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16 USC CHAPTER 16A - ATLANTIC TUNAS CONVENTION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16A - ATLANTIC TUNAS CONVENTION

.

-HEAD-

CHAPTER 16A - ATLANTIC TUNAS CONVENTION

-MISC1-

Sec.

971. Definitions.

971a. Commissioners.

(a) Appointment and number; selection of Chairman;

rules of procedure; term.

(b) Alternate Commissioners.

(c) Compensation.

(d) Travel expenses.

971b. Advisory committee.

971b-1. Species working groups.

971c. Authority of Secretary of State; cooperative enforcement

agreements.

(a) Recommendations from Commission.

(b) Enforcement agreements.

971d. Administration.

(a) Regulations; cooperation with other parties to

Convention; utilization of personnel, services,

and facilities for enforcement.

(b) Primary enforcement responsibility.

(c) Regulations and other measures to carry out

Commission recommendations.

(d) Recommended Commission actions regarding

large-scale driftnet fishing and conservation

of Atlantic swordfish.

971e. Violations.

(a) In general.

(b) Failure to furnish returns, records, or reports.

(c) Refusal of request to board and inspect vessel.

(d) Importation of ineligible species or species

under investigation.

(e) Sanctions.

(f) Forfeiture.

(g) Applicability of other laws.

971f. Enforcement.

(a) Particular powers.

(b) International enforcement.

(c) Bonds or stipulations.

971g. Cooperation in carrying out Convention.

(a) Federal and State agencies; private institutions

and organizations.

(b) Scientific and other programs; facilities and

personnel.

(c) Fishing operations and biological experiments.

(d) State jurisdiction; preemption by Federal

regulations.

(e) Continuing review of State laws and regulations.

971h. Authorization of appropriations.

(a) In general.

(b) Allocation.

971i. Research on Atlantic highly migratory species.

(a) Omitted.

(b) Highly migratory species research and monitoring.

971j. Annual report.

971k. Savings clause.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 971i, 1854, 3377 of this

title.

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16 USC Sec. 971 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 16A - ATLANTIC TUNAS CONVENTION

-HEAD-

Sec. 971. Definitions

-STATUTE-

For the purpose of this chapter -

(1) The term ''Convention'' means the International Convention

for the Conservation of Atlantic Tunas, signed at Rio de Janeiro

May 14, 1966, including any amendments or protocols which are or

become effective for the United States.

(2) The term ''Commission'' means the International Commission

for the Conservation of Atlantic Tunas provided for in article

III of the Convention.

(3) The term ''conservation recommendation'' means any

recommendation of the Commission made pursuant to Article VIII of

the Convention and acted upon favorably by the Secretary of State

under section 971c(a) of this title.

(4) The term ''Council'' means the Council established within

the International Commission for the Conservation of Atlantic

Tunas pursuant to article V of the Convention.

(5) The term ''exclusive economic zone'' means an exclusive

economic zone as defined in section 1802 of this title.

(6) The term ''fishing'' means the catching, taking, or fishing

for or the attempted catching, taking, or fishing for any species

of fish covered by the Convention, or any activities in support

thereof.

(7) The term ''fishing vessel'' means any vessel engaged in

catching fish or processing or transporting fish loaded on the

high seas, or any vessel outfitted for such activities.

(8) The term ''Panel'' means any panel established by the

Commission pursuant to article VI of the Convention.

(9) The term ''person'' means every individual, partnership,

corporation, and association subject to the jurisdiction of the

United States.

(10) The term ''Secretary'' means the Secretary of Commerce.

(11) The term ''State'' includes each of the States of the

United States, the District of Columbia, the Commonwealth of

Puerto Rico, and the territories and possessions of the United

States.

-SOURCE-

(Pub. L. 94-70, Sec. 2, Aug. 5, 1975, 89 Stat. 385; Pub. L. 94-265,

title IV, Sec. 405(a), Apr. 13, 1976, 90 Stat. 361; Pub. L. 95-33,

Sec. 2, May 26, 1977, 91 Stat. 173; Pub. L. 104-43, title III, Sec.

303(1), (2), Nov. 3, 1995, 109 Stat. 384; Pub. L. 105-384, title

II, Sec. 202(b)(1)(A), (F), Nov. 13, 1998, 112 Stat. 3452, 3453.)

-MISC1-

AMENDMENTS

1998 - Pars. (4), (5). Pub. L. 105-384 renumbered par. (4)

defining ''exclusive economic zone'' as par. (5) and made technical

amendment to reference in original act which appears in text as

reference to section 1802 of this title.

1995 - Par. (3). Pub. L. 104-43, Sec. 303(1), added par. (3).

Former par. (3) redesignated (4).

Par. (4). Pub. L. 104-43, Sec. 303(2), added par. (4) defining

''exclusive economic zone''. Former par. (4) redesignated (5).

Pub. L. 104-43, Sec. 303(1), redesignated par. (3) defining

''Council'' as (4).

Par. (5). Pub. L. 104-43, Sec. 303(2), struck out par. (5) which

read as follows: ''The term 'fisheries zone' means the waters

included within a zone contiguous to the territorial sea of the

United States, of which the inner boundary is a line coterminous

with the seaward boundary of each coastal State, and the outer

boundary is a line drawn in such a manner that each point on it is

two hundred nautical miles from the baseline from which the

territorial sea is measured; or similar zones established by other

parties to the Convention to the extent that such zones are

recognized by the United States.''

Pub. L. 104-43, Sec. 303(1), redesignated par. (4) as (5). Former

par. (5) redesignated (6).

Pars. (6) to (11). Pub. L. 104-43, Sec. 303(1), redesignated

pars. (5) to (10) as (6) to (11), respectively.

1977 - Par. (4). Pub. L. 95-33 struck out the comma between

''zone'' and ''contiguous'', substituted ''two hundred'' for

''200'', and substituted a semicolon for a comma after ''is

measured''.

1976 - Par. (4). Pub. L. 94-265, which directed the substitution

of ''the waters included within a zone, contiguous to the

territorial sea of the United States, of which the inner boundary

is a line coterminous with the seaward boundary of each coastal

state, and the outer boundary is a line drawn in such a manner that

each point on it is 200 nautical miles from the baseline from which

the territorial sea is measured,'' for ''the fisheries zone

established pursuant to the Act of October 14, 1966 (80 Stat. 908;

16 U.S.C. 1091-1094)'', was executed by making the substitution for

''the entire zone established by the United States under the Act of

October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091-1094)'', to reflect

the probable intent of Congress.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 405(b) of Pub. L. 94-265 provided that the amendment made

by section 405(a) of Pub. L. 94-265 to this section was to take

effect Mar. 1, 1977, prior to the general amendment of title IV of

Pub. L. 94-265 by Pub. L. 104-297.

