16 U.S.C. § 1826f — Certification

Page 2033 TITLE 16—CONSERVATION § 1826f means a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of two and one-half kilometers or more is placed in the water and allowed to drift with the currents and winds for the purpose of en- tangling fish in the webbing. (B) Exception Until January 1, 1994, the term ‘‘large- scale driftnet fishing’’ does not include the use in the northeast Atlantic Ocean of gillnets with a total length not to exceed five kilometers if the use is in accordance with regulations adopted by the European Community pursuant to the October 28, 1991, decision by the Council of Fisheries Min- isters of the Community. (3) Large-scale driftnet fishing vessel The term ‘‘large-scale driftnet fishing ves- sel’’ means any vessel which is— (A) used for, equipped to be used for, or of a type which is normally used for large-scale driftnet fishing; or (B) used for aiding or assisting one or more vessels at sea in the performance of large- scale driftnet fishing, including preparation, supply, storage, refrigeration, transpor- tation, or processing. (Pub. L. 102–582, title I, § 104, Nov. 2, 1992, 106 Stat. 4903.) Editorial Notes REFERENCES IN TEXT Sections 1826a to 1826c of this title, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 102–582, Nov. 2, 1992, 106 Stat. 4901, which en- acted sections 1826a to 1826c of this title and amended section 1371 of this title. For complete classification of title I to the Code, see Tables. CODIFICATION Section was enacted as part of the High Seas Driftnet Fisheries Enforcement Act, and not as part of the Mag- nuson-Stevens Fishery Conservation and Management Act which comprises this chapter. § 1826d. Prohibition The United States, or any agency or official acting on behalf of the United States, may not enter into any international agreement with re- spect to the conservation and management of living marine resources or the use of the high seas by fishing vessels that would prevent full implementation of the global moratorium on large-scale driftnet fishing on the high seas, as such moratorium is expressed in Resolution 46/ 215 of the United Nations General Assembly. (Pub. L. 104–43, title VI, § 603, Nov. 3, 1995, 109 Stat. 392.) Editorial Notes CODIFICATION Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnu- son-Stevens Fishery Conservation and Management Act which comprises this chapter. Statutory Notes and Related Subsidiaries CONGRESSIONAL FINDINGS Pub. L. 104–43, title VI, § 602, Nov. 3, 1995, 109 Stat. 391, provided that: ‘‘The Congress finds that— ‘‘(1) Congress has enacted and the President has signed into law numerous Acts to control or prohibit large-scale driftnet fishing both within the jurisdic- tion of the United States and beyond the exclusive economic zone of any nation, including the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 (title IV, Public Law 100–220) [16 U.S.C. 1822 note], the Driftnet Act Amendments of 1990 (Public Law 101–627) [16 U.S.C. 1826], and the High Seas Driftnet Fisheries Enforcement Act (title I, Public Law 102–582) [see Short Title of 1992 Amendment note set out under section 1801 of this title]; ‘‘(2) the United States is a party to the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, also known as the Wellington Con- vention; ‘‘(3) the General Assembly of the United Nations has adopted three resolutions and three decisions which established and reaffirm a global moratorium on large-scale driftnet fishing on the high seas, begin- ning with Resolution 44/225 in 1989 and most recently in Decision 48/445 in 1993; ‘‘(4) the General Assembly of the United Nations adopted these resolutions and decisions at the re- quest of the United States and other concerned na- tions; ‘‘(5) the best scientific information demonstrates the wastefulness and potentially destructive impacts of large-scale driftnet fishing on living marine re- sources and seabirds; and ‘‘(6) Resolution 46/215 of the United Nations General Assembly calls on all nations, both individually and collectively, to prevent large-scale driftnet fishing on the high seas.’’ § 1826e. Negotiations The Secretary of State, on behalf of the United States, shall seek to enhance the imple- mentation and effectiveness of the United Na- tions General Assembly resolutions and deci- sions regarding the moratorium on large-scale driftnet fishing on the high seas through appro- priate international agreements and organiza- tions. (Pub. L. 104–43, title VI, § 604, Nov. 3, 1995, 109 Stat. 392.) Editorial Notes CODIFICATION Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnu- son-Stevens Fishery Conservation and Management Act which comprises this chapter. § 1826f. Certification The Secretary of State shall determine in writing prior to the signing or provisional appli- cation by the United States of any international agreement with respect to the conservation and management of living marine resources or the use of the high seas by fishing vessels that the prohibition contained in section 1826d of this title will not be violated if such agreement is signed or provisionally applied. (Pub. L. 104–43, title VI, § 605, Nov. 3, 1995, 109 Stat. 392.) Page 2034 TITLE 16—CONSERVATION § 1826g 1 So in original. Editorial Notes CODIFICATION Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnu- son-Stevens Fishery Conservation and Management Act which comprises this chapter. § 1826g. Enforcement (a) In general The Secretary and the Secretary of the de- partment in which the Coast Guard is operating shall enforce this Act, and the Acts to which this section applies, in accordance with this sec- tion. Each such Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel services, equipment (including air- craft 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 et seq.); (2) the Dolphin Protection Consumer Infor- mation Act (16 U.S.C. 1385); (3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.); (4) the North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5001 et seq.); (5) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.); (6) the Northwest Atlantic Fisheries Conven- tion Act of 1995 (16 U.S.C. 5601 et seq.); (7) the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.); (8) the Antigua Convention Implementing Act of 2015; and (9) the Ensuring Access to Pacific Fisheries Act. (c) Administration and enforcement (1) In general The Secretary shall prevent any person from violating this Act, or any Act to which this section applies, 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 and applicable to this Act and each such Act. (2) International cooperation The Secretary may, subject to appropria- tions and in the course of carrying out the Secretary’s responsibilities under the Acts to which this section applies, engage in inter- national cooperation to help other nations combat illegal, unreported, and unregulated fishing and achieve sustainable fisheries. (d) Special rules (1) Additional enforcement authority In addition to the powers of officers author- ized pursuant to subsection (c), any officer who is authorized by the Secretary, or the head of any Federal or State agency that has entered into an agreement with the Secretary under subsection (a), may enforce the provi- sions of any Act to which this section applies, 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 each such Act. (2) Disclosure of enforcement information (A) In general The Secretary, subject to the data con- fidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a), may dis- close, as necessary and appropriate, informa- tion, including information collected under joint authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.) or the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.) or other statutes im- plementing international fishery agree- ments, to any other Federal or State govern- ment agency, the Food and Agriculture Or- ganization of the United Nations, the secre- tariat or equivalent of an international fish- ery management organization or arrange- ment made pursuant to an international fishery agreement, or a foreign government, if— (i) such government, organization, or ar- rangement has policies and procedures to protect such information from unintended or unauthorized disclosure; and (ii) such disclosure is necessary— (I) to ensure compliance with any law or regulation enforced or administered by the Secretary; (II) to administer or enforce any inter- national fishery agreement to which the United States is a party; (III) to administer or enforce a binding conservation measure adopted by any international organization or arrange- ment to which the United States is a party; (IV) to assist in any investigative, ju- dicial, or administrative enforcement proceeding in the United States; or (V) to assist in any law enforcement action undertaken by a law enforcement agency of a foreign government, or in re- lation to a legal proceeding undertaken by a foreign government to the extent the enforcement action is consistent with rules and regulations of a regional fisheries management organization (as that term is defined by the United Na- tion’s 1 Food and Agriculture Organiza- tion Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) of which the United States is a member, or the Secretary has determined that the enforcement action is consistent with the requirements under Federal law for