-CITE-
    16 USC CHAPTER 16B - EASTERN PACIFIC TUNA FISHING           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 16B - EASTERN PACIFIC TUNA FISHING

-HEAD-
                CHAPTER 16B - EASTERN PACIFIC TUNA FISHING            

-MISC1-
    Sec.                                                     
    972.        Definitions.                                          
    972a.       United States representation on the Council.          
    972b.       Secretary of State to act for United States.          
    972c.       Application to other laws.                            
    972d.       Disposition of fees.                                  
    972e.       Regulations.                                          
    972f.       Prohibited acts.                                      
    972g.       Enforcement.                                          
    972h.       Authorization of appropriations.                      

-End-



-CITE-
    16 USC Sec. 972                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 16B - EASTERN PACIFIC TUNA FISHING

-HEAD-
    Sec. 972. Definitions

-STATUTE-
      As used in this chapter - 
        (1) The term "Agreement" means the Eastern Pacific Ocean Tuna
      Fishing Agreement, signed in San Jose, Costa Rica, March 15,
      1983.
        (2) The term "Agreement Area" means the area within a perimeter
      determined as follows: From the point on the mainland where the
      parallel of 40 degrees north latitude intersects the coast
      westward along the parallel of 40 degrees north latitude to 40
      degrees north latitude by 125 degrees west longitude, thence
      southerly along the meridian of 125 degrees west longitude to 20
      degrees north latitude by 125 degrees west longitude, thence
      easterly along the parallel of 20 degrees north latitude to 20
      degrees north latitude by 120 degrees west longitude, thence
      southerly along the meridian of 120 degrees west longitude to 5
      degrees north latitude by 120 degrees west longitude, thence
      easterly along the parallel of 5 degrees north latitude to 5
      degrees north latitude by 110 degrees west longitude, thence
      southerly along the meridian of 110 degrees west longitude to 10
      degrees south latitude by 110 degrees west longitude, thence
      easterly along the parallel of 10 degrees south latitude to 10
      degrees south latitude by 90 degrees west longitude, thence
      southerly along the meridian of 90 degrees west longitude to 30
      degrees south latitude by 90 degrees west longitude, thence
      easterly along the parallel of 30 degrees south latitude to the
      point on the mainland where the parallel intersects the coast;
      but the Agreement Area does not include the zones within twelve
      nautical miles of the baseline from which the breadth of
      territorial sea is measured and the zones within two hundred
      nautical miles of the baselines of Coastal States not signatories
      to the Agreement, measured from the same baseline.
        (3) The term "designated species of tuna" means yellowfin tuna,
      Thunnus albacares (Bonnaterre, 1788); bigeye tuna, Thunnus obesus
      (Lowe, 1839); albacore tuna, Thunnus alalunga (Bonnaterre, 1788);
      northern bluefin tuna, Thunnus thynnus (Linnaeus, 1758); southern
      bluefin tuna, Thunnus maccoyil (Castelnau, 1872); skipjack tuna,
      Katsuwonus pelamis (Linnaeus (!1) 1578); black skipjack,
      Euthynnus Lineatus (Kishinouye (!1) 1920); kawakawa, Euthynnus
      affinis (Cantor, 1849); bullet tuna, Auxis rochei (Risso,
      1810),(!2) frigate tuna, Ausix (!3) thazard (Lacepede, 1800);
      eastern Pacific bonito, Sarda chiliensis (Cuvier in Cuvier and
      Valenciennes, 1831); and Indo-Pacific bonito, Sarda orientalis
      (Temminck and Schlegel, 1844).



        (4) The term "Council" means the body consisting of the
      representatives from each Contracting Party to the Agreement
      which is a Coastal State of the eastern Pacific Ocean or a member
      of the Inter-American Tropical Tuna Commission at the time of
      entry into force of the Agreement.

-SOURCE-
    (Pub. L. 98-445, Sec. 2, Oct. 4, 1984, 98 Stat. 1715.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 98-445 provided: "That this Act [enacting
    this chapter] may be cited as the 'Eastern Pacific Tuna Licensing
    Act of 1984'."


-EXEC-
                     TERRITORIAL SEA OF UNITED STATES                 
      For extension of territorial sea of United States, see Proc. No.
    5928, set out as a note under section 1331 of Title 43, Public
    Lands.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.

    (!2) So in original. The comma probably should be a semicolon.

    (!3) So in original. Probably should be "Auxis".