SHORT TITLE OF 1995 AMENDMENT

Section 301 of title III of Pub. L. 104-43 provided that: ''This

title (enacting sections 971j and 971k of this title, amending this

section and sections 971b, 971c to 971e, 971h, and 971i of this

title, and enacting provisions set out as a note under section 971c

of this title) may be cited as the 'Atlantic Tunas Convention

Authorization Act of 1995'.''

SHORT TITLE

Section 1 of Pub. L. 94-70 provided: ''That this Act (enacting

this chapter and provisions set out below) may be cited as the

'Atlantic Tunas Convention Act of 1975'.''

SEPARABILITY

Pub. L. 94-70, Sec. 13, formerly Sec. 11, Aug. 5, 1975, 89 Stat.

394; renumbered Sec. 13, Pub. L. 105-384, title II, Sec.

202(b)(1)(D), Nov. 13, 1998, 112 Stat. 3452, provided that: ''If

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

provision to any circumstance 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.''

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16 USC Sec. 971a 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 16A - ATLANTIC TUNAS CONVENTION

-HEAD-

Sec. 971a. Commissioners

-STATUTE-

(a) Appointment and number; selection of Chairman; rules of

procedure; term

(1) The United States shall be represented by not more than three

Commissioners who shall serve as delegates of the United States on

the Commission, and who may serve on the Council and Panels of the

Commission as provided for in the Convention. Such Commissioners

shall be appointed by and serve at the pleasure of the President.

Not more than one such Commissioner shall be a salaried employee of

any State or political subdivision thereof, or the Federal

Government. 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.

The Commissioners shall be entitled to select a Chairman and to

adopt such rules of procedure as they find necessary.

(2) Of the Commissioners appointed under paragraph (1) who are

not governmental employees -

(A) one shall be appointed from among individuals with

knowledge and experience regarding commercial fishing in the

Atlantic Ocean, Gulf of Mexico, or Caribbean Sea; and

(B) one shall be appointed from among individuals with

knowledge and experience regarding recreational fishing in the

Atlantic Ocean, Gulf of Mexico, or Caribbean Sea.

(3)(A) The term of a Commissioner shall be three years.

(B) An individual appointed in accordance with paragraph (2)

shall not be eligible to serve more than two consecutive terms as a

Commissioner.

(b) Alternate Commissioners

The Secretary of State, in consultation with the Secretary, may

designate from time to time and for periods of time deemed

appropriate Alternate United States Commissioners to the

Commission. Any Alternate United States Commissioner may exercise

at any meeting of the Commission, Council, any Panel, or the

advisory committee established pursuant to section 971b of this

title, all powers and duties of a United States Commissioner in the

absence of any Commissioner appointed pursuant to subsection (a) of

this section for whatever reason. The number of such Alternate

United States Commissioners that may be designated for any such

meeting shall be limited to the number of United States

Commissioners appointed pursuant to subsection (a) of this section

who will not be present at such meeting.

(c) Compensation

The United States Commissioners or Alternate Commissioners,

although officers of the United States while so serving, shall

receive no compensation for their services as such Commissioners or

Alternate Commissioners.

(d) Travel expenses

(1) The Secretary of State shall pay the necessary travel

expenses of United States Commissioners, Alternate United States

Commissioners, and authorized advisors in accordance with the

Federal Travel Regulations and sections 5701, 5702, 5704 through

5708, and 5731 of title 5.

(2) The Secretary may reimburse the Secretary of State for

amounts expended by the Secretary of State under this subsection.

-SOURCE-

(Pub. L. 94-70, Sec. 3, Aug. 5, 1975, 89 Stat. 385; Pub. L.

101-627, title II, Sec. 201(a), 203, Nov. 28, 1990, 104 Stat. 4459,

4460; Pub. L. 106-562, title III, Sec. 303, Dec. 23, 2000, 114

Stat. 2806.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-562 inserted before last

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.''

1990 - Subsec. (a). Pub. L. 101-627, Sec. 201(a), designated

existing provisions as par. (1) and added pars. (2) and (3).

Subsec. (d). Pub. L. 101-627, Sec. 203, added subsec. (d).

LIMITATIONS ON APPOINTMENTS OF COMMISSIONERS; APPLICATION TO

CURRENT COMMISSIONERS

Section 201(b) of title II of Pub. L. 101-627 provided that:

''(1) Paragraph (2) of section 3(a) of the Atlantic Tunas

Convention Act of 1975 (16 U.S.C. 971a(a)), as added by this

section, shall not apply to reappointment of an individual as a

United States Commissioner of the International Commission for the

Conservation of Atlantic Tunas (hereinafter in this title (enacting

section 971b-1 of this title, amending this section and sections

971b, 971d, and 971h of this title, and enacting provisions set out

as a note below) referred to as a 'Commissioner') if that

individual is serving in that position on the date of enactment of

this Act (Nov. 28, 1990).

''(2) An individual serving a term as a Commissioner on the date

of enactment of this Act shall not, by reason of that term of

service, be ineligible under paragraph (3)(B) of section 3(a) of

the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a(a)), as

added by this section, for reappointment as a Commissioner.''

TERMINATION OF CURRENT TERMS AND COMPLETION OF PENDING APPOINTMENTS

Section 202 of Pub. L. 101-627 provided that: ''The term as

Commissioner of each individual serving in that position on the

date of enactment of this Act (Nov. 28, 1990) shall terminate March

1, 1991. Not later than that date, the President shall complete

appointment (or reappointment) of individuals to serve as

Commissioners on and after that date.''

-CITE-

16 USC Sec. 971b 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 16A - ATLANTIC TUNAS CONVENTION

-HEAD-

Sec. 971b. Advisory committee

-STATUTE-

(a) There is established an advisory committee which shall be

composed of -

(1) not less than five nor more than twenty individuals

appointed by the United States Commissioners who shall select

such individuals from the various groups concerned with the

fisheries covered by the Convention; and

(2) the chairmen (or their designees) of the New England,

Mid-Atlantic, South Atlantic, Caribbean, and Gulf Fishery

Management Councils established under section 302(a) of the

Magnuson-Stevens Fishery Conservation and Management Act (16

U.S.C. 1852(a)).

