16 U.S.C. § 7009: Enforcement

Summary

The Secretary can run and enforce this law and its rules. The Secretary may get help from other federal agencies, paid or unpaid, and may collect, use, and share information needed to carry out the Agreement and this law, but must follow sections 552 and 552a of title 5. Breaking this law or its rules is illegal. The Secretary must stop violations and can use the same powers, penalties, and legal protections as the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and violations are treated like violations of section 307 of that Act (16 U.S.C. 1857).

Title 16, §7009

Conservation, Source: USLM XML via OLRC

(a)In general

The Secretary may—

(1)administer and enforce this chapter and any regulations issued under this chapter;

(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 the administration and enforcement of this chapter; and

(3)collect, utilize, and disclose such information as may be necessary to implement the Agreement and this chapter, subject to section 552 and 552a of title 5.

(b)Prohibited acts

It is unlawful for any person to violate any provision of this chapter or the regulations promulgated under this chapter.

(c)Actions by the Secretary

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 [16 U.S.C. 1801 et seq.] 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.

(d)Penalties

This chapter shall be enforced by the Secretary as if a violation of this chapter or of any regulation promulgated by the Secretary under this chapter were a violation of section 307 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (c), 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.

§7009 Enforcement