16 U.S.C. § 6904: Rulemaking authority of the…

Summary

The Secretary of Commerce can make rules needed to meet U.S. obligations under the WCPFC Convention and related U.S. law. The Secretary must consult the Secretary of State and, for enforcement rules, the official who oversees the Coast Guard. If a choice must be made about measures that affect fisheries run by regional councils, the Secretary may, when possible and on the Convention’s timeline, use the Magnuson‑Stevens Act rule process. Those rules can apply to any person or vessel under U.S. jurisdiction, including U.S.-flag ships anywhere, starting on whatever date the Secretary sets.

Title 16, §6904

Conservation, Source: USLM XML via OLRC

(a)Promulgation of regulations

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, is authorized to promulgate such regulations as may be necessary to carry out the United States international obligations under the WCPFC 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 WCPFC Convention and any recommendations and decisions adopted by the Commission, promulgate such regulations in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(b)Additions to fishery regimes and regulations

The Secretary may promulgate regulations applicable to all vessels and persons subject to the jurisdiction of the United States, including United States flag vessels 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.

§6904 Rulemaking Authority of the Secretary of Commerce