Collapse to view only § 7804. Responsibility of the Secretary and rulemaking authority
- § 7801. Definitions
- § 7802. Appointment or designation of United States Commissioners
- § 7803. Authority and responsibility of the Secretary of State
- § 7804. Responsibility of the Secretary and rulemaking authority
- § 7805. Enforcement
- § 7806. Prohibited acts.
- § 7807. Cooperation in carrying out the Convention
- § 7808. Territorial participation
- § 7809. Exclusive economic zone notification
- § 7810. Authorization of appropriations
§ 7801. DefinitionsIn this chapter:
(1) 1982 Convention
(2) Commission
(3) Convention Area
(4) Council
(5) Exclusive economic zoneThe term “exclusive economic zone” means—
(A) with respect to the United States, the zone established by Presidential Proclamation Numbered 5030 of March 10, 1983 (16 U.S.C. 1453 note); and
(B) with respect to a foreign country, a designated zone similar to the zone referred to in subparagraph (A) for that country, consistent with international law.
(6) Fishery resourcesThe term “fishery resources” means all fish, mollusks, crustaceans, and other marine species, and any products thereof, caught by a fishing vessel within the Convention Area, but excluding—
(A) sedentary species insofar as they are subject to the national jurisdiction of coastal States pursuant to Article 77 paragraph 4 of the 1982 Convention;
(B) highly migratory species listed in Annex I of the 1982 Convention;
(C) anadromous and catadromous species; and
(D) marine mammals, marine reptiles and sea birds.
(7) FishingThe term “fishing”—
(A) except as provided in subparagraph (B), means—
(i) the actual or attempted searching for, catching, taking, or harvesting of fishery resources;
(ii) engaging in any activity that can reasonably be expected to result in the locating, catching, taking or harvesting of fishery resources for any purpose;
(iii) transshipment and any operation at sea, in support of, or in preparation for, any activity described in this subparagraph; and
(iv) the use of any vessel, vehicle, aircraft, or hovercraft in relation to any activity described in this subparagraph; and
(B) does not include any operation related to emergencies involving the health and safety of crew members or the safety of a fishing vessel.
(8) Fishing vessel
(9) Person
(10) Secretary
(11) South Pacific Fishery Resources Convention
(12) State
(Pub. L. 114–327, title II, § 201, Dec. 16, 2016, 130 Stat. 1985.)
§ 7802. Appointment or designation of United States Commissioners
(a) Appointment
(1) In general
(2) RepresentationAt least 1 of the Commissioners shall be—
(A) serving at the pleasure of the President, an officer or employee of—
(i) the Department of Commerce;
(ii) the Department of State; or
(iii) the Coast Guard; and
(B) the chairperson or designee of the Council.
(b) Alternate Commissioners
(c) Administrative matters
(1) Employment status
(2) Compensation
(3) Travel expenses
(A) In general
(B) Reimbursement
(d) Advisory Committee
(1) Establishment of permanent Advisory Committee
(A) MembershipThere is established an advisory committee which shall be composed of 7 members appointed by the Secretary as follows:
(i) A member engaging in commercial fishing in the management area of the Council.
(ii) Two members from the indigenous population of the Pacific, including a Native Hawaiian and a native-born inhabitant of any State in the Pacific.
(iii) A member that is a marine fisheries scientist and a member of the Council’s Scientific and Statistical Committee.
(iv) A member representing a non-governmental organization active in fishery issues in the Pacific.
(v) A member nominated by the Governor of the State of Hawaii.
(vi) A member designated by the Council.
(B) Terms and privileges
(C) Procedures
(i) In general
(ii) Public availability of procedures
(iii) Quorum
(iv) Public meetings
(v) Cost savings
(D) Provision of information
(2) Administrative matters
(A) Support services
(B) Compensation; status; expensesAn individual appointed to serve as a member of the Advisory Committee—
(i) shall serve without pay; and
(ii) shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28.
(Pub. L. 114–327, title II, § 202, Dec. 16, 2016, 130 Stat. 1987.)
§ 7803. Authority and responsibility of the Secretary of State
The Secretary of State may—
(1) receive and transmit, on behalf of the United States, reports, requests, recommendations, proposals, decisions, and other communications 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 decisions of the Commission.
(Pub. L. 114–327, title II, § 203, Dec. 16, 2016, 130 Stat. 1989.)
