US (United States) Code. Title 16. Chapter 16A: Atlantic Tunas Convention

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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-CITE-

16 USC CHAPTER 16 - TUNA CONVENTIONS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16 - TUNA CONVENTIONS

.

-HEAD-

CHAPTER 16 - TUNA CONVENTIONS

-MISC1-

Sec.

951. Definitions.

952. Commissioners; number, appointment, and qualification.

953. General Advisory Committee and Scientific Advisory

Subcommittee.

(a) Appointments; public participation; compensation.

(b) Functions.

954. Repealed.

955. Secretary of State to act for United States.

(a) Approval of commission bylaws and rules; action

on reports, requests, and recommendations.

(b) Regulations.

(c) Rulemaking procedures; prohibitions.

956. Inspection of returns, records, or other reports.

957. Violations; fines and forfeitures; application of related

laws.

958. Cooperation with other agencies.

(a) Coordination of programs.

(b) Scientific and other programs; facilities and

personnel.

(c) Facilities and personnel to non-Federal agencies.

959. Enforcement of chapter.

(a) Issuance of process.

(b) Federal law enforcement agents.

(c) Execution of process.

(d) Arrests.

(e) Seizures and disposition of fish.

(f) Security.

960. Commissions' functions not restrained by this chapter or State

laws.

961. Authorization of appropriations.

962. Reduction of bycatch in eastern tropical Pacific Ocean.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3377 of this title.

-CITE-

16 USC Sec. 951 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 16 - TUNA CONVENTIONS

-HEAD-

Sec. 951. Definitions

-STATUTE-

As used in this chapter, the term -

(a) ''convention'' includes (1) the Convention for the

Establishment of an International Commission for the Scientific

Investigation of Tuna, signed at Mexico City, January 25, 1949,

by the United States of America and the United Mexican States,

(2) the Convention for the Establishment of an Inter-American

Tropical Tuna Commission, signed at Washington, May 31, 1949, by

the United States of America and the Republic of Costa Rica, or

both such conventions, as the context requires;

(b) ''commission'' includes (1) the International Commission

for the Scientific Investigation of Tuna, (2) the Inter-American

Tropical Tuna Commission provided for by the conventions referred

to in subsection (a) of this section, or both such commissions,

as the context requires;

(c) ''United States Commissioners'' means the members of the

commissions referred to in subsection (b) of this section

representing the United States of America and appointed pursuant

to the terms of the pertinent convention and section 952 of this

title;

(d) ''person'' means every individual, partnership,

corporation, and association subject to the jurisdiction of the

United States; and

(e) ''United States'' shall include all areas under the

sovereignty of the United States, the Trust Territory of the

Pacific Islands, and the Canal Zone.

-SOURCE-

(Sept. 7, 1950, ch. 907, Sec. 2, 64 Stat. 777; Pub. L. 87-814, Sec.

1, Oct. 15, 1962, 76 Stat. 923.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (e), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

-MISC2-

AMENDMENTS

1962 - Subsec. (e). Pub. L. 87-814 substituted definition of

''United States'' for definition of ''enforcement agency''.

EFFECTIVE DATE

Section 14 of act Sept. 7, 1950, provided: ''This Act (this

chapter) shall take effect with respect to each of the conventions

upon the entry into force of that convention, unless such entry

into force shall be prior to the date of approval of this Act

(Sept. 7, 1950) in which case this Act (this chapter) shall take

effect immediately.'' The Costa Rican convention was ratified on

March 3, 1950, and the Mexican convention on July 11, 1950.

Therefore, the act took effect upon its approval on Sept. 7, 1950.

SHORT TITLE

Section 1 of act Sept. 7, 1950, provided: ''That this Act

(enacting this chapter) may be cited as the 'Tuna Conventions Act

of 1950'.''

SEPARABILITY

Section 13 of act Sept. 7, 1950, provided: ''If any provision of

this Act (this chapter) or the application of such provision to any

circumstances or persons shall be held invalid, the validity of the

remainder of the Act and the applicability of such provision to

other circumstances or persons shall not be affected thereby.''

