Sec. 101. Authority of the Secretary of Commerce to enforce statutes

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The Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating shall enforce the Acts to which this section applies in accordance with the provisions of this section. The Secretary of Commerce 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, including all elements of the Department of Defense, and of any State agency, in carrying out this section.

This section applies to— the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826d et seq. ); the Pacific Salmon Treaty Act of 1985 ( 16 U.S.C. 3631 et seq. ); the Dolphin Protection Consumer Information Act ( 16 U.S.C. 1385 ); the Tuna Conventions Act of 1950 ( 16 U.S.C. 951 et seq. ); the North Pacific Anadromous Stocks Act of 1992 ( 16 U.S.C. 5001 et seq. ); the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.); the Antarctic Marine Living Resources Convention Act of 1984 ( 16 U.S.C. 2431 et seq. ); the Atlantic Tunas Convention Act of 1975 ( 16 U.S.C. 971 et seq. ); the Northwest Atlantic Fisheries Convention Act of 1995 ( 16 U.S.C. 5601 et seq. ); the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.); the Northern Pacific Halibut Act of 1982 ( 16 U.S.C. 773 et seq. ); the Antigua Convention Implementing Act of 2013 ; and any other Act in pari materia, so designated by the Secretary after notice and an opportunity for a hearing.

The Secretary of Commerce shall prevent any person from violating 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 (16 U.S.C. 1858 through 1861) were incorporated into and made a part of each such Act. Except as provided in subsection (c), any person that violates any Act to which this section applies 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 each such Act.

Notwithstanding the incorporation by reference of certain sections of the Magnuson-Stevens Fishery Conservation and Management Act under subsection (b), if there is a conflict between a provision of this subsection and the corresponding provision of any section of the Magnuson-Stevens Fishery Conservation and Management Act so incorporated, the provision of this subsection shall apply. In addition to the powers of officers authorized pursuant to subsection (b), 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)to enforce the provisions of any Act to which this section applies may, 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 each such Act— search or inspect any facility or conveyance used or employed in, or which reasonably appears to be used or employed in, the storage, processing, transport, or trade of fish or fish products; inspect records pertaining to the storage, processing, transport, or trade of fish or fish products; detain, for a period of up to 14 days, any shipment of fish or fish product imported into, landed on, introduced into, exported from, or transported within the jurisdiction of the United States, or, if such fish or fish product is deemed to be perishable, sell and retain the proceeds therefrom for a period of up to 14 days; make an arrest, in accordance with any guidelines which may be issued by the Attorney General, for any offense under the laws of the United States committed in the person's presence, or for the commission of any felony under the laws of the United States, if the person has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; search and seize, in accordance with any guidelines which may be issued by the Attorney General; and execute and serve any subpoena, arrest warrant, search warrant issued in accordance with rule 41 of the Federal Rules of Criminal Procedure, or other warrant or civil or criminal process issued by any officer or court of competent jurisdiction. The Secretary of Commerce and the head of each department and agency providing personnel for the task force under section 201, to the maximum extent permissible under law, shall share all applicable information, intelligence, and data, related to the harvest, transportation, or trade of fish and fish product for the purposes under section 201(a)(2). The Secretary of Commerce, through the task force under section 201, shall coordinate the collection, storage, analysis, and dissemination of all applicable information, intelligence, and data related to the harvest, transportation, or trade of fish and fish product collected or maintained by a member agency of the task force. The Secretary of Commerce, through the task force under section 201, shall ensure the protection and confidentiality required by law for information, intelligence, and data related to the harvest, transportation, or trade of fish and fish product obtained by the task force. The Secretary of Commerce and the head of each department and agency providing personnel for the task force, to the maximum extent practicable, shall develop data standardization for fisheries related data for each member agency of the task force under section 201 and with international fisheries enforcement databases as appropriate. Upon request of the Secretary of Commerce, elements of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) )) shall collect information related to illegal, unreported, or unregulated fishing activity outside the United States about individuals who are not United States persons (as defined in section 105A(c)(2) of such Act (50 U.S.C. 403–5a(c)(2))). Such elements of the intelligence community shall collect and share such information with the Secretary through the task force under section 201 of this Act for law enforcement purposes in order to detect and investigate illegal, unreported, or unregulated fishing activities and to carry out the provisions of this Act. All collection and sharing of information shall be in accordance with the National Security Act of 1947 ( 50 U.S.C. 401 et seq. ). Subject to clause (ii), the Secretary of Commerce, through the task force under section 201, shall have authority to share fisheries-related data with— other Federal or State government agencies; foreign governments; the Food and Agriculture Organization formed at Quebec, Canada, on October 16, 1945; or the secretariat or equivalent of an international fisheries management organization or arrangement made pursuant to an international fishery agreement. An entity listed under clause

(i)may receive data under this subparagraph if— the entity has policies and procedures to safeguard such data from unintended or unauthorized disclosure; and the exchange of information is necessary— to ensure compliance with any law (including regulations) enforced or administered by the Secretary of Commerce; to administer or enforce treaties to which the United States is a party; to administer or enforce binding conservation measures adopted by any international organization or arrangement to which the United States is a party; to assist in investigative, judicial, or administrative enforcement proceedings in the United States; or to assist in any fisheries or living marine resource related 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. The several district courts of the United States shall have jurisdiction over any actions arising under this section. For the purpose of this section, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii. 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 as authorized by law. Any offenses not committed in any district are subject to the venue provisions of section 3238 of title 18, United States Code. For purposes of this section and each Act to which this section applies, it is unlawful for any person— to violate any provision of this section or any Act to which this section applies or any regulation promulgated thereunder; to refuse to permit any authorized enforcement officer to board, search, or inspect a vessel, conveyance, or shoreside facility that is subject to the person's control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of this section or any Act to which this section applies or any regulation promulgated thereunder; 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); to resist a lawful arrest for any act prohibited by this section or any Act to which this section applies; 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; to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel under this section or any Act to which this section applies, or any data collector employed by or under contract to the National Marine Fisheries Service to carry out responsibilities under this section or any Act to which this section applies; to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any fish or fish product taken, possessed, transported, or sold in violation of any treaty or binding conservation measure adopted pursuant to an international agreement or organization to which the United States is a party; or to make or submit any false record, account, or label for, or any false identification of, any fish or fish product (including false identification of the species, harvesting vessel or nation, or the location where harvested) which has been, or is intended to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce. The Secretary of Commerce may promulgate such regulations, in accordance with section 553 of title 5, United States Code, as may be necessary to carry out this section or any Act to which this section applies.

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