§ 7804. Responsibility of the Secretary and rulemaking authority
(a) Responsibilities
The Secretary may—
(1) administer this chapter and any regulations issued under this chapter, except to the extent otherwise provided for in this chapter;
(2) issue permits to vessels subject to the jurisdiction of the United States, and to owners and operators of such vessels, to fish in the Convention Area, under such terms and conditions 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 fisheries 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 functions of the Secretary under this chapter.
(b) Promulgation of regulations
(1) In general
(2) Applicability
(c) Consistency with other laws
(d) Judicial review of regulations
(1) In general
(2) Responses
(3) Copies of administrative record
(4) Expedited hearings
(Pub. L. 114–327, title II, § 204, Dec. 16, 2016, 130 Stat. 1989.)
§ 7805. Enforcement
(a) Responsibility
(b) Administration and enforcement
(c) District court jurisdiction
(1) In general
(2) Hawaii and Pacific insular areas
Notwithstanding subsection (b), for the purpose of this section, for Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District 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
(B) in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands.
(3) Construction
(Pub. L. 114–327, title II, § 205, Dec. 16, 2016, 130 Stat. 1990.)
§ 7806. Prohibited acts.
It is unlawful for any person—
(1) to violate any provision of this chapter or of any regulation promulgated or permit issued under this chapter;
(2) to use any fishing vessel to engage in fishing without a valid permit or after the revocation, or during the period of suspension, of an applicable permit pursuant to this chapter;
(3) to refuse to permit any officer authorized to enforce this chapter to board a fishing vessel subject to such person’s control for the purposes of conducting any investigation or inspection in connection with the enforcement of this chapter;
(4) to assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection in connection with the enforcement of this chapter or any regulation promulgated or permit issued under this chapter;
(5) to resist a lawful arrest for any act prohibited by this chapter or any regulation promulgated or permit issued under this chapter;
(6) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fishery resources taken or retained in violation of this chapter or any regulation or permit referred to in paragraph (1) or (2);
(7) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this chapter;
(8) to submit to the Secretary false information, regarding any matter that the Secretary is considering in the course of carrying out this chapter;
(9) to assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel pursuant to the requirements of this chapter, or any data collector employed by the National Oceanic and Atmospheric Administration or under contract to any person to carry out responsibilities under this chapter;
(10) to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this chapter to be made, kept, or furnished;
(11) to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the United States;
(12) to import, in violation of any regulation promulgated under this chapter, any fishery resources in any form of those species subject to regulation pursuant to a decision of the Commission;
(13) to make or submit any false record, account, or label for, or any false identification of, any fishery resources that have been or are intended to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce; or
(14) to refuse to authorize and accept boarding by a duly authorized inspector pursuant to procedures adopted by the Commission for the boarding and inspection of fishing vessels in the Convention Area.
(Pub. L. 114–327, title II, § 206, Dec. 16, 2016, 130 Stat. 1991.)
§ 7807. Cooperation in carrying out the Convention
(a) Federal and State agencies; private institutions and organizations
(b) Scientific and other programs; facilities and personnel
(c) Sanctioned fishing operations and biological experiments
Nothing in this chapter, or in the laws or regulations 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 investigation; or
(2) discharging any other duties prescribed by the South Pacific Fishery Resources Convention.
(d) State jurisdiction not affected
(Pub. L. 114–327, title II, § 207, Dec. 16, 2016, 130 Stat. 1992.)
§ 7808. Territorial participation
The Secretary of State shall ensure participation in the Commission and its subsidiary bodies by American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands to the extent allowed under United States law.
(Pub. L. 114–327, title II, § 208, Dec. 16, 2016, 130 Stat. 1992.)
§ 7809. Exclusive economic zone notification
Masters of commercial fishing vessels of countries fishing under the management authority of the South Pacific Fisheries Convention that do not carry vessel monitoring systems capable of communicating with United States enforcement authorities shall, before or as soon as reasonably possible after, entering and transiting the exclusive economic zone bounded by the Convention Area, ensure that all fishing gear on board the vessel is stowed below deck or otherwise removed from the place it is normally used for fishing activities and placed where it is not readily available for fishing activities.
(Pub. L. 114–327, title II, § 209, Dec. 16, 2016, 130 Stat. 1993.)
§ 7810. Authorization of appropriations
(a) In general
(b) International cooperation and assistance
(1) In general
(2) Transfer of funds
(Pub. L. 114–327, title II, § 210, Dec. 16, 2016, 130 Stat. 1993.)