16 U.S.C. § 1826g | Enforcement

(a)

In general

The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce this Act, and the Acts to which this section applies, in accordance with this section. Each such Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel services, equipment (including aircraft 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)

16 U.S.C. 3631 the Pacific Salmon Treaty Act of 1985 ( et seq.);

(2)

16 U.S.C. 1385 the Dolphin Protection Consumer Information Act ();

(3)

16 U.S.C. 951 the Tuna Conventions Act of 1950 ( et seq.);

(4)

16 U.S.C. 5001 the North Pacific Anadromous Stocks Act of 1992 ( et seq.);

(5)

16 U.S.C. 971 the Atlantic Tunas Convention Act of 1975 ( et seq.);

(6)

16 U.S.C. 5601 the Northwest Atlantic Fisheries Convention Act of 1995 ( et seq.);

(7)

16 U.S.C. 6901 the Western and Central Pacific Fisheries Convention Implementation Act ( 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

16 U.S.C. 1858The 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 ( 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 appropriations and in the course of carrying out the Secretary’s responsibilities under the Acts to which this section applies, engage in international cooperation to help other nations combat illegal, unreported, and unregulated fishing and achieve sustainable fisheries.

(d)

Special rules

(1)

Additional enforcement authority

16 U.S.C. 1861In addition to the powers of officers authorized 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 provisions 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 () were incorporated into and made a part of each such Act.

(2)

Disclosure of enforcement information

(A)

In general

16 U.S.C. 1881a 16 U.S.C. 1801 16 U.S.C. 71 16 U.S.C. 6901The Secretary, subject to the data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (), may disclose, as necessary and appropriate, information, including information collected under joint authority of the Magnuson-Stevens Fishery Conservation and Management Act ( et seq.) and the Atlantic Tunas Convention Act of 1975 ( et seq.) or the Western and Central Pacific Fisheries Convention Implementation Act ( et seq.) or other statutes implementing international fishery agreements, to any other Federal or State government agency, the Food and Agriculture Organization of the United Nations, the secretariat or equivalent of an international fishery management organization or arrangement made pursuant to an international fishery agreement, or a foreign government, if—

(i)

such government, organization, or arrangement 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 international 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 arrangement to which the United States is a party;

(IV)

to assist in any investigative, judicial, or administrative enforcement proceeding in the United States; or

(V)

1 So in original.

to assist in any law enforcement action undertaken by a law enforcement agency of a foreign government, or in relation 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 Nation’s  Food and Agriculture Organization 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 enforcement actions with respect to illegal, unreported, and unregulated fishing.

(B)

Data confidentiality provisions not applicable

16 U.S.C. 1881aThe data confidentiality provisions of section 402 of the Magnuson-Stevens Fishery Conservation and Management Act () shall not apply with respect to this Act with respect to—

(i)

¹ any obligation of the United States to share information under a regional fisheries management organization (as that term is defined by the United Nation’s  Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) of which the United States is a member; or

(ii)

any information collected by the Secretary regarding foreign vessels.

(e)

Prohibited acts

It is unlawful for any person—

(1)

to violate any provision of this Act or any regulation or permit issued pursuant to this Act;

(2)

to refuse to permit any officer authorized to enforce the provisions of this Act to board, search, or inspect a vessel, subject to such person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this Act, any regulation promulgated under this Act, or any Act to which this section applies;

(3)

to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection described in paragraph (2);

(4)

to resist a lawful arrest for any act prohibited by this section or any Act to which this section applies;

(5)

to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing that such person has committed any act prohibited by this section or any Act to which this section applies; or

(6)

to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with—

(A)

any observer on a vessel under this Act or any Act to which this section applies; or

(B)

any data collector employed by the National Marine Fisheries Service or under contract to any person to carry out responsibilities under this Act or any Act to which this section applies.

(f)

Civil penalty

16 U.S.C. 1858Any person who commits any act that is unlawful under subsection (e) shall be liable to the United States for a civil penalty, and may be subject to a permit sanction, under section 308 of the Magnuson-Stevens Fishery Conservation and Management Act ().

