§ 957. — Violations; fines and forfeitures; application of related laws.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC957]
TITLE 16--CONSERVATION
CHAPTER 16--TUNA CONVENTIONS
Sec. 957. Violations; fines and forfeitures; application of
related laws
(a) It shall be unlawful for any master or other person in charge of
a fishing vessel of the United States to engage in fishing in violation
of any regulation adopted pursuant to section 955(c) of this title or
for any person knowingly to ship, transport, purchase, sell, offer for
sale, import, export, or have in custody, possession, or control any
fish taken or retained in violation of such regulations.
(b) It shall be unlawful for the master or any person in charge of
any fishing vessel of the United States or any person on board such
vessel to fail to make, keep, or furnish any catch returns, statistical
records, or other reports as are required by regulations adopted
pursuant to this chapter to be made, kept, or furnished; or to fail to
stop upon being hailed by a duly authorized official of the United
States; or to refuse to permit the duly authorized officials of the
United States or authorized officials of the commissions to board such
vessel or inspect its catch, equipment, books, documents, records, or
other articles or question the persons on board in accordance with the
provisions of this chapter, or the convention, as the case may be.
(c) It shall be unlawful for any person to import, in violation of
any regulation adopted pursuant to section 955(c) of this title, from
any country, any fish in any form of those species subject to regulation
pursuant to a recommendation of the commission, or any tuna in any form
not under regulation but under investigation by the commission, during
the period such fish have been denied entry in accordance with the
provisions of section 955(c) of this title. In the case of any fish as
described in this subsection offered for entry into the United States,
the Secretary of Commerce shall require proof satisfactory to him that
such fish is not ineligible for such entry under the terms of section
955(c) of this title.
(d) Any person violating any provisions of subsection (a) of this
section shall be fined not more than $25,000, and for a subsequent
violation of any provisions of said subsection (a) shall be fined not
more than $50,000.
(e) Any person violating any provision of subsection (b) of this
section shall be fined not more than $1,000, and for a subsequent
violation of any provision of subsection (b) shall be fined not more
than $5,000.
(f) Any person violating any provision of subsection (c) of this
section shall be fined not more than $100,000.
(g) All fish taken or retained in violation of subsection (a) of
this section, or the monetary value thereof, may be forfeited.
(h) All provisions of law relating to the seizure, judicial
forfeiture, and condemnation of a cargo for violation of the customs
laws, the disposition of such cargo or the proceeds from the sale
thereof, and the remission or mitigation of such forfeitures shall apply
to seizures and forfeitures incurred, or alleged to have been incurred,
under the provisions of this chapter, insofar as such provisions of law
are applicable and not inconsistent with the provisions of this chapter.
(Sept. 7, 1950, ch. 907, Sec. 8, 64 Stat. 779; Pub. L. 87-814, Sec. 4,
Oct. 15, 1962, 76 Stat. 924; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970,
35 F.R. 15627, 84 Stat. 2090.)
Amendments
1962--Pub. L. 87-814 substituted provisions respecting violations,
fines, and forfeitures, and application of related laws for provisions
respecting enforcement of chapter.
Transfer of Functions
Transfer of functions to Secretary of Commerce from Secretary of the
Interior by Reorg. Plan No. 4 of 1970, see note set out under section
955 of this title.
