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16 U.S.C. § 1417 — Prohibitions
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** It is unlawful—
(1) for any person to sell, purchase, offer for sale, transport, or ship, in the United States, any tuna or tuna product unless the tuna or tuna product is either dolphin safe or has been harvested in compliance with the International Dolphin Conservation Program by a country that is a member of the Inter-American Tropical Tuna Commission or has initiated and within 6 months thereafter completed all steps required of applicant nations in accordance with Article V, paragraph 3 of the Convention establishing the Inter-American Tropical Tuna Commission, to become a member of that organization;
(2) except as provided for in subsection 11 So in original. Probably should be “section”. 1371(d) of this title, for any person or vessel subject to the jurisdiction of the United States intentionally to set a purse seine net on or to encircle any marine mammal in the course of tuna fishing operations in the eastern tropical Pacific Ocean except in accordance with this subchapter and regulations issued pursuant to this subchapter; and 22 So in original. The word “and” probably should not appear.
(3) for any person to import any yellowfin tuna or yellowfin tuna product or any other fish or fish product in violation of a ban on importation imposed under [section 1371(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/a/2&num=0&edition=prelim);
(4) for any person to violate any regulation promulgated under this subchapter;
(5) for any person to refuse to permit any duly authorized officer to board a vessel subject to that person’s control for purposes of conducting any search or inspection in connection with the enforcement of this subchapter; and
(6) for any person to assault, resist, oppose, im
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Stable record: federal_law:legal_authorities:record_usc_75a1cc5256825e04bfd70690
Source file: Laws/federal/codes/united-states-code/title-16/section-1417-prohibitions--85822cf88a.md
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Passage SHA-256: 986e812cde04728f2d960648e1438c5170ae124bfa57a8bcfe0f4e8bc2764fe3
Source location: Title 16, Chapter 31, § 1417; chapter-031-marine-mammal-protection.md
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**(a) In general** It is unlawful—
(1) for any person to sell, purchase, offer for sale, transport, or ship, in the United States, any tuna or tuna product unless the tuna or tuna product is either dolphin safe or has been harvested in compliance with the International Dolphin Conservation Program by a country that is a member of the Inter-American Tropical Tuna Commission or has initiated and within 6 months thereafter completed all steps required of applicant nations in accordance with Article V, paragraph 3 of the Convention establishing the Inter-American Tropical Tuna Commission, to become a member of that organization;
(2) except as provided for in subsection 11 So in original. Probably should be “section”. 1371(d) of this title, for any person or vessel subject to the jurisdiction of the United States intentionally to set a purse seine net on or to encircle any marine mammal in the course of tuna fishing operations in the eastern tropical Pacific Ocean except in accordance with this subchapter and regulations issued pursuant to this subchapter; and 22 So in original. The word “and” probably should not appear.
(3) for any person to import any yellowfin tuna or yellowfin tuna product or any other fish or fish product in violation of a ban on importation imposed under [section 1371(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/a/2&num=0&edition=prelim);
(4) for any person to violate any regulation promulgated under this subchapter;
(5) for any person to refuse to permit any duly authorized officer to board a vessel subject to that person’s control for purposes of conducting any search or inspection in connection with the enforcement of this subchapter; and
(6) for any person to assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in paragraph (5).
**(b) Penalties**
(1) **Civil penalty** — A person that knowingly and willfully violates subsection (a)(1), (2), (3), (4), or (5) shall be subject to a civil penalty under [section 1375(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1375/a&num=0&edition=prelim).
(2) **Criminal penalty** — A person that knowingly and willfully violates subsection (a)(5) or (a)(6) shall be subject to a criminal penalty under [section 1375(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1375/b&num=0&edition=prelim).
**(c) Civil forfeitures** Any vessel (including its fishing gear, appurtenances, stores, and cargo) used, and any fish (or its fair market value) taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by this section shall be subject to forfeiture to the United States in the manner provided in [section 1860 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1860&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by [section 1857 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1857&num=0&edition=prelim) (other than any act for which the issuance of a citation under [section 1861(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861/c&num=0&edition=prelim) is sufficient sanction) shall be subject to forfeiture to the United States. All or part of such vessel may, and all such fish (or the fair market value thereof) shall, be forfeited to the United States pursuant to a civil proceeding under this section.
