§6905 — Title 16 Conservation | U.S. Code

Summary

The Secretary can run and enforce the programs under this chapter. The Secretary can ask other federal agencies for help, paid or unpaid, to do that work and to run scientific and research programs. The Secretary can carry out fishing trips and experiments needed for science or to meet the WCPFC Convention. The Secretary can gather, use, and share information needed to carry out the Convention, but must follow federal privacy and disclosure laws (see 5 U.S.C. 552 and 552a and 16 U.S.C. 1881a(b)). If the United States Commissioners or a relevant Council asks, the Secretary can charge fees up to three percent of the ex-vessel value of fish caught by U.S. vessels in these fisheries to recover actual management and enforcement costs; those fees must be put into and credited to the federal account that pays for the Secretary’s work. The Secretary can also issue permits for U.S. vessels to fish in the convention area beyond the U.S. Exclusive Economic Zone and set their terms and how long they last. The Secretary must try to keep these programs consistent, as much as possible, with other U.S. fisheries laws (for example, the Magnuson‑Stevens Act, the Tuna Conventions Act, the South Pacific Tuna Act, the Pacific albacore provision in Public Law 108–219, and the Atlantic Tunas Convention Act). There are additional prohibitions and enforcement rules in section 1826g. Information given to the Secretary under this Act is confidential and can only be shared in limited ways: with federal staff who run or enforce the law, with the Commission or state fishery agencies under protective agreements, when a court orders it, or when the person who provided it agrees in writing. The Secretary must make rules to protect confidentiality and may publish summaries or totals that do not identify anyone.

Title 16, §6905

Conservation — Source: USLM XML via OLRC

(a)The Secretary may—

(1)administer and enforce this chapter and any regulations issued under this chapter, except to the extent otherwise provided for in this Act;

(2)request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in—

(A)the administration and enforcement of this chapter; and

(B)the conduct of scientific, research, and other programs under this chapter;

(3)conduct fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary to implement the WCPFC Convention;

(4)collect, utilize, and disclose such information as may be necessary to implement the WCPFC Convention, subject to section 552 and 552a of title 5 and section 402(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(b));

(5)if recommended by the United States Commissioners or proposed by a Council with authority over the relevant fishery, assess and collect fees, not to exceed three percent of the ex-vessel value of fish harvested by vessels of the United States in fisheries managed pursuant to this chapter, to recover the actual costs to the United States of management and enforcement under this chapter, which shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Secretary under this chapter; and

(6)issue permits to owners and operators of United States vessels to fish in the convention area seaward of the United States Exclusive Economic Zone, under such terms and conditions as the Secretary may prescribe, and shall remain valid for a period to be determined by the Secretary.

(b)The Secretary shall ensure the consistency, to the extent practicable, of fishery management programs administered under this Act, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the Tuna Conventions Act (16 U.S.C. 951 et seq.), the South Pacific Tuna Act (16 U.S.C. 973 et seq.), section 401 of Public Law 108–219 (16 U.S.C. 1821 note) (relating to Pacific albacore tuna), and the Atlantic Tunas Convention Act (16 U.S.C. 971 [et seq.]).

(c)For additional prohibitions relating to this chapter and enforcement of this chapter, see section 1826g of this title.

(d)(1)Any information submitted to the Secretary in compliance with any requirement under this Act shall be confidential and shall not be disclosed, except—

(A)to Federal employees who are responsible for administering, implementing, and enforcing this Act;

(B)to the Commission, in accordance with requirements in the Convention and decisions of the Commission, and, insofar as possible, in accordance with an agreement with the Commission that prevents public disclosure of the identity or business of any person;

(C)to State or Marine Fisheries Commission employees pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business or any person;

(D)when required by court order; or

(E)when the Secretary has obtained written authorization from the person submitting such information to release such information to persons for reasons not otherwise provided for in this subsection, and such release does not violate other requirements of this Act.

(2)The Secretary shall, by regulation, prescribe such procedures as may be necessary to preserve the confidentiality of information submitted in compliance with any requirement or regulation under this Act, except that the Secretary may release or make public any such information in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person. Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary of any information submitted in compliance with any requirement or regulation under this Act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsecs. (a)(1), (b), and (d), is Pub. L. 109–479, Jan. 12, 2007, 120 Stat. 3575, known as the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006. For complete classification of this Act to the Code, see

Short Title

of 2007 Amendment note set out under section 1801 of this title and Tables. The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b), 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

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note set out under section 1801 of this title and Tables. The Tuna Conventions Act, referred to in subsec. (b), probably means the Tuna Conventions Act of 1950, act Sept. 7, 1950, ch. 907, 64 Stat. 777, which is classified generally to chapter 16 (§ 951 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 951 of this title and Tables. The South Pacific Tuna Act, referred to in subsec. (b), probably means the South Pacific Tuna Act of 1988, Pub. L. 100–330, June 7, 1988, 102 Stat. 591, which is classified generally to chapter 16C (§ 973 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 973 of this title and Tables. The Atlantic Tunas Convention Act, referred to in subsec. (b), probably means the Atlantic Tunas Convention Act of 1975, Pub. L. 94–70, Aug. 5, 1975, 89 Stat. 385, which is classified generally to chapter 16A (§ 971 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 971 of this title and Tables.

Amendments

2015—Pub. L. 114–81 amended subsec. (c) generally. Prior to amendment, text read as follows: “The Secretary shall prevent any person from violating this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) were incorporated into and made a part of this chapter. Any person that violates any provision of this chapter is subject to the penalties and entitled to the privileges and immunities provided in the Magnuson-Stevens Fishery Conservation and Management Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of that Act were incorporated into and made a part of this chapter.”

§6905 Enforcement

Summary

Title 16, §6905

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

Citations & Metadata