COMDTINST 5860.1
(1)
16 U.S.C 1821, which relates to consultation on imposition of restrictions regarding
recreational fishing by foreign vessels.
(2)
16 U.S.C 1824, which relates to consultation on the issuance of foreign fishing
permits.
(3)
16 U.S.C 1854, which relates to consultations on the development of fishery
management plans.
(4)
16 U.S.C 1861, which relates to enforcement, except that the authority to approve
seizure of foreign fishing vessels shall be retained by the Commandant.
c.
Authority delegated to the Commandant under 49 C.F.R. 1.46 (kk): The following
functions vested in the Secretary by the Fisheries Amendments of 1982 (Pub. L. 97-389;
96 Stat. 1949), 16 U.S.C. 3601 et. seq., which relate to implementation of the Convention
for the Conservation of Salmon in the North Atlantic Ocean:
(1)
16 U.S.C. 3604, which relates to consultation on regulations.
(2)
16 U.S.C. 3607, which relates to enforcement.
5.
LIMITATIONS. Area and District Commanders shall exercise the above authorities only with
respect to matters entirely within their geographic areas of responsibility. In exercising these
delegated authorities and functions, Area and District Commanders shall be governed by
applicable laws, regulations, policies, and direction of higher authority.
6.
AUTHORITIES WITHHELD. The following functions and authorities have not been
redelegated but are retained by the Commandant:
a.
16 U.S.C. 1540(f), which relates to promulgation of regulations under the Endangered
Species Act.
b.
16 USC 971(c), which relates to concurrence and consultation with the Secretary of State
under the Atlantic Tunas Convention Act of 1975.
c.
16 U.S.C. 1156, which relates to law enforcement certificates, delivery of seized vessels
and arrested persons to foreign officials, and providing law enforcement officials as
witnesses under the Fur Seal Act of 1966.
d.
16 U.S.C. 2409 (f), which relates to prescribing regulations under the Antarctic
Conservation Act of 1978.
e.
16 U.S.C. 2434(b), which relates to concurrence with the Secretary of State in the
establishment of a system of observation and inspection under the Antarctic Living Marine
Resources Act of 1984.
3