16 U.S.C. § 7804 — Responsibility of the Secretary and rule-

Page 2713 TITLE 16—CONSERVATION § 7804 1 See References in Text note below. The Advisory Committee may attend each meeting and may examine and be heard on all proposed programs, investigations, re- ports, recommendations, and regulations of the Commissioners. (C) Procedures (i) In general The Advisory Committee shall deter- mine its organization and prescribe its practices and procedures for carrying out its functions under this chapter, the South Pacific Fisheries Convention, and the Mag- nuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (ii) Public availability of procedures The Advisory Committee shall publish and make available to the public a state- ment of its organization, practices, and procedures. (iii) Quorum A majority of the members of the Advi- sory Committee shall constitute a quorum to conduct business. (iv) Public meetings Meetings of the Advisory Committee, ex- cept when in executive session, shall be open to the public. Prior notice of each non-executive meeting shall be made pub- lic in a timely fashion. The Advisory Com- mittee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).1 (v) Cost savings In order to reduce the cost of Advisory Committee meetings, the Advisory Com- mittee shall, to the extent practicable, utilize teleconferences and webinars for that purpose. (D) Provision of information The Secretary and the Secretary of State shall furnish the Advisory Committee with relevant information concerning fishery re- sources and international fishery agree- ments. (2) Administrative matters (A) Support services The Secretary shall provide to the Advi- sory Committee in a timely manner such ad- ministrative and technical support services as are necessary to function effectively. (B) Compensation; status; expenses An individual appointed to serve as a member of the Advisory Committee— (i) shall serve without pay; and (ii) shall not be considered a Federal em- ployee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chap- ter 171 of title 28. (Pub. L. 114–327, title II, § 202, Dec. 16, 2016, 130 Stat. 1987.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (d)(1)(C)(i), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classi- fied 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 Federal Advisory Committee Act, referred to in subsec. (d)(1)(C)(iv), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was sub- stantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. § 7803. Authority and responsibility of the Sec- retary of State The Secretary of State may— (1) receive and transmit, on behalf of the United States, reports, requests, recommenda- tions, proposals, decisions, and other commu- nications of and to the Commission; (2) in consultation with the Secretary, act upon, or refer to other appropriate authority, any communication pursuant to paragraph (1); and (3) with the concurrence of the Secretary, and in accordance with the South Pacific Fishery Resources Convention, object to deci- sions of the Commission. (Pub. L. 114–327, title II, § 203, Dec. 16, 2016, 130 Stat. 1989.) § 7804. Responsibility of the Secretary and rule- making authority (a) Responsibilities The Secretary may— (1) administer this chapter and any regula- tions issued under this chapter, except to the extent otherwise provided for in this chapter; (2) issue permits to vessels subject to the ju- risdiction of the United States, and to owners and operators of such vessels, to fish in the Convention Area, under such terms and condi- tions as the Secretary may prescribe; and (3) if recommended by the United States Commissioners, assess and collect fees, not to exceed 3 percent of the ex-vessel value of fish- eries resources harvested by vessels of the United States in fisheries conducted in the Convention Area, to recover the actual costs to the United States to carry out the func- tions of the Secretary under this chapter. (b) Promulgation of regulations (1) In general The Secretary, in consultation with the Sec- retary of State and the Secretary of the de- partment in which the Coast Guard is oper- ating, may promulgate such regulations as may be necessary and appropriate to carry out the international obligations of the United States under the South Pacific Fishery Re- sources Convention and this chapter, includ- ing decisions adopted by the Commission. (2) Applicability Regulations promulgated under this sub- section shall be applicable only to a person or fishing vessel that is or has engaged in fishing, and fishery resources covered by the Conven- Page 2714 TITLE 16—CONSERVATION § 7805 tion on the Conservation and Management of High Seas Fishery Resources in the South Pa- cific Ocean under this chapter. (c) Consistency with other laws The Secretary shall ensure the consistency, to the extent practicable, of fishery management programs administered under this chapter, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.), the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.), section 401 of Public Law 108–219 (16 U.S.C. 1821 note) (relating to Pacific albacore tuna), the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), the National Oceanic and At- mospheric Administration Authorization Act of 1992 (Public Law 102–567) and the amendments made by that Act, and Public Law 100–629 (102 Stat. 3286). (d) Judicial review of regulations (1) In general Regulations promulgated by the Secretary under this chapter shall be subject to judicial review to the extent authorized by, and in ac- cordance with, chapter 7 of title 5 if a petition for such review is filed not later than 30 days after the date on which the regulations are promulgated or the action is published in the Federal Register, as applicable. (2) Responses Notwithstanding any other provision of law, the Secretary shall file a response to any peti- tion filed in accordance with paragraph (1) not later than 30 days after the date the Secretary is served with that petition, except that the appropriate court may extend the period for filing such a response upon a showing by the Secretary of good cause for that extension. (3) Copies of administrative record A response of the Secretary under paragraph (2) shall include a copy of the administrative record for the regulations that are the subject of the petition. (4) Expedited hearings Upon a motion by the person who files a pe- tition under this subsection, the appropriate court shall assign the matter for hearing at the earliest possible date. (Pub. L. 114–327, title II, § 204, Dec. 16, 2016, 130 Stat. 1989.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (c), 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 of 1950, referred to in sub- sec. (c), is 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 of 1988, referred to in subsec. (c), 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. (c), 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. (c), is Pub. L. 102–567, Oct. 29, 1992, 106 Stat. 4270. For complete classification of this Act to the Code, see Ta- bles. § 7805. Enforcement (a) Responsibility This chapter, and any regulations or permits issued under this chapter, shall be enforced by the Secretary and the Secretary of the depart- ment in which the Coast Guard is operating. Such Secretaries shall, and the head of any Fed- eral or State agency that has entered into an agreement with either such Secretary under this section may (if the agreement so provides), au- thorize officers to enforce this chapter or any regulation promulgated under this chapter. Any officer so authorized may enforce this chapter in the same manner, by the same means, and 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 this chapter. (b) Administration and enforcement The Secretary and the Secretary of the de- partment in which the Coast Guard is operating 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 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 this chapter. Any person that violates this chap- ter shall be 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 and by the same means as though sections 308 through 311 of that Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of this chapter. (c) District court jurisdiction (1) In general The district courts of the United States shall have jurisdiction over any actions aris- ing under this section. (2) Hawaii and Pacific insular areas Notwithstanding subsection (b), for the pur- pose of this section, for Hawaii or any posses- sion of the United States in the Pacific Ocean, the appropriate court is the United States Dis- trict 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