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16 U.S.C. § 7804 — Responsibility of the Secretary and rulemaking authority

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 7804 — Responsibility of the Secretary and rulemaking authority

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Source location: Title 16, Chapter 97, § 7804; chapter-097-convention-on-the-conservation-and-management-of-high-seas-fishery-resources-in-the-south-pacific.md

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**(a) Responsibilities** 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) Promulgation of regulations** (1) **In general** — 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) **Applicability** — 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) Consistency with other laws** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.), the Tuna Conventions Act of 1950 ([16 U.S.C. 951](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section951&num=0&edition=prelim) et seq.), the South Pacific Tuna Act of 1988 ([16 U.S.C. 973](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section973&num=0&edition=prelim) et seq.), section 401 of Public Law 108–219 ([16 U.S.C. 1821](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1821&num=0&edition=prelim) note) (relating to Pacific albacore tuna), the Western and Central Pacific Fisheries Convention Implementation Act ([16 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6901&num=0&edition=prelim) 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) Judicial review of regulations** (1) **In general** — 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) **Responses** — 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) **Copies of administrative record** — 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) **Expedited hearings** — 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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1821 — Foreign fishing

**(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

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6901 — Definitions

In this chapter: (1) **1982 Convention** — The term “1982 Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982. (2) **Agreement** — The term “Agreement” means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. (3) **Commission** — The term “Commission” means the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean established in accordance with this Convention. (4) **Convention area** — The term “convention area” means all waters of the Pacific Ocean bounded to the south and to the east by the following line: From the south coast of Australia due south along the 141th meridian of east longitude to its intersection with the 55th parallel of south latitude; thence due east along the 55th parallel of south latitude to its intersection with the 150th meridian of east longitude; thence due south along the 150th meridian of east longitude to its intersection with the 60th parallel of south latitude; thence due east along the 60th parallel of south latitude to its intersection with the 130th meridian of west longitude; thence due north along the 130th meridian of west longitude to its intersection with the 4th parallel of south latitude; thence due west along the 4th parallel of south latitude to its intersection with the 150th meridian of west longitude; thence due north along the 150th meridian of west longitude. (5) **Exclusive economic zone** — The term “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030 of March 10, 1983. (6) **Fishing** — T

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 973 — Definitions

As used in this chapter— (1) The term “Administrator” means the individual or organization designated by the Pacific Island Parties to act on their behalf under the Treaty and notified to the United States Government. (2) The term “Authorized Officer” means any officer who is authorized by the Secretary, or 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 enforcement agreement with the Secretary under [section 973h(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section973h/a&num=0&edition=prelim). (3) The term “Authorized Party Officer” means any officer authorized by a Pacific Island Party to enforce the provisions of the Treaty. (4) The term “applicable national law” means any provision of law of a Pacific Island Party which is noticed and in effect in accordance with the Treaty. (5) The term “Closed Area” means any area within the jurisdiction of a Pacific Island Party that is closed to vessels pursuant to a national law of that Pacific Island Party and is noticed and in effect in accordance with the Treaty. (6) The term “fishing” means— (A) searching for, catching, taking, or harvesting fish; (B) attempting to search for, catch, take, or harvest fish; (C) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking, or harvesting of fish for any purpose; (D) placing, searching for, or recovering fish aggregating devices or associated electronic equipment such as radio beacons; (E) any operations at sea directly in support of, or in preparation for, any activity described in this paragraph; or (F) use of any other vessel, vehicle, aircraft, or hovercraft for any activi

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1801 — Findings, purposes and policy

**(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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16 U.S.C. § 951 — Definitions

In this chapter: (1) **Antigua Convention** — The term “Antigua Convention” means the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention Between the United States of America and the Republic of Costa Rica, signed at Washington, November 14, 2003. (2) **Commission** — The term “Commission” means the Inter-American Tropical Tuna Commission provided for by the Convention. (3) **Convention** — The term “Convention” means— (A) the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington, May 31, 1949, by the United States of America and the Republic of Costa Rica; (B) the Antigua Convention, upon its entry into force for the United States, and any amendments thereto that are in force for the United States; or (C) both such Conventions, as the context requires. (4) **Person** — The term “person” means an individual, partnership, corporation, or association subject to the jurisdiction of the United States. (5) **United States** — The term “United States” includes all areas under the sovereignty of the United States. (6) **United States Commissioners** — The term “United States commissioners” 11 So in original. Probably should be capitalized. means the individuals appointed in accordance with [section 952(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section952/a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1801 — Findings, purposes and policy