Each member of the advisory committee appointed under paragraph (1)

shall serve for a term of two years and shall be eligible for

reappointment. Members of the advisory committee may attend all

public meetings of the Commission, Council, or any Panel and any

other meetings to which they are invited by the Commission,

Council, or any Panel. The advisory committee shall be invited to

attend all nonexecutive meetings of the United States Commissioners

and at such meetings shall be given opportunity to examine and to

be heard on all proposed programs of investigation, reports,

recommendations, and regulations of the Commission. Members of the

advisory committee shall receive no compensation for their services

as such members. The Secretary and the Secretary of State may pay

the necessary travel expenses of members of the advisory committee

in accordance with the Federal Travel Regulations and sections

5701, 5702, 5704 through 5708, and 5731 of title 5.

(b)(1) A majority of the members of the advisory committee shall

constitute a quorum, but one or more such members designated by the

advisory committee may hold meetings to provide for public

participation and to discuss measures relating to the United States

implementation of Commission recommendations.

(2) The advisory committee shall elect a Chairman for a 2-year

term from among its members.

(3) The advisory committee shall meet at appropriate times and

places at least twice a year, at the call of the Chairman or upon

the request of the majority of its voting members, the United

States Commissioners, the Secretary, or the Secretary of State.

Meetings of the advisory committee, except when in executive

session, shall be open to the public, and prior notice of meetings

shall be made public in a timely fashion.

(4)(A) The Secretary shall provide to the advisory committee in a

timely manner such administrative and technical support services as

are necessary for the effective functioning of the committee.

(B) The Secretary and the Secretary of State shall furnish the

advisory committee with relevant information concerning fisheries

and international fishery agreements.

(5) The advisory committee shall determine its organization, and

prescribe its practices and procedures for carrying out its

functions under this chapter, the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1801 et seq.), and the

Convention. The advisory committee shall publish and make available

to the public a statement of its organization, practices, and

procedures.

(6) The advisory committee shall, to the maximum extent

practicable, consist of an equitable balance among the various

groups concerned with the fisheries covered by the Convention and

shall not be subject to the Federal Advisory Committee Act (5

U.S.C. App.).

-SOURCE-

(Pub. L. 94-70, Sec. 4, Aug. 5, 1975, 89 Stat. 386; Pub. L. 96-339,

Sec. 1(1), Sept. 4, 1980, 94 Stat. 1069; Pub. L. 96-561, title II,

Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 101-627, title

II, Sec. 204, Nov. 28, 1990, 104 Stat. 4460; Pub. L. 104-43, title

III, Sec. 304, Nov. 3, 1995, 109 Stat. 384; Pub. L. 105-384, title

II, Sec. 202(b)(1)(F), Nov. 13, 1998, 112 Stat. 3453.)

-REFTEXT-

REFERENCES IN TEXT

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in subsec. (b)(5), is Pub. L. 94-265, Apr. 13, 1976, 90

Stat. 331, as amended, which is classified principally to chapter

38 (Sec. 1801 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

1801 of this title and Tables.

The Federal Advisory Committee Act, referred to in subsec.

(b)(6), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC2-

AMENDMENTS

1998 - Subsecs. (a)(2), (b)(5). Pub. L. 105-384 substituted

''Magnuson-Stevens Fishery'' for ''Magnuson Fishery''.

1995 - Pub. L. 104-43 designated existing provisions as subsec.

(a) and added subsec. (b).

1990 - Pub. L. 101-627 amended last sentence generally. Prior to

amendment, last sentence read as follows: ''On approval by the

United States Commissioners -

''(A) if not more than three members of the advisory committee

are designated by the committee to attend any meeting of the

Commission, Council, or advisory committee, or of any Panel, each

of such members shall be paid for his actual transportation

expenses and per diem incident to his attendance; and

''(B) in any case in which more than three members are

designated by the advisory committee to attend any such meeting,

each such member to whom subparagraph (A) does not apply may be

paid for his actual transportation expenses and per diem incident

to his attendance.''

1980 - Pub. L. 96-339 incorporated existing provision in par.

designated (1), added par. (2), redesignated as subpars. (A) and

(B) former pars. (1) and (2), substituted in subpar. (B) reference

to ''subparagraph (A)'' for ''paragraph (1)'', and made specific

reference to appointment of committee member under paragraph (1).

Par. (2). Pub. L. 96-561 substituted ''Magnuson Fishery

Conservation and Management Act'' for ''Fishery Conservation and

Management Act of 1976''.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 238(b) of Pub. L. 96-561 provided that the amendment made

by that section is effective 15 days after Dec. 22, 1980.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 971a, 971h, 971i of this

title.

-CITE-

16 USC Sec. 971b-1 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 16A - ATLANTIC TUNAS CONVENTION

-HEAD-

Sec. 971b-1. Species working groups

-STATUTE-

The United States Commissioners may establish species working

groups for the purpose of providing advice and recommendations to

the Commissioners and the advisory committee on matters relating to

the conservation and management of any highly migratory species

covered by the Convention. Any species working group shall consist

of no more than seven members of the advisory committee and no more

than four scientific or technical personnel, as considered

necessary by the Commissioner.

-SOURCE-

(Pub. L. 94-70, Sec. 4A, as added Pub. L. 101-627, title II, Sec.

205, Nov. 28, 1990, 104 Stat. 4460.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 971h of this title.

-CITE-

16 USC Sec. 971c 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 16A - ATLANTIC TUNAS CONVENTION

-HEAD-

Sec. 971c. Authority of Secretary of State; cooperative enforcement

agreements

-STATUTE-

(a) Recommendations from Commission

The Secretary of State is authorized to receive on behalf of the

United States, reports, requests, and other communications of the

Commission, and to act thereon directly or by reference to the

appropriate authorities. The Secretary of State, with the

concurrence of the Secretary and, for matters relating to

enforcement, the Secretary of the department in which the Coast

Guard is operating, is authorized to take appropriate action on

behalf of the United States with regard to recommendations received

from the Commission pursuant to article VIII of the Convention. The

Secretary and, when appropriate, the Secretary of the department in

which the Coast Guard is operating, shall inform the Secretary of

State as to what action he considers appropriate within five months

of the date of the notification of the recommendation from the

Commission, and again within forty-five days of the additional

sixty-day period provided by the Convention if any objection is

presented by another contracting party to the Convention, or within

thirty days of the date of the notification of an objection made

within the additional sixty-day period, whichever date shall be the

later. After any notification from the Commission that an

objection of the United States is to be considered as having no

effect, the Secretary shall inform the Secretary of State as to

what action he considers appropriate within forty-five days of the

sixty-day period provided by the Convention for reaffirming

objections. The Secretary of State shall take steps under the

Convention to insure that a recommendation pursuant to article VIII

of the Convention does not become effective for the United States

prior to its becoming effective for all contracting parties

conducting fisheries affected by such recommendation on a

meaningful scale in terms of their effect upon the success of the

conservation program, unless he determines, with the concurrence of

the Secretary, and, for matters relating to enforcement, the

Secretary of the department in which the Coast Guard is operating,

that the purposes of the Convention would be served by allowing a

recommendation to take effect for the United States at some earlier

time.

