§ 971c. — Authority of Secretary of State; cooperative enforcement agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC971c]
TITLE 16--CONSERVATION
CHAPTER 16A--ATLANTIC TUNAS CONVENTION
Sec. 971c. Authority of Secretary of State; cooperative
enforcement agreements
(a) Recommendations from Commission
The Secretary of State is authorized to receive on behalf of the
United States, reports, requests, and other communications of the
Commission, and to act thereon directly or by reference to the
appropriate authorities. The Secretary of State, with the concurrence of
the Secretary and, for matters relating to enforcement, the Secretary of
the department in which the Coast Guard is operating, is authorized to
take appropriate action on behalf of the United States with regard to
recommendations received from the Commission pursuant to article VIII of
the Convention. The Secretary and, when appropriate, the Secretary of
the department in which the Coast Guard is operating, shall inform the
Secretary of State as to what action he considers appropriate within
five months of the date of the notification of the recommendation from
the Commission, and again within forty-five days of the additional
sixty-day period provided by the Convention if any objection is
presented by another contracting party to the Convention, or within
thirty days of the date of the notification of an objection made within
the additional sixty-day period, whichever date shall be the later.
After any notification from the Commission that an objection of the
United States is to be considered as having no effect, the Secretary
shall inform the Secretary of State as to what action he considers
appropriate within forty-five days of the sixty-day period provided by
the Convention for reaffirming objections. The Secretary of State shall
take steps under the Convention to insure that a recommendation pursuant
to article VIII of the Convention does not become effective for the
United States prior to its becoming effective for all contracting
parties conducting fisheries affected by such recommendation on a
meaningful scale in terms of their effect upon the success of the
conservation program, unless he determines, with the concurrence of the
Secretary, and, for matters relating to enforcement, the Secretary of
the department in which the Coast Guard is operating, that the purposes
of the Convention would be served by allowing a recommendation to take
effect for the United States at some earlier time.
(b) Enforcement agreements
The Secretary of State, in consultation with the Secretary and the
Secretary of the department in which the Coast Guard is operating, is
authorized to enter into agreements with any contracting party, pursuant
to paragraph 3 of article IX of the Convention, relating to cooperative
enforcement of the provisions of the Convention, recommendations in
force for the United States and such party or parties under the
Convention, and regulations adopted by the United States and such
contracting party or parties pursuant to recommendations of the
Commission. Such agreements may authorize personnel of the United States
to enforce measures under the Convention and under regulations of
another party with respect to persons under that party's jurisdiction,
and may authorize personnel of another party to enforce measures under
the Convention and under United States regulations with respect to
persons subject to the jurisdiction of the United States. Enforcement
under such an agreement may not take place within the territorial seas
or exclusive economic zone of the United States. Such agreements shall
not subject persons or vessels under the jurisdiction of the United
States to prosecution or assessment of penalties by any court or
tribunal of a foreign country.
(Pub. L. 94-70, Sec. 5, Aug. 5, 1975, 89 Stat. 386; Pub. L. 104-43,
title III, Sec. 303(3), Nov. 3, 1995, 109 Stat. 384; Pub. L. 105-384,
title II, Sec. 202(b)(1)(B), Nov. 13, 1998, 112 Stat. 3452.)
Amendments
1998--Subsec. (b). Pub. L. 105-384 directed amendment identical to
amendment by Pub. L. 104-43. See 1995 Amendment note below.
1995--Subsec. (b). Pub. L. 104-43 substituted ``exclusive economic
zone'' for ``fisheries zone'' after ``territorial seas or'' in third
sentence.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Management of Atlantic Yellowfin Tuna
Section 309(b) of Pub. L. 104-43, as amended by Pub. L. 104-297,
title IV, Sec. 406, Oct. 11, 1996, 110 Stat. 3621, provided that: ``Not
later than July 1, 1997, the Secretary of Commerce shall implement the
recommendations of the International Commission for the Conservation of
Atlantic Tunas regarding yellowfin tuna made pursuant to Article VIII of
the International Convention for the Conservation of Atlantic Tunas and
acted upon favorably by the Secretary of State under section 5(a) of the
Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971c(a)).''
Section Referred to in Other Sections
This section is referred to in sections 971, 971d, 971f of this
title.
