16 U.S.C. § 1828 — Foreign fishing incursions

Page 2044 TITLE 16—CONSERVATION § 1827a (2) Section 308 of the Act of 1976 [16 U.S.C. 1858] (relating to civil penalties) applies to any act that is unlawful under paragraph (1), and for purposes of such application the commission of any such act shall be treated as an act the com- mission of which is unlawful under section 307 of the Act of 1976 [16 U.S.C. 1857]. (g) Regulations The Secretary shall issue such regulations as are necessary or appropriate to carry out this section. (Pub. L. 96–339, § 2, Sept. 4, 1980, 94 Stat. 1069; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; 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. (a)(1), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. Section 101 of the Act of 1976 [16 U.S.C. 1811], referred to in subsec. (b)(1)(A), which established the fishery conservation zone, was amended generally by Pub. L. 99–659, title I, § 101(b), Nov. 14, 1986, 100 Stat. 3706, and now relates to United States sovereign rights to fish and fishery management authority within the exclusive economic zone. CODIFICATION Section was not enacted as part of the Magnuson-Ste- vens Fishery Conservation and Management Act which comprises this chapter. AMENDMENTS 1996—Subsec. (a)(1). Pub. L. 104–208 substituted ‘‘Mag- nuson-Stevens Fishery’’ for ‘‘Magnuson Fishery’’. 1980—Subsec. (a)(1). Pub. L. 96–561 substituted ‘‘Mag- nuson Fishery Conservation and Management Act’’ for ‘‘Fishery Conservation and Management Act of 1976’’. 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 OF 1980 AMENDMENT Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that sec- tion is effective 15 days after Dec. 22, 1980. § 1827a. Prohibition on sale of billfish (a) Prohibition No person shall offer for sale, sell, or have cus- tody, control, or possession of for purposes of of- fering for sale or selling billfish or products con- taining billfish. (b) Penalty For purposes of section 1858(a) of this title, a violation of this section shall be treated as an act prohibited by section 1857 of this title. (c) Exemptions for traditional fisheries and mar- kets (1) Subsection (a) does not apply to billfish caught by US fishing vessels and landed and re- tained in the State of Hawaii or Pacific Insular Areas as defined in section 1802(35) of this title. (2) Subsection (a) does not apply to billfish landed by foreign fishing vessels in the Pacific Insular Areas when the foreign caught billfish is exported to non-US markets or retained within Hawaii and the Pacific Insular Areas for local consumption. (d) Billfish defined In this section the term ‘‘billfish’’— (1) means any fish of the species— (A) Makaira nigricans (blue marlin); (B) Kajikia audax (striped marlin); (C) Istiompax indica (black marlin); (D) Istiophorus platypterus (sailfish); (E) Tetrapturus angustirostris (shortbill spearfish); (F) Kajikia albida (white marlin); (G) Tetrapturus georgii (roundscale spear- fish); (H) Tetrapturus belone (Mediterranean spearfish); and (I) Tetrapturus pfluegeri (longbill spear- fish); and (2) does not include the species Xiphias gladius (swordfish). (Pub. L. 112–183, § 4, Oct. 5, 2012, 126 Stat. 1422; Pub. L. 115–228, § 1, Aug. 2, 2018, 132 Stat. 1628.) Editorial Notes CODIFICATION Section was enacted as part of the Billfish Conserva- tion Act of 2012 and not as part of the Magnuson-Ste- vens Fishery Conservation and Management Act which comprises this chapter. AMENDMENTS 2018—Subsec. (c)(1). Pub. L. 115–228 inserted ‘‘and re- tained’’ after ‘‘landed’’. Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 112–183, § 2, Oct. 5, 2012, 126 Stat. 1422, provided that: ‘‘Congress finds the following: ‘‘(1) The United States carefully regulates its do- mestic fisheries for billfish and participates in inter- national fishery management bodies in the Atlantic and Pacific. ‘‘(2) Global billfish populations have declined sig- nificantly, however, because of overfishing primarily through retention of bycatch by non-United States commercial fishing fleets. ‘‘(3) Ending the importation of foreign-caught bill- fish for sale in the United States aligns with U.S. management measures of billfish and protects the significant economic benefits to the U.S. economy of recreational fishing and marine commerce and the traditional cultural fisheries.’’ § 1828. Foreign fishing incursions (a) In general Not later than 180 days after July 11, 2006, the Secretary of the department in which the Coast Guard is operating shall provide to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on steps that the Coast Guard will take to significantly improve Page 2045 TITLE 16—CONSERVATION § 1851 the Coast Guard’s detection and interdiction of illegal incursions into the United States exclu- sive economic zone by foreign fishing vessels. (b) Specific issues to be addressed The report shall— (1) focus on areas in the exclusive economic zone where the Coast Guard has failed to de- tect or interdict such incursions in the 4-fis- cal-year period beginning with fiscal year 2000, including such areas in the Western/Central Pacific and the Bering Sea; and (2) include an evaluation of the potential use of unmanned aircraft and offshore platforms for detecting or interdicting such incursions. (c) Biennial updates The Secretary shall provide biannual reports updating the Coast Guard’s progress in detecting or interdicting such incursions to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (Pub. L. 109–241, title VIII, § 804, July 11, 2006, 120 Stat. 563.) Editorial Notes CODIFICATION Section was enacted as part of the Coast Guard and Maritime Transportation Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Man- agement Act which comprises this chapter. Statutory Notes and Related Subsidiaries COMBINATION OF FISHERIES ENFORCEMENT PLANS AND FOREIGN FISHING INCURSION REPORTS Pub. L. 111–207, § 4(b), July 27, 2010, 124 Stat. 2251, as amended by Pub. L. 113–281, title II, § 221(a)(5), Dec. 18, 2014, 128 Stat. 3037, provided that: ‘‘The Secretary of the department in which the Coast Guard is operating shall combine the reports required under section 224 of the Coast Guard and Maritime Transportation Act of 2004 (16 U.S.C. 1861b) and section 804 of the Coast Guard and Maritime Transportation Act of 2006 (16 U.S.C. 1828) into a single annual report for fiscal years beginning after fiscal year 2010. No report shall be required under this subsection, including that no report shall be re- quired under section 224 of the Coast Guard and Mari- time Transportation Act of 2004 or section 804 of the Coast Guard and Maritime Transportation Act of 2006, for fiscal years beginning after fiscal year 2014.’’ § 1829. International monitoring and compliance (a) In general The Secretary may undertake activities to promote improved monitoring and compliance for high seas fisheries, or fisheries governed by international fishery management agreements, and to implement the requirements of this sub- chapter. (b) Specific authorities In carrying out subsection (a), the Secretary may— (1) share information on harvesting and processing capacity and illegal, unreported and unregulated fishing on the high seas, in areas covered by international fishery man- agement agreements, and by vessels of other nations within the United States exclusive economic zone, with relevant law enforcement organizations of foreign nations and relevant international organizations; (2) further develop real time information sharing capabilities, particularly on har- vesting and processing capacity and illegal, unreported and unregulated fishing; (3) participate in global and regional efforts to build an international network for moni- toring, control, and surveillance of high seas fishing and fishing under regional or global agreements; (4) support efforts to create an international registry or database of fishing vessels, includ- ing by building on or enhancing registries de- veloped by international fishery management organizations; (5) enhance enforcement capabilities through the application of commercial or gov- ernmental remote sensing technology to lo- cate or identify vessels engaged in illegal, un- reported, or unregulated fishing on the high seas, including encroachments into the exclu- sive economic zone by fishing vessels of other nations; (6) provide technical or other assistance to developing countries to improve their moni- toring, control, and surveillance capabilities; and (7) support coordinated international efforts to ensure that all large-scale fishing vessels operating on the high seas are required by their flag State to be fitted with vessel moni- toring systems no later than December 31, 2008, or earlier if so decided by the relevant flag State or any relevant international fish- ery management organization. (Pub. L. 94–265, title II, § 207, as added Pub. L. 109–479, title IV, § 401, Jan. 12, 2007, 120 Stat. 3625.) SUBCHAPTER IV—NATIONAL FISHERY MANAGEMENT PROGRAM § 1851. National standards for fishery conserva- tion and management (a) In general Any fishery management plan prepared, and any regulation promulgated to implement any such plan, pursuant to this subchapter shall be consistent with the following national standards for fishery conservation and management: (1) Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry. (2) Conservation and management measures shall be based upon the best scientific infor- mation available. (3) To the extent practicable, an individual stock of fish shall be managed as a unit throughout its range, and interrelated stocks of fish shall be managed as a unit or in close coordination. (4) Conservation and management measures shall not discriminate between residents of different States. If it becomes necessary to al- locate or assign fishing privileges among var- ious United States fishermen, such allocation shall be (A) fair and equitable to all such fish-