§ 972f. — Prohibited acts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC972f]
TITLE 16--CONSERVATION
CHAPTER 16B--EASTERN PACIFIC TUNA FISHING
Sec. 972f. Prohibited acts
(a) Unlawful acts
It is unlawful for any person subject to the jurisdiction of the
United States--
(1) to engage in fishing for a designated species of tuna within
the Agreement Area unless issued a license under the Agreement
authorizing such fishing;
(2) to engage in fishing for a designated species of tuna within
the Agreement area \1\ in contravention of regulations promulgated
by the Secretary of Commerce under the Agreement;
---------------------------------------------------------------------------
\1\ So in original. Probably should be capitalized.
---------------------------------------------------------------------------
(3) knowingly to ship, transport, purchase, sell, offer for
sale, export, or have in custody, possession, or control any
designated species of tuna taken or retained in violation of
regulations issued under section 972e of this title;
(4) to fail to make, keep, or furnish any catch return,
statistical record, or other report required by regulations issued
under section 972e of this title;
(5) being a person in charge of a vessel of the United States,
to fail to stop upon being hailed by an authorized official of the
United States, or to refuse to permit officials of the United States
to board the vessel or inspect its catch, equipment, books,
documents, records, or other articles, or to question individuals on
board; or
(6) to import from any country, in violation of any regulation
issued under section 972e of this title, any designated species of
tuna.
(b) Penalties
Any person who is convicted of violating--
(1) subsection (a)(1), (a)(2), or (a)(3) of this section shall
be fined or assessed a civil penalty not more than $25,000, and for
a subsequent violation shall be fined or assessed a civil penalty
not more than $50,000;
(2) subsection (a)(4) or (a)(5) of this section shall be fined
or assessed a civil penalty not more than $5,000, and for a
subsequent violation shall be fined or assessed a civil penalty not
more than $5,000; or
(3) subsection (a)(6) of this section shall be fined or assessed
a civil penalty not more than $100,000.
(c) Forfeiture
All designated species of tuna taken or retained in violation of
subsection (a)(1), (2), (3), or (6) of this section, or the monetary
value thereof, is subject to forfeiture.
(d) Application of laws relating to seizures and forfeitures
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 this
chapter, insofar as such provisions of law are applicable and not
inconsistent with the provisions of this chapter.
(Pub. L. 98-445, Sec. 8, Oct. 4, 1984, 98 Stat. 1717.)
References in Text
The customs laws, referred to in subsec. (d), are classified
generally to Title 19, Customs Duties.
