dreamproit/uscode huggingface dataset:
16 U.S.C. § 962 (CONSERVATION)
§ 962. Reduction of bycatch in eastern tropical Pacific Ocean
The Secretary of State, in consultation with the Secretary of Commerce and acting through the United States Commissioners, shall seek, in cooperation with other nations whose vessel 1 fish for tuna in the eastern tropical Pacific Ocean, to establish standards and measures for a bycatch reduction program for vessels fishing for yellowfin tuna in the eastern tropical Pacific Ocean. The bycatch reduction program shall include measures—
(1) to require, to the maximum extent practicable, that sea turtles and other threatened species and endangered species are released alive;
(2) to reduce, to the maximum extent practicable, the harvest of nontarget species;
(3) to reduce, to the maximum extent practicable, the mortality of nontarget species; and
(4) to reduce, to the maximum extent practicable, the mortality of juveniles of the target species.
(Sept. 7, 1950, ch. 907, § 15, as added Pub. L. 105–42, § 7(c), Aug. 15, 1997, 111 Stat. 1138.)
heading: Codification
text: Section 7(c) of Pub. L. 105–42, which directed the addition of this section at the end of the Tuna Conventions Act, was executed by adding this section at the end of the Tuna Conventions Act of 1950, to reflect the probable intent of Congress.
heading: Effective Date
text: Section effective upon certification by Secretary of Commerce that sufficient funding is available to complete first year of study required by section 1414a(a) of this title and that study has commenced, and certification by Secretary of State to Congress that binding resolution of Inter-American Tropical Tuna Commission or other legally binding instrument establishing International Dolphin Conservation Program has been adopted and is in force, see section 8 of Pub. L. 105–42, set out as an Effective Date of 1997 Amendment note under section 1362 of this title.
16 U.S.C. § 971j (CONSERVATION)
§ 971j. Annual report
Not later than April 1, 1996, and annually thereafter, the Secretary shall prepare and transmit to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report, that—
(1) details for the previous 10-year period the catches and exports to the United States of highly migratory species (including tunas, swordfish, marlin and sharks) from Nations fishing on Atlantic stocks of such species that are subject to management by the Commission;
(2) identifies those fishing Nations whose harvests are inconsistent with conservation and management recommendations of the Commission;
(3) describes reporting requirements established by the Secretary to ensure that imported fish products are in compliance with all international management measures, including minimum size requirements, established by the Commission and other international fishery organizations to which the United States is a party; and
(4) describes actions taken by the Secretary under section 971d of this title.
(Pub. L. 94–70, § 11, as added Pub. L. 104–43, title III, § 308, Nov. 3, 1995, 109 Stat. 386; amended Pub. L. 105–384, title II, § 202(b)(1)(E), Nov. 13, 1998, 112 Stat. 3453.)
heading: Prior Provisions
text: A prior section 11 of Pub. L. 94–70 was renumbered section 13 and is set out as a Separability note under section 971 of this title.
heading: Amendments
text: 1998—Pub. L. 105–384 made technical amendment to style of heading and section designation in original act.
heading: Change of Name
text: Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
16 U.S.C. § 971k (CONSERVATION)
§ 971k. Savings clause
Nothing in this chapter shall have the effect of diminishing the rights and obligations of any Nation under Article VIII(3) of the Convention.
(Pub. L. 94–70, § 12, as added Pub. L. 104–43, title III, § 308, Nov. 3, 1995, 109 Stat. 387; amended Pub. L. 105–384, title II, § 202(b)(1)(E), Nov. 13, 1998, 112 Stat. 3453.)
heading: Amendments
text: 1998—Pub. L. 105–384 made technical amendment to style of heading and section designation in original act.
16 U.S.C. § 972a (CONSERVATION)
§ 972a. United States representation on the Council
(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.
(Pub. L. 98–445, § 3, Oct. 4, 1984, 98 Stat. 1716.)
heading: References in Text
text: Section 5703 of title 5, referred to in subsec. (d), was amended generally by Pub. L. 94–22, § 4, May 19, 1975, 89 Stat. 85, and, as so amended, does not contain a subsec. (b).
16 U.S.C. § 972b (CONSERVATION)
§ 972b. Secretary of State to act for United States
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.
(Pub. L. 98–445, § 4, Oct. 4, 1984, 98 Stat. 1716.)
16 U.S.C. § 972c (CONSERVATION)
§ 972c. Application to other laws
(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.
(Pub. L. 98–445, § 5, Oct. 4, 1984, 98 Stat. 1716; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)
heading: References in Text
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 (§ 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.
heading: Amendments
text: 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.
heading: Effective Date of 1996 Amendment
text: Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.
16 U.S.C. § 972e (CONSERVATION)
§ 972e. Regulations
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.
(Pub. L. 98–445, § 7, Oct. 4, 1984, 98 Stat. 1716.)
heading: Transfer of Functions
text: 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.
