§ 973c. — 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: 16USC973c]
TITLE 16--CONSERVATION
CHAPTER 16C--SOUTH PACIFIC TUNA FISHING
Sec. 973c. Prohibited acts
(a) Except as provided in section 973d of this title, it is unlawful
for any person subject to the jurisdiction of the United States--
(1) to violate any provision of this chapter or any regulation
or order issued pursuant to this chapter;
(2) to use a vessel for fishing in violation of an applicable
national law;
(3) who has entered into a fishing arrangement under paragraph 3
of Article 3 of the Treaty, to violate the terms and conditions of
such fishing arrangement if the Secretary of State has decided under
section 973p of this title that Article 4 and paragraph 6 of Article
5 of the Treaty shall apply to the arrangement;
(4) to use a vessel for fishing in any Limited Area in violation
of any requirement in Schedule 3 of Annex I of the Treaty;
(5) to use a vessel for fishing in any Closed Area;
(6) to falsify any information required to be reported,
notified, communicated, or recorded pursuant to a requirement of
this chapter, or to fail to submit any required information, or to
fail to report to the Secretary immediately any change in
circumstances which has the effect of rendering any such information
false, incomplete, or misleading;
(7) to intentionally destroy evidence which could be used to
determine if a violation of this chapter or the Treaty has occurred;
(8) to refuse to permit any Authorized Officer or Authorized
Party Officer to board a fishing vessel for purposes of conducting a
search or inspection in connection with the enforcement of this
chapter or the Treaty;
(9) to refuse to comply with the instructions of an Authorized
Officer or Authorized Party Officer relating to fishing activities
under the Treaty;
(10) to forcibly assault, resist, oppose, impede, intimidate, or
interfere with--
(A) any Authorized Officer or Authorized Party Officer in
the conduct of a search or inspection in connection with the
enforcement of this chapter or the Treaty; or
(B) an observer in the conduct of observer duties under the
Treaty;
(11) to resist a lawful arrest for any act prohibited by this
section;
(12) to interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that such other
person has committed any act prohibited by this section; or
(13) to ship, transport, offer for sale, sell, purchase, import,
export, or have custody, control, or possession of, any fish taken
or retained in violation of this chapter or any regulation, permit,
or the Treaty, with the knowledge that the fish were so taken or
retained.
(b) Except as provided in section 973d of this title, it is unlawful
for any person subject to the jurisdiction of the United States when in
the Licensing Area--
(1) to use a vessel to fish unless validly licensed as required
by the Administrator;
(2) to use a vessel for directed fishing for southern bluefin
tuna or for fishing for any kinds of fish other than tunas, except
that fish may be caught as an incidental by-catch;
(3) to use a vessel for fishing by any method other than the
purse-seine method;
(4) to use any vessel to engage in fishing after the revocation
of its license, or during the period of suspension of an applicable
license;
(5) to operate a vessel in such a way as to disrupt or in any
other way adversely affect the activities of traditional and locally
based fishermen and fishing vessels;
(6) to use a vessel to fish in a manner inconsistent with an
order issued by the Secretary under section 973i of this title; or
(7) except for circumstances involving force majeure and other
emergencies involving the health or safety of crew members or the
safety of the vessel, to use an aircraft in association with the
fishing activities of a vessel unless it is identified in the
license application for the vessel, or any amendment thereto.
(Pub. L. 100-330, Sec. 5, June 7, 1988, 102 Stat. 592.)
Section Referred to in Other Sections
This section is referred to in sections 973d, 973e, 973f, 973i, 973j
of this title.
