16 USC 7705 - Enforcement

U.S Code last checked for updates: May 18, 2024

§ 7705.

Enforcement

(a)

In general

The Secretary and the Secretary of the department in which the Coast Guard is operating—

(1)

shall administer and enforce this chapter and any regulations issued under this chapter; and

(2)

may request and utilize on a reimbursed or nonreimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in the administration and enforcement of this chapter.

(b)

Secretarial actions

(c)

Jurisdiction of the courts

(1)

In general

Subject to paragraphs (2) and (3), the district courts of the United States shall have jurisdiction over any case or controversy arising under this chapter, and any such court may at any time—

(A)

enter restraining orders or prohibitions;

(B)

issue warrants, process in rem, or other process;

(C)

prescribe and accept satisfactory bonds or other security; and

(D)

take such other actions as are in the interest of justice.

(2)

Hawaii and Pacific insular areas

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—

(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

(d)

Confidentiality

(1)

In general

Any information submitted to the Secretary in compliance with any requirement under this chapter, and information submitted under any requirement of this chapter that may be necessary to implement the Convention, including information submitted before December 16, 2016, shall be confidential and may not be disclosed, except—

(A)

to a Federal employee who is responsible for administering, implementing, or enforcing this chapter;

(B)

to the Commission, in accordance with requirements in the North 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;

(C)

to State, Council, or marine fisheries commission employees pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business of any person;

(D)

when required by court order; or

(E)

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 chapter.

(2)

Use of information

(A)

In general

(B)

Exception

(3)

Rule of construction

(Pub. L. 114–327, title I, § 105, Dec. 16, 2016, 130 Stat. 1980.)

cite as: 16 USC 7705