16 U.S.C. § 972f (CONSERVATION)
§ 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;
(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, § 8, Oct. 4, 1984, 98 Stat. 1717.)
16 U.S.C. § 973a (CONSERVATION)
§ 973a. Application to other laws
The seizure by a Pacific Island Party of a vessel of the United States shall not be determined to be a seizure described in section 1825(a)(4)(C) of this title or section 1972 of title 22 if the seizure is found by the Secretary of State to be in accordance with the provisions of the Treaty.
(Pub. L. 100–330, § 3, June 7, 1988, 102 Stat. 592; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)
heading: Amendments
text: 1996—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.
heading: Effective Date of 1996 Amendment
text: Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.
16 U.S.C. § 973b (CONSERVATION)
§ 973b. Regulations
The Secretary of Commerce, with the concurrence of the Secretary of State and after consultation with the Secretary of the department in which the Coast Guard is operating, shall issue regulations as may be necessary to carry out the purposes and objectives of the Treaty and this chapter. These regulations shall be made applicable as necessary to all persons and vessels subject to the jurisdiction of the United States, wherever located.
(Pub. L. 100–330, § 4, June 7, 1988, 102 Stat. 592.)
heading: Effective Date
text: Authority to promulgate regulations effective on June 7, 1988, with any such regulation not to be effective before date on which Treaty enters into force for the United States, see section 21 of Pub. L. 100–330, set out as an Effective Date note under section 973 of this title.
heading: Transfer of Functions
text: 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.
16 U.S.C. § 973d (CONSERVATION)
§ 973d. Exceptions
(a) The prohibitions of section 973c of this title and the licensing requirements of section 973g of this title shall not apply to fishing for albacore tuna by vessels using the trolling method or to fishing by vessels using the longline method in the high seas areas of the Treaty area.
(b) The prohibitions of section 973c(a)(4), (a)(5), and (b)(3) of this title shall not apply to fishing under the terms and conditions of an arrangement which has been reached under paragraph 3 of Article 3 of the Treaty and which, pursuant to a decision by the Secretary of State under section 973p of this title, is covered by Article 4 and paragraph 6 of Article 5 of the Treaty.
(Pub. L. 100–330, § 6, June 7, 1988, 102 Stat. 594; Pub. L. 108–219, title IV, § 402, Apr. 13, 2004, 118 Stat. 617.)
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–219 substituted “or to fishing by vessels using the longline method in the high seas areas of the Treaty area” for “outside of the 200 nautical mile fisheries zones of the Pacific Island Parties”.
16 U.S.C. § 973e (CONSERVATION)
§ 973e. Criminal offenses
(a) Prohibited acts
A person is guilty of a criminal offense if he or she commits any act prohibited by section 973c(a)(8), (10), (11), or (12) of this title.
(b) Sentence and fine
Any offense described in subsection (a) of this section is punishable by a fine of not more than $50,000, or imprisonment for not more than 6 months, or both; except that if in the commission of any such offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any Authorized Officer, Authorized Party Officer, or observer under the Treaty in the conduct of their duties, or places any such Authorized Officer, Authorized Party Officer, or observer in fear of imminent bodily injury, the offense is punishable by a fine of not more than $100,000 or imprisonment for not more than 10 years, or both.
(c) Jurisdiction
The district courts of the United States shall have jurisdiction over any offense described in this section.
(Pub. L. 100–330, § 7, June 7, 1988, 102 Stat. 594.)
16 U.S.C. § 973j (CONSERVATION)
§ 973j. Reporting requirements; disclosure of information
(a) Holders of licenses shall comply with the reporting requirements of part 4 of Annex I to the Treaty.
(b) Information provided by license holders in Schedules 5 and 6 of Annex I of the Treaty shall be provided to the Secretary for transmittal to the Administrator and to an entity designated by the license holder. Such information thereafter shall not be released and shall be maintained as confidential by the Secretary, including information requested under the Freedom of Information Act [5 U.S.C. 552], unless disclosure is required under court order or unless the information is essential for an enforcement action under section 973c, 973h(b), 973h(c), or 973i of this title, or any other proper law enforcement action.
(Pub. L. 100–330, § 12, June 7, 1988, 102 Stat. 599.)
16 U.S.C. § 973k (CONSERVATION)
§ 973k. Closed Area stowage requirements
At all times while a vessel is in a Closed Area, the fishing gear of the vessel shall be stowed in such a manner as not to be readily available for fishing. In particular, the boom shall be lowered as far as possible so that the vessel cannot be used for fishing, but so that the skiff is accessible for use in emergency situations; the helicopter, if any, shall be tied down; and launches shall be secured.
(Pub. L. 100–330, § 13, June 7, 1988, 102 Stat. 599.)
