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16 U.S.C. § 7805 — Enforcement

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

16 U.S.C. § 7805 — Enforcement

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Source location: Title 16, Chapter 97, § 7805; chapter-097-convention-on-the-conservation-and-management-of-high-seas-fishery-resources-in-the-south-pacific.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1858&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1858&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3238&num=0&edition=prelim).

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

16 U.S.C. § 1861 — Enforcement

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

16 U.S.C. § 1858 — Civil penalties and permit sanctions

**(a) Assessment of penalty** Any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim), to have committed an act prohibited by section 1857 or [section 1870 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1870&num=0&edition=prelim) shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $100,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require. In assessing such penalty the Secretary may also consider any information provided by the violator relating to the ability of the violator to pay, Provided, That the information is served on the Secretary at least 30 days prior to an administrative hearing. **(b) Review of civil penalty** Any person against whom a civil penalty is assessed under subsection (a) or against whom a permit sanction is imposed under subsection (g) (other than a permit suspension for nonpayment of penalty or fine) may obtain review thereof in the United States district court for the appropriate district by filing a complaint against the Secretary in such court within 30 days from the date of such order. The Secretary shall promptly file in such cou

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

18 U.S.C. § 3238 — Offenses not committed in any district

The trial of all offenses begun or committed upon the high seas, or elsewhere out of the jurisdiction of any particular State or district, shall be in the district in which the offender, or any one of two or more joint offenders, is arrested or is first brought; but if such offender or offenders are not so arrested or brought into any district, an indictment or information may be filed in the district of the last known residence of the offender or of any one of two or more joint offenders, or if no such residence is known the indictment or information may be filed in the District of Columbia.

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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. § 1858 — Civil penalties and permit sanctions

Page 2099 TITLE 16—CONSERVATION § 1858 this title were to take effect Mar. 1, 1977, prior to the general amendment of section 312 by Pub. L. 104–297, title I, § 116(a), Oct. 11, 1996, 110 Stat. 3600. See section 1861a of this title. SAVINGS CLAUSE Pub. L. 111–348, title I, § 103(b), Jan. 4, 2011, 124 Stat. 3670, provided that: ‘‘(1) IN GENERAL.—The amendments made by sub- section (a) [amending this section] do not apply to an individual engaged in commercial fishing for smooth dogfish (Mustelus canis) in that area of the waters of the United States located shoreward of a line drawn in such a manner that each point on it is 50 nautical miles from the baseline of a State from which the territorial sea is measured, if the individual holds a valid State commercial fishing license, unless the total weight of smooth dogfish fins landed or found on board a vessel to which this subsection applies exceeds 12 percent of the total weight of smooth dogfish carcasses landed or found on board. ‘‘(2) DEFINITIONS.—In this subsection: ‘‘(A) COMMERCIAL FISHING.—The term ‘commercial fishing’ has the meaning given that term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). ‘‘(B) STATE.—The term ‘State’ has the meaning given that term in section 803 of Public Law 103–206 (16 U.S.C. 5102).’’ CONSTRUCTION Nothing in section 103 of Pub. L. 111–348 (amending this section and enacting provisions set out as a note above) to be construed as affecting, altering, or dimin- ishing the authority of the Secretary of Commerce to establish such conservation and management measures as the Secretary considers necessary and appropriate under sections 1852(a)(3) and 1854(g) of this title, see section 104 of Pub. L. 111–348, set out

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

16 U.S.C. § 1861 — Enforcement

Page 2103 TITLE 16—CONSERVATION § 1861 1990—Subsec. (e). Pub. L. 101–627 designated existing provisions as par. (1) and added par. (2). 1986—Subsec. (c). Pub. L. 99–659, § 109(a)(1), amended second sentence generally. Prior to amendment, second sentence of subsec. (c) read as follows: ‘‘The provisions of the customs laws relating to— ‘‘(1) the disposition of forfeited property, ‘‘(2) the proceeds from the sale of forfeited prop- erty, ‘‘(3) the remission or mitigation of forfeitures, and ‘‘(4) the compromise of claims, shall apply to any forfeiture ordered, and to any case in which forfeiture is alleged to be authorized, under this section, unless such provisions are inconsistent with the purposes, policy, and provisions of this chap- ter.’’ Subsec. (d)(1). Pub. L. 99–659, § 109(a)(2), inserted pro- vision that nothing in this paragraph may be construed to require the Secretary, except in the Secretary’s dis- cretion or pursuant to the order of a court under sec- tion 1861(d) of this title, to release on bond any seized fish or other property or the proceeds from the sale thereof. 1983—Subsec. (a). Pub. L. 97–453 inserted ‘‘(or the fair market value thereof)’’ after ‘‘fish’’ wherever appear- ing. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Commissioner of U.S. Customs and Border Protec- tion’’ substituted for ‘‘Commissioner of Customs’’ in concluding provisions of subsec. (c) on authority of sec- tion 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security. EFFECTIVE DATE Section effective Mar. 1, 1977, see section 312 of Pub. L. 94–265, formerly set out as a note under section 1857 of this title. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the U

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

16 U.S.C. § 7805 — Enforcement

Page 2714 TITLE 16—CONSERVATION § 7805 tion on the Conservation and Management of High Seas Fishery Resources in the South Pa- cific 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 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 At- mospheric 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 ac- cordance 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 peti- tion 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 para

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