--- kind: "section" citation: "16 U.S.C. § 7804" title: "16" title_heading: "Conservation" number: "7804" heading: "Responsibility of the Secretary and rulemaking authority" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/7804" units: - "Chapter 97 — Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific" --- # §7804. Responsibility of the Secretary and rulemaking authority - (a) **Responsibilities—** The [Secretary](/usc/16/7801.md?p=10) may— - (1) administer this chapter and any regulations issued under this chapter, except to the extent otherwise provided for in this chapter; - (2) issue permits to vessels subject to the jurisdiction of the United States, and to [owners](/usc/16/429b–3.md?p=4) and operators of such vessels, to fish in the [Convention Area](/usc/16/7801.md?p=3), under such terms and conditions as the [Secretary](/usc/16/7801.md?p=10) may prescribe; and - (3) if recommended by the United States Commissioners, assess and collect fees, not to exceed 3 percent of the ex-vessel value of fisheries resources harvested by vessels of the United States in fisheries conducted in the [Convention Area](/usc/16/7801.md?p=3), to recover the actual costs to the United States to carry out the functions of the [Secretary](/usc/16/7801.md?p=10) under this chapter. - (b) **Promulgation of regulations—** - (1) **In general—** The [Secretary](/usc/16/7801.md?p=10), in consultation with the Secretary of State and the [Secretary](/usc/16/7801.md?p=10) of the department in which the Coast Guard is operating, may promulgate such regulations as may be necessary and appropriate to carry out the international obligations of the United States under the [South Pacific Fishery Resources Convention](/usc/16/7801.md?p=11) and this chapter, including decisions adopted by the [Commission](/usc/16/7801.md?p=2). - (2) **Applicability—** Regulations promulgated under this subsection shall be applicable only to a [person](/usc/16/7801.md?p=9) or [fishing vessel](/usc/16/7801.md?p=8) that is or has engaged in [fishing](/usc/16/7801.md?p=7), and [fishery resources](/usc/16/7801.md?p=6) covered by the Convention on the Conservation and Management of High Seas [Fishery Resources](/usc/16/7801.md?p=6) in the South Pacific Ocean under this chapter. - (c) **Consistency with other laws—** The [Secretary](/usc/16/7801.md?p=10) 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). - (d) **Judicial review of regulations—** - (1) **In general—** Regulations promulgated by the [Secretary](/usc/16/7801.md?p=10) 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 or the action is published in the Federal Register, as applicable. - (2) **Responses—** Notwithstanding any other provision of law, the [Secretary](/usc/16/7801.md?p=10) shall file a response to any petition filed in accordance with [paragraph (1)](#d-1) not later than 30 days after the date the [Secretary](/usc/16/7801.md?p=10) 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/16/7801.md?p=10) of good cause for that extension. - (3) **Copies of administrative record—** A response of the [Secretary](/usc/16/7801.md?p=10) under [paragraph (2)](#d-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/16/7801.md?p=9) 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 II, § 204, Dec. 16, 2016, 130 Stat. 1989.) ## Notes ### Editorial Notes ### References in Text The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (c), 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. (c), 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. (c), 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. (c), 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. (c), is Pub. L. 102–567, Oct. 29, 1992, 106 Stat. 4270. For complete classification of this Act to the Code, see Tables.