Page 1991 TITLE 16—CONSERVATION § 1801 Sec. 1826k. Equivalent conservation measures. 1827. Observer program regarding certain foreign fishing. 1827a. Prohibition on sale of billfish. 1828. Foreign fishing incursions. 1829. International monitoring and compliance. SUBCHAPTER IV—NATIONAL FISHERY MANAGEMENT PROGRAM 1851. National standards for fishery conservation and management. 1852. Regional Fishery Management Councils. 1853. Contents of fishery management plans. 1853a. Limited access privilege programs. 1854. Action by Secretary. 1855. Other requirements and authority. 1856. State jurisdiction. 1857. Prohibited acts. 1858. Civil penalties and permit sanctions. 1859. Criminal offenses. 1860. Civil forfeitures. 1861. Enforcement. 1861a. Transition to sustainable fisheries. 1861b. Fisheries enforcement plans and reporting. 1862. North Pacific fisheries conservation. 1863. Northwest Atlantic Ocean Fisheries Reinvest- ment Program. 1864. Repealed. 1865. Bycatch reduction engineering program. 1866. Shark feeding. 1867. Cooperative research and management pro- gram. 1868. Herring study. 1869. Restoration study. SUBCHAPTER V—FISHERY MONITORING AND RESEARCH 1881. Registration and information management. 1881a. Information collection. 1881b. Observers. 1881c. Fisheries research. 1881d. Incidental harvest research. 1882. Fisheries systems research. 1883. Gulf of Mexico red snapper research. 1884. Deep sea coral research and technology pro- gram. 1885. Seafood import monitoring program. 1885a. Report on Seafood Import Monitoring Pro- gram. SUBCHAPTER VI—MISCELLANEOUS 1891. Investment in United States seafood proc- essing facilities. 1891a. Community-based restoration program for fishery and coast

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1821 — Foreign fishing

Page 2006 TITLE 16—CONSERVATION § 1813 1996—Pub. L. 104–297 substituted ‘‘shall promote the achievement of optimum yield’’ for ‘‘promoting the ob- jective of optimum utilization’’. 1990—Pub. L. 101–627 amended section generally. Prior to amendment, section read as follows: ‘‘The sovereign rights and exclusive fishery management authority as- serted by the United States under section 1811 of this title over fish do not include, and may not be construed to extend to, highly migratory species of fish.’’ 1986—Pub. L. 99–659 amended section generally. Prior to amendment, section read as follows: ‘‘The United States shall exercise exclusive fishery management au- thority, in the manner provided for in this chapter, over the following: ‘‘(1) All fish within the fishery conservation zone. ‘‘(2) All anadromous species throughout the migra- tory range of each such species beyond the fishery conservation zone; except that such management au- thority shall not extend to such species during the time they are found within any foreign nation’s terri- torial sea or fishery conservation zone (or the equiva- lent), to the extent that such sea or zone is recog- nized by the United States. ‘‘(3) All Continental Shelf fishery resources beyond the fishery conservation zone.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–627, title I, § 103(c), Nov. 28, 1990, 104 Stat. 4439, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on January 1, 1992.’’ § 1813. Omitted Editorial Notes CODIFICATION Section, Pub. L. 94–265, title I, § 103, Apr. 13, 1976, 90 Stat. 336, which related to exclusion of highly migra- tory species of fish from exclusive fishery management authority, was omitted in the