(b) Enforcement agreements

The Secretary of State, in consultation with the Secretary and

the Secretary of the department in which the Coast Guard is

operating, is authorized to enter into agreements with any

contracting party, pursuant to paragraph 3 of article IX of the

Convention, relating to cooperative enforcement of the provisions

of the Convention, recommendations in force for the United States

and such party or parties under the Convention, and regulations

adopted by the United States and such contracting party or parties

pursuant to recommendations of the Commission. Such agreements may

authorize personnel of the United States to enforce measures under

the Convention and under regulations of another party with respect

to persons under that party's jurisdiction, and may authorize

personnel of another party to enforce measures under the Convention

and under United States regulations with respect to persons subject

to the jurisdiction of the United States. Enforcement under such an

agreement may not take place within the territorial seas or

exclusive economic zone of the United States. Such agreements shall

not subject persons or vessels under the jurisdiction of the United

States to prosecution or assessment of penalties by any court or

tribunal of a foreign country.

-SOURCE-

(Pub. L. 94-70, Sec. 5, Aug. 5, 1975, 89 Stat. 386; Pub. L. 104-43,

title III, Sec. 303(3), Nov. 3, 1995, 109 Stat. 384; Pub. L.

105-384, title II, Sec. 202(b)(1)(B), Nov. 13, 1998, 112 Stat.

3452.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-384 directed amendment identical

to amendment by Pub. L. 104-43. See 1995 Amendment note below.

1995 - Subsec. (b). Pub. L. 104-43 substituted ''exclusive

economic zone'' for ''fisheries zone'' after ''territorial seas

or'' in third sentence.

-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.

-MISC5-

MANAGEMENT OF ATLANTIC YELLOWFIN TUNA

Section 309(b) of Pub. L. 104-43, as amended by Pub. L. 104-297,

title IV, Sec. 406, Oct. 11, 1996, 110 Stat. 3621, provided that:

''Not later than July 1, 1997, the Secretary of Commerce shall

implement the recommendations of the International Commission for

the Conservation of Atlantic Tunas regarding yellowfin tuna made

pursuant to Article VIII of the International Convention for the

Conservation of Atlantic Tunas and acted upon favorably by the

Secretary of State under section 5(a) of the Atlantic Tunas

Convention Act of 1975 (16 U.S.C. 971c(a)).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 971, 971d, 971f of this

title.

-CITE-

16 USC Sec. 971d 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 16A - ATLANTIC TUNAS CONVENTION

-HEAD-

Sec. 971d. Administration

-STATUTE-

(a) Regulations; cooperation with other parties to Convention;

utilization of personnel, services, and facilities for

enforcement

The Secretary is authorized and directed to administer and

enforce all of the provisions of the Convention, this chapter, and

regulations issued pursuant thereto, except to the extent otherwise

provided for in this chapter. In carrying out such functions the

Secretary is authorized and directed to adopt such regulations as

may be necessary to carry out the purposes and objectives of the

Convention and this chapter, and with the concurrence of the

Secretary of State, he may cooperate with the duly authorized

officials of the government of any party to the Convention. In

addition, the Secretary may utilize, with the concurrence of the

Secretary of the department in which the Coast Guard is operating

insofar as such utilization involves enforcement at sea, with or

without reimbursement and by agreement with any other Federal

department or agency, or with any agency of any State, the

personnel, services, and facilities of that agency for enforcement

purposes with respect to any vessel in the exclusive economic zone,

or wherever found, with respect to any vessel documented under the

laws of the United States, and any vessel numbered or otherwise

licensed under the laws of any State. When so utilized, such

personnel of the States of the United States are authorized to

function as Federal law enforcement agents for these purposes, but

they shall not be held and considered as employees of the United

States for the purposes of any laws administered by the Director of

the Office of Personnel Management.

(b) Primary enforcement responsibility

Enforcement activities at sea under the provisions of this

chapter for fishing vessels subject to the jurisdiction of the

United States shall be primarily the responsibility of the

Secretary of the department in which the Coast Guard is operating,

in cooperation with the Secretary and the United States Customs

Service. The Secretary after consultation with the Secretary of the

department in which the Coast Guard is operating, shall adopt such

regulations as may be necessary to provide for procedures and

methods of enforcement pursuant to article IX of the Convention.

(c) Regulations and other measures to carry out Commission

recommendations

(1)(A) Upon favorable action by the Secretary of State under

section 971c(a) of this title on any recommendation of the

Commission made pursuant to article VIII of the Convention, the

Secretary shall promulgate, pursuant to this subsection, such

regulations as may be necessary and appropriate to carry out such

recommendation.

(B) Not later than June 30, 1991, the Secretary shall promulgate

any additional regulations necessary to ensure that the United

States is in full compliance with all recommendations made by the

Commission that have been accepted by the United States and with

other agreements under the Convention between the United States and

any nation which is a party to the Convention.

(C) Regulations promulgated under this paragraph shall, to the

extent practicable, be consistent with fishery management plans

prepared and implemented under the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1801 et seq.).

(2) To promulgate regulations referred to in paragraph (1) of

this subsection, the Secretary shall publish in the Federal

Register a general notice of proposed rulemaking and shall afford

interested persons an opportunity to participate in the rulemaking

through (A) submission of written data, views, or arguments, and

(B) 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, and by a statement, based on inquiries and

investigations, assessing the nature and effectiveness of the

measures for the implementation of the Commission's recommendations

which are being or will be carried out by countries whose vessels

engage in fishing the species subject to such recommendations

within the waters to which the Convention applies. 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 shall

prescribe. The Secretary shall suspend at any time the application

of any such regulation when, after consultation with the Secretary

of State and the United States Commissioners, he determines that

fishing operations in the Convention area of a contracting party

for whom the regulations are effective are such as to constitute a

serious threat to the achievement of the Commission's

recommendations.

