§6904 — Title 16 Conservation | U.S. Code

Summary

The Secretary can create rules needed to carry out the United States’ international duties under the WCPFC Convention and this chapter. The Secretary must work with the Secretary of State and, for enforcement rules, with the head of the department that runs the Coast Guard. If the Secretary has choices about measures that affect Regional Fishery Management Council fisheries, the Secretary may, when practical and on the WCPFC schedule, use the procedures in the Magnuson‑Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) to make those rules. The Secretary can make these rules apply to any vessel or person under U.S. jurisdiction, including U.S.-flag vessels anywhere, starting on a date the Secretary sets.

Title 16, §6904

Conservation — Source: USLM XML via OLRC

(a)The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the Department in which the Coast Guard is operating, is authorized to promulgate such regulations as may be necessary to carry out the United States international obligations under the WCPFC Convention and this chapter, including recommendations and decisions adopted by the Commission. In cases where the Secretary has discretion in the implementation of one or more measures adopted by the Commission that would govern fisheries under the authority of a Regional Fishery Management Council, the Secretary may, to the extent practicable within the implementation schedule of the WCPFC Convention and any recommendations and decisions adopted by the Commission, promulgate such regulations in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(b)The Secretary may promulgate regulations applicable to all vessels and persons subject to the jurisdiction of the United States, including United States flag vessels wherever they may be operating, on such date as the Secretary shall prescribe.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1801 of this title and Tables.

§6904 Rulemaking authority of the Secretary of Commerce