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC5-

LANDING OF CATCH OF FISH BY FOREIGN VESSELS

Section 6 of Pub. L. 87-814 provided that: ''Nothing in this Act

(amending this section and sections 955 to 957, 959 of this title)

shall be construed to amend or repeal the provisions of section

4311 of the Revised Statutes, as amended (46 U.S.C. 251).''

-CITE-

16 USC Sec. 952 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 16 - TUNA CONVENTIONS

-HEAD-

Sec. 952. Commissioners; number, appointment, and qualification

-STATUTE-

The United States shall be represented on the two commissions by

a total of not more than four United States Commissioners, who

shall be appointed by the President, serve as such during his

pleasure, and receive no compensation for their services as such

Commissioners. Individuals serving as such Commissioners shall not

be considered to be Federal employees while performing such

service, except for purposes of injury compensation or tort claims

liability as provided in chapter 81 of title 5 and chapter 171 of

title 28. Of such Commissioners -

(a) not more than one shall be a person residing elsewhere than

in a State whose vessels maintain a substantial fishery in the

areas of the conventions;

(b) at least one of the Commissioners who are such legal

residents shall be a person chosen from the public at large, and

who is not a salaried employee of a State or of the Federal

Government;

(c) at least one shall be either the Administrator, or an

appropriate officer, of the National Marine Fisheries Service;

and

(d) at least one shall be chosen from a nongovernmental

conservation organization.

-SOURCE-

(Sept. 7, 1950, ch. 907, Sec. 3, 64 Stat. 777; 1970 Reorg. Plan No.

4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L.

102-523, Sec. 3(a)(1), Oct. 26, 1992, 106 Stat. 3433; Pub. L.

105-42, Sec. 7(a), Aug. 15, 1997, 111 Stat. 1137; Pub. L. 106-562,

title III, Sec. 302, Dec. 23, 2000, 114 Stat. 2806.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-562 inserted after first sentence

''Individuals serving as such Commissioners shall not be considered

to be Federal employees while performing such service, except for

purposes of injury compensation or tort claims liability as

provided in chapter 81 of title 5 and chapter 171 of title 28.''

1997 - Subsec. (c). Pub. L. 105-42, which directed the general

amendment of section 3(c) of the Tuna Convention Act, was executed

by making the amendment to subsec. (c) of this section, to reflect

the probable intent of Congress. Prior to amendment, subsec. (c)

read as follows: ''at least one shall be an officer of the

Department of Commerce; and''.

1992 - Par. (d). Pub. L. 102-523 added par. (d).

EFFECTIVE DATE OF 1997 AMENDMENT

For effective date of amendment by Pub. L. 105-42, see section 8

of Pub. L. 105-42, set out as a note under section 1362 of this

title.

ALTERNATE UNITED STATES COMMISSIONERS

Secretary of State authorized to designate Alternate United

States Commissioners, see sections 2672a and 2672b of Title 22,

Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 951, 1413 of this title.

-CITE-

16 USC Sec. 953 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16 - TUNA CONVENTIONS

-HEAD-

Sec. 953. General Advisory Committee and Scientific Advisory

Subcommittee

-STATUTE-

(a) Appointments; public participation; compensation

The Secretary, in consultation with the United States

Commissioners, shall -

(1) appoint a General Advisory Committee which shall be

composed of not less than 5 nor more than 15 persons with

balanced representation from the various groups participating in

the fisheries included under the conventions, and from

nongovernmental conservation organizations;

(2) appoint a Scientific Advisory Subcommittee which shall be

composed of not less than 5 nor more than 15 qualified scientists

with balanced representation from the public and private sectors,

including nongovernmental conservation organizations;

(3) establish procedures to provide for appropriate public

participation and public meetings and to provide for the

confidentiality of confidential business data; and

(4) fix the terms of office of the members of the General

Advisory Committee and Scientific Advisory Subcommittee, who

shall receive no compensation for their services as such members.

(b) Functions

(1) General Advisory Committee

The General Advisory Committee shall be invited to have

representatives attend all nonexecutive meetings of the United

States sections and shall be given full opportunity to examine

and to be heard on all proposed programs of investigations,

reports, recommendations, and regulations of the Commission. The

General Advisory Committee may attend all meetings of the

international commissions to which they are invited by such

commissions.