(g)

Criminal penalty

16 U.S.C. 1859(b)Any person who commits an act that is unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is deemed to be guilty of an offense punishable under section 309(b) of the Magnuson-Stevens Fishery Conservation and Management Act ().

(h)

Utilization of Federal agency assets

The President shall utilize appropriate assets of the Department of Defense, the United States Coast Guard, and other Federal agencies to detect, monitor, and prevent violations of the United Nations moratorium on large-scale driftnet fishing on the high seas for all fisheries under the jurisdiction of the United States and, in the case of fisheries not under the jurisdiction of the United States, to the fullest extent permitted under international law.

Pub. L. 104–43, title VI, § 606Nov. 3, 1995109 Stat. 392 Pub. L. 114–81, title I, § 101(a)(1)Nov. 5, 2015129 Stat. 650 Pub. L. 114–327, title IV, § 401(a)Dec. 16, 2016130 Stat. 1994(, , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 104–43Nov. 3, 1995109 Stat. 391 section 1801 of this titleThis Act, referred to in subsecs. (a), (c)(1), (d)(2)(B), and (e)(1), (2), and (6), probably means title VI of , , , known as the High Seas Driftnet Fishing Moratorium Protection Act, which is classified generally to sections 1826d to 1826k of this title. For complete classification of title VI to the Code, see Short Title of 1995 Amendment note set out under and Tables.

Pub. L. 99–5Mar. 15, 198599 Stat. 7 section 3631 of this titleThe Pacific Salmon Treaty Act of 1985, referred to in subsec. (b)(1), is , , , which is classified generally to chapter 56A (§ 3631 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 101–627, title IX, § 901Nov. 28, 1990104 Stat. 4465 section 1385 of this titleThe Dolphin Protection Consumer Information Act, referred to in subsec. (b)(2), is , , , which is classified to . For complete classification of this Act to the Code, see Tables.

act Sept. 7, 1950, ch. 907 64 Stat. 777 section 951 of this titleThe Tuna Conventions Act of 1950, referred to in subsec. (b)(3), is , , 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 and Tables.

Pub. L. 102–567, title VIIIOct. 29, 1992106 Stat. 4309 section 5001 of this titleThe North Pacific Anadromous Stocks Act of 1992, referred to in subsec. (b)(4), is , , , which is classified generally to chapter 70 (§ 5001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 94–70Aug. 5, 197589 Stat. 385 section 971 of this titleThe Atlantic Tunas Convention Act of 1975, referred to in subsecs. (b)(5) and (d)(2)(A), is , , , 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 and Tables.

Pub. L. 104–43, title IINov. 3, 1995109 Stat. 377 section 5601 of this titleThe Northwest Atlantic Fisheries Convention Act of 1995, referred to in subsec. (b)(6), is , , , which is classified generally to chapter 76 (§ 5601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 109–479, title VJan. 12, 2007120 Stat. 3635 section 6901 of this titleThe Western and Central Pacific Fisheries Convention Implementation Act, referred to in subsecs. (b)(7) and (d)(2)(A), is , , , 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 and Tables.

Pub. L. 114–81, title IINov. 5, 2015129 Stat. 660 section 951 of this titleThe Antigua Convention Implementing Act of 2015, referred to in subsec. (b)(8), is , , . For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under and Tables.

Pub. L. 114–327Dec. 16, 2016130 Stat. 1974 section 7701 of this titleThe Ensuring Access to Pacific Fisheries Act, referred to in subsec. (b)(9), is , , . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 94–265Apr. 13, 197690 Stat. 331 section 1801 of this titleThe Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (d)(2)(A), is , , , 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 and Tables.

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 Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.

Amendments

Pub. L. 114–3272016—Subsec. (b)(9). added par. (9).

Pub. L. 114–812015— designated existing provisions as subsec. (h), inserted heading, and added subsecs. (a) to (g).

Statutory Notes and Related Subsidiaries

Transfer of Functions

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating 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 Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .