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16 U.S.C. § 1861 — Enforcement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Responsibility** The provisions of this chapter shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. Such Secretaries may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency, including all elements of the Department of Defense, and of any State agency, in the performance of such duties.
**(b) Powers of authorized officers**
(1) Any officer who is authorized (by the Secretary, the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an agreement with such Secretaries under subsection (a)) to enforce the provisions of this chapter may—
(A) with or without a warrant or other process—
(i) arrest any person, if he has reasonable cause to believe that such person has committed an act prohibited by [section 1857 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1857&num=0&edition=prelim);
(ii) board, and search or inspect, any fishing vessel which is subject to the provisions of this chapter;
(iii) seize any fishing vessel (together with its fishing gear, furniture, appurtenances, stores, and cargo) used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any provision of this chapter;
(iv) seize any fish (wherever found) taken or retained in violation of any provision of this chapter;
(v) seize any other evidence related to any violation of any provision of this chapter; and
(vi) access, directly or indirectly, for enforcement purposes any data or information required to be
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Source location: Title 16, Chapter 38, § 1861; chapter-038-fishery-conservation-and-management.md
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**(a) Responsibility** The provisions of this chapter shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. Such Secretaries may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency, including all elements of the Department of Defense, and of any State agency, in the performance of such duties.
**(b) Powers of authorized officers**
(1) Any officer who is authorized (by the Secretary, the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an agreement with such Secretaries under subsection (a)) to enforce the provisions of this chapter may—
(A) with or without a warrant or other process—
(i) arrest any person, if he has reasonable cause to believe that such person has committed an act prohibited by [section 1857 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1857&num=0&edition=prelim);
(ii) board, and search or inspect, any fishing vessel which is subject to the provisions of this chapter;
(iii) seize any fishing vessel (together with its fishing gear, furniture, appurtenances, stores, and cargo) used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any provision of this chapter;
(iv) seize any fish (wherever found) taken or retained in violation of any provision of this chapter;
(v) seize any other evidence related to any violation of any provision of this chapter; and
(vi) access, directly or indirectly, for enforcement purposes any data or information required to be provided under this subchapter or regulations under this subchapter, including data from vessel monitoring systems, satellite-based maritime distress and safety systems, or any similar system, subject to the confidentiality provisions of [section 1881a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1881a&num=0&edition=prelim);
(B) execute any warrant or other process issued by any court of competent jurisdiction; and
(C) exercise any other lawful authority.
(2) Subject to the direction of the Secretary, a person charged with law enforcement responsibilities by the Secretary who is performing a duty related to enforcement of a law regarding fisheries or other marine resources may make an arrest without a warrant for an offense against the United States committed in his presence, or for a felony cognizable under the laws of the United States, if he has reasonable grounds to believe that the person to be arrested has committed or is committing a felony. The arrest authority described in the preceding sentence may be conferred upon an officer or employee of a State agency, subject to such conditions and restrictions as are set forth by agreement between the State agency, the Secretary, and, with respect to enforcement operations within the exclusive economic zone, the Secretary of the department in which the Coast Guard is operating.
**(c) Issuance of citations** If any officer authorized to enforce the provisions of this chapter (as provided for in this section) finds that a fishing vessel is operating or has been operated in violation of any provision of this chapter, such officer may, in accordance with regulations issued jointly by the Secretary and the Secretary of the department in which the Coast Guard is operating, issue a citation to the owner or operator of such vessel in lieu of proceeding under subsection (b). If a permit has been issued pursuant to this chapter for such vessel, such officer shall note the issuance of any citation under this subsection, including the date thereof and the reason therefor, on the permit. The Secretary shall maintain a record of all citations issued pursuant to this subsection.
**(d) Jurisdiction of courts** The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this chapter. 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 in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam, and 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. Any such court may, at any time—
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other process;
(3) prescribe and accept satisfactory bonds or other security; and
(4) take such other actions as are in the interest of justice.