(2) Scientific Advisory Subcommittee

(A) Advice

The Scientific Advisory Subcommittee shall advise the General

Advisory Committee and the Commissioners on matters including -

(i) the conservation of ecosystems;

(ii) the sustainable uses of living marine resources

related to the tuna fishery in the eastern Pacific Ocean; and

(iii) the long-term conservation and management of stocks

of living marine resources in the eastern tropical Pacific

Ocean.

(B) Other functions and assistance

The Scientific Advisory Subcommittee shall, as requested by

the General Advisory Committee, the United States

Commissioners, or the Secretary, perform functions and provide

assistance required by formal agreements entered into by the

United States for this fishery, including the International

Dolphin Conservation Program. These functions may include -

(i) the review of data from the Program, including data

received from the Inter-American Tropical Tuna Commission;

(ii) recommendations on research needs, including

ecosystems, fishing practices, and gear technology research,

including the development and use of selective,

environmentally safe and cost-effective fishing gear, and on

the coordination and facilitation of such research;

(iii) recommendations concerning scientific reviews and

assessments required under the Program and engaging, as

appropriate, in such reviews and assessments;

(iv) consulting with other experts as needed; and

(v) recommending measures to assure the regular and timely

full exchange of data among the parties to the Program and

each nation's National Scientific Advisory Committee (or its

equivalent).

(3) Attendance at meetings

The Scientific Advisory Subcommittee shall be invited to have

representatives attend all nonexecutive meetings of the United

States sections and the General Advisory Subcommittee and shall

be given full opportunity to examine and to be heard on all

proposed programs of scientific investigation, scientific

reports, and scientific recommendations of the commission.

Representatives of the Scientific Advisory Subcommittee may

attend meetings of the Inter-American Tropical Tuna Commission in

accordance with the rules of such Commission.

-SOURCE-

(Sept. 7, 1950, ch. 907, Sec. 4, 64 Stat. 778; Pub. L. 102-523,

Sec. 3(a)(2), Oct. 26, 1992, 106 Stat. 3433; Pub. L. 105-42, Sec.

7(b), Aug. 15, 1997, 111 Stat. 1137.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-42 which directed insertion of catchline and

general amendment of text of section 4 of the Tuna Conventions Act,

was executed to this section, to reflect the probable intent of

Congress. Prior to amendment, text read as follows: ''The United

States Commissioners shall (a) appoint an advisory committee which

shall be composed of not less than five nor more than fifteen

persons who shall be selected from the various groups participating

in the fisheries included under the conventions, and from

nongovernmental conservation organizations, and (b) shall fix the

terms of office of the members of such committee, who shall receive

no compensation for their services as such members. The advisory

committee shall be invited to attend all nonexecutive meetings of

the United States sections and shall be given full opportunity to

examine and to be heard on all proposed programs of investigation,

reports, recommendations, and regulations of the commissions. The

advisory committee may attend all meetings of the international

commissions to which they are invited by such commissions.''

1992 - Pub. L. 102-523 inserted ''and from nongovernmental

conservation organizations,'' after ''under the conventions,''.

EFFECTIVE DATE OF 1997 AMENDMENT

For effective date of amendment by Pub. L. 105-42, see section 8

of Pub. L. 105-42, set out as a note under section 1362 of this

title.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 954 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16 - TUNA CONVENTIONS

-HEAD-

Sec. 954. Repealed. Pub. L. 92-471, title II, Sec. 203(b), Oct. 9,

1972, 86 Stat. 787

-MISC1-

Section, act Sept. 7, 1950, ch. 907, Sec. 5, 64 Stat. 778,

provided that service of individuals appointed as United States

Commissioners shall not be treated as service for the purposes of

certain sections of Title 18, Crimes and Criminal Procedure, and

Title 5, Government Organization and Employees.

-CITE-

16 USC Sec. 955 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16 - TUNA CONVENTIONS

-HEAD-

Sec. 955. Secretary of State to act for United States

-STATUTE-

(a) Approval of commission bylaws and rules; action on reports,

requests, and recommendations

The Secretary of State is authorized to approve or disapprove, on

behalf of the United States Government, bylaws and rules, or

amendments thereof, adopted by each commission and submitted for

approval of the United States Government in accordance with the

provisions of the conventions, and, with the concurrence of the

Secretary of Commerce, to approve or disapprove the general annual

programs of the commissions. The Secretary of State is further

authorized to receive, on behalf of the United States Government,

reports, requests, recommendations, and other communications of the

commissions, and to take appropriate action thereon either directly

or by reference to the appropriate authority.

