§ 5504. — Responsibilities of Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5504]
TITLE 16--CONSERVATION
CHAPTER 75--HIGH SEAS FISHING COMPLIANCE
Sec. 5504. Responsibilities of Secretary
(a) Record
The Secretary shall maintain an automated file or record of high
seas fishing vessels issued permits under section 5503 of this title,
including all information submitted under section 5503(c)(2) of this
title.
(b) Information to FAO
The Secretary, in cooperation with the Secretary of State and the
Secretary of the department in which the Coast Guard is operating,
shall--
(1) make available to FAO information contained in the record
maintained under subsection (a) of this section;
(2) promptly notify FAO of changes in such information;
(3) promptly notify FAO of additions to or deletions from the
record, and the reason for any deletion;
(4) convey to FAO information relating to any permit granted
under section 5503(b)(3) of this title, including the vessel's
identity, owner or operator, and factors relevant to the Secretary's
determination to issue the permit;
(5) report promptly to FAO all relevant information regarding
any activities of high seas fishing vessels that undermine the
effectiveness of international conservation and management measures,
including the identity of the vessels and any sanctions imposed; and
(6) provide the FAO a summary of evidence regarding any
activities of foreign vessels that undermine the effectiveness of
international conservation and management measures.
(c) Information to flag nations
If the Secretary, in cooperation with the Secretary of State and the
Secretary of the department in which the Coast Guard is operating, has
reasonable grounds to believe that a foreign vessel has engaged in
activities undermining the effectiveness of international conservation
and management measures, the Secretary shall--
(1) provide to the flag nation information, including
appropriate evidentiary material, relating to those activities; and
(2) when such foreign vessel is voluntarily in a United States
port, promptly notify the flag nation and, if requested by the flag
nation, make arrangements to undertake such lawful investigatory
measures as may be considered necessary to establish whether the
vessel has been used contrary to the provisions of the Agreement.
(d) Regulations
The Secretary, after consultation with the Secretary of State and
the Secretary of the department in which the Coast Guard is operating,
may promulgate such regulations, in accordance with section 553 of title
5, as may be necessary to carry out the purposes of the Agreement and
this chapter. The Secretary shall coordinate such regulations with any
other entities regulating high seas fishing vessels, in order to
minimize duplication of permit application and reporting requirements.
To the extent practicable, such regulations shall also be consistent
with regulations implementing fishery management plans under the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.).
(e) Notice of international conservation and management measures
The Secretary, in consultation with the Secretary of State, shall
publish in the Federal Register, from time to time, a notice listing
international conservation and management measures recognized by the
United States.
(Pub. L. 104-43, title I, Sec. 105, Nov. 3, 1995, 109 Stat. 370; Pub. L.
104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30,
1996, 110 Stat. 3009, 3009-41.)
References in Text
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in subsec. (d), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat.
331, as amended, which is classified principally to chapter 38
(Sec. 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.
Amendments
1996--Subsec. (d). Pub. L. 104-208 substituted ``Magnuson-Stevens
Fishery'' for ``Magnuson Fishery''.
Effective Date of 1996 Amendment
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208
provided that the amendment made by that section is effective 15 days
after Oct. 11, 1996.
Transfer of Functions
For 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 November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in section 5505 of this title.