**(e) Payment of storage, care, and other costs**
(1) Notwithstanding any other provision of law, the Secretary or the Secretary of the Treasury may pay from sums received as fines, penalties, and forfeitures of property for violations of any provisions of this chapter or of any other marine resource law enforced by the Secretary, including the Lacey Act Amendments of 1981 ([16 U.S.C. 3371](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3371&num=0&edition=prelim) et seq.)—
(A) the reasonable and necessary costs incurred in providing temporary storage, care, and maintenance of seized fish or other property pending disposition of any civil or criminal proceeding alleging a violation of any provision of this chapter or any other marine resource law enforced by the Secretary with respect to that fish or other property;
(B) a reward of not less than 20 percent of the penalty collected or $20,000, whichever is the lesser amount, to any person who furnishes information which leads to an arrest, conviction, civil penalty assessment, or forfeiture of property for any violation of any provision of this chapter or any other marine resource law enforced by the Secretary;
(C) any expenses directly related to investigations and civil or criminal enforcement proceedings, including any necessary expenses for equipment, training, travel, witnesses, and contracting services directly related to such investigations or proceedings;
(D) any valid liens or mortgages against any property that has been forfeited;
(E) claims of parties in interest to property disposed of under [section 1612(b) of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1612/b&num=0&edition=prelim), as made applicable by [section 1860(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1860/c&num=0&edition=prelim) or by any other marine resource law enforced by the Secretary, to seizures made by the Secretary, in amounts determined by the Secretary to be applicable to such claims at the time of seizure; and
(F) reimbursement to any Federal or State agency, including the Coast Guard, for services performed, or personnel, equipment, or facilities utilized, under any agreement with the Secretary entered into pursuant to subsection (a), or any similar agreement authorized by law.
(2) Any person found in an administrative or judicial proceeding to have violated this chapter or any other marine resource law enforced by the Secretary shall be liable for the cost incurred in the sale, storage, care, and maintenance of any fish or other property lawfully seized in connection with the violation.
**(f) Enforcement of Northeast Multispecies Fishery Management Plan**
(1) **Enforcement agreements** — Beginning not later than October 1, 1993, the Secretary shall, if requested by the Governor of a State represented on the New England Fishery Management Council, enter into an agreement under subsection (a), with each of the States represented on such Council, that authorizes the marine law enforcement agency of such State to perform duties of the Secretary relating to enforcement of the Northeast Multispecies Fishery Management Plan.
(2) **Reimbursement** — An agreement with a State under this subsection shall provide, subject to the availability of appropriations, for reimbursement of the State for expenses incurred in detection and prosecution of violations of any fishery management plan approved by the Secretary.
(3) **Coast Guard enforcement working group**
(A) *Establishment* — The Commander of the First Coast Guard District shall establish an informal fisheries enforcement working group to improve the overall compliance with and effectiveness of the regulations issued under the Northeast Multispecies Fishery Management Plan.
(B) *Membership* — The working group shall consist of members selected by the Commander, and shall include—
(i) individuals who are representatives of various fishing ports located in the States represented on the New England Fishery Management Council;
(ii) captains of fishing vessels that operate in waters under the jurisdiction of that Council; and
(iii) other individuals the Commander considers appropriate.
(C) *Non-Federal status of working group members* — An individual shall not receive any compensation for, and shall not be considered to be a Federal employee based on, membership in the working group.
(D) *Meetings* — The working group shall meet, at the call of the Commander, at least 4 times each year. The meetings shall be held at various major fishing ports in States represented on the New England Fishery Management Council, as specified by the Commander.
(4) **Use of fines and penalties** — Amounts available to the Secretary under this chapter which are attributable to fines and penalties imposed for violations of the Northeast Multispecies Fishery Management Plan shall be used by the Secretary pursuant to this section to enforce that Plan.
**(g) Enforcement in Pacific Insular Areas** The Secretary, in consultation with the Governors of the Pacific Insular Areas and the Western Pacific Council, shall to the extent practicable support cooperative enforcement agreements between Federal and Pacific Insular Area authorities.