(b) Regulations

Regulations recommended by each commission pursuant to the

convention requiring the submission to the commission of records of

operations by boat captains or other persons who participate in the

fisheries covered by the convention, upon the concurrent approval

of the Secretary of State and the Secretary of Commerce, shall be

promulgated by the latter and upon publication in the Federal

Register, shall be applicable to all vessels and persons subject to

the jurisdiction of the United States.

(c) Rulemaking procedures; prohibitions

Regulations required to carry out recommendations of the

commission made pursuant to paragraph 5 of article II of the

Convention for the Establishment of an Inter-American Tropical Tuna

Commission shall be promulgated as hereinafter provided by the

Secretary of Commerce upon approval of such recommendations by the

Secretary of State and the Secretary of Commerce. The Secretary of

Commerce shall cause to be published in the Federal Register a

general notice of proposed rulemaking and shall afford interested

persons an opportunity to participate in the rulemaking through (1)

submission of written data, views, or arguments, and (2) oral

presentation at a public hearing. Such regulations shall be

published in the Federal Register and shall be accompanied by a

statement of the considerations involved in the issuance of the

regulations. After publication in the Federal Register such

regulations shall be applicable to all vessels and persons subject

to the jurisdiction of the United States on such date as the

Secretary of Commerce shall prescribe, but in no event prior to an

agreed date for the application by all countries whose vessels

engage in fishing for species covered by the convention in the

regulatory area on a meaningful scale, in terms of effect upon the

success of the conservation program, of effective measures for the

implementation of the commission's recommendations applicable to

all vessels and persons subject to their respective jurisdictions.

The Secretary of Commerce shall suspend at any time the application

of any such regulations when, after consultation with the Secretary

of State and the United States Commissioners, he determines that

foreign fishing operations in the regulatory area are such as to

constitute a serious threat to the achievement of the objectives of

the commission's recommendations. The regulations thus promulgated

may include the selection for regulation of one or more of the

species covered by the convention; the division of the convention

waters into areas; the establishment of one or more open or closed

seasons as to each area; the limitation of the size of the fish and

quantity of the catch which may be taken from each area within any

season during which fishing is allowed; the limitation or

prohibition of the incidental catch of a regulated species which

may be retained, taken, possessed, or landed by vessels or persons

fishing for other species of fish; the requiring of such clearance

certificates for vessels as may be necessary to carry out the

purposes of the convention and this chapter; and such other

measures incidental thereto as the Secretary of Commerce may deem

necessary to implement the recommendations of the commission:

Provided, That upon the promulgation of any such regulations the

Secretary of Commerce shall promulgate additional regulations, with

the concurrence of the Secretary of State, which shall become

effective simultaneously with the application of the regulations

hereinbefore referred to (1) to prohibit the entry into the United

States, from any country when the vessels of such country are being

used in the conduct of fishing operations in the regulatory area in

such manner or in such circumstances as would tend to diminish the

effectiveness of the conservation recommendations of the

commission, of fish in any form of those species which are subject

to regulation pursuant to a recommendation of the commission and

which were taken from the regulatory area; and (2) to prohibit

entry into the United States, from any country, of fish in any form

of those species which are subject to regulation pursuant to a

recommendation of the commission and which were taken from the

regulatory area by vessels other than those of such country in such

manner or in such circumstances as would tend to diminish the

effectiveness of the conservation recommendations of the

commission. In the case of repeated and flagrant fishing

operations in the regulatory area by the vessels of any country

which seriously threaten the achievement of the objectives of the

commission's recommendations, the Secretary of Commerce, with the

concurrence of the Secretary of State, may, in his discretion, also

prohibit the entry from such country of such other species of tuna,

in any form, as may be under investigation by the commission and

which were taken in the regulatory area. The aforesaid

prohibitions shall continue until the Secretary of Commerce is

satisfied that the condition warranting the prohibition no longer

exists, except that all fish in any form of the species under

regulation which were previously prohibited from entry shall

continue to be prohibited from entry.

