§ 971e. — Violations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC971e]
TITLE 16--CONSERVATION
CHAPTER 16A--ATLANTIC TUNAS CONVENTION
Sec. 971e. Violations
(a) In general
It shall be unlawful--
(1) for any person in charge of a fishing vessel or any fishing
vessel subject to the jurisdiction of the United States to engage in
fishing in violation of any regulation adopted pursuant to section
971d of this title; or
(2) for any person subject to the jurisdiction of the United
States to ship, transport, purchase, sell, offer for sale, import,
export, or have in custody, possession, or control any fish which he
knows, or should have known, were taken or retained contrary to the
recommendations of the Commission made pursuant to article VIII of
the Convention and adopted as regulations pursuant to section 971d
of this title, without regard to the citizenship of the person or
vessel which took the fish.
(b) Failure to furnish returns, records, or reports
It shall be unlawful for the master or any person in charge of any
fishing vessel subject to the jurisdiction of the United States 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 by such master or person.
(c) Refusal of request to board and inspect vessel
It shall be unlawful for the master or any person in charge of any
fishing vessel subject to the jurisdiction of the United States to
refuse to permit any person authorized to enforce the provisions of this
chapter and any regulations adopted pursuant thereto, to board such
vessel and inspect its catch, equipment, books, documents, records, or
other articles or question the persons onboard in accordance with the
provisions of this chapter, or the Convention, as the case may be, or to
obstruct such officials in the execution of such duties.
(d) Importation of ineligible species or species under investigation
It shall be unlawful for any person to import, in violation of any
regulation adopted pursuant to section 971d(c) or (d) \1\ 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 fish
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 971d(c) or (d) \1\ of this
title. In the case of any fish as described in this subsection offered
for entry in the United States, the Secretary shall require proof
satisfactory to him that such fish is not ineligible for such entry
under the terms of section 971d(c) or (d) \1\ of this title.
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\1\ See References in Text note below.
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(e) Sanctions
The civil penalty and permit sanctions of section 1858 of this title
are hereby made applicable to violations of this section as if they were
violations of section 1857 of this title.
(f) Forfeiture
All fish taken or retained in violation of subsection (a) of this
section, or the monetary value thereof, may be forfeited.
(g) Applicability of other laws
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.
(Pub. L. 94-70, Sec. 7, Aug. 5, 1975, 89 Stat. 390; Pub. L. 104-43,
title III, Sec. 306, Nov. 3, 1995, 109 Stat. 385; Pub. L. 105-384, title
II, Sec. 202(b)(1)(F), Nov. 13, 1998, 112 Stat. 3453.)
References in Text
Section 971d(d) of this title, referred to in subsec. (d), was
amended generally by Pub. L. 101-627, title II, Sec. 207, Nov. 28, 1990,
104 Stat. 4461. Prior to amendment, subsec. (d) related to Commission
recommendations concerning bluefin tuna and issuance of regulations in
that regard.
Amendments
1998--Subsec. (e). Pub. L. 105-384 made technical amendment to
reference in original act which appears in text as reference to section
1858 of this title.
1995--Subsec. (e). Pub. L. 104-43 amended subsec. (e) generally,
substituting present provisions for provisions establishing civil
penalties for violations of this section, providing for authority of
Secretary to assess, remit, or mitigate any civil penalty, providing for
notice and hearing prior to assessment, and providing for civil action
upon failure to pay penalty.