**(h) Joint enforcement agreements**
(1) **In general** — The Governor of an eligible State may apply to the Secretary for execution of a joint enforcement agreement with the Secretary that will authorize the deputization and funding of State law enforcement officers with marine law enforcement responsibilities to perform duties of the Secretary relating to law enforcement provisions under this subchapter or any other marine resource law enforced by the Secretary. Upon receiving an application meeting the requirements of this subsection, the Secretary may enter into a joint enforcement agreement with the requesting State.
(2) **Eligible State** — A State is eligible to participate in the cooperative enforcement agreements under this section if it is in, or bordering on, the Atlantic Ocean (including the Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes.
(3) **Requirements** — Joint enforcement agreements executed under paragraph (1)—
(A) shall be consistent with the purposes and intent of this section to the extent applicable to the regulated activities;
(B) may include specifications for joint management responsibilities as provided by [section 1525 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1525&num=0&edition=prelim); and
(C) shall provide for confidentiality of data and information submitted to the State under [section 1881a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1881a&num=0&edition=prelim).
(4) **Allocation of funds** — The Secretary shall include in each joint enforcement agreement an allocation of funds to assist in management of the agreement. The allocation shall be fairly distributed among all eligible States participating in cooperative enforcement agreements under this subsection, based upon consideration of Federal marine enforcement needs, the specific marine conservation enforcement needs of each participating eligible State, and the capacity of the State to undertake the marine enforcement mission and assist with enforcement needs. The agreement may provide for amounts to be withheld by the Secretary for the cost of any technical or other assistance provided to the State by the Secretary under the agreement.
**(i) Improved data sharing**
(1) **In general** — Notwithstanding any other provision of this chapter, as soon as practicable but no later than 21 months after January 12, 2007, the Secretary shall implement data-sharing measures to make any data required to be provided by this chapter from satellite-based maritime distress and safety systems, vessel monitoring systems, or similar systems—
(A) directly accessible by State enforcement officers authorized under subsection (a) of this section; and
(B) available to a State management agency involved in, or affected by, management of a fishery if the State has entered into an agreement with the Secretary under [section 1881a(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1881a/b/1/B&num=0&edition=prelim).
(2) **Agreement required** — The Secretary shall promptly enter into an agreement with a State under [section 1881a(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1881a/b/1/B&num=0&edition=prelim) if—
(A) the Attorney General or highest ranking legal officer of the State provides a written opinion or certification that State law allows the State to maintain the confidentiality of information required by Federal law to be kept confidential; or
(B) the Secretary is provided other reasonable assurance that the State can and will protect the identity or business of any person to which such information relates.
**(j) Definitions** For purposes of this section—
(1) The term “provisions of this chapter” includes (A) any regulation or permit issued pursuant to this chapter, and (B) any provision of, or regulation issued pursuant to, any international fishery agreement under which foreign fishing is authorized by section 1821(b) or (c) of this title, or [section 1824(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1824/d&num=0&edition=prelim), with respect to fishing subject to the exclusive fishery management authority of the United States.
(2) The term “violation of any provision of this chapter” includes (A) the commission of any act prohibited by [section 1857 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1857&num=0&edition=prelim), and (B) the violation of any regulation, permit, or agreement referred to in paragraph (1).
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter:
**(a) Breed.—** The term “breed” means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction.
**(b)** The term “fish or wildlife” means any wild animal, whether alive or dead, including without limitation any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, whether or not bred, hatched, or born in captivity, and includes any part, product, egg, or offspring thereof.
**(c)** The term “import” means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.
**(d)** The term “Indian tribal law” means any regulation of, or other rule of conduct enforceable by, any Indian tribe, band, or group but only to the extent that the regulation or rule applies within Indian country as defined in [section 1151 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim).
**(e)** The terms “law,” “treaty,” “regulation,” and “Indian tribal law” mean laws, treaties, regulations or Indian tribal laws which regulate the taking, possession, importation, exportation, transportation, or sale of fish or wildlife or plants.