-End-



-CITE-
    16 USC Sec. 972a                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 16B - EASTERN PACIFIC TUNA FISHING

-HEAD-
    Sec. 972a. United States representation on the Council

-STATUTE-
    (a) Appointment by Secretary of State
      The Secretary of State - 
        (1) shall appoint a United States representative to the
      Council; and
        (2) may appoint not more than three alternate United States
      representatives to the Council.
    (b) Qualification
      An individual is not eligible for appointment as, or to serve as,
    the United States representative under subsection (a)(1) of this
    section unless the individual is an officer or employee of the
    United States Government.
    (c) Compensation
      An individual is not entitled to compensation for serving as the
    United States representative or an alternate United States
    representative.
    (d) Travel expenses
      While away from home or a regular place of business in the
    performance of service as the United States representative or an
    alternate United States representative, an individual is entitled
    to travel expenses, including per diem in lieu of subsistence, in
    the same manner as individuals employed intermittently in
    Government service are allowed expenses under section 5703(b) (!1)
    of title 5.


-SOURCE-
    (Pub. L. 98-445, Sec. 3, Oct. 4, 1984, 98 Stat. 1716.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5703 of title 5, referred to in subsec. (d), was amended
    generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat. 85, and,
    as so amended, does not contain a subsec. (b).

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    16 USC Sec. 972b                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 16B - EASTERN PACIFIC TUNA FISHING

-HEAD-
    Sec. 972b. Secretary of State to act for United States

-STATUTE-
      The Secretary of State shall receive, on behalf of the United
    States Government, reports, requests, recommendations and other
    communications of the Council, and, in consultation with the
    Secretary of Commerce, shall act directly thereon or by reference
    to the appropriate authorities.

-SOURCE-
    (Pub. L. 98-445, Sec. 4, Oct. 4, 1984, 98 Stat. 1716.)

-End-



-CITE-
    16 USC Sec. 972c                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 16B - EASTERN PACIFIC TUNA FISHING

-HEAD-
    Sec. 972c. Application to other laws

-STATUTE-
      (a) Notwithstanding section 4 of the Fishermen's Protective Act
    of 1967 [22 U.S.C. 1974], such Act [22 U.S.C. 1971 et seq.] applies
    with respect to a seizure by a Contracting Party to the Agreement
    of a vessel of the United States within the Agreement Area for
    violation of the Agreement if the Secretary of State determines
    that the violation is not of such seriousness as to diminish the
    effectiveness of the Agreement.
      (b) The seizure by a Contracting Party to the Agreement of a
    vessel of the United States shall not be considered to be a seizure
    described in section 1825(a)(4)(C) of this title if the seizure is
    consistent with the Agreement.

-SOURCE-
    (Pub. L. 98-445, Sec. 5, Oct. 4, 1984, 98 Stat. 1716; Pub. L. 104-
    208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept.
    30, 1996, 110 Stat. 3009, 3009-41.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Fishermen's Protective Act of 1967, referred to in subsec.
    (a), is act Aug. 27, 1954, ch. 1018, 68 Stat. 883, as amended,
    which is classified generally to chapter 25 (Sec. 1971 et seq.) of
    Title 22, Foreign Relations and Intercourse. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1971 of Title 22 and Tables.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-208 made technical amendment to
    reference in original act which appears in text as reference to
    section 1825(a)(4)(C) of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-
    208 provided that the amendment made by that section is effective
    15 days after Oct. 11, 1996.

-End-



-CITE-
    16 USC Sec. 972d                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 16B - EASTERN PACIFIC TUNA FISHING

-HEAD-
    Sec. 972d. Disposition of fees

-STATUTE-
      All fees accruing to the United States under Article III of the
    Agreement shall be deposited into the Treasury of the United
    States.

-SOURCE-
    (Pub. L. 98-445, Sec. 6, Oct. 4, 1984, 98 Stat. 1716.)

-End-



-CITE-
    16 USC Sec. 972e                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 16B - EASTERN PACIFIC TUNA FISHING

-HEAD-
    Sec. 972e. Regulations

-STATUTE-
      The Secretary of Commerce, in cooperation with the Secretary of
    State and the Secretary of the department in which the Coast Guard
    is operating, shall issue such regulations as may be necessary to
    carry out the purposes and objectives of the Agreement and this
    chapter. Regulations may be made applicable as necessary to all
    persons and vessels subject to the jurisdiction of the United
    States, wherever located. Regulations concerning the conservation
    of a designated species of tuna may be issued only to implement
    conservation recommendations made by the Council under Article 3(D)
    of the Agreement.

-SOURCE-
    (Pub. L. 98-445, Sec. 7, Oct. 4, 1984, 98 Stat. 1716.)


