16 U.S.C. § 6906 — Prohibited acts

Page 2666 TITLE 16—CONSERVATION § 6906 1 So in original. Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a)(1), (b), and (d), is Pub. L. 109–479, Jan. 12, 2007, 120 Stat. 3575, known as the Magnuson-Stevens Fishery Conservation and Man- agement Reauthorization Act of 2006. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 1801 of this title and Tables. 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. The Tuna Conventions Act, referred to in subsec. (b), probably means the Tuna Conventions Act of 1950, 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, referred to in subsec. (b), probably means the South Pacific Tuna Act of 1988, Pub. L. 100–330, June 7, 1988, 102 Stat. 591, which is clas- sified 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 section 973 of this title and Tables. The Atlantic Tunas Convention Act, referred to in subsec. (b), probably means the Atlantic Tunas Conven- tion Act of 1975, Pub. L. 94–70, Aug. 5, 1975, 89 Stat. 385, which is classified generally to chapter 16A (§ 971 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 971 of this title and Tables. AMENDMENTS 2015—Pub. L. 114–81 amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘The Sec- retary 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 all applicable terms and provisions of the Mag- nuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) were incorporated into and made a part of this chapter. Any person that violates any pro- vision of this chapter is subject to the penalties and en- titled to the privileges and immunities provided in the Magnuson-Stevens Fishery Conservation and Manage- ment Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of that Act were in- corporated into and made a part of this chapter.’’ § 6906. Prohibited acts (a) In general It is unlawful for any person— (1) to violate any provision of this chapter or any regulation or permit issued pursuant to this chapter; (2) to use any fishing vessel to engage in fishing after the revocation, or during the pe- riod of suspension, of an applicable permit issued pursuant to this chapter; (3) to refuse to permit any officer authorized to enforce the provisions of this chapter to board a fishing vessel subject to such person’s control for the purposes of conducting any search, investigation, or inspection in connec- tion with the enforcement of this chapter or any regulation, permit, or the Convention; (4) to forcibly assault, resist, oppose, im- pede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigations, or inspection in con- nection with the enforcement of this chapter or any regulation, permit, or the Convention; (5) to resist a lawful arrest for any act pro- hibited by this chapter; (6) to ship, transport, offer for sale, sell, pur- chase, import, export, or have custody, con- trol, or possession of, any fish taken or re- tained in violation of this chapter or any regu- lation, permit, or agreement 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 chapter 1 prohibited by this section; (8) to knowingly and willfully submit to the Secretary false information (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 op- timum yield of a fishery that will be harvested by fishery vessels of the United States), re- garding any matter that the Secretary is con- sidering in the course of carrying out this chapter; (9) to forcibly assault, resist, oppose, im- pede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel under this chapter, or any data collector employed by the National Marine Fisheries Service or under contract to any person to carry out re- sponsibilities under this chapter; (10) to engage in fishing in violation of any regulation adopted pursuant to section 6905(a) of this title; (11) to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or re- tained in violation of such regulations; (12) 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; (13) to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized of- ficial of the United States; (14) to import, in violation of any regulation adopted pursuant to section 6905(a) of this title, any fish in any form of those species sub- ject to regulation pursuant to a recommenda- tion, resolution, or decision of the Commis- sion, or any tuna in any form not under regu- lation but under investigation by the Commis- sion, during the period such fish have been de- nied entry in accordance with the provisions of section 6905(a) of this title. (b) Entry certification In the case of any fish described in subsection (a) offered for entry into the United States, the Secretary of Commerce shall require proof satis- factory to the Secretary that such fish is not in- eligible for such entry under the terms of sec- tion 6905(a) of this title. (Pub. L. 109–479, title V, § 507, Jan. 12, 2007, 120 Stat. 3641; Pub. L. 114–81, title I, § 105(2), Nov. 5, 2015, 129 Stat. 657.) Page 2667 TITLE 16—CONSERVATION § 6909 1 So in original. Probably should be capitalized. 2 So in original. Probably should be ‘‘than’’. 3 So in original. Probably should be followed by ‘‘to’’. Editorial Notes AMENDMENTS 2015—Subsec. (a)(2). Pub. L. 114–81 substituted ‘‘sus- pension, of’’ for ‘‘suspension, on’’. § 6907. Cooperation in carrying out convention (a) Federal and State agencies; private institu- tions and organizations The Secretary may cooperate with agencies of the United States government,1 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 WCPFC Con- vention, in carrying out responsibilities under this chapter. (b) Scientific and other programs; facilities and personnel All Federal agencies are authorized, upon the request of the Secretary, to cooperate in the conduct of scientific and other programs and to furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the WCPFC Convention. (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 WCPFC Convention. (d) State jurisdiction not affected Except as provided in subsection (e) of this section, nothing in this chapter shall be con- strued to diminish or to increase the jurisdic- tion of any State in the territorial sea of the United States. (e) Application of regulations (1) In general Regulations promulgated under section 6905(a) of this title shall apply within the boundaries of any State bordering on the Con- vention area if the Secretary has provided no- tice to such State, the State does not request an agency hearing, and the Secretary deter- mines that the State— (A) has not, within a reasonable period of time after the promulgation of regulations pursuant to this chapter, enacted laws or promulgated regulations that implement the recommendations of the Commission within the boundaries of such State; or (B) has enacted laws or promulgated regu- lations that implement the recommenda- tions of the commission within the bound- aries of such State that— (i) are less restrictive that 2 the regula- tions promulgated under section 6905(a) of this title; or (ii) are not effectively enforced. (2) Determination by Secretary The regulations promulgated pursuant to section 6905(a) of this title shall apply until the Secretary determines that the State is ef- fectively enforcing within its boundaries measures that are not less restrictive than the regulations promulgated under section 6905(a) of this title. (3) Hearing If a State requests a formal agency hearing, the Secretary shall not apply the regulations promulgated pursuant 3 section 6905(a) of this title within that State’s boundaries unless the hearing record supports a determination under paragraph (1)(A) or (B). (f) Review of State laws and regulations To ensure that the purposes of subsection (e) are carried out, the Secretary shall undertake a continuing review of the laws and regulations of all States to which subsection (e) applies or may apply and the extent to which such laws and reg- ulations are enforced. (Pub. L. 109–479, title V, § 508, Jan. 12, 2007, 120 Stat. 3642.) § 6908. Territorial participation The Secretary of State shall ensure participa- tion in the Commission and its subsidiary bodies by American Samoa, Guam, and the Northern Mariana Islands to the same extent provided to the territories of other nations. (Pub. L. 109–479, title V, § 509, Jan. 12, 2007, 120 Stat. 3643.) § 6909. Exclusive Economic Zone notification Masters of commercial fishing vessels of na- tions fishing for species under the management authority of the Western and Central Pacific Fisheries Convention that do not carry vessel monitoring systems capable of communicating with United States enforcement authorities shall, prior to, or as soon as reasonably possible after, entering and transiting the Exclusive Eco- nomic Zone seaward of Hawaii and of the Com- monwealths, territories, and possessions of the United States in the Pacific Ocean area— (1) notify the United States Coast Guard or the National Marine Fisheries Service Office of Law Enforcement in the appropriate region of the name, flag state, location, route, and destination of the vessel and of the cir- cumstances under which it will enter United States waters; (2) ensure that all fishing gear on board the vessel is stowed below deck or otherwise re- moved from the place where it is normally used for fishing and placed where it is not readily available for fishing; and (3) where requested by an enforcement offi- cer, proceed to a specified location so that a vessel inspection can be conducted. (Pub. L. 109–479, title V, § 510, Jan. 12, 2007, 120 Stat. 3643.)