§1826g Enforcement

Summary

The Secretary and the head of the department where the Coast Guard operates must enforce these fishing laws. They can use staff, ships, planes, and facilities from other federal or state agencies, paid for or not. The rule covers nine Acts: the Pacific Salmon Treaty Act of 1985; the Dolphin Protection Consumer Information Act; the Tuna Conventions Act of 1950; the North Pacific Anadromous Stocks Act of 1992; the Atlantic Tunas Convention Act of 1975; the Northwest Atlantic Fisheries Convention Act of 1995; the Western and Central Pacific Fisheries Convention Implementation Act; the Antigua Convention Implementing Act of 2015; and the Ensuring Access to Pacific Fisheries Act. Enforcement uses the same jurisdiction, powers, and duties as if sections 308 through 311 of the Magnuson‑Stevens Fishery Conservation and Management Act applied. The Secretary may work with other countries to stop illegal fishing. Officers the Secretary or an agreed federal or state agency authorizes may enforce the laws as if section 311 applied. The Secretary may share information with U.S. or foreign agencies and international fishery groups when needed and when data protection rules (including section 402 of Magnuson‑Stevens) are met; however, confidentiality does not block sharing when the U.S. must share under a regional fisheries organization or for information about foreign vessels. It is illegal to break these laws, refuse a lawful boarding or search, assault or block officers, interfere with arrests, or harass or bribe observers or data collectors. Violators can face civil fines and permit sanctions under section 308 of Magnuson‑Stevens and criminal penalties under section 309(b). The President must use Defense, Coast Guard, and other federal assets to detect and prevent large‑scale driftnet fishing on the high seas, as allowed by international law.