---
kind: "section"
citation: "16 U.S.C. § 7704"
title: "16"
title_heading: "Conservation"
number: "7704"
heading: "Authority of the Secretary of Commerce"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/7704"
units:
  - "Chapter 96 — North Pacific Fisheries Convention"
---

# §7704. Authority of the Secretary of Commerce

- (a) **Promulgation of regulations—**
  - (1) **Authority—** The [Secretary](/usc/16/7701.md?p=12), in consultation with the Secretary of State and, with respect to enforcement measures, the [Secretary](/usc/16/7701.md?p=12) of the department in which the Coast Guard is operating, may promulgate such regulations as may be necessary to carry out the United States international obligations under the [North Pacific Fisheries Convention](/usc/16/7701.md?p=10) and this chapter, including recommendations and decisions adopted by the [Commission](/usc/16/7701.md?p=1).
  - (2) **Regulations of straddling stocks—** In the implementation of a measure adopted by the [Commission](/usc/16/7701.md?p=1) that would govern a [straddling stock](/usc/16/7701.md?p=14) under the authority of a [Council](/usc/16/7701.md?p=4), any regulation promulgated by the [Secretary](/usc/16/7701.md?p=12) to implement such measure within the [exclusive economic zone](/usc/16/7701.md?p=5) shall be approved by such [Council](/usc/16/7701.md?p=4).
- (b) **Rule of construction—** Regulations promulgated under [subsection (a)](#a) shall be applicable only to a [person](/usc/16/7701.md?p=11) or a [fishing vessel](/usc/16/7701.md?p=8) that is or has engaged in [fishing activities](/usc/16/7701.md?p=7-A), or [fisheries resources](/usc/16/7701.md?p=6-A) covered by the [North Pacific Fisheries Convention](/usc/16/7701.md?p=10) under this chapter.
- (c) **Additional authority—** The [Secretary](/usc/16/7701.md?p=12) may conduct, and may request and utilize on a reimbursed or nonreimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in—
  - (1) scientific, research, and other programs under this chapter;
  - (2) fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary to implement the [North Pacific Fisheries Convention](/usc/16/7701.md?p=10);
  - (3) the collection, utilization, and disclosure of such information as may be necessary to implement the [North Pacific Fisheries Convention](/usc/16/7701.md?p=10), subject to sections [552](/usc/5/552.md) and [552a](/usc/5/552a.md) of title 5 and [section 402(b)](/usc/16/402.md) of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1881a(b)](/usc/16/1881a.md?p=b));
  - (4) the issuance of permits to [owners](/usc/16/429b–3.md?p=4) and operators of United States vessels to engage in [fishing activities](/usc/16/7701.md?p=7-A) in the [Convention Area](/usc/16/7701.md?p=3) seaward of the [exclusive economic zone](/usc/16/7701.md?p=5) of the United States, under such terms and conditions as the [Secretary](/usc/16/7701.md?p=12) may prescribe, including the period of time that a permit is valid; and
  - (5) if recommended by the United States [Commissioners](/usc/16/7701.md?p=2), the assessment and collection of fees, not to exceed 3 percent of the ex-vessel value of [fisheries resources](/usc/16/7701.md?p=6-A) harvested by vessels of the United States in fisheries conducted in the [Convention Area](/usc/16/7701.md?p=3), to recover the actual costs to the United States to carry out the functions of the [Secretary](/usc/16/7701.md?p=12) under this chapter.
- (d) **Consistency with other laws—** The [Secretary](/usc/16/7701.md?p=12) shall ensure the consistency, to the extent practicable, of fishery management programs administered under this chapter, the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](/usc/16/1801.md) et seq.), the Tuna Conventions Act of 1950 ([16 U.S.C. 951](/usc/16/951.md) et seq.), the South Pacific Tuna Act of 1988 ([16 U.S.C. 973](/usc/16/973.md) et seq.), section 401 of Public Law 108–219 ([16 U.S.C. 1821](/usc/16/1821.md) note) (relating to Pacific albacore tuna), the Western and Central Pacific Fisheries Convention Implementation Act ([16 U.S.C. 6901](/usc/16/6901.md) et seq.), the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102–567) and the amendments made by that Act, and Public Law 100–629 (102 Stat. 3286).
- (e) **Judicial review of regulations—**
  - (1) **In general—** Regulations promulgated by the [Secretary](/usc/16/7701.md?p=12) under this chapter shall be subject to judicial review to the extent authorized by, and in accordance with, [chapter 7](/usc/5/chptI/ch7.md) of title 5 if a petition for such review is filed not later than 30 days after the date on which the regulations are promulgated.
  - (2) **Responses—** Notwithstanding any other provision of law, the [Secretary](/usc/16/7701.md?p=12) shall file a response to any petition filed in accordance with [paragraph (1)](#e-1), not later than 30 days after the date the [Secretary](/usc/16/7701.md?p=12) is served with that petition, except that the appropriate court may extend the period for filing such a response upon a showing by the [Secretary](/usc/16/7701.md?p=12) of good cause for that extension.
  - (3) **Copies of administrative record—** A response of the [Secretary](/usc/16/7701.md?p=12) under [paragraph (2)](#e-2) shall include a copy of the administrative record for the regulations that are the subject of the petition.
  - (4) **Expedited hearings—** Upon a motion by the [person](/usc/16/7701.md?p=11) who files a petition under this subsection, the appropriate court shall assign the matter for hearing at the earliest possible date.

## Source credit

(Pub. L. 114–327, title I, § 104, Dec. 16, 2016, 130 Stat. 1979.)

## Notes

### Editorial Notes

### 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, 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.

The Tuna Conventions Act of 1950, referred to in subsec. (d), is act Sept. 7, 1950, ch. 907, 64 Stat. 777, which is classified generally to chapter 16 (§ 951 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 951 of this title and Tables.

The South Pacific Tuna Act of 1988, referred to in subsec. (d), is Pub. L. 100–330, June 7, 1988, 102 Stat. 591, which is classified generally to chapter 16C (§ 973 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 973 of this title and Tables.

The Western and Central Pacific Fisheries Convention Implementation Act, referred to in subsec. (d), is title V of Pub. L. 109–479, Jan. 12, 2007, 120 Stat. 3635, which is classified generally to chapter 88 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.

The National Oceanic and Atmospheric Administration Authorization Act of 1992, referred to in subsec. (d), is Pub. L. 102–567, Oct. 29, 1992, 106 Stat. 4270. For complete classification of this Act to the Code, see Tables.

The amendments made by Public Law 100–629, referred to in subsec. (d), are the amendments made by Pub. L. 100–629, Nov. 7, 1988, 102 Stat. 3286, which amended section 1857 of this title and provisions set out as a note under section 883a of Title 33, Navigation and Navigable Waters.