(3) The regulations required to be promulgated under paragraph

(1) of this subsection may -

(A) select for regulation one or more of the species covered by

the Convention;

(B) divide the Convention waters into areas;

(C) establish one or more open or closed seasons as to each

such area;

(D) limit 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;

(E) limit or prohibit 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;

(F) require records of operations to be kept by any master or

other person in charge of any fishing vessel;

(G) require such clearance certificates for vessels as may be

necessary to carry out the purposes of the Convention and this

chapter;

(H) require proof satisfactory to the Secretary that any fish

subject to regulation pursuant to a recommendation of the

Commission offered for entry into the United States has not been

taken or retained contrary to the recommendations of the

Commission made pursuant to article VIII of the Convention which

have been adopted as regulations pursuant to this section;

(I) require any commercial or recreational fisherman to obtain

a permit from the Secretary and report the quantity of the catch

of a regulated species;

(J) require that observers be carried aboard fishing vessels

for the purpose of providing statistically reliable scientific

data; and

(K) impose such other requirements and provide for such other

measures as the Secretary may determine necessary to implement

any recommendation of the Convention or to obtain scientific data

necessary to accomplish the purpose of the Convention;

except that no regulation promulgated under this section may have

the effect of increasing or decreasing any allocation or quota of

fish or fishing mortality level to the United States agreed to

pursuant to a recommendation of the Commission.

(4) Upon the promulgation of regulations provided for in

paragraph (3) of this subsection, the Secretary shall promulgate,

with the concurrence of the Secretary of State and pursuant to the

procedures prescribed in paragraph (2) of this subsection,

additional regulations which shall become effective simultaneously

with the application of the regulations provided for in paragraph

(3) of this subsection, which prohibit -

(A) the entry into the United States 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

Convention area in such manner or in such circumstances as would

tend to diminish the effectiveness of the conservation

recommendations of the Commission; and

(B) 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 Convention 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

Convention area.

(5) In the case of repeated and flagrant fishing operations in

the Convention area by the vessels of any country which seriously

threaten the achievement of the objectives of the Commission's

recommendations, the Secretary with the concurrence of the

Secretary of State, may by regulations promulgated pursuant to

paragraph (2) of this subsection prohibit the entry in any form

from such country of other species covered by the Convention as may

be under investigation by the Commission and which were taken in

the Convention area. Any such prohibition shall continue until the

Secretary 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.

(6) Identification and notification. -

(A) Not later than July 1, 1996, and annually thereafter, the

Secretary, in consultation with the Secretary of State, the

Commissioners, and the advisory committee, shall -

(i) identify those nations whose fishing vessels are fishing,

or have fished during the preceding calendar year, within the

convention area in a manner or under circumstances that

diminish the effectiveness of a conservation recommendation;

(ii) notify the President and the nation so identified,

including an explanation of the reasons therefor; and

(iii) publish a list of those Nations identified under clause

(i).

(B) In identifying those Nations, the Secretary shall consider,

based on the best available information, whether those Nations

have measures in place for reporting, monitoring, and

enforcement, and whether those measures diminish the

effectiveness of any conservation recommendation.

(7) Consultation. - Not later than 30 days after a Nation is

notified under paragraph (6), the President may enter into

consultations with the Government of that Nation for the purpose of

obtaining an agreement that will -

(A) effect the immediate termination and prevent the resumption

of any fishing operation by vessels of that Nation within the

Convention area which is conducted in a manner or under

circumstances that diminish the effectiveness of the conservation

recommendation;

(B) when practicable, require actions by that Nation, or

vessels of that Nation, to mitigate the negative impacts of

fishing operations on the effectiveness of the conservation

recommendation involved, including but not limited to, the

imposition of subsequent-year deductions for quota overages; and

(C) result in the establishment, if necessary, by such Nation

of reporting, monitoring, and enforcement measures that are

adequate to ensure the effectiveness of conservation

recommendations.

(d) Recommended Commission actions regarding large-scale driftnet

fishing and conservation of Atlantic swordfish

(1) It is the sense of the Congress that the Secretary, in

consultation with the Secretary of State, should seek support for a

recommendation by the Commission to ban large-scale driftnet

fishing (as that term is defined in section 3(16) (FOOTNOTE 1) of

the Magnuson-Stevens Fishery Conservation and Management Act (16

U.S.C. 1802(16))) in the Convention area.

(FOOTNOTE 1) See References in Text note below.

(2) The Secretary, in consultation with the Secretary of State,

shall request the Commission to adopt recommendations necessary for

the conservation and management of Atlantic swordfish. In making

the request, the Secretary shall seek the establishment of an

international minimum harvest size and a reduction in harvest

levels to the extent necessary to conserve the stock. Until the

Commission adopts all the conservation and management measures

requested by the Secretary, the Secretary, within 3 months after

each annual meeting of the Commission, shall notify Congress as to

the nature and results of his request. These notifications shall

identify those nations not acting to conserve and manage Atlantic

swordfish, and recommend measures which could be taken to achieve

effective international conservation and management of the stock.

-SOURCE-

(Pub. L. 94-70, Sec. 6, Aug. 5, 1975, 89 Stat. 387; 1978 Reorg.

Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat.

3784; Pub. L. 101-627, title II, Sec. 206, 207, Nov. 28, 1990, 104

Stat. 4461; Pub. L. 104-43, title III, Sec. 303(3), 305, Nov. 3,

1995, 109 Stat. 384, 385; Pub. L. 105-384, title II, Sec.

202(b)(1)(C), (F), Nov. 13, 1998, 112 Stat. 3452, 3453.)

-REFTEXT-

REFERENCES IN TEXT

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in subsec. (c)(1)(C), is Pub. L. 94-265, Apr. 13, 1976,

90 Stat. 331, as amended, which is classified principally to

chapter 38 (Sec. 1801 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1801 of this title and Tables.

Section 3 of the Magnuson-Stevens Fishery Conservation and

Management Act, referred to in subsec. (d)(1), was subsequently

amended, and section 3(16) no longer defines the term ''large-scale

driftnet fishing''. However, such term is defined elsewhere in

that section.

-MISC2-

AMENDMENTS

1998 - Subsec. (c)(1)(C). Pub. L. 105-384, Sec. 202(b)(1)(F),

substituted ''Magnuson-Stevens Fishery'' for ''Magnuson Fishery''.

Subsecs. (c)(6)(A)(iii), (B). Pub. L. 105-384, Sec. 202(b)(1)(C),

substituted ''clause (i)'' for ''subparagraph (A)'' in cl. (iii),

and redesignated last sentence of subpar. (A) as subpar. (B) and

realigned margin.

Subsec. (d)(1). Pub. L. 105-384, Sec. 202(b)(1)(F), substituted

''Magnuson-Stevens Fishery'' for ''Magnuson Fishery''.

1995 - Subsec. (a). Pub. L. 104-43, Sec. 303(3), substituted

''exclusive economic zone'' for ''fisheries zone'' after ''any

vessel in the'' in third sentence.

