Eastern Pacific Tuna Licensing Act of 1984
PL 98-445 (H.R.5147), enacted 10/04/1984

PUBLIC LAW 98-445—OCT. 4, 1984 
98 STAT. 1715 
Public Law 98-445 
98th Congress 
An Act 
To implement the Eastern Pacific Ocean Tuna Fishing Agreement, signed in San 
Oct. 4, 1984 
Jose, Costa Rica, March 15, 1983. 
[H.R. 5147] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
Eastern Pacific 
be cited as the "Eastern Pacific Tuna Licensing Act of 1984'\ 
T""^.¥^^?^^"^ 
Act of 1984. 
SEC. 2. DEFINITIONS. 
16 USC 972 note. 
As used in this Act— 
(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 main-
land 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 longi-
tude, 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 longi-
tude, thence southerly along the meridian of 120 degrees west 
longitude to 5 degrees north latitude by 120 degrees west longi-
tude, thence easterly along the parallel of 5 degrees north 
latitude to 5 degrees north latitude by 110 degrees west longi-
tude, 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 longi-
tude, thence southerly along the meridian of 90 degrees west 
longitude to 30 degrees south latitude by 90 degrees west longi-
tude, thence easterly along the parallel of 30 degrees south 
latitude to the point on the mainland where the parallel inter-
sects 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, Thun-
nus obesus (Lowe, 1839); albacore tuna, Thunnus alalunga 
(Bonnaterre, 1788); northern bluefin tuna, Thunnus thynnus 
(Linnaeus, 1758); southern bluefin tuna, Thunnus maccoyil (Cas-
telnau, 1872); skipjack tuna, Katsuwonus pelamis (Linnaeus 
1578); black skipjack, Euthynnus Lineatus (Kishinouye 1920); 
kawakawa, Euthynnus afflnis (Cantor, 1849); bullet tuna, Auxis 
rochei (Risso, 1810), frigate tuna, Ausix thazard (Lacepede, 
1800); eastern Pacific bonito, Sarda chiliensis (Cuvier in Cuvier 
16 USC 972. 
98 STAT. 1716 
PUBLIC LAW 98-445—OCT. 4, 1984 
and Valenciennes, 1831); and Indo-Paciflc bonito, Sarda orienta-
lis (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. 
16 u s e 972a. 
SEC. 3. UNITED STATES REPRESENTATION ON THE COUNCIL. 
(a) The Secretary of S t a t e -
C
D shall appoint a United States representative to the Coun-
cil; and 
(2) may appoint not more than three alternate United States 
representatives to the Council. 
Government 
(b) An individual is not eligible for appointment as, or to serve as, 
organization and the United States representative under subsection (a)(1) unless the 
employees. 
individual is an officer or employee of the United States Govern-
ment. 
(c) An individual is not entitled to compensation for serving as the 
United States representative or an alternate United States repre-
sentative. 
(d) 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 Govern-
ment service are allowed expenses under section 5703(b) of title 5 of 
the United States Code. 
16 u s e 972b. 
SEC. 4. SECRETARY OF STATE TO ACT FOR THE 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 Secre-
tary of Commerce, shall act directly thereon or by reference to the 
appropriate authorities. 
16 u s e 972c. 
SEC. 5. APPLICATION TO OTHER LAWS. 
(a) Notwithstanding section 4 of the Fishermen's Protective Act of 
Ante, p. 444. 
1967 (22 U.S.C. 1874), such Act applies with respect to a seizure by a 
22 use 1974. 
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 205(a)(4)(C) of the Magnuson Fishery Conserva-
tion and Management Act (16 U.S.C. 1825(a)(4)(C)) if the seizure is 
consistent with the Agreement. 
16USC972d. 
SEC. 6. DISPOSITION OF FEES. 
All fees accruing to the United States under Article III of the 
Agreement shall be deposited into the Treasury of the United 
States. 
16 u s e 972e. 
SEC. 7. 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 
PUBLIC LAW 98-445—OCT. 4, 1984 
98 STAT. 1717 
carry out the purposes and objectives of the Agreement and this Act. 
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. 
SEC. 8. PROHIBITED ACTS. 
16 USC 972f. 
(a) 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 Agree-
ment authorizing such fishing; 
(2) to engage in fishing for a designated species of tuna within 
the Agreement area in contravention of regulations promul-
gated 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 7; 
(4) to fail to make, keep, or furnish any catch return, statisti-
cal record, or other report required by regulations issued under 
section 7; 
(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 7, any designated species of tuna. 
(b) Any person who is convicted of violating— 
(1) subsection (a)(1), (a)(2), or (a)(3) 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) 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) shall be fined or assessed a civil penalty 
not more than $100,000. 
(c) All designated species of tuna taken or retained in violation of 
subsection (a) (1), (2), (3), or (6), or the monetary value thereof, is 
subject to forfeiture. 
(d) 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 sei-
zures and forfeitures incurred, or alleged to have been incurred, 
under this Act, insofar as such provisions of law are applicable and 
not inconsistent with the provisions of this Act. 
SEC. 9. ENFORCEMENT. 
(a) The judges of the United States district courts and United 
Courts, U.S. 
States magistrates may, within their respective jurisdictions, upon 
16 USC 972g. 
98 STAT. 1718 
PUBLIC LAW 98-445—OCT. 4, 1984 
proper oath or affirmation showing probable cause, issue such war-
rants or other process as may be required for enforcement of this 
Act and the regulations issued under section 7. 
(b) The enforcement of this Act and the regulations issued under 
section 7 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 Com-
merce may designate officers and employees of the States of the 
United States, of the Commonwealth of Puerto Rico, and of Ameri-
can 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) 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 Act. 
(d) 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 Act or the regulations 
issued under section 7; 
(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 Act or any regulation issued thereunder to 
arrest such person. 
(e) An individual authorized to enforce this Act may seize, when-
ever or wherever lawfully found, all species of designated tuna 
taken or retained in violation of this Act or the regulations issued 
under section 7. 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 regula-
tions of the Secretary of Commerce. 
(f) Notwithstanding the provisions of section 2464 of title 28, 
United States Code, 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, condi-
tioned to deliver the species seized, if condemned, without impair-
ment 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 
Marketing. 
determined by the court. In the discretion of the accused, and 
PUBLIC LAW 98-445—OCT. 4, 1984 
98 STAT. 1719 
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. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
16 USC 972h. 
There are authorized to be appropriated for fiscal years after 
fiscal year 1984 such sums as may be necessary to carry out this Act. 
Approved October 4, 1984. 
LEGISLATIVE HISTORY—H.R. 5147: 
HOUSE REPORT No. 98-721 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORT No. 98-559 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Apr. 30, May 1, considered and passed House. 
Sept. 21, considered and passed Senate.