**(f)** The term “person” includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States.
**(g) Plant.—**
(1) **In general.—** — The terms “p
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall conduct such enforcement activities as are necessary and reasonable to carry out this chapter.
**(b) Powers of authorized officers** Any person who is authorized to enforce this chapter may—
(1) board, search, inspect, and seize any vessel suspected of being used to violate this chapter or any regulation or permit issued under this chapter and any equipment, stores, and cargo of such vessel;
(2) seize wherever found any sanctuary resource taken or retained in violation of this chapter or any regulation or permit issued under this chapter;
(3) seize any evidence of a violation of this chapter or of any regulation or permit issued under this chapter;
(4) execute any warrant or other process issued by any court of competent jurisdiction;
(5) exercise any other lawful authority; and
(6) arrest any person, if there is reasonable cause to believe that such person has committed an act prohibited by [section 1436(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1436/3&num=0&edition=prelim).
**(c) Criminal offenses**
(1) **Offenses** — A person is guilty of an offense under this subsection if the person commits any act prohibited by [section 1436(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1436/3&num=0&edition=prelim).
(2) **Punishment** — Any person that is guilty of an offense under this subsection—
(A) except as provided in subparagraph (B), shall be fined under title 18, imprisoned for not more than 6 months, or both; or
(B) in the case of a person who in the commission of such an offense uses a dangerous weapon, engages in conduct that causes bodily injury to any person authorized to enforce this chapter or any person authoriz
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter the term:
**(a)** “Convention” means the Convention between the United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, signed at Ottawa, Canada on March 2, 1953, as amended by the Protocol Amending the Convention, signed at Washington March 29, 1979, and includes the regulations promulgated thereunder.
**(b)** “Commission” means the International Pacific Halibut Commission provided for by article III of the Convention.
**(c)** “Fishery conservation zone” means the fishery conservation zone of the United States established by section 1811 11 See References in Text note below. of this title.
**(d)** “Convention waters” means the maritime areas off the west coast of the United States and Canada described in article I of the Convention.
**(e)** “Halibut” means fish of the species Hippoglossus stenolepis inhabiting Convention waters.
**(f)** “Fishing vessel” means—
(1) any vessel engaged in catching fish in Convention waters or in processing or transporting fish loaded in Convention waters;
(2) any vessel outfitted to engage in any activity described in paragraph (1); or
(3) any vessel in normal support of any vessel described in paragraph (1) or (2).
**(g)** “Secretary” means the Secretary of Commerce.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities.
(2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels.
(3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen.
(4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effectiv
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Collection programs**
(1) **Council requests** — If a Council determines that additional information would be beneficial for developing, implementing, or revising a fishery management plan or for determining whether a fishery is in need of management, the Council may request that the Secretary implement an information collection program for the fishery which would provide the types of information specified by the Council. The Secretary shall undertake such an information collection program if he determines that the need is justified, and shall promulgate regulations to implement the program within 60 days after such determination is made. If the Secretary determines that the need for an information collection program is not justified, the Secretary shall inform the Council of the reasons for such determination in writing. The determinations of the Secretary under this paragraph regarding a Council request shall be made within a reasonable period of time after receipt of that request.
(2) **Secretarial initiation** — If the Secretary determines that additional information is necessary for developing, implementing, revising, or monitoring a fishery management plan, or for determining whether a fishery is in need of management, the Secretary may, by regulation, implement an information collection or observer program requiring submission of such additional information for the fishery.