-TRANS-
                           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.

-End-



-CITE-
    16 USC Sec. 972f                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 16B - EASTERN PACIFIC TUNA FISHING

-HEAD-
    Sec. 972f. Prohibited acts

-STATUTE-
    (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;

        (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.

-SOURCE-
    (Pub. L. 98-445, Sec. 8, Oct. 4, 1984, 98 Stat. 1717.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The customs laws, referred to in subsec. (d), are classified
    generally to Title 19, Customs Duties.

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-



-CITE-
    16 USC Sec. 972g                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 16B - EASTERN PACIFIC TUNA FISHING

-HEAD-
    Sec. 972g. Enforcement

-STATUTE-
    (a) Warrants
      The judges of the United States district courts and United States
    magistrate judges may, within their respective jurisdictions, upon
    proper oath or affirmation showing probable cause, issue such
    warrants or other process as may be required for enforcement of
    this chapter and the regulations issued under section 972e of this
    title.
    (b) Joint responsibility for enforcement
      The enforcement of this chapter and the regulations issued under
    section 972e of this title shall be the joint responsibility of the
    department in which the Coast Guard is operating, the Department of
    Commerce, and the United States Customs Service. In addition, the
    Secretary of Commerce may designate officers and employees of the
    States of the United States, of the Commonwealth of Puerto Rico,
    and of American Samoa to carry out enforcement activities under
    this section. When so designated, such officers and employees may
    function as Federal law enforcement agents for these purposes.
    (c) Execution of warrants and process
      An individual authorized to carry out enforcement activities
    under this section has power to execute any warrant or process
    issued by any officer or court of competent jurisdiction for the
    enforcement of this chapter.
    (d) Arrest; search
      An individual so authorized to carry out enforcement activities
    under this section has power - 
        (1) with or without a warrant or other process, to arrest any
      person subject to the jurisdiction of the United States at any
      place within the jurisdiction of the United States committing in
      his presence or view a violation of this chapter or the
      regulations issued under section 972e of this title;
        (2) with or without a warrant or other process, to search any
      vessel subject to the jurisdiction of the United States, and, if,
      as a result of the search he has reasonable cause to believe that
      such vessel or any individual on board is engaging in operations
      in violation of this chapter or any regulation issued thereunder
      to arrest such person.
    (e) Seizure
      An individual authorized to enforce this chapter may seize,
    whenever or wherever lawfully found, all species of designated tuna
    taken or retained in violation of this chapter or the regulations
    issued under section 972e of this title. Any species so seized may
    be disposed of pursuant to the order of a court of competent
    jurisdiction, under subsection (f) of this section or, if
    perishable, in a manner prescribed by regulations of the Secretary
    of Commerce.
    (f) Bond or stipulation for value of the property
      Notwithstanding the provisions of section 2464 of title 28, when
    a warrant of arrest or other process in rem is issued in any cause
    under this section, the marshal or other officer shall stay the
    execution of such process, or discharge any species of designated
    tuna seized if the process has been levied, on receiving from the
    claimant of the species a bond or stipulation for the value of the
    property with sufficient surety to be approved by a judge of the
    district court having jurisdiction of the offense, conditioned to
    deliver the species seized, if condemned, without impairment in
    value or, in the discretion of the court, to pay its equivalent
    value in money or otherwise to answer the decree of the court in
    such cause. Such bond or stipulation shall be returned to the court
    and judgment thereon against both the principal and sureties may be
    recovered in event of any breach of the conditions thereof as
    determined by the court. In the discretion of the accused, and
    subject to the direction of the court, the species may be sold for
    not less than its reasonable market value and the proceeds of such
    sale placed in the registry of the court pending judgment in the
    case.

-SOURCE-
    (Pub. L. 98-445, Sec. 9, Oct. 4, 1984, 98 Stat. 1717; Pub. L. 101-
    650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States magistrate judges" substituted for "United States
    magistrates" in subsec. (a) pursuant to section 321 of Pub. L. 101-
    650, set out as a note under section 631 of Title 28, Judiciary
    and Judicial Procedure.


-TRANS-
                           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.
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 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.

-End-



-CITE-
    16 USC Sec. 972h                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 16B - EASTERN PACIFIC TUNA FISHING

-HEAD-
    Sec. 972h. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated for fiscal years after
    fiscal year 1984 such sums as may be necessary to carry out this
    chapter.

-SOURCE-
    (Pub. L. 98-445, Sec. 10, Oct. 4, 1984, 98 Stat. 1719.)

-End-