**(b) Jurisdiction of district courts** Any district court of the United States which has jurisdiction under [section 1861(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861/d&num=0&edition=prelim) shall have jurisdiction, upon application by the Attorney General on behalf of the United States, to order any forfeiture authorized under subsection (a) and any action provided for under subsection (d).
**(c) Judgment** If a judgment is entered for the United States in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to the United States, which has not previously been seized pursuant to this chapter or for which security has not previously been obtained under subsection (d). The provisions of the customs laws relating to—
(1) the seizure, forfeiture, and condemnation of property for violation of th
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1860
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of State, in consultation with the Secretary, shall seek to secure a binding international agreement to establish an International Dolphin Conservation Program that requires—
(1) that the total annual dolphin mortality in the purse seine fishery for yellowfin tuna in the eastern tropical Pacific Ocean shall not exceed 5,000 animals with a commitment and objective to progressively reduce dolphin mortality to a level approaching zero through the setting of annual limits;
(2) the establishment of a per-stock per-year dolphin mortality limit, to be in effect through calendar year 2000, at a level between 0.2 percent and 0.1 percent of the minimum population estimate, as calculated, revised, or approved by the Secretary;
(3) the establishment of a per-stock per-year dolphin mortality limit, beginning with the calendar year 2001, at a level less than or equal to 0.1 percent of the minimum population estimate as calculated, revised, or approved by the Secretary;
(4) that if a dolphin mortality limit is exceeded under—
(A) paragraph (1), all sets on dolphins shall cease for the applicable fishing year; and
(B) paragraph (2) or (3), all sets on the stocks covered under paragraph (2) or (3) and any mixed schools that contain any of those stocks shall cease for the applicable fishing year;
(5) a scientific review and assessment to be conducted in calendar year 1998 to—
(A) assess progress in meeting the objectives set for calendar year 2000 under paragraph (2); and
(B) as appropriate, consider recommendations for meeting these objectives;
(6) a scientific review and assessment to be conducted in calendar year 2000—
(A) to review the stocks covered under paragraph (3); and
(B) as appropriate to consider recommendations to further the objectives
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1412
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Tissue Bank**
(1) **In general** — The Secretary shall make provision for the storage, preparation, examination, and archiving of marine mammal tissues. Tissues archived pursuant to this subsection shall be known as the “National Marine Mammal Tissue Bank”.
(2) **Guidance for marine mammal tissue collection, preparation, and archiving** — The Secretary shall, in consultation with individuals with knowledge and expertise in marine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, issue guidance, after an opportunity for public review and comment, for marine mammal tissue collection, preparation, archiving, and quality control procedures, regarding—
(A) appropriate and uniform methods and standards for those activities to provide confidence in marine mammal tissue samples used for research; and
(B) documentation of procedures used for collecting, preparing, and archiving those samples.
(3) **Source of tissue** — In addition to tissues taken during marine mammal unusual mortality events, the Tissue Bank shall incorporate tissue samples taken from other sources in the wild, including—
(A) samples from marine mammals taken incidental to commercial fishing operations;
(B) samples from marine mammals taken for subsistence purposes;
(C) biopsy samples; and
(D) any other samples properly collected.
**(b) Tissue analysis** The Secretary shall, in consultation with the Marine Mammal Commission, the Secretary of the Interior, and individuals with knowledge and experience in marine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, issue guidance, after an opportunity for public review and comment, for analyzing tissue samples (by use of the mo
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1421f
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This section may be cited as the “Dolphin Protection Consumer Information Act”.
**(b) Findings** The Congress finds that—
(1) dolphins and other marine mammals are frequently killed in the course of tuna fishing operations in the eastern tropical Pacific Ocean and high seas driftnet fishing in other parts of the world;
(2) it is the policy of the United States to support a worldwide ban on high seas driftnet fishing, in part because of the harmful effects that such driftnets have on marine mammals, including dolphins; and
(3) consumers would like to know if the tuna they purchase is falsely labeled as to the effect of the harvesting of the tuna on dolphins.
