§ 1417. — Prohibitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1417]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER IV--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
Sec. 1417. Prohibitions
(a) In general
It is unlawful--
(1) for any person to sell, purchase, offer for sale, transport,
or ship, in the United States, any tuna or tuna product unless the
tuna or tuna product is either dolphin safe or has been harvested in
compliance with the International Dolphin Conservation Program by a
country that is a member of the Inter-American Tropical Tuna
Commission or has initiated and within 6 months thereafter completed
all steps required of applicant nations in accordance with Article
V, paragraph 3 of the Convention establishing the Inter-American
Tropical Tuna Commission, to become a member of that organization;
(2) except as provided for in subsection 1371(d) of this title,
for any person or vessel subject to the jurisdiction of the United
States intentionally to set a purse seine net on or to encircle any
marine mammal in the course of tuna fishing operations in the
eastern tropical Pacific Ocean except in accordance with this
subchapter and regulations issued pursuant to this subchapter; and
(3) for any person to import any yellowfin tuna or yellowfin
tuna product or any other fish or fish product in violation of a ban
on importation imposed under section 1371(a)(2) of this title;
(4) for any person to violate any regulation promulgated under
this subchapter;
(5) for any person to refuse to permit any duly authorized
officer to board a vessel subject to that person's control for
purposes of conducting any search or inspection in connection with
the enforcement of this subchapter; and
(6) for any person to assault, resist, oppose, impede,
intimidate, or interfere with any such authorized officer in the
conduct of any search or inspection described in paragraph (5).
(b) Penalties
(1) Civil penalty
A person that knowingly and willfully violates subsection
(a)(1), (2), (3), (4), or (5) of this section shall be subject to a
civil penalty under section 1375(a) of this title.
(2) Criminal penalty
A person that knowingly and willfully violates subsection (a)(5)
or (a)(6) of this section shall be subject to a criminal penalty
under section 1375(b) of this title.
(c) Civil forfeitures
Any vessel (including its fishing gear, appurtenances, stores, and
cargo) used, and any fish (or its fair market value) taken or retained,
in any manner, in connection with or as a result of the commission of
any act prohibited by this section shall be subject to forfeiture to the
United States in the manner provided in section 1860 of this title.
(Pub. L. 92-522, title III, Sec. 307, as added Pub. L. 102-523,
Sec. 2(a), Oct. 26, 1992, 106 Stat. 3431; amended Pub. L. 104-208, div.
A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110
Stat. 3009, 3009-41; Pub. L. 105-42, Sec. 6(d), Aug. 15, 1997, 111 Stat.
1136.)
Codification
Another section 307 of Pub. L. 92-522 was renumbered section 407 and
is classified to section 1421f of this title.
Amendments
1997--Subsec. (a)(1) to (3). Pub. L. 105-42, Sec. 6(d)(1), added
pars. (1) to (3) and struck out former pars. (1) to (3) which read as
follows:
``(1) for any person, after June 1, 1994, to sell, purchase, offer
for sale, transport, or ship, in the United States, any tuna or tuna
product that is not dolphin safe;
``(2) for any person or vessel that is subject to the jurisdiction
of the United States, intentionally to set a purse seine net on or to
encircle any marine mammal during any tuna fishing operation after
February 28, 1994, except--
``(A) as necessary for scientific research approved by the
Inter-American Tropical Tuna Commission;
``(B) in accordance with a recommendation that is approved under
section 1412(c)(2) of this title; or
``(C) as authorized by the general permit issued to the American
Tunaboat Association on December 1, 1980 (including any additional
restrictions applicable under section 1416(a) of this title),
notwithstanding any agreement under section 1412 of this title with
a country that is not a major purse seine tuna fishing country (as
that term is defined in section 1416(c) of this title);
``(3) for any person to import any yellowfin tuna or yellowfin tuna
product or any other fish or fish product in violation of a ban on
importation imposed under section 1415(b)(1) or (2) of this title;''.
Subsec. (b)(2). Pub. L. 105-42, Sec. 6(d)(2), inserted ``(a)(5) or''
before ``(a)(6)''.
Subsec. (d). Pub. L. 105-42, Sec. 6(d)(3), struck out heading and
text of subsec. (d). Text read as follows: ``For purposes of this
section, tuna or a tuna product is dolphin safe if--
``(1) it does not contain tuna that was harvested on the high
seas by a vessel engaged in driftnet fishing, as that term is
defined in section 4003 of the Driftnet Impact, Monitoring,
Assessment, and Control Act of 1987;
``(2) in the case of tuna or a tuna product that contains tuna
harvested in the eastern tropical Pacific Ocean, it is dolphin safe
under subsection (d)(2) of section 1385 of this title;
``(3) in the case of tuna or a tuna product that contains tuna
harvested outside the eastern tropical Pacific Ocean by a purse
seine vessel, it is accompanied by a written statement executed by
the captain of the vessel certifying that no purse seine net was
intentionally deployed on or to encircle dolphins during the
particular voyage on which the tuna was harvested; and
``(4) in the case of tuna or a product that contains tuna
harvested outside the eastern tropical Pacific Ocean by a purse
seine vessel in a fishery in which the Secretary has determined that
a regular and significant association occurs between marine mammals
and tuna, and in which tuna is harvested through the use of purse
seine nets deployed on or to encircle marine mammals, it is
accompanied by a written statement executed by the captain of the
vessel and by an observer, certifying that no purse seine net was
intentionally deployed on or to encircle marine mammals during the
particular voyage on which the tuna was harvested.''
1996--Subsec. (c). Pub. L. 104-208 made technical amendment to
reference in original act which appears in text as reference to section
1860 of this title.
Effective Date of 1997 Amendment
For effective date of amendment by Pub. L. 105-42, see section 8 of
Pub. L. 105-42, set out as a note under section 1362 of this title.
Effective Date of 1996 Amendment
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208
provided that the amendment made by that section is effective 15 days
after Oct. 11, 1996.
Section Referred to in Other Sections
This section is referred to in section 1416 of this title.