16 U.S.C. § 973l (CONSERVATION)
§ 973l. Observers
(a) Required access and assistance; scope of authorities
The operator and each member of the crew of a vessel shall allow and assist any individual identified as an observer under the Treaty by the Pacific Island Parties—
(1) to board the vessel for scientific, compliance, monitoring and other functions at the point and time notified by the Pacific Island Parties to the Secretary;
(2) without interfering unduly with the lawful operation of the vessel, to have full access to and use of facilities and equipment on board the vessel which the observer may determine are necessary to carry out observer duties; have full access to the bridge, fish on board, and areas which may be used to hold, process, weigh, and store fish; remove samples; have full access to the vessel’s records, including its log and documentation for the purpose of inspection and copying; and gather any other information relating to fisheries in the Licensing Area;
(3) to disembark at the point and time notified by the Pacific Island Parties to the Secretary; and
(4) to carry out observer duties safely.
(b) Free provision of food, etc., while on vessel
The operator shall provide any such observer, while on board the vessel, at no expense to the Pacific Island Parties, with food, accommodation, and medical facilities of such reasonable standard as may be acceptable to the Pacific Island Party whose representative is serving as the observer.
(c) Removal of fish samples and gathering of other information relating to fisheries
The operator of any vessel from which any fish taken in the Licensing Area is unloaded shall allow, or arrange for, and assist any individual so authorized by the Pacific Island Parties to have full access to any place where such fish is unloaded, to remove samples, and to gather any other information relating to fisheries in the Licensing Area.
(Pub. L. 100–330, § 14, June 7, 1988, 102 Stat. 599.)
16 U.S.C. § 973m (CONSERVATION)
§ 973m. Technical assistance
The United States tuna industry shall provide $250,000 annually in technical assistance, including provision of assistance by technicians, in response to requests coordinated through the Administrator. The Secretary of State shall designate an entity to coordinate the provision of such technical assistance as provided by the United States tuna industry and to provide an annual report to the Secretary of State regarding the provision of such technical assistance.
(Pub. L. 100–330, § 15, June 7, 1988, 102 Stat. 600.)
16 U.S.C. § 973n (CONSERVATION)
§ 973n. Arbitration
In the event of a dispute requiring the establishment of an arbitral tribunal under Article 6 of the Treaty, the Secretary of State, in consultation with the Secretary, shall appoint the arbitrator to be appointed by the United States under paragraph 3 of that Article, and shall represent the United States in reaching agreement under such paragraph with each Pacific Island Party involved concerning the appointment of the presiding arbitrator of the tribunal.
(Pub. L. 100–330, § 16, June 7, 1988, 102 Stat. 600.)
16 U.S.C. § 973o (CONSERVATION)
§ 973o. Disposition of fees, penalties, forfeitures, and other moneys
To the extent required by Article 4 of the Treaty, an amount equivalent to the total value of any fine, penalty, or other amount collected as a result of any action, judicial or otherwise, taken pursuant to sections 973e and 973f of this title shall be paid by the United States through the Secretary of State to the Administrator as soon as reasonably possible following the date that such amount is collected.
(Pub. L. 100–330, § 17, June 7, 1988, 102 Stat. 600.)
16 U.S.C. § 973p (CONSERVATION)
§ 973p. Additional agreements
Within 30 days after the Secretary of State’s receipt of notice from a Pacific Island Party that it has concluded an arrangement pursuant to paragraph 3 of Article 3 of the Treaty, the Secretary of State shall consult with the Secretary concerning whether the procedures of Article 4 and paragraph 6 of Article 5 of the Treaty should be made applicable to such arrangement. At the conclusion of the consultations the Pacific Island Party and all other persons agreeing to the arrangement shall be notified by the Secretary of State of the resulting decision.
(Pub. L. 100–330, § 18, June 7, 1988, 102 Stat. 600.)
16 U.S.C. § 973r (CONSERVATION)
§ 973r. Authorization of appropriations
(a) There are authorized to be appropriated for fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002 such sums as may be necessary for carrying out the purposes and provisions of the Treaty and this chapter including—
(1) for fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002, an amount not to exceed $350,000 annually to the Department of Commerce for administrative expenses; and
(2) for fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002, an amount not to exceed $50,000 annually to the Department of State for administrative expenses.
(b) Funds appropriated for the purposes of the Treaty may be used notwithstanding any of the provisions of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or of any appropriations Act that imposes restrictions on the maintenance or use of cash transfer assistance, which are inconsistent with the provisions of the Treaty.
(Pub. L. 100–330, § 20, June 7, 1988, 102 Stat. 601; Pub. L. 102–523, § 3(b), Oct. 26, 1992, 106 Stat. 3433.)
heading: References in Text
text: The Foreign Assistance Act of 1961, referred to in subsec. (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as amended, which is classified principally to chapter 32 (§ 2151 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 2151 of Title 22 and Tables.
heading: Amendments
text: 1992—Subsec. (a). Pub. L. 102–523 substituted “1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002” for “1988, 1989, 1990, 1991, and 1992” in three places.