Subsec. (c). Pub. L. 104-43, Sec. 305(1), inserted ''and other

measures'' after ''Regulations'' in heading.

Subsec. (c)(3). Pub. L. 104-43, Sec. 305(2), inserted ''or

fishing mortality level'' after ''quota of fish'' in concluding

provisions.

Subsec. (c)(6), (7). Pub. L. 104-43, Sec. 305(3), added pars. (6)

and (7).

1990 - Subsec. (c)(1). Pub. L. 101-627, Sec. 206(a), designated

existing provisions as subpar. (A) and added subpars. (B) and (C).

Subsec. (c)(3). Pub. L. 101-627, Sec. 206(b), added subpars. (I)

to (K) and concluding provisions and struck out former subpar. (I)

which read as follows: ''impose such other requirements and provide

for such other measures as the Secretary may deem necessary to

implement any recommendation of the Commission.''

Subsec. (d). Pub. L. 101-627, Sec. 207, amended subsec. (d)

generally, substituting provisions relating to recommended

Commission actions regarding large-scale driftnet fishing and

conservation of Atlantic swordfish for provisions relating to

Commission recommendations concerning bluefin tuna and issuance of

regulations.

-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.

''Director of the Office of Personnel Management'' substituted

for ''Civil Service Commission'' in subsec. (a) pursuant to Reorg.

Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out

under section 1101 of Title 5, Government Organization and

Employees, which transferred functions vested by statute in the

Civil Service Commission to Director of Office of Personnel

Management (except as otherwise specified), effective Jan. 1, 1979,

as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978,

44 F.R. 1055, set out under section 1101 of Title 5.

-MISC5-

USE OF AIRCRAFT IN ATLANTIC BLUEFIN TUNA FISHING

Pub. L. 106-553, Sec. 1(a)(2) (title VI, Sec. 634), Dec. 21,

2000, 114 Stat. 2762, 2762A-114, provided that: ''None of the funds

provided in this or any previous Act, or hereinafter made available

to the Department of Commerce shall be available to issue or renew,

for any fishing vessel, any general or harpoon category fishing

permit for Atlantic bluefin tuna that would allow the vessel -

''(1) to use an aircraft to locate, or otherwise assist in

fishing for, catching, or possessing Atlantic bluefin tuna; or

''(2) to fish for, catch, or possessing (sic) Atlantic bluefin

tuna located by the use of an aircraft.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 971e, 971j of this title.

-CITE-

16 USC Sec. 971e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16A - ATLANTIC TUNAS CONVENTION

-HEAD-

Sec. 971e. Violations

-STATUTE-

(a) In general

It shall be unlawful -

(1) for any person in charge of a fishing vessel or any fishing

vessel subject to the jurisdiction of the United States to engage

in fishing in violation of any regulation adopted pursuant to

section 971d of this title; or

(2) for any person subject to the jurisdiction of the United

States to ship, transport, purchase, sell, offer for sale,

import, export, or have in custody, possession, or control any

fish which he knows, or should have known, were taken or retained

contrary to the recommendations of the Commission made pursuant

to article VIII of the Convention and adopted as regulations

pursuant to section 971d of this title, without regard to the

citizenship of the person or vessel which took the fish.

(b) Failure to furnish returns, records, or reports

It shall be unlawful for the master or any person in charge of

any fishing vessel subject to the jurisdiction of the United States

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 by such

master or person.

(c) Refusal of request to board and inspect vessel

It shall be unlawful for the master or any person in charge of

any fishing vessel subject to the jurisdiction of the United States

to refuse to permit any person authorized to enforce the provisions

of this chapter and any regulations adopted pursuant thereto, to

board such vessel and inspect its catch, equipment, books,

documents, records, or other articles or question the persons

onboard in accordance with the provisions of this chapter, or the

Convention, as the case may be, or to obstruct such officials in

the execution of such duties.

(d) Importation of ineligible species or species under

investigation

It shall be unlawful for any person to import, in violation of

any regulation adopted pursuant to section 971d(c) or (d) (FOOTNOTE

1) 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 fish 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

971d(c) or (d) (FOOTNOTE 1) of this title. In the case of any fish

as described in this subsection offered for entry in the United

States, the Secretary shall require proof satisfactory to him that

such fish is not ineligible for such entry under the terms of

section 971d(c) or (d) (FOOTNOTE 1) of this title.

(FOOTNOTE 1) See References in Text note below.

(e) Sanctions

The civil penalty and permit sanctions of section 1858 of this

title are hereby made applicable to violations of this section as

if they were violations of section 1857 of this title.

(f) Forfeiture

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

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

(g) Applicability of other laws

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-

(Pub. L. 94-70, Sec. 7, Aug. 5, 1975, 89 Stat. 390; Pub. L. 104-43,

title III, Sec. 306, Nov. 3, 1995, 109 Stat. 385; Pub. L. 105-384,

title II, Sec. 202(b)(1)(F), Nov. 13, 1998, 112 Stat. 3453.)

-REFTEXT-

REFERENCES IN TEXT

Section 971d(d) of this title, referred to in subsec. (d), was

amended generally by Pub. L. 101-627, title II, Sec. 207, Nov. 28,

1990, 104 Stat. 4461. Prior to amendment, subsec. (d) related to

Commission recommendations concerning bluefin tuna and issuance of

regulations in that regard.

-MISC2-

AMENDMENTS

1998 - Subsec. (e). Pub. L. 105-384 made technical amendment to

reference in original act which appears in text as reference to

section 1858 of this title.

1995 - Subsec. (e). Pub. L. 104-43 amended subsec. (e) generally,

substituting present provisions for provisions establishing civil

penalties for violations of this section, providing for authority

of Secretary to assess, remit, or mitigate any civil penalty,

providing for notice and hearing prior to assessment, and providing

for civil action upon failure to pay penalty.

-CITE-

16 USC Sec. 971f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16A - ATLANTIC TUNAS CONVENTION

-HEAD-

Sec. 971f. Enforcement

-STATUTE-

(a) Particular powers

Any person authorized in accordance with the provisions of this

chapter to enforce the provisions of this chapter and the

regulations issued thereunder may -

(1) with or without a warrant, board any vessel subject to the

jurisdiction of the United States and inspect such vessel and its

catch and, if as a result of such inspection, he has reasonable

cause to believe that such vessel or any person on board is

engaging in operations in violation of this chapter or any

regulations issued thereunder, he may, with or without a warrant

or other process, arrest such person;

(2) arrest, with or without a warrant, any person who violates

the provisions of this chapter or any regulation issued

thereunder in his presence or view;

(3) execute any warrant or other process issued by an officer

or court of competent jurisdiction; and

(4) seize, whenever and wherever lawfully found, all fish taken

or retained by a vessel subject to the jurisdiction of the United

States in violation of the provisions of this chapter or any

regulations issued pursuant thereto. Any fish so seized may be

disposed of pursuant to an order of a court of competent

jurisdiction, or, if perishable, in a manner prescribed by

regulation of the Secretary.

