§6905 — Title 16 Conservation | U.S. Code

Summary

The Secretary of Commerce can run and enforce the program and the rules under it. The Secretary can get help from other federal agencies, carry out fishing trips and science studies, and collect and use information needed to carry out the convention while following federal public-record and privacy laws. The Secretary can give permits to U.S. vessel owners to fish beyond the U.S. Exclusive Economic Zone under rules the Secretary sets. If the U.S. Commissioners or the fishery council recommend it, the Secretary may charge fees up to 3% of the ex-vessel value of fish caught by U.S. vessels in these fisheries to cover actual management and enforcement costs; those fees go into the account that pays for the Secretary’s work. Information given to the Secretary under this law is confidential. It can only be shared with federal staff running the program, with the international Commission or state fishery agencies under agreements that protect identities, if a court orders it, or if the person who provided the information gives written permission. The Secretary must make rules to keep information private but may release summary or aggregate data that does not identify anyone. The Secretary may use the information for conservation and management. There are additional prohibitions and enforcement rules in another part of the law.

Title 16, §6905

Conservation — Source: USLM XML via OLRC

(a)The Secretary may—

(1)administer and enforce this chapter and any regulations issued under this chapter, except to the extent otherwise provided for in this Act;

(2)request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in—

(A)the administration and enforcement of this chapter; and

(B)the conduct of scientific, research, and other programs under this chapter;

(3)conduct fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary to implement the WCPFC Convention;

(4)collect, utilize, and disclose such information as may be necessary to implement the WCPFC Convention, subject to section 552 and 552a of title 5 and section 402(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(b));

(5)if recommended by the United States Commissioners or proposed by a Council with authority over the relevant fishery, assess and collect fees, not to exceed three percent of the ex-vessel value of fish harvested by vessels of the United States in fisheries managed pursuant to this chapter, to recover the actual costs to the United States of management and enforcement under this chapter, which shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Secretary under this chapter; and

(6)issue permits to owners and operators of United States vessels to fish in the convention area seaward of the United States Exclusive Economic Zone, under such terms and conditions as the Secretary may prescribe, and shall remain valid for a period to be determined by the Secretary.

(b)The Secretary shall ensure the consistency, to the extent practicable, of fishery management programs administered under this Act, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the Tuna Conventions Act (16 U.S.C. 951 et seq.), the South Pacific Tuna Act (16 U.S.C. 973 et seq.), section 401 of Public Law 108–219 (16 U.S.C. 1821 note) (relating to Pacific albacore tuna), and the Atlantic Tunas Convention Act (16 U.S.C. 971 [et seq.]).

(c)For additional prohibitions relating to this chapter and enforcement of this chapter, see section 1826g of this title.

(d)(1)Any information submitted to the Secretary in compliance with any requirement under this Act shall be confidential and shall not be disclosed, except—

(A)to Federal employees who are responsible for administering, implementing, and enforcing this Act;

(B)to the Commission, in accordance with requirements in the 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 or Marine Fisheries Commission employees pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business or 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 persons for reasons not otherwise provided for in this subsection, and such release does not violate other requirements of this Act.

(2)The Secretary shall, by regulation, prescribe such procedures as may be necessary to preserve the confidentiality of information submitted in compliance with any requirement or regulation under this Act, except that the Secretary may release or make public any such information in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person. 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 in compliance with any requirement or regulation under this Act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsecs. (a)(1), (b), and (d), is Pub. L. 109–479, Jan. 12, 2007, 120 Stat. 3575, known as the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006. For complete classification of this Act to the Code, see

Short Title

of 2007 Amendment note set out under section 1801 of this title and Tables. 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. The Tuna Conventions Act, referred to in subsec. (b), probably means the Tuna Conventions Act of 1950, act Sept. 7, 1950, ch. 907, 64 Stat. 777, which is classified generally to chapter 16 (§ 951 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 951 of this title and Tables. The South Pacific Tuna Act, referred to in subsec. (b), probably means the South Pacific Tuna Act of 1988, Pub. L. 100–330, June 7, 1988, 102 Stat. 591, which is classified generally to chapter 16C (§ 973 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 973 of this title and Tables. The Atlantic Tunas Convention Act, referred to in subsec. (b), probably means the Atlantic Tunas Convention Act of 1975, Pub. L. 94–70, Aug. 5, 1975, 89 Stat. 385, which is classified generally to chapter 16A (§ 971 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 971 of this title and Tables.

Amendments

2015—Pub. L. 114–81 amended subsec. (c) generally. Prior to amendment, text read as follows: “The Secretary 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 all applicable terms and provisions of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) were incorporated into and made a part of this chapter. Any person that violates any provision of this chapter is subject to the penalties and entitled to the privileges and immunities provided in the Magnuson-Stevens Fishery Conservation and Management Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of that Act were incorporated into and made a part of this chapter.”

§6905 Enforcement

Summary

Title 16, §6905

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Short Title

Short Title

Short Title

Amendments

Citations & Metadata