16 U.S.C. § 5505 — Unlawful activities

Page 2547 TITLE 16—CONSERVATION § 5505 EFFECTIVE DATE Section effective 120 days after Nov. 3, 1995, see sec- tion 111 of Pub. L. 104–43, set out as a note under sec- tion 5501 of this title. § 5504. Responsibilities of Secretary (a) Record The Secretary shall maintain an automated file or record of high seas fishing vessels issued permits under section 5503 of this title, includ- ing all information submitted under section 5503(c)(2) of this title. (b) Information to FAO The Secretary, in cooperation with the Sec- retary of State and the Secretary of the depart- ment in which the Coast Guard is operating, shall— (1) make available to FAO information con- tained in the record maintained under sub- section (a); (2) promptly notify FAO of changes in such information; (3) promptly notify FAO of additions to or deletions from the record, and the reason for any deletion; (4) convey to FAO information relating to any permit granted under section 5503(b)(3) of this title, including the vessel’s identity, owner or operator, and factors relevant to the Secretary’s determination to issue the permit; (5) report promptly to FAO all relevant in- formation regarding any activities of high seas fishing vessels that undermine the effec- tiveness of international conservation and management measures, including the identity of the vessels and any sanctions imposed; and (6) provide the FAO a summary of evidence regarding any activities of foreign vessels that undermine the effectiveness of international conservation and management measures. (c) Information to flag nations If the Secretary, in cooperation with the Sec- retary of State and the Secretary of the depart- ment in which the Coast Guard is operating, has reasonable grounds to believe that a foreign ves- sel has engaged in activities undermining the ef- fectiveness of international conservation and management measures, the Secretary shall— (1) provide to the flag nation information, including appropriate evidentiary material, relating to those activities; and (2) when such foreign vessel is voluntarily in a United States port, promptly notify the flag nation and, if requested by the flag nation, make arrangements to undertake such lawful investigatory measures as may be considered necessary to establish whether the vessel has been used contrary to the provisions of the Agreement. (d) Regulations The Secretary, after consultation with the Secretary of State and the Secretary of the de- partment in which the Coast Guard is operating, may promulgate such regulations, in accordance with section 553 of title 5, as may be necessary to carry out the purposes of the Agreement and this chapter. The Secretary shall coordinate such regulations with any other entities regu- lating high seas fishing vessels, in order to mini- mize duplication of permit application and re- porting requirements. To the extent practicable, such regulations shall also be consistent with regulations implementing fishery management plans under the Magnuson-Stevens Fishery Con- servation and Management Act (16 U.S.C. 1801 et seq.). (e) Notice of international conservation and management measures The Secretary, in consultation with the Sec- retary of State, shall publish in the Federal Register, from time to time, a notice listing international conservation and management measures recognized by the United States. (Pub. L. 104–43, title I, § 105, Nov. 3, 1995, 109 Stat. 370; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (d), 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. AMENDMENTS 1996—Subsec. (d). Pub. L. 104–208 substituted ‘‘Magnu- son-Stevens Fishery’’ for ‘‘Magnuson Fishery’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. EFFECTIVE DATE Section effective 120 days after Nov. 3, 1995, see sec- tion 111 of Pub. L. 104–43, set out as a note under sec- tion 5501 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 5505. Unlawful activities It is unlawful for any person subject to the ju- risdiction of the United States— (1) to use a high seas fishing vessel on the high seas in contravention of international conservation and management measures de- scribed in section 5504(e) of this title; (2) to use a high seas fishing vessel on the high seas, unless the vessel has on board a valid permit issued under section 5503 of this title; (3) to use a high seas fishing vessel in viola- tion of the conditions or restrictions of a per- mit issued under section 5503 of this title; Page 2548 TITLE 16—CONSERVATION § 5506 (4) to falsify any information required to be reported, communicated, or recorded pursuant to this chapter or any regulation issued under this chapter, or to fail to submit in a timely fashion any required information, or to fail to report to the Secretary immediately any change in circumstances that has the effect of rendering any such information false, incom- plete, or misleading; (5) to refuse to permit an authorized officer to board