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6901 — Definitions

Page 2661 TITLE 16—CONSERVATION § 6901 able on the website of the Department of the In- terior, the Forest Service, and the Corps of En- gineers, as applicable, geographic information system data with respect to the following: (1) Status information with respect to whether roads and trails on the Federal land are open or closed. (2) The dates on which roads and trails on the Federal land are seasonally closed. (3) The classes of vehicles and types of rec- reational uses that are allowed on each seg- ment of roads and trails on the Federal land, including the permissibility of— (A) off-highway vehicles; (B) motorcycles; (C) nonmotorized bicycles; (D) electric bicycles; (E) passenger vehicles; (F) nonmechanized transportation; and (G) over-snow vehicles. (4) The boundaries of areas where hunting or recreational shooting (including archery, fire- arm discharge, and target shooting) is regu- lated or closed on the Federal land. (b) Updates (1) In general The Secretaries, to the maximum extent practicable, shall update the data described in subsection (a) not less frequently than twice per year. (2) Public comment The Secretaries shall develop a process to allow members of the public to submit ques- tions or comments regarding the information described in subsection (a). (c) Effect Geographic information system data made publicly available under subsection (a) shall not disclose information regarding the nature, loca- tion, character, or ownership of historic, paleon- tological, or archaeological resources, con- sistent with applicable law. (Pub. L. 117–114, § 5, Apr. 29, 2022, 136 Stat. 1176; Pub. L. 118–234, title III, § 354(2), Jan. 4, 2025, 138 Stat. 2917.) Editorial Notes AMENDMENTS 2025—Subsec. (a)(4). Pub. L. 118–234 substituted ‘‘reg

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 7804 — Responsibility of the Secretary and rule-

Page 2713 TITLE 16—CONSERVATION § 7804 1 See References in Text note below. The Advisory Committee may attend each meeting and may examine and be heard on all proposed programs, investigations, re- ports, recommendations, and regulations of the Commissioners. (C) Procedures (i) In general The Advisory Committee shall deter- mine its organization and prescribe its practices and procedures for carrying out its functions under this chapter, the South Pacific Fisheries Convention, and the Mag- nuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (ii) Public availability of procedures The Advisory Committee shall publish and make available to the public a state- ment of its organization, practices, and procedures. (iii) Quorum A majority of the members of the Advi- sory Committee shall constitute a quorum to conduct business. (iv) Public meetings Meetings of the Advisory Committee, ex- cept when in executive session, shall be open to the public. Prior notice of each non-executive meeting shall be made pub- lic in a timely fashion. The Advisory Com- mittee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).1 (v) Cost savings In order to reduce the cost of Advisory Committee meetings, the Advisory Com- mittee shall, to the extent practicable, utilize teleconferences and webinars for that purpose. (D) Provision of information The Secretary and the Secretary of State shall furnish the Advisory Committee with relevant information concerning fishery re- sources and international fishery agree- ments. (2) Administrative matters (A) Support services The Secretary shall provide to the Advi- sory Committee in a timely manner such ad- ministrative and technical support services as are necessary to fu

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 951 — Definitions

Page 1563 TITLE 16—CONSERVATION § 952 1 So in original. Probably should be capitalized. (Pub. L. 102–440, title II, § 203, Oct. 23, 1992, 106 Stat. 2233.) § 943b. Definitions In this chapter— (1) ‘‘Secretary’’ means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (2) ‘‘Great Lakes fish and wildlife’’ means fauna, fish, and invertebrates dependent on Great Lakes resources, and located within the Great Lakes Basin. (Pub. L. 102–440, title II, § 204, Oct. 23, 1992, 106 Stat. 2233.) § 943c. Authorization of appropriations There is authorized to be appropriated to the Secretary, $250,000 for each of fiscal years 1993 and 1994 to carry out this chapter. (Pub. L. 102–440, title II, § 205, Oct. 23, 1992, 106 Stat. 2234.) CHAPTER 16—TUNA CONVENTIONS Sec. 951. Definitions. 952. Commissioners. 953. General Advisory Committee and Scientific Advisory Subcommittee. 954. Repealed. 955. Rulemaking. 956. Inspection of returns, records, or other re- ports. 957. Violations; fines and forfeitures; application of related laws. 958. Cooperation with other agencies. 959. Enforcement. 960. Commissions’ functions not restrained by this chapter or State laws. 961. Authorization of appropriations. 962. Reduction of bycatch in eastern tropical Pa- cific Ocean. § 951. Definitions In this chapter: (1) Antigua Convention The term ‘‘Antigua Convention’’ means the Convention for the Strengthening of the Inter- American Tropical Tuna Commission Estab- lished by the 1949 Convention Between the United States of America and the Republic of Costa Rica, signed at Washington, November 14, 2003. (2) Commission The term ‘‘Commission’’ means the Inter- American Tropical Tuna Commission provided for

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