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16 U.S.C. § 6905 — Enforcement

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

16 U.S.C. § 6905 — Enforcement

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Source location: Title 16, Chapter 88, § 6905; chapter-088-western-and-central-pacific-fisheries-convention.md

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**(a) In general** The Secretary may— (1) administer and enforce this chapter and any regulations issued under this chapter, except to the extent otherwise provided for in this Act; (2) request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in— (A) the administration and enforcement of this chapter; and (B) the conduct of scientific, research, and other programs under this chapter; (3) conduct fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary to implement the WCPFC Convention; (4) collect, utilize, and disclose such information as may be necessary to implement the WCPFC Convention, subject to sections 552 and 552a of title 5 and section 402(b) of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1881a(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1881a/b&num=0&edition=prelim)); (5) if recommended by the United States Commissioners or proposed by a Council with authority over the relevant fishery, assess and collect fees, not to exceed three percent of the ex-vessel value of fish harvested by vessels of the United States in fisheries managed pursuant to this chapter, to recover the actual costs to the United States of management and enforcement under this chapter, which shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Secretary under this chapter; and (6) issue permits to owners and operators of United States vessels to fish in the convention area seaward of the United States Exclusive Economic Zone, under such terms and conditions as the Secretary may prescribe, and shall remain valid for a period to be determined by the Secretary. **(b) Consistency with other laws** The Secretary shall ensure the consistency, to the extent practicable, of fishery management programs administered under this Act, 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 ([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 ([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), and the Atlantic Tunas Convention Act ([16 U.S.C. 971](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971&num=0&edition=prelim) [et seq.]). **(c) Additional prohibitions and enforcement** For additional prohibitions relating to this chapter and enforcement of this chapter, see [section 1826g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826g&num=0&edition=prelim). **(d) Confidentiality** (1) **In general** — Any information submitted to the Secretary in compliance with any requirement under this Act shall be confidential and shall not be disclosed, except— (A) to Federal employees who are responsible for administering, implementing, and enforcing this Act; (B) to the Commission, in accordance with requirements in the Convention and decisions of the Commission, and, insofar as possible, in accordance with an agreement with the Commission that prevents public disclosure of the identity or business of any person; (C) to State or Marine Fisheries Commission employees pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business or any person; (D) when required by court order; or (E) when the Secretary has obtained written authorization from the person submitting such information to release such information to persons for reasons not otherwise provided for in this subsection, and such release does not violate other requirements of this Act. (2) **Use of information** — The Secretary shall, by regulation, prescribe such procedures as may be necessary to preserve the confidentiality of information submitted in compliance with any requirement or regulation under this Act, except that the Secretary may release or make public any such information in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person. Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary of any information submitted in compliance with any requirement or regulation under this Act.

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

16 U.S.C. § 1826g — Enforcement

**(a) In general** The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce this Act, and the Acts to which this section applies, in accordance with this section. Each such Secretary 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, and of any State agency, in the performance of such duties. **(b) Acts to which section applies** This section applies to— (1) the Pacific Salmon Treaty Act of 1985 ([16 U.S.C. 3631](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3631&num=0&edition=prelim) et seq.); (2) the Dolphin Protection Consumer Information Act ([16 U.S.C. 1385](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1385&num=0&edition=prelim)); (3) 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.); (4) the North Pacific Anadromous Stocks Act of 1992 ([16 U.S.C. 5001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5001&num=0&edition=prelim) et seq.); (5) the Atlantic Tunas Convention Act of 1975 ([16 U.S.C. 971](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971&num=0&edition=prelim) et seq.); (6) the Northwest Atlantic Fisheries Convention Act of 1995 ([16 U.S.C. 5601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5601&num=0&edition=prelim) et seq.); (7) 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 s

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

16 U.S.C. § 1857 — Prohibited acts

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

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. § 971 — Definitions

For the purpose of this chapter— (1) The term “Convention” means the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966, including any amendments or protocols which are or become effective for the United States. (2) The term “Commission” means the International Commission for the Conservation of Atlantic Tunas provided for in article III of the Convention. (3) The term “conservation recommendation” means any recommendation of the Commission made pursuant to Article VIII of the Convention and acted upon favorably by the Secretary of State under [section 971c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971c/a&num=0&edition=prelim). (4) The term “Council” means the Council established within the International Commission for the Conservation of Atlantic Tunas pursuant to article V of the Convention. (5) The term “exclusive economic zone” means an exclusive economic zone as defined in [section 1802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802&num=0&edition=prelim). (6) The term “fishing” means the catching, taking, or fishing for or the attempted catching, taking, or fishing for any species of fish covered by the Convention, or any activities in support thereof. (7) The term “fishing vessel” means any vessel engaged in catching fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities. (8) The term “Panel” means any panel established by the Commission pursuant to article VI of the Convention. (9) The term “person” means every individual, partnership, corporation, and association subject to the jurisdiction of the United States. (10) The term “Secretary” means the S

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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

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1801

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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. § 1881a — Information collection

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1881a

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