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

Summary

The Secretary can make rules so the United States meets its international duties under the Convention and this chapter. The Secretary must work with the Secretary of State and, for enforcement matters, with the department that runs the Coast Guard. The rules can include the Commission’s recommendations. If a rule affects fisheries managed by a Regional Fishery Management Council, the Secretary may, as practical within the Convention’s timing, use the Magnuson‑Stevens Act procedures (16 U.S.C. 1801 et seq.). The Secretary may also apply rules to all vessels and people under U.S. jurisdiction, including vessels documented under chapter 121 of title 46, wherever they operate, effective on a date the Secretary sets.

Title 16, §955

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, may promulgate such regulations as may be necessary to carry out the United States international obligations under the 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 Convention and any recommendations and decisions adopted by the Commission, promulgate such regulations as may be necessary to carry out the United States international obligations under the Convention and this chapter, 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 as may be necessary to carry out the United States international obligations under the Convention and this chapter, applicable to all vessels and persons subject to the jurisdiction of the United States, including vessels documented under chapter 121 of title 46, 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.

Amendments

2015—Pub. L. 114–81 amended section generally. Prior to amendment, section authorized Secretary of State to act for United States. 1962—Subsecs. (a), (b). Pub. L. 87–814 substituted “Secretary of the Interior” for “head of the

Enforcement

agency”. Subsec. (c). Pub. L. 87–814 added subsec. (c).

Executive Documents

Transfer of Functions

Functions of the Secretary of the Interior transferred to the Secretary of Commerce in view of: creation of National Oceanic and Atmospheric Administration in Department of Commerce and Office of Administrator of such Administration; abolition of Bureau of Commercial Fisheries in Department of the Interior and Office of Director of such Bureau; transfers of functions formerly vested by law in Secretary of the Interior or Department of the Interior which were administered through Bureau of Commercial Fisheries or were primarily related to such Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigations; and transfer of marine sport fish program of Bureau of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees.

§955 Rulemaking