§7805 — Title 16 Conservation | U.S. Code

Summary

The Secretary and the Secretary of the department that runs the Coast Guard must enforce this chapter. They can let other federal or state agencies, and officers those agencies authorize, enforce the rules. Those officers get the same powers, authority, and procedures as are given in the Magnuson‑Stevens Fishery Conservation and Management Act (see section 311, 16 U.S.C. 1861, and sections 308–311, 16 U.S.C. 1858–1861). Federal district courts handle cases under this enforcement rule. For Hawaii and U.S. Pacific possessions the proper court is 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 the District of the Northern Mariana Islands. Each violation is a separate offense and can be charged where it first happened or in other districts allowed by law; offenses not in any district follow 18 U.S.C. 3238.

Title 16, §7805

Conservation — Source: USLM XML via OLRC

(a)This chapter, and any regulations or permits issued under this chapter, shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. Such Secretaries shall, and the head of any Federal or State agency that has entered into an agreement with either such Secretary under this section may (if the agreement so provides), authorize officers to enforce this chapter or any regulation promulgated under this chapter. Any officer so authorized may enforce this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though section 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861) were incorporated into and made a part 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 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 through 1861) were incorporated into and made a part of this chapter. Any person that violates this chapter shall be 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 and by the same means as though sections 308 through 311 of that Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of this chapter.

(c)(1)The district courts of the United States shall have jurisdiction over any actions arising under this section.

(2)Notwithstanding subsection (b), for the purpose of this section, for 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 as authorized by law. Any offenses not committed in any district are subject to the venue provisions of section 3238 of title 18.

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.

§7805 Enforcement