§7705 — Title 16 Conservation | U.S. Code

Summary

The Secretary of Commerce and the Secretary in charge of the Coast Guard must run and carry out the rules in this chapter. They can get help from other federal agencies, using people, equipment, or facilities, paid or unpaid. They must stop people from breaking rules about fishing or saving fish in the Convention Area. The same powers, penalties, and procedures apply as in sections 308–311 of the Magnuson‑Stevens Fishery Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, and 1861). Violators face the same penalties and legal rights as under the Magnuson‑Stevens Act (16 U.S.C. 1801 et seq.). Federal district courts handle cases under this chapter. Those courts can issue temporary orders, warrants or in rem process, require bonds, and take other actions needed for justice. For venue, Hawaii and U.S. Pacific possessions use the U.S. District Court for the District of Hawaii, except Guam and Wake Island use the District of Guam, and the Northern Mariana Islands use their District. Each illegal act is a separate offense and can be tried where it first happened or in other districts allowed by law; if none applies, venue follows section 3238 of title 18. Information given to the Secretary under this chapter, including information sent before December 16, 2016, is confidential and must not be made public, except in limited cases. It may be shared with federal staff who run or enforce the chapter; with the Commission under the North Pacific Fisheries Convention (if an agreement protects identities and business data); with State, Council, or marine fisheries commission staff under a similar agreement; when a court orders it; or if the person who provided the information gives written permission. The Secretary must make rules to protect confidentiality. The Secretary may release aggregate or summary data that do not identify any person or business. The Secretary may still use the information for conservation and management purposes.

Title 16, §7705

Conservation — Source: USLM XML via OLRC

(a)The Secretary and the Secretary of the department in which the Coast Guard is operating—

(1)shall administer and enforce this chapter and any regulations issued under this chapter; and

(2)may request and utilize on a reimbursed or nonreimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in the administration and enforcement of this chapter.

(b)The Secretary and the Secretary of the department in which the Coast Guard is operating shall prevent any person from violating this chapter with respect to fishing activities or the conservation of fisheries resources in the Convention Area in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, and 1861) were incorporated into and made a part of this chapter. Any person that violates this chapter is subject to the penalties and entitled to the privileges and immunities provided in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) in the same manner, by the same means, and with the same jurisdiction, power, and duties as though sections 308 through 311 of that Act (16 U.S.C. 1858, 1859, 1860, and 1861) were incorporated into and made a part of this chapter.

(c)(1)Subject to paragraphs (2) and (3), the district courts of the United States shall have jurisdiction over any case or controversy arising under this chapter, and any such court may at any time—

(A)enter restraining orders or prohibitions;

(B)issue warrants, process in rem, or other process;

(C)prescribe and accept satisfactory bonds or other security; and

(D)take such other actions as are in the interest of justice.

(2)In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that—

(A)in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and

(B)in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands.

(3)Each violation shall be a separate offense and the offense is deemed to have been committed not only in the district where the violation first occurred, but also in any other district authorized by law. Any offense not committed in any district is subject to the venue provisions of section 3238 of title 18.

(d)(1)Any information submitted to the Secretary in compliance with any requirement under this chapter, and information submitted under any requirement of this chapter that may be necessary to implement the Convention, including information submitted before December 16, 2016, shall be confidential and may not be disclosed, except—

(A)to a Federal employee who is responsible for administering, implementing, or enforcing this chapter;

(B)to the Commission, in accordance with requirements in the North Pacific Fisheries 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, Council, or marine fisheries commission employees pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business of 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 another person for a reason not otherwise provided for in this paragraph, and such release does not violate other requirements of this chapter.

(2)(A)Except as provided in subparagraph (B), the Secretary shall promulgate regulations regarding the procedures the Secretary considers necessary to preserve the confidentiality of information submitted under this chapter.

(B)The Secretary may release or make public information submitted under this chapter if the information is in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person.

(3)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 under this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

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

Short Title

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

§7705 Enforcement