Sec. 6. Enforcement

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The Secretary and the Secretary of the department in which the Coast Guard is operating— shall administer and enforce this Act and any regulations issued under this Act, except to the extent otherwise provided for in the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ); and may request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in the administration and enforcement of this Act.

The Secretary may conduct, and may request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in— scientific, research, and other programs under this Act; fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary to implement the South Pacific Fisheries Convention; the collection, utilization, and disclosure of such information as may be necessary to implement the South Pacific Fisheries Convention, subject to sections 552 and 552a of title 5, United States Code, and section 402(b) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881a(b) ); if recommended by the Commissioner or proposed by the Council, the assessment and collection of fees, not to exceed 3 percent of the ex-vessel value of fish harvested by vessels of the United States from fishery resources managed under this Act, to recover the actual costs to the United States of management and enforcement under this Act, which shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Secretary under this Act; and the issuance of permits to owners and operators of U.S. vessels to fish in the Convention Area seaward of the U.S. exclusive economic zone, under such terms and conditions as the Secretary may prescribe, including the period of time that a permit is valid.

The Secretary shall ensure the consistency, to the extent practicable, of fishery management programs administered under this Act, 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 Atlantic Tunas Convention Act ( 16 U.S.C. 971 et seq. ), and the Western and Central Pacific Fisheries Convention Implementation Act ( 16 U.S.C. 6901 et seq. ).

Except as provided under subsection (e), the Secretary and the Secretary of the department in which the Coast Guard is operating shall prevent any person from violating this Act 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 , 1859, 1860, 1861) were incorporated into and made a part of this Act. Any person that violates any provision of this Act is 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, by the same means, and with the same jurisdiction, power, and duties as though sections 308 through 311 of that Act ( 16 U.S.C. 1858 , 1859, 1860, 1861) were incorporated into and made a part of this Act.

Subject to paragraphs

(2)and (3), the district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act, and any such court may at any time— enter restraining orders or prohibitions; issue warrants, process in rem, or other process; prescribe and accept satisfactory bonds or other security; and take such other actions as are in the interest of justice. In the case of 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— in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and 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. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any other district authorized by law. Any offense not committed in any district is subject to the venue provisions of section 3238 of title 18, United States Code. Any information submitted to the Secretary in compliance with any requirement under this Act shall be confidential and may not be disclosed, except— to a Federal employee who is responsible for administering, implementing, and enforcing this Act; to the Commission, in accordance with requirements in the South Pacific Fisheries Convention and decisions of the Commission, and, insofar as possible, in accordance with an agreement with the Commission that prevents public disclosure of the identity or business of any person; to a State or Marine Fisheries Commission employee pursuant to an agreement with the Secretary that prevents public disclosure of the identity of any business or individual; when required by court order; or when the Secretary has obtained written authorization from the person submitting such information to release such information to another person for a reason not otherwise provided for in this paragraph, and such release does not violate other requirements of this Act. Except as provided under subparagraph (B), the Secretary shall promulgate regulations regarding the procedures the Secretary considers necessary to preserve the confidentiality of information under this Act. The Secretary may release or make public information submitted under this Act if the information is in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person. Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary of any information submitted under this Act.

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