(b) International enforcement

To the extent authorized under the convention or by agreements

between the United States and any contracting party concluded

pursuant to section 971c(b) of this title for international

enforcement, the duly authorized officials of such party shall have

the authority to carry out the enforcement activities specified in

subsection (a) of this section with respect to persons or vessels

subject to the jurisdiction of the United States, and the officials

of the United States authorized pursuant to this section shall have

the authority to carry out the enforcement activities specified in

subsection (a) of this section with respect to persons or vessels

subject to the jurisdiction of such party, except that where any

agreement provides for arrest or seizure of persons or vessels

under United States jurisdiction it shall also provide that the

person or vessel arrested or seized shall be promptly handed over

to a United States enforcement officer or another authorized United

States official.

(c) Bonds or stipulations

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 at the time of seizure and the proceeds of

such sale placed in the registry of the court pending judgment in

the case.

-SOURCE-

(Pub. L. 94-70, Sec. 8, Aug. 5, 1975, 89 Stat. 391.)

-CITE-

16 USC Sec. 971g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16A - ATLANTIC TUNAS CONVENTION

-HEAD-

Sec. 971g. Cooperation in carrying out Convention

-STATUTE-

(a) Federal and State agencies; private institutions and

organizations

The United States Commissioners, through the Secretary of State

and with the concurrence of the agency, institution, or

organization concerned, may arrange for the cooperation of agencies

of the United States Government, and of State and private

institutions and organizations in carrying out the provisions of

article IV of the Convention.

(b) Scientific and other programs; facilities and personnel

All agencies of the Federal Government are authorized, upon the

request of the Commission, to cooperate in the conduct of

scientific and other programs, and to furnish facilities and

personnel for the purpose of assisting the Commission in carrying

out its duties under the Convention.

(c) Fishing operations and biological experiments

None of the prohibitions deriving from this chapter, or contained

in the laws or regulations of any State, shall prevent the

Commission from conducting or authorizing the conduct of fishing

operations and biological experiments at any time for purposes of

scientific investigation, or shall prevent the Commission from

discharging any other duties prescribed by the Convention.

(d) State jurisdiction; preemption by Federal regulations

(1) Except as provided in paragraph (2) of this subsection,

nothing in this chapter shall be construed so as to diminish or to

increase the jurisdiction of any State in the territorial sea of

the United States.

(2) In the event a State does not request a formal hearing and

after notice by the Secretary, the regulations promulgated pursuant

to this chapter to implement recommendations of the Commission

shall apply within the boundaries of any State bordering on any

Convention area if the Secretary determines that any such State -

(A) has not, within a reasonable period of time after the

promulgation of regulations pursuant to this chapter, enacted

laws or promulgated regulations which implement any such

recommendation of the Commission within the boundaries of such

State; or

(B) has enacted laws or promulgated regulations which (i) are

less restrictive than the regulations promulgated pursuant to

this chapter, or (ii) are not effectively enforced.

If a State requests the opportunity for an agency hearing on the

record, the Secretary shall not apply regulations promulgated

pursuant to this chapter within that State's boundaries unless the

hearing record supports a determination under paragraph (A) or (B).

Such regulations shall apply until the Secretary determines that

the State is effectively enforcing within its boundaries measures

which are not less restrictive than such regulations.

(e) Continuing review of State laws and regulations

To insure that the purposes of subsection (d) of this section are

carried out, the Secretary shall undertake a continuing review of

the laws and regulations of all States to which subsection (d) of

this section applies or may apply and the extent to which such laws

and regulations are enforced.

-SOURCE-

(Pub. L. 94-70, Sec. 9, Aug. 5, 1975, 89 Stat. 392.)

-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.

-CITE-

16 USC Sec. 971h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16A - ATLANTIC TUNAS CONVENTION

-HEAD-

Sec. 971h. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out this

chapter, including use for payment of the United States share of

the joint expenses of the Commission as provided in Article X of

the Convention, the following sums:

(1) For each of fiscal years 2003 and 2004, $5,480,000.

(2) For each of fiscal years 2005 and 2006, $5,495,000.

(b) Allocation

Of amounts available under this section for each fiscal year -

(1) $150,000 are authorized for the advisory committee

established under section 971b of this title and the species

working groups established under section 971b-1 of this title;

and

(2) $4,240,000 are authorized for research activities under

this chapter and the Act of September 4, 1980 (16 U.S.C. 971i).

-SOURCE-

(Pub. L. 94-70, Sec. 10, Aug. 5, 1975, 89 Stat. 393; Pub. L. 95-33,

Sec. 1, May 26, 1977, 91 Stat. 173; Pub. L. 96-339, Sec. 1(2),

Sept. 4, 1980, 94 Stat. 1069; Pub. L. 98-44, title I, Sec. 101,

July 12, 1983, 97 Stat. 216; Pub. L. 99-659, title IV, Sec. 404,

Nov. 14, 1986, 100 Stat. 3737; Pub. L. 101-627, title II, Sec. 208,

Nov. 28, 1990, 104 Stat. 4462; Pub. L. 104-43, title III, Sec. 307,

Nov. 3, 1995, 109 Stat. 386; Pub. L. 105-384, title II, Sec.

202(a), Nov. 13, 1998, 112 Stat. 3452; Pub. L. 107-372, title III,

Sec. 304, Dec. 19, 2002, 116 Stat. 3095.)

-REFTEXT-

REFERENCES IN TEXT

Act of September 4, 1980, referred to in subsec. (b)(2), is Pub.

L. 96-339, Sept. 4, 1980, 94 Stat. 1069, which enacted sections

971i and 1827 of this title and amended this section and section

971b of this title. For complete classification of this Act to the

Code, see Tables.

-MISC2-

AMENDMENTS

2002 - Pub. L. 107-372 amended section generally, substituting

provisions authorizing appropriations for fiscal years 2003 to 2006

for provisions authorizing appropriations for fiscal years 1995 to

2001.

1998 - Par. (4). Pub. L. 105-384 substituted ''For each of fiscal

years 1998, 1999, 2000, and 2001,'' for ''For fiscal year 1998,''.