a high seas fishing vessel subject to such person’s control for purposes of con- ducting any search or inspection in connection with the enforcement of this chapter or any regulation issued under this chapter; (6) to forcibly assault, resist, oppose, im- pede, intimidate, or interfere with an author- ized officer in the conduct of any search or in- spection described in paragraph (5); (7) to resist a lawful arrest or detention for any act prohibited by this section; (8) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detec- tion of another person, knowing that such per- son has committed any act prohibited by this section; (9) to ship, transport, offer for sale, sell, pur- chase, import, export, or have custody, con- trol, or possession of, any living marine re- source taken or retained in violation of this chapter or any regulation or permit issued under this chapter; or (10) to violate any provision of this chapter or any regulation or permit issued under this chapter. (Pub. L. 104–43, title I, § 106, Nov. 3, 1995, 109 Stat. 371.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 120 days after Nov. 3, 1995, see sec- tion 111 of Pub. L. 104–43, set out as a note under sec- tion 5501 of this title. § 5506. Enforcement provisions (a) Duties of Secretaries This chapter shall be enforced by the Sec- retary of Commerce and the Secretary of the de- partment in which the Coast Guard is operating. Such Secretaries may by agreement utilize, on a reimbursable basis or otherwise, the personnel, services, equipment (including aircraft and ves- sels), and facilities of any other Federal agency, or of any State agency, in the performance of such duties. Such Secretaries shall, and the head of any Federal or State agency that has en- tered into an agreement with either such Sec- retary under this section may (if the agreement so provides), authorize officers to enforce the provisions of this chapter or any regulation or permit issued under this chapter. (b) District court jurisdiction The district courts of the United States shall have exclusive jurisdiction over any case or con- troversy arising under the provisions of this chapter. In the case of Guam, and any Common- wealth, territory, or possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Guam, except that in the case of American Samoa, the appropriate court is the United States District Court for the District of Hawaii. (c) Powers of enforcement officers (1) Any officer who is authorized under sub- section (a) to enforce the provisions of this chapter may— (A) with or without a warrant or other proc- ess— (i) arrest any person, if the officer has rea- sonable cause to believe that such person has committed an act prohibited by para- graph (6), (7), (8), or (9) of section 5505 of this title; (ii) board, and search or inspect, any high seas fishing vessel; (iii) seize any high seas fishing vessel (to- gether with its fishing gear, furniture, ap- purtenances, stores, and cargo) used or em- ployed in, or with respect to which it reason- ably appears that such vessel was used or employed in, the violation of any provision of this chapter or any regulation or permit issued under this chapter; (iv) seize any living marine resource (wherever found) taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by sec- tion 5505 of this title; (v) seize any other evidence related to any violation of any provision of this chapter or any regulation or permit issued under this chapter; (B) execute any warrant or other process issued by any court of competent jurisdiction; and (C) exercise any other lawful authority. (2) Subject to the direction of the Secretary, a person charged with law enforcement respon- sibilities by the Secretary who is performing a duty related to enforcement of a law regarding fisheries or other marine resources may make an arrest without a warrant for an offense against the United States committed in his presence, or for a felony cognizable under the laws of the United States, if he has reasonable grounds to believe that the person to be arrested has committed or is committing a felony. (d) Issuance of citations If any authorized officer finds that a high seas fishing vessel is operating or has been operated in violation of any provision of this chapter, such officer may issue a citation to the owner or operator of such vessel in lieu of proceeding under subsection (c). If a permit has been issued pursuant to this chapter for such vessel, such of- ficer shall note the issuance of any citation under this subsection, including the date thereof and the reason therefor, on the permit. The Sec- retary shall maintain a record of all citations issued pursuant to this subsection. (e) Liability for costs Any person assessed a civil penalty for, or con- victed of, any violation of this chapter shall be liable for the cost incurred in storage, care, and maintenance of any living marine resource or other property seized in connection with the violation.