-SOURCE-

(Sept. 7, 1950, ch. 907, Sec. 6, 64 Stat. 778; Pub. L. 87-814, Sec.

2, Oct. 15, 1962, 76 Stat. 923; 1970 Reorg. Plan No. 4, eff. Oct.

3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-MISC1-

AMENDMENTS

1962 - Subsecs. (a), (b). Pub. L. 87-814 substituted ''Secretary

of the Interior'' for ''head of the enforcement agency''.

Subsec. (c). Pub. L. 87-814 added subsec. (c).

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Commerce'' substituted in text for ''Secretary of

the Interior'' in view of: creation of National Oceanic and

Atmospheric Administration in Department of Commerce and Office of

Administrator of such Administration; abolition of Bureau of

Commercial Fisheries in Department of the Interior and Office of

Director of such Bureau; transfers of functions, including

functions formerly vested by law in Secretary of the Interior or

Department of the Interior which were administered through Bureau

of Commercial Fisheries or were primarily related to such Bureau,

exclusive of certain enumerated functions with respect to Great

Lakes fishery research, Missouri River Reservoir research, Gulf

Breeze Biological Laboratory, and Trans-Alaska pipeline

investigations; and transfer of marine sport fish program of Bureau

of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff.

Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix

to Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 957 of this title.

-CITE-

16 USC Sec. 956 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16 - TUNA CONVENTIONS

-HEAD-

Sec. 956. Inspection of returns, records, or other reports

-STATUTE-

Any person authorized to carry out enforcement activities under

this chapter and any person authorized by the commissions shall

have power without warrant or other process, to inspect, at any

reasonable time, catch returns, statistical records, or other

reports as are required by regulations adopted pursuant to this

chapter to be made, kept, or furnished.

-SOURCE-

(Sept. 7, 1950, ch. 907, Sec. 7, 64 Stat. 778; Pub. L. 87-814, Sec.

3, Oct. 15, 1962, 76 Stat. 924.)

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-814 substituted provisions respecting

inspection of returns, records, or other reports for provisions

authorizing a fine not exceeding $1,000 and proceedings for

injunction against fishing for or possessing the kind of fish

covered by the convention for failure to make, keep, furnish, or

refusal to permit inspection of returns, records, or reports or for

furnishing a false return, record, or report.

-CITE-

16 USC Sec. 957 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16 - TUNA CONVENTIONS

-HEAD-

Sec. 957. Violations; fines and forfeitures; application of related

laws

-STATUTE-

(a) It shall be unlawful for any master or other person in charge

of a fishing vessel of the United States to engage in fishing in

violation of any regulation adopted pursuant to section 955(c) of

this title or for any person knowingly to ship, transport,

purchase, sell, offer for sale, import, export, or have in custody,

possession, or control any fish taken or retained in violation of

such regulations.

(b) It shall be unlawful for the master or any person in charge

of any fishing vessel of the United States or any person on board

such vessel to fail to make, keep, or furnish any catch returns,

statistical records, or other reports as are required by

regulations adopted pursuant to this chapter to be made, kept, or

furnished; or to fail to stop upon being hailed by a duly

authorized official of the United States; or to refuse to permit

the duly authorized officials of the United States or authorized

officials of the commissions to board such vessel or inspect its

catch, equipment, books, documents, records, or other articles or

question the persons on board in accordance with the provisions of

this chapter, or the convention, as the case may be.

(c) It shall be unlawful for any person to import, in violation

of any regulation adopted pursuant to section 955(c) of this title,

from any country, any fish in any form of those species subject to

regulation pursuant to a recommendation of the commission, or any

tuna in any form not under regulation but under investigation by

the commission, during the period such fish have been denied entry

in accordance with the provisions of section 955(c) of this title.

In the case of any fish as described in this subsection offered for

entry into the United States, the Secretary of Commerce shall

require proof satisfactory to him that such fish is not ineligible

for such entry under the terms of section 955(c) of this title.

(d) Any person violating any provisions of subsection (a) of this

section shall be fined not more than $25,000, and for a subsequent

violation of any provisions of said subsection (a) shall be fined

not more than $50,000.

