16 U.S.C. § 7705 — Enforcement

Page 2709 TITLE 16—CONSERVATION § 7705 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. (d), 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. (d), 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. (d), is Pub. L. 102–567, Oct. 29, 1992, 106 Stat. 4270. For complete classification of this Act to the Code, see Ta- bles. The amendments made by Public Law 100–629, re- ferred to in subsec. (d), are the amendments made by Pub. L. 100–629, Nov. 7, 1988, 102 Stat. 3286, which amended section 1857 of this title and provisions set out as a note under section 883a of Title 33, Navigation and Navigable Waters. § 7705. Enforcement (a) In general The Secretary and the Secretary of the de- partment in which the Coast Guard is oper- ating— (1) shall administer and enforce this chapter and any regulations issued under this chapter; and (2) may request and utilize on a reimbursed or nonreimbursed basis the assistance, serv- ices, personnel, equipment, and facilities of other Federal departments and agencies in the administration and enforcement of this chap- ter. (b) Secretarial actions The Secretary and the Secretary of the de- partment in which the Coast Guard is operating shall prevent any person from violating this chapter with respect to fishing activities or the conservation of fisheries resources in the Con- vention Area 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, 1859, 1860, and 1861) were incorporated into and made a part of this chapter. Any person that violates this chapter is 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, by the same means, and with the same jurisdiction, power, and duties as though sections 308 through 311 of that Act (16 U.S.C. 1858, 1859, 1860, and 1861) were incorporated into and made a part of this chapter. (c) Jurisdiction of the courts (1) In general Subject to paragraphs (2) and (3), the district courts of the United States shall have jurisdic- tion over any case or controversy arising under this chapter, and any such court may at any time— (A) enter restraining orders or prohibi- tions; (B) issue warrants, process in rem, or other process; (C) prescribe and accept satisfactory bonds or other security; and (D) take such other actions as are in the interest of justice. (2) Hawaii and Pacific insular areas In the case of Hawaii or any possession of the United States in the Pacific Ocean, the ap- propriate 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 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 authorized by law. Any offense not com- mitted in any district is subject to the venue provisions of section 3238 of title 18. (d) Confidentiality (1) In general Any information submitted to the Secretary in compliance with any requirement under this chapter, and information submitted under any requirement of this chapter that may be necessary to implement the Convention, in- cluding information submitted before Decem- ber 16, 2016, shall be confidential and may not be disclosed, except— (A) to a Federal employee who is respon- sible for administering, implementing, or en- forcing this chapter; (B) to the Commission, in accordance with requirements in the North Pacific Fisheries Convention and decisions of the Commis- sion, and, insofar as possible, in accordance with an agreement with the Commission that prevents public disclosure of the iden- tity or business of any person; (C) to State, Council, or marine fisheries commission employees pursuant to an agree- ment with the Secretary that prevents pub- lic disclosure of the identity or business of any person; (D) when required by court order; or (E) when the Secretary has obtained writ- ten authorization from the person submit- ting such information to release such infor- mation to another person for a reason not otherwise provided for in this paragraph, and such release does not violate other require- ments of this chapter. (2) Use of information (A) In general Except as provided in subparagraph (B), the Secretary shall promulgate regulations regarding the procedures the Secretary con- siders necessary to preserve the confiden- tiality of information submitted under this chapter. Page 2710 TITLE 16—CONSERVATION § 7706 (B) Exception The Secretary may release or make public information submitted under this chapter if the information is in any aggregate or sum- mary form that does not directly or indi- rectly disclose the identity or business of any person. (3) Rule of construction Nothing in this subsection shall be inter- preted or construed to prevent the use for con- servation and management purposes by the Secretary of any information submitted under this chapter. (Pub. L. 114–327, title I, § 105, Dec. 16, 2016, 130 Stat. 1980.) 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. § 7706. Prohibited acts It is unlawful for any person— (1) to violate this chapter or any regulation or permit issued under this chapter; (2) to use any fishing vessel to engage in fishing activities without, or after the revoca- tion or during the period of suspension of, an applicable permit issued 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 search, investiga- tion, or inspection in connection with the en- forcement of this chapter or any regulation, permit, or the North Pacific Fisheries Conven- tion; (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, permit, or the North Pacific Fisheries Conven- tion; (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 fisheries 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 sec- tion; (8) to submit to the Secretary false informa- tion (including false information regarding the capacity and extent to which a United States fish processor, on an annual basis, will process a portion of the optimum yield of a fishery that will be harvested by fishing vessels of the United States), regarding any matter that the Secretary is considering in the course of car- rying out this chapter; (9) to assault, resist, oppose, impede, intimi- date, sexually harass, bribe, or interfere with any observer on a vessel under this chapter, or any data collector employed by or under con- tract to any person to carry out responsibil- ities under this chapter; (10) to engage in fishing activities in viola- tion of any regulation adopted pursuant to this chapter; (11) to fail to make, keep, or furnish any catch returns, statistical records, or other re- ports required by regulations adopted pursu- ant to this chapter to be made, kept, or fur- nished; (12) to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized of- ficial of the United States; (13) to import, in violation of any regulation adopted pursuant to this chapter, any fisheries resources in any form of those species subject to regulation pursuant to a recommendation, resolution, or decision of the Commission, or any fisheries resources in any form not under regulation but under investigation by the Commission, during the period such fisheries resources have been denied entry in accord- ance with this chapter; (14) to make or submit any false record, ac- count, or label for, or any false identification of, any fisheries 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 (15) 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 I, § 106, Dec. 16, 2016, 130 Stat. 1982.) § 7707. Cooperation in carrying out Convention (a) Federal and State agencies; private institu- tions and organizations The Secretary may cooperate with any Fed- eral agency, any public or private institution or organization within the United States or abroad, and, through the Secretary of State, a duly au- thorized official of the government of any party to the North Pacific Fisheries Convention, in carrying out responsibilities under this chapter. (b) Scientific and other programs; facilities and personnel Each Federal agency may, upon the request of the Secretary, cooperate in the conduct of sci- entific and other programs and furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the North Pacific Fisheries Convention. (c) Sanctioned fishing operations and biological experiments Nothing in this chapter, or in the laws of any State, prevents the Secretary or the Commis- sion from— (1) conducting or authorizing the conduct of fishing operations and biological experiments