§7804 — Title 16 Conservation | U.S. Code

Summary

The Secretary runs and enforces this program. The Secretary can make rules, give permits to U.S. vessels and their owners or operators to fish in the Convention Area, and, if the U.S. Commissioners recommend it, charge fees up to 3 percent of the ex-vessel value of catch to cover the U.S. costs of carrying out these duties. Working with the Secretary of State and the Secretary overseeing the Coast Guard, the Secretary may create rules needed to meet U.S. international obligations under the South Pacific Fishery Resources Convention and Commission decisions. Those rules only apply to people or vessels that fish and to the fish covered by the Convention. The Secretary must try to keep these programs consistent with other U.S. fishery laws (for example, the Magnuson-Stevens Act and related statutes). Regulations can be challenged in court under chapter 7 of title 5 if a petition is filed within 30 days of issuance or publication. The Secretary must file a response within 30 days after being served (the court may extend for good cause), must include the administrative record, and the court must set the earliest possible hearing if the petitioner asks.

Title 16, §7804

Conservation — Source: USLM XML via OLRC

(a)The Secretary may—

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

(2)issue permits to vessels subject to the jurisdiction of the United States, and to owners and operators of such vessels, to fish in the Convention Area, under such terms and conditions as the Secretary may prescribe; and

(3)if recommended by the United States Commissioners, assess and collect fees, not to exceed 3 percent of the ex-vessel value of fisheries resources harvested by vessels of the United States in fisheries conducted in the Convention Area, to recover the actual costs to the United States to carry out the functions of the Secretary under this chapter.

(b)(1)The Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, may promulgate such regulations as may be necessary and appropriate to carry out the international obligations of the United States under the South Pacific Fishery Resources Convention and this chapter, including decisions adopted by the Commission.

(2)Regulations promulgated under this subsection shall be applicable only to a person or fishing vessel that is or has engaged in fishing, and fishery resources covered by the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean under this chapter.

(c)The Secretary shall ensure the consistency, to the extent practicable, of fishery management programs administered under this chapter, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.), the South Pacific Tuna Act of 1988 (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), the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102–567) and the amendments made by that Act, and Public Law 100–629 (102 Stat. 3286).

(d)(1)Regulations promulgated by the Secretary under this chapter shall be subject to judicial review to the extent authorized by, and in accordance with, chapter 7 of title 5 if a petition for such review is filed not later than 30 days after the date on which the regulations are promulgated or the action is published in the Federal Register, as applicable.

(2)Notwithstanding any other provision of law, the Secretary shall file a response to any petition filed in accordance with paragraph (1) not later than 30 days after the date the Secretary is served with that petition, except that the appropriate court may extend the period for filing such a response upon a showing by the Secretary of good cause for that extension.

(3)A response of the Secretary under paragraph (2) shall include a copy of the administrative record for the regulations that are the subject of the petition.

(4)Upon a motion by the person who files a petition under this subsection, the appropriate court shall assign the matter for hearing at the earliest possible date.

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

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note set out under section 1801 of this title and Tables. The Tuna Conventions Act of 1950, referred to in subsec. (c), is 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

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note set out under section 951 of this title and Tables. The South Pacific Tuna Act of 1988, referred to in subsec. (c), is 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

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note set out under section 973 of this title and Tables. The Western and Central Pacific Fisheries Convention Implementation Act, referred to in subsec. (c), is title V of Pub. L. 109–479, Jan. 12, 2007, 120 Stat. 3635, which is classified generally to chapter 88 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 6901 of this title and Tables. The National Oceanic and Atmospheric Administration Authorization Act of 1992, referred to in subsec. (c), is Pub. L. 102–567, Oct. 29, 1992, 106 Stat. 4270. For complete classification of this Act to the Code, see Tables.

§7804 Responsibility of the Secretary and Rulemaking Authority

Summary

Title 16, §7804

Notes & Related Subsidiaries

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