**(b) Confidentiality of information**
(1) Any information submitted to the Secretary, a State fishery management agency, or a marine fisheries commission by any person in compliance with the requirements of this chapter shall be confidential and shall not be disclosed except—
(A) to Federal employees and Council employees who are responsible for fishery management plan developmen
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Federal law — U.S. Code and appendices · legal_authorities
It is unlawful—
(1) for any person—
(A) to violate any provision of this chapter or any regulation or permit issued pursuant to this chapter;
(B) to use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, of an applicable permit issued pursuant to this chapter;
(C) to violate any provision of, or regulation under, an applicable governing international fishery agreement entered into pursuant to [section 1821(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1821/c&num=0&edition=prelim);
(D) to refuse to permit any officer authorized to enforce the provisions of this chapter (as provided for in [section 1861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861&num=0&edition=prelim)) to board a fishing vessel subject to such person’s control for purposes of conducting any search or inspection in connection with the enforcement of this chapter or any regulation, permit, or agreement referred to in subparagraph (A) or (C);
(E) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in subparagraph (D);
(F) to resist a lawful arrest for any act prohibited by this section;
(G) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this chapter or any regulation, permit, or agreement referred to in subparagraph (A) or (C);
(H) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section;
(I) to knowingly and
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Commerce is authorized, upon the request of any person, firm, organization, or others, public or private, to make special studies on matters within the authority of the Department of Commerce; to prepare from its records special compilations, lists, bulletins, or reports; to perform the functions authorized by [section 1152 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1152&num=0&edition=prelim); and to furnish transcripts or copies of its studies, compilations, and other records; upon the payment of the actual or estimated cost of such special work.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1081, Pub. L. 88–308, § 1, May 20, 1964, 78 Stat. 194; Pub. L. 90–427, July 26, 1968, 82 Stat. 445; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, dealt with prohibition against foreign fishing within the territorial waters of the United States and conditions under which exceptions to prohibition will be recognized. See sections 1821 to 1825 of this title.
Section 1082, Pub. L. 88–308, § 2, May 20, 1964, 78 Stat. 195; Pub. L. 91–514, § 1, Oct. 27, 1970, 84 Stat. 1296, covered violations and penalties, seizure, forfeiture, and condemnation of property belonging to anyone violating the provisions relating to the territorial waters of the United States. See sections 1857 to 1860 of this title.
Section 1083, Pub. L. 88–308, § 3, May 20, 1964, 78 Stat. 195; Pub. L. 90–578, title IV, § 402, Oct. 17, 1968, 82 Stat. 1118; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 91–514, § 2, Oct. 27, 1970, 84 Stat. 1297, related to enforcement responsibilities and joint responsibility of the Secretaries of Commerce, Treasury, and the department in which the Coast Guard is operating. See [section 1861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861&num=0&edition=prelim).
Section 1084, Pub. L. 88–308, § 4, May 20, 1964, 78 Stat. 196; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, covered authority of Secretaries of Commerce and Treasury to jointly or severally issue regulations under this chapter.
Section 1085, Pub. L. 88–308, § 5, May 20, 1964, 78 Stat. 196; Pub. L. 93–242, § 15, Jan. 2, 1974, 87 Stat. 1068, covered definitions of “Continental Shelf fishery resource”, “fisheries”, “Continental Shelf”, and authorized Secretary
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** After February 28, 1977, no foreign fishing is authorized within the exclusive economic zone, or for anadromous species or Continental Shelf fishery resources beyond the exclusive economic zone, unless such foreign fishing—
(1) is authorized under subsections (b) or (c) or [section 1824(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1824/e&num=0&edition=prelim), or under a permit issued under [section 1824(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1824/d&num=0&edition=prelim);
(2) is not prohibited under subsection (f); and
(3) is conducted under, and in accordance with, a valid and applicable permit issued pursuant to [section 1824 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1824&num=0&edition=prelim).
**(b) Existing international fishery agreements** Foreign fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (subject to the provisions of section 1822(b) or (c) of this title), if such agreement—
(1) was in effect on April 13, 1976; and
(2) has not expired, been renegotiated, or otherwise ceased to be of force and effect with respect to the United States.
**(c) Governing international fishery agreements** Foreign fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (other than a treaty) which meets the requirements of this subsection if such agreement becomes effective after application of [section 1823 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1823&num=0&edition=prelim). Any such international fishery agreement shall hereafter in this chapter be referred to
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1821
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.