(e) Any person violating any provision of subsection (b) of this

section shall be fined not more than $1,000, and for a subsequent

violation of any provision of subsection (b) shall be fined not

more than $5,000.

(f) Any person violating any provision of subsection (c) of this

section shall be fined not more than $100,000.

(g) All fish taken or retained in violation of subsection (a) of

this section, or the monetary value thereof, may be forfeited.

(h) 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 the provisions of this

chapter, insofar as such provisions of law are applicable and not

inconsistent with the provisions of this chapter.

-SOURCE-

(Sept. 7, 1950, ch. 907, Sec. 8, 64 Stat. 779; Pub. L. 87-814, Sec.

4, Oct. 15, 1962, 76 Stat. 924; 1970 Reorg. Plan No. 4, eff. Oct.

3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-814 substituted provisions respecting

violations, fines, and forfeitures, and application of related laws

for provisions respecting enforcement of chapter.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 955 of this title.

-CITE-

16 USC Sec. 958 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16 - TUNA CONVENTIONS

-HEAD-

Sec. 958. Cooperation with other agencies

-STATUTE-

(a) Coordination of programs

In order to provide coordination between the general annual

programs of the commissions and programs of other agencies,

relating to the exploration, development, and conservation of

fishery resources, the Secretary of State may recommend to the

United States Commissioners that they consider the relationship of

the commissions' programs to those of such agencies and when

necessary arrange, with the concurrence of such agencies, for

mutual cooperation between the commissions and such agencies for

carrying out their respective programs.

(b) Scientific and other programs; facilities and personnel

All agencies of the Federal Government are authorized on request

of the commissions to cooperate in the conduct of scientific and

other programs, or to furnish facilities and personnel for the

purpose of assisting the commissions in the performance of their

duties.

(c) Facilities and personnel to non-Federal agencies

The commissions are authorized and empowered to supply facilities

and personnel to existing non-Federal agencies to expedite research

work which in the judgment of the commissions is contributing or

will contribute directly to the purposes of the conventions.

-SOURCE-

(Sept. 7, 1950, ch. 907, Sec. 9, 64 Stat. 779.)

-CITE-

16 USC Sec. 959 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16 - TUNA CONVENTIONS

-HEAD-

Sec. 959. Enforcement of chapter

-STATUTE-

(a) Issuance of process

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 pursuant thereto.

(b) Federal law enforcement agents

Enforcement of the provisions of this chapter and the regulations

issued pursuant thereto shall be the joint responsibility of the

United States Coast Guard, the United States 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

hereunder. When so designated, such officers and employees are

authorized to function as Federal law enforcement agents for these

purposes.

(c) Execution of process

Any person authorized to carry out enforcement activities

hereunder shall have the power to execute any warrant or process

issued by any officer or court of competent jurisdiction for the

enforcement of this chapter.

(d) Arrests

Such person so authorized shall have the power -

(1) with or without a warrant or other process, to arrest any

persons 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 thereunder;

(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 such search he has reasonable cause to believe

that such vessel or any person on board is engaging in operations

in violation of the provisions of this chapter or the regulations

issued thereunder, then to arrest such person.

(e) Seizures and disposition of fish

Such person so authorized may seize, whenever and wherever

lawfully found, all fish taken or retained in violation of the

provisions of this chapter or the regulations issued pursuant

thereto. Any fish so seized may be disposed of pursuant to the

order of a court of competent jurisdiction, pursuant to the

provisions of subsection (f) of this section or, if perishable, in

a manner prescribed by regulations of the Secretary of Commerce.

(f) Security

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 fish seized if the

process has been levied, on receiving from the claimant of the fish

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 fish

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 fish 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-

(Sept. 7, 1950, ch. 907, Sec. 10, 64 Stat. 779; Pub. L. 87-814,

Sec. 5, Oct. 15, 1962, 76 Stat. 925; Pub. L. 90-578, title IV, Sec.

402(b)(2), Oct. 17, 1968, 82 Stat. 1118; 1970 Reorg. Plan No. 4,

eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 101-650,

title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

AMENDMENTS

1962 - Subsec. (a). Pub. L. 87-814 substituted provisions for

issuance of process for provisions respecting arrest and execution

of process, incorporated in subsecs. (c) and (d)(1) of this

section.

