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 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 pe- tition under this subsection, the appropriate court shall assign the matter for hearing at the earliest possible date. (Pub. L. 114–327, title II, § 204, Dec. 16, 2016, 130 Stat. 1989.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (c), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. The Tuna Conventions Act of 1950, referred to in sub- sec. (c), is act Sept. 7, 1950, ch. 907, 64 Stat. 777, which is classified generally to chapter 16 (§ 951 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 951 of this title and Tables. The South Pacific Tuna Act of 1988, referred to in subsec. (c), is Pub. L. 100–330, June 7, 1988, 102 Stat. 591, which is classified generally to chapter 16C (§ 973 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 973 of this title and Tables. The Western and Central Pacific Fisheries Conven- tion Implementation Act, referred to in subsec. (c), is title V of Pub. L. 109–479, Jan. 12, 2007, 120 Stat. 3635, which is classified generally to chapter 88 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. The National Oceanic and Atmospheric Administra- tion Authorization Act of 1992, referred to in subsec. (c), is Pub. L. 102–567, Oct. 29, 1992, 106 Stat. 4270. For complete classification of this Act to the Code, see Ta- bles. § 7805. Enforcement (a) Responsibility This chapter, and any regulations or permits issued under this chapter, shall be enforced by the Secretary and the Secretary of the depart- ment in which the Coast Guard is operating. Such Secretaries shall, and the head of any Fed- eral or State agency that has entered into an agreement with either such Secretary under this section may (if the agreement so provides), au- thorize officers to enforce this chapter or any regulation promulgated under this chapter. Any officer so authorized may enforce this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though section 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861) were incorporated into and made a part of this chapter. (b) Administration and enforcement The Secretary and the Secretary of the de- partment in which the Coast Guard is operating shall prevent any person from violating this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of this chapter. Any person that violates this chap- ter shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) in the same manner and by the same means as though sections 308 through 311 of that Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of this chapter. (c) District court jurisdiction (1) In general The district courts of the United States shall have jurisdiction over any actions aris- ing under this section. (2) Hawaii and Pacific insular areas Notwithstanding subsection (b), for the pur- pose of this section, for Hawaii or any posses- sion of the United States in the Pacific Ocean, the appropriate court is the United States Dis- trict 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 Page 2715 TITLE 16—CONSERVATION § 7807 (B) in the case of the Northern Mariana Is- lands, 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 com- mitted not only in the district where the vio- lation first occurred, but also in any other dis- trict as authorized by law. Any offenses not committed in any district are subject to the venue provisions of section 3238 of title 18. (Pub. L. 114–327, title II, § 205, Dec. 16, 2016, 130 Stat. 1990.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. § 7806. Prohibited acts. It is unlawful for any person— (1) to violate any provision of this chapter or of any regulation promulgated or permit issued under this chapter; (2) to use any fishing vessel to engage in fishing without a valid permit or after the rev- ocation, or during the period of suspension, of an applicable permit pursuant to this chapter; (3) to refuse to permit any officer authorized to enforce this chapter to board a fishing ves- sel subject to such person’s control for the purposes of conducting any investigation or inspection in connection with the enforcement of this chapter; (4) to assault, resist, oppose, impede, intimi- date, or interfere with any such authorized of- ficer in the conduct of any search, investiga- tion, or inspection in connection with the en- forcement of this chapter or any regulation promulgated or permit issued under this chap- ter; (5) to resist a lawful arrest for any act pro- hibited by this chapter or any regulation pro- mulgated or permit issued under this chapter; (6) to ship, transport, offer for sale, sell, pur- chase, import, export, or have custody, con- trol, or possession of, any fishery resources taken or retained in violation of this chapter or any regulation or permit referred to in paragraph (1) or (2); (7) to interfere with, delay, or prevent, by any means, the apprehension or arrest of an- other person, knowing that such other person has committed any act prohibited by this chapter; (8) to submit to the Secretary false informa- tion, regarding any matter that the Secretary is considering in the course of carrying out this chapter; (9) to assault, resist, oppose, impede, intimi- date, sexually harass, bribe, or interfere with any observer on a vessel pursuant to the re- quirements of this chapter, or any data col- lector employed by the National Oceanic and Atmospheric Administration or under con- tract to any person to carry out responsibil- ities under this chapter; (10) to fail to make, keep, or furnish any catch returns, statistical records, or other re- ports as are required by regulations adopted pursuant to this chapter to be made, kept, or furnished; (11) to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized of- ficial of the United States; (12) to import, in violation of any regulation promulgated under this chapter, any fishery resources in any form of those species subject to regulation pursuant to a decision of the Commission; (13) to make or submit any false record, ac- count, or label for, or any false identification of, any fishery resources that have been or are intended to be imported, exported, trans- ported, sold, offered for sale, purchased, or re- ceived in interstate or foreign commerce; or (14) to refuse to authorize and accept board- ing by a duly authorized inspector pursuant to procedures adopted by the Commission for the boarding and inspection of fishing vessels in the Convention Area. (Pub. L. 114–327, title II, § 206, Dec. 16, 2016, 130 Stat. 1991.) § 7807. Cooperation in carrying out the Conven- tion (a) Federal and State agencies; private institu- tions and organizations The Secretary may cooperate with agencies of the United States Government, any public or private institutions or organizations within the United States or abroad, and, through the Sec- retary of State, the duly authorized officials of the government of any party to the South Pa- cific Fishery Resources Convention, in carrying out responsibilities under this chapter. (b) Scientific and other programs; facilities and personnel All Federal agencies may, upon the request of the Secretary, cooperate in the conduct of sci- entific and other programs and to furnish facili- ties and personnel for the purpose of assisting the Commission in carrying out its duties under the South Pacific Fishery Resources Conven- tion. (c) Sanctioned fishing operations and biological experiments Nothing in this chapter, or in the laws or regu- lations of any State, prevents the Secretary or the Commission from— (1) conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific inves- tigation; or (2) discharging any other duties prescribed by the South Pacific Fishery Resources Con- vention. (d) State jurisdiction not affected Nothing in this chapter shall be construed to diminish or to increase the jurisdiction of any State in the territorial sea of the United States.