**(c) Definitions** For purposes of this section—
(1) the terms “driftnet” and “driftnet fishing” have the meanings given those terms in section 4003 of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 ([16 U.S.C. 1822](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1822&num=0&edition=prelim) note);
(2) the term “eastern tropical Pacific Ocean” means the area of the Pacific Ocean bounded by 40 degrees north latitude, 40 degrees south latitude, 160 degrees west longitude, and the western coastlines of North, Central, and South America;
(3) the term “label” means a display of written, printed, or graphic matter on or affixed to the immediate container of any article;
(4) the term “Secretary” means the Secretary of Commerce; and
(5) the term “tuna product” means a food item which contains tuna and which has been processed for retail sale, except perishable sandwiches, salads, or other products with a shelf life of less than 3 days.
**(d) Labeling standard**
(1) It is a violation of [section 45 of title 15](https://uscode.house.gov/view.xhtml
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1385
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “depletion” or “depleted” means any case in which—
(A) the Secretary, after consultation with the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III of this chapter, determines that a species or population stock is below its optimum sustainable population;
(B) a State, to which authority for the conservation and management of a species or population stock is transferred under [section 1379 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1379&num=0&edition=prelim), determines that such species or stock is below its optimum sustainable population; or
(C) a species or population stock is listed as an endangered species or a threatened species under the Endangered Species Act of 1973 [[16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.].
(2) The terms “conservation” and “management” mean the collection and application of biological information for the purposes of increasing and maintaining the number of animals within species and populations of marine mammals at their optimum sustainable population. Such terms include the entire scope of activities that constitute a modern scientific resource program, including, but not limited to, research, census, law enforcement, and habitat acquisition and improvement. Also included within these terms, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking.
(3) The term “district court of the United States” includes the District Court of Guam, District Court of the Virgin Islands, District Court of Puerto Rico, District Court of the Ca
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1362
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Consistent with the regulations issued pursuant to [section 1413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1413&num=0&edition=prelim), the Secretary shall issue a permit to a vessel of the United States authorizing participation in the International Dolphin Conservation Program and may require a permit for the person actually in charge of and controlling the fishing operation of the vessel. The Secretary shall prescribe such procedures as are necessary to carry out this subsection, including requiring the submission of—
(A) the name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and address of the owner thereof; and
(B) the tonnage, hold capacity, speed, processing equipment, and type and quantity of gear, including an inventory of special equipment required under [section 1413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1413&num=0&edition=prelim), with respect to each vessel.
(2) The Secretary is authorized to charge a fee for granting an authorization and issuing a permit under this section. The level of fees charged under this paragraph may not exceed the administrative cost incurred in granting an authorization and issuing a permit. Fees collected under this paragraph shall be available to the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred in granting authorizations and issuing permits under this section.
(3) After the effective date of the International Dolphin Conservation Program Act, no vessel of the United States shall operate in the yellowfin tuna fishery in the eastern tropical Pacific Ocean without a valid permit issued under this s
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1416
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Federal law — U.S. Code and appendices · legal_authorities
Page 1830
TITLE 16—CONSERVATION
§ 1417
1 So in original. Probably should be ‘‘section’’.
2 So in original. The word ‘‘and’’ probably should not appear.
by, any such vessel or person under this sec-
tion.
(2) In imposing a sanction under this sub-
section, the Secretary shall take into account—
(A) the nature, circumstances, extent, and
gravity of the prohibited acts for which the
sanction is imposed; and
(B) with respect to the violator, the degree
of culpability, any history of prior offenses,
and other such matters as justice requires.
(3) Transfer of ownership of a vessel, by sale or
otherwise, shall not extinguish any permit sanc-
tion that is in effect or is pending at the time of
transfer of ownership. Before executing the
transfer of ownership of a vessel, by sale or oth-
erwise, the owner shall disclose in writing to the
prospective transferee the existence of any per-
mit sanction that will be in effect or pending
with respect to the vessel at the time of trans-
fer.
(4) In the case of any permit that is suspended
for the failure to pay a civil penalty or criminal
fine, the Secretary shall reinstate the permit
upon payment of the penalty or fine and interest
thereon at the prevailing rate.
(5) No sanctions shall be imposed under this
section unless there has been a prior oppor-
tunity for a hearing on the facts underlying the
violation for which the sanction is imposed, ei-
ther in conjunction with a civil penalty pro-
ceeding under this subchapter or otherwise.
(Pub. L. 92–522, title III, § 306, as added Pub. L.
105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1135.)
Editorial Notes
REFERENCES IN TEXT
For effective date of the International Dolphin Con-
servation Program Act [Pub. L. 105–42], referred to in
subsec. (a)(3), see section 8 of Pub
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1417
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