Title 16, ConservationRelease 119-110

§7805 Enforcement

Title 16 › CHAPTER 97 — CONVENTION ON THE CONSERVATION AND MANAGEMENT OF HIGH SEAS FISHERY RESOURCES IN THE SOUTH PACIFIC › § 7805

Last updated Sep 22, 2026|Official source

Summary

The Secretary and the Secretary of the department that runs the Coast Guard must enforce this chapter and any rules or permits under it. They can let officers do the enforcing, including officers from federal or state agencies that agree to help. Any officer they authorize has the same powers and duties as if section 311 of the Magnuson‑Stevens Fishery Conservation and Management Act (16 U.S.C. 1861) were part of this chapter. They must stop violations using the same tools and authority as if sections 308–311 of the Magnuson‑Stevens Act (16 U.S.C. 1858–1861) were part of this chapter. People who break this chapter face the same penalties and have the same legal protections as in the Magnuson‑Stevens Act (16 U.S.C. 1801 et seq.). Federal district courts handle cases under this rule. For Hawaii and nearby Pacific possessions, the proper court is the U.S. District Court for the District of Hawaii, except Guam and Wake Island go to the District of Guam, and the Northern Mariana Islands go to the District of the Northern Mariana Islands. Each violation is a separate offense and can be treated as happening in the district where it first occurred or in other districts allowed by law; offenses not in any district follow the venue rules in section 3238 of title 18.

Full Legal Text

Title 16, §7805

Conservation, Source: USLM XML via OLRC

(a)Responsibility
This chapter, and any regulations or permits issued under this chapter, shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. Such Secretaries shall, and the head of any Federal or State agency that has entered into an agreement with either such Secretary under this section may (if the agreement so provides), authorize officers to enforce this chapter or any regulation promulgated under this chapter. Any officer so authorized may enforce this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though section 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861) were incorporated into and made a part of this chapter.
(b)Administration and enforcement
The Secretary and the Secretary of the department in which the Coast Guard is operating 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 sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of this chapter. Any person that violates this chapter shall be 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 and by the same means as though sections 308 through 311 of that Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of this chapter.
(c)District court jurisdiction
(1)In general
The district courts of the United States shall have jurisdiction over any actions arising under this section.
(2)Hawaii and Pacific insular areas
Notwithstanding subsection (b), for the purpose of this section, for 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 as authorized by law. Any offenses not committed in any district are subject to the venue provisions of section 3238 of title 18.

Legislative History

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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 7805

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110