1995 - Pub. L. 104-43 amended section generally, substituting

provisions authorizing appropriations for fiscal years 1995 to 1998

for provisions authorizing appropriations for fiscal years 1989 to

1993.

1990 - Pub. L. 101-627 amended section generally, substituting

provisions authorizing appropriations for fiscal years 1989 to 1993

for provisions authorizing appropriations for fiscal years 1986 to

1989 and striking out provisions relating to use of sums for travel

expenses.

1986 - Pub. L. 99-659 substituted authorization of appropriations

for fiscal years 1986 through 1989 for former authorization of

appropriations for fiscal year 1976, the period beginning July 1,

1976, and ending Sept. 30, 1976, and fiscal years 1977 through

1986.

1983 - Pub. L. 98-44 authorized appropriations for fiscal years

1984 through 1986.

1980 - Pub. L. 96-339 authorized appropriations for fiscal years

1981 through 1983.

1977 - Pub. L. 95-33 authorized appropriations for fiscal years

1978 through 1980.

-CITE-

16 USC Sec. 971i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16A - ATLANTIC TUNAS CONVENTION

-HEAD-

Sec. 971i. Research on Atlantic highly migratory species

-STATUTE-

(a) Omitted

(b) Highly migratory species research and monitoring

(1) Within 6 months after November 3, 1995, the Secretary of

Commerce, in cooperation with the advisory committee established

under section 4 of the Atlantic Tunas Convention Act of 1975 (16

U.S.C. 971b) and in consultation with the United States

Commissioners on the International Commission for the Conservation

of Atlantic Tunas (referred to elsewhere in this section as the

''Commission'') and the Secretary of State, shall develop and

implement a comprehensive research and monitoring program to

support the conservation and management of Atlantic bluefin tuna

and other highly migratory species that shall -

(A) identify and define the range of stocks of highly migratory

species in the Atlantic Ocean, including Atlantic bluefin tuna;

and

(B) provide for appropriate participation by nations which are

members of the Commission.

(2) The program shall provide for, but not be limited to -

(A) statistically designed cooperative tagging studies;

(B) genetic and biochemical stock analyses;

(C) population censuses carried out through aerial surveys of

fishing grounds and known migration areas;

(D) adequate observer coverage and port sampling of commercial

and recreational fishing activity;

(E) collection of comparable real-time data on commercial and

recreational catches and landings through the use of permits,

logbooks, landing reports for charter operations and fishing

tournaments, and programs to provide reliable reporting of the

catch by private anglers;

(F) studies of the life history parameters of Atlantic bluefin

tuna and other highly migratory species;

(G) integration of data from all sources and the preparation of

data bases to support management decisions; and

(H) other research as necessary.

(3) In developing a program under this section, the Secretary

shall -

(A) ensure that personnel and resources of each regional

research center shall have substantial participation in the stock

assessments and monitoring of highly migratory species that occur

in the region;

(B) provide for comparable monitoring of all United States

fishermen to which the Atlantic Tunas Convention Act of 1975

applies with respect to effort and species composition of catch

and discards;

(C) consult with relevant Federal and State agencies,

scientific and technical experts, commercial and recreational

fishermen, and other interested persons, public and private, and

shall publish a proposed plan in the Federal Register for the

purpose of receiving public comment on the plan; and

(D) through the Secretary of State, encourage other member

nations to adopt a similar program.

-SOURCE-

(Pub. L. 96-339, Sec. 3, Sept. 4, 1980, 94 Stat. 1070; Pub. L.

104-43, title III, Sec. 302(b), Nov. 3, 1995, 109 Stat. 382; Pub.

L. 105-384, title II, Sec. 202(b)(2), Nov. 13, 1998, 112 Stat.

3453.)

-REFTEXT-

REFERENCES IN TEXT

The Atlantic Tunas Convention Act of 1975, referred to in subsec.

(b)(3)(B), is Pub. L. 94-70, Aug. 5, 1975, 89 Stat. 385, as

amended, which is classified generally to this chapter. For

complete classification of this Act to the Code, see Short Title

note set out under section 971 of this title and Tables.

-COD-

CODIFICATION

Subsection (a), which required the Secretary of Commerce to

prepare and submit to Congress a biennial report on the level of

taking of bluefin tuna by United States fishermen in the Convention

area as defined in Article I of the International Convention for

the Conservation of Atlantic Tunas, the status of bluefin tuna

stocks within the Convention area and the trends in their

population level, and related information resulting from

implementation of the observer program under section 1827 of this

title, terminated, effective May 15, 2000, pursuant to section 3003

of Pub. L. 104-66, as amended, set out as a note under section 1113

of Title 31, Money and Finance. See, also, page 50 of House

Document No. 103-7.

Section was not enacted as part of the Atlantic Tunas Convention

Act of 1975 which comprises this chapter.

-MISC3-

AMENDMENTS

1998 - Subsec. (b)(3)(B). Pub. L. 105-384 inserted ''of 1975''

after ''Act''.

1995 - Pub. L. 104-43 amended section catchline generally,

designated existing provisions as subsec. (a), inserted heading,

struck out last sentence which read as follows: ''There are

authorized to be appropriated such sums as may be necessary to

carry out this section.'', and added subsec. (b).

-CITE-

16 USC Sec. 971j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16A - ATLANTIC TUNAS CONVENTION

-HEAD-

Sec. 971j. Annual report

-STATUTE-

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.

-SOURCE-

(Pub. L. 94-70, Sec. 11, as added Pub. L. 104-43, title III, Sec.

308, Nov. 3, 1995, 109 Stat. 386; amended Pub. L. 105-384, title

II, Sec. 202(b)(1)(E), Nov. 13, 1998, 112 Stat. 3453.)

-MISC1-

PRIOR PROVISIONS

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.

AMENDMENTS

1998 - Pub. L. 105-384 made technical amendment to style of

heading and section designation in original act.

-CITE-

16 USC Sec. 971k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16A - ATLANTIC TUNAS CONVENTION

-HEAD-

Sec. 971k. Savings clause

-STATUTE-

Nothing in this chapter shall have the effect of diminishing the

rights and obligations of any Nation under Article VIII(3) of the

Convention.

-SOURCE-

(Pub. L. 94-70, Sec. 12, as added Pub. L. 104-43, title III, Sec.

308, Nov. 3, 1995, 109 Stat. 387; amended Pub. L. 105-384, title

II, Sec. 202(b)(1)(E), Nov. 13, 1998, 112 Stat. 3453.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-384 made technical amendment to style of

heading and section designation in original act.

-CITE-