Subsec. (b). Pub. L. 87-814 substituted provisions respecting

Federal law enforcement agents for provisions relating to

inspections, incorporated in section 956 of this title.

Subsec. (c). Pub. L. 87-814 substituted provisions for execution

of process, formerly incorporated in subsec. (a), for provisions

respecting the functioning of officers and law enforcement

officers, incorporated in subsec. (b) of this section.

Subsec. (d). Pub. L. 87-814 incorporated provisions of former

subsec. (a) in par. (1) and added par. (2).

Subsecs. (e), (f). Pub. L. 87-814 added subsecs. (e) and (f).

-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. Previously, ''United States

magistrates'' substituted for ''United States commissioners''

pursuant to Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of

Title 28.

''Customs Service'' substituted for ''Bureau of Customs'' in

subsec. (b) pursuant to Treasury Department Order 165-23, Apr. 4,

1973, eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of

Title 31, Money and Finance.

-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.

In subsecs. (b) and (e), ''Department of Commerce'' substituted

for ''Department of the Interior'' and ''Secretary of Commerce''

for ''Secretary of the Interior'' pursuant to Reorg. Plan No. 4 of

1970, see note set out under section 955 of this title.

-CITE-

16 USC Sec. 960 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16 - TUNA CONVENTIONS

-HEAD-

Sec. 960. Commissions' functions not restrained by this chapter or

State laws

-STATUTE-

None of the prohibitions contained in this chapter or in the laws

and regulations of the States shall prevent the commissions from

conducting or authorizing the conduct of fishing operations and

biological experiments at any time for the purpose of scientific

investigations as authorized by the conventions, or shall prevent

the commissions from discharging any of its or their functions or

duties prescribed by the conventions.

-SOURCE-

(Sept. 7, 1950, ch. 907, Sec. 11, 64 Stat. 779.)

-CITE-

16 USC Sec. 961 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16 - TUNA CONVENTIONS

-HEAD-

Sec. 961. Authorization of appropriations

-STATUTE-

There is hereby authorized to be appropriated from time to time,

out of any moneys in the Treasury not otherwise appropriated, such

sums as may be necessary to carry out the provisions of each

convention and of this chapter, including -

(a) contributions to each commission for the United States

share of any joint expenses of the commission and the expenses of

the United States Commissioners and their staff, including

personal services in the District of Columbia and elsewhere;

(b) travel expenses without regard to the Standardized

Government Travel Regulations, as amended, subchapter I of

chapter 57 of title 5, or section 5731(a) of title 5;

(c) printing and binding without regard to section 501 of title

44, or section 5 of title 41;

(d) stenographic and other services by contract, if deemed

necessary, without regard to section 5 of title 41; and

(e) purchase, hire, operation, maintenance, and repair of

aircraft, motor vehicles (including passenger-carrying vehicles),

boats and research vessels.

-SOURCE-

(Sept. 7, 1950, ch. 907, Sec. 12, 64 Stat. 780.)

-COD-

CODIFICATION

In par. (b), ''subchapter I of chapter 57 of title 5, or section

5731(a) of title 5'' substituted for ''the Travel Expense Act of

1949, or section 10 of the Act of March 3, 1933 (U.S.C., title 5,

sec. 73b)'' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6,

1966, 80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

In par. (c), ''section 501 of title 44'' substituted for

''section 11 of the Act of March 1, 1919 (U.S.C., title 44, sec.

111)'' on authority of Pub. L. 90-620, Sec. 2(b), Oct. 22, 1968, 82

Stat. 1305, the first section of which enacted Title 44, Public

Printing and Documents.

-CITE-

16 USC Sec. 962 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16 - TUNA CONVENTIONS

-HEAD-

Sec. 962. Reduction of bycatch in eastern tropical Pacific Ocean

-STATUTE-

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 (FOOTNOTE 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 -

(FOOTNOTE 1) So in original. Probably should be ''vessels''.

(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.

-SOURCE-

(Sept. 7, 1950, ch. 907, Sec. 15, as added Pub. L. 105-42, Sec.

7(c), Aug. 15, 1997, 111 Stat. 1138.)

-COD-

CODIFICATION

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.

-MISC3-

EFFECTIVE DATE

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.

-CITE-