16 U.S.C. § 6904

Rulemaking authority of the Secretary of Commerce

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(a) Promulgation of regulations

The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the Department in which the Coast Guard is operating, is authorized to promulgate such regulations as may be necessary to carry out the United States international obligations under the WCPFC Convention and this chapter, including recommendations and decisions adopted by the Commission. In cases where the Secretary has discretion in the implementation of one or more measures adopted by the Commission that would govern fisheries under the authority of a Regional Fishery Management Council, the Secretary may, to the extent practicable within the implementation schedule of the WCPFC Convention and any recommendations and decisions adopted by the Commission, promulgate such regulations in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(b) Additions to fishery regimes and regulations

The Secretary may promulgate regulations applicable to all vessels and persons subject to the jurisdiction of the United States, including United States flag vessels wherever they may be operating, on such date as the Secretary shall prescribe.

(Pub. L. 109–479, title V, § 505, Jan. 12, 2007, 120 Stat. 3639.)Editorial NotesReferences in Text

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, 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 section 1801 of this title and Tables.

Notes of Decisions

Cited in 3 cases, 2015–2016 · leading case: Pacific Ranger, LLC v. Pritzker

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Pacific Ranger, LLC v. Pritzker (2016) dcd “Convention!,]” 16 U.S.C. § 6904 (a), and making it unlawful to violate any such regulations, see id.”

Black v. Pritzker (2015) dcd “16 U.S.C. § 6904 (a). The Secretary has delegated this authority to the National Marine Fisheries Services (“NMFS”), a component of the National Oceanic and Atmospheric Administration (“NOAA”) within the Department of Commerce.”

Conservation Council for Hawaii v. National Marine Fisheries Service (2015) hid · cites it 3× “16 U.S.C. § 6904 governs the Secretary of Commerce’s (“Secretary”) rule-making authority.”

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