16 U.S.C. § 7705: Enforcement

Summary

The Secretaries must enforce the rules in this chapter and may use help from other federal agencies, whether paid or unpaid. They must stop people from breaking the rules about fishing or conserving fish in the Convention Area. Enforcement and penalties work the same way as sections 308 through 311 (16 U.S.C. 1858, 1859, 1860, and 1861) of the Magnuson‑Stevens Fishery Conservation and Management Act. People who break these rules are treated the same as under the Magnuson‑Stevens Act (16 U.S.C. 1801 et seq.). Federal district courts handle cases under this chapter. Those courts can issue orders, warrants, seize vessels or other property, require bonds, and take other actions the court finds appropriate. Each violation is a separate offense and can be tried where it first happened or in any other proper district; if no district fits, venue follows section 3238 of title 18. For Hawaii and U.S. Pacific possessions, the District of Hawaii is generally the proper court, except Guam and Wake Island use the District of Guam, and the Northern Mariana Islands use the District of the Northern Mariana Islands. Information submitted under this chapter, including information given before December 16, 2016, is confidential. It may only be shared with federal staff who run or enforce the chapter; with the Commission under its rules; with state or council fisheries staff under an agreement that protects identities; when a court orders it; or if the submitter gives written permission. The Secretary must make rules to keep information private. The Secretary may publish summaries or totals that do not reveal anyone’s identity or business. The Secretary may also use submitted information for conservation and management.

Title 16, §7705

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(a)In general

The Secretary and the Secretary of the department in which the Coast Guard is operating—

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

(2)may request and utilize on a reimbursed or nonreimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in the administration and enforcement of this chapter.

(b)Secretarial actions

The Secretary and the Secretary of the department in which the Coast Guard is operating shall prevent any person from violating this chapter with respect to fishing activities or the conservation of fisheries resources in the Convention Area in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, and 1861) were incorporated into and made a part of this chapter. Any person that violates 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 sections 308 through 311 of that Act (16 U.S.C. 1858, 1859, 1860, and 1861) were incorporated into and made a part of this chapter.

(c)Jurisdiction of the courts

(1)In general

Subject to paragraphs (2) and (3), the district courts of the United States shall have jurisdiction over any case or controversy arising under this chapter, and any such court may at any time—

(A)enter restraining orders or prohibitions;

(B)issue warrants, process in rem, or other process;

(C)prescribe and accept satisfactory bonds or other security; and

(D)take such other actions as are in the interest of justice.

(2)Hawaii and Pacific insular areas

In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that—

(A)in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and

(B)in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands.

(3)Construction

Each violation shall be a separate offense and the offense is deemed to have been committed not only in the district where the violation first occurred, but also in any other district authorized by law. Any offense not committed in any district is subject to the venue provisions of section 3238 of title 18.

(d)Confidentiality

(1)In general

Any information submitted to the Secretary in compliance with any requirement under this chapter, and information submitted under any requirement of this chapter that may be necessary to implement the Convention, including information submitted before December 16, 2016, shall be confidential and may not be disclosed, except—

(A)to a Federal employee who is responsible for administering, implementing, or enforcing this chapter;

(B)to the Commission, in accordance with requirements in the North Pacific Fisheries 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, Council, or marine fisheries commission employees pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business of 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 another person for a reason not otherwise provided for in this paragraph, and such release does not violate other requirements of this chapter.

(2)Use of information

(A)In general

Except as provided in subparagraph (B), the Secretary shall promulgate regulations regarding the procedures the Secretary considers necessary to preserve the confidentiality of information submitted under this chapter.

(B)Exception

The Secretary may release or make public information submitted under this chapter if the information is in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person.

(3)Rule of construction

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 under this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

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.

§7705 Enforcement