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16 U.S.C. § 973c — Prohibited acts
Federal law — U.S. Code and appendices · legal_authorities
**(a)** It is unlawful for any person subject to the jurisdiction of the United States—
(1) to violate any provision of this chapter or any regulation or order issued pursuant to this chapter;
(2) to use a vessel for fishing in violation of an applicable national law;
(3) to use a vessel for fishing in any Closed Area, except in accordance with an agreement pursuant to the Treaty;
(4) to falsify any information required to be reported, notified, communicated, or recorded pursuant to a requirement of this chapter, or to fail to submit any required information, or to fail to report to the Secretary immediately any change in circumstances which has the effect of rendering any such information false, incomplete, or misleading;
(5) to intentionally destroy evidence which could be used to determine if a violation of this chapter or the Treaty has occurred;
(6) to refuse to permit any Authorized Officer or Authorized Party Officer to board a fishing vessel for purposes of conducting a search or inspection in connection with the enforcement of this chapter or the Treaty;
(7) to refuse to comply with the instructions of an Authorized Officer or Authorized Party Officer relating to fishing activities under the Treaty;
(8) to forcibly assault, resist, oppose, impede, intimidate, or interfere with—
(A) any Authorized Officer or Authorized Party Officer in the conduct of a search or inspection in connection with the enforcement of this chapter or the Treaty; or
(B) an observer in the conduct of observer duties under the Treaty;
(9) to resist a lawful arrest for any act prohibited by this section;
(10) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by thi
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Stable record: federal_law:legal_authorities:record_usc_85cd95598fa99db7a5169c07
Source file: Laws/federal/codes/united-states-code/title-16/section-973c-prohibited-acts--3b98f57824.md
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Passage SHA-256: c1eaa8a936e9a968ffd6650620f80f59b2660e920835a80c79fdf422d81a825f
Source location: Title 16, Chapter 16C, § 973c; chapter-16c-south-pacific-tuna-fishing.md
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**(a)** It is unlawful for any person subject to the jurisdiction of the United States—
(1) to violate any provision of this chapter or any regulation or order issued pursuant to this chapter;
(2) to use a vessel for fishing in violation of an applicable national law;
(3) to use a vessel for fishing in any Closed Area, except in accordance with an agreement pursuant to the Treaty;
(4) to falsify any information required to be reported, notified, communicated, or recorded pursuant to a requirement of this chapter, or to fail to submit any required information, or to fail to report to the Secretary immediately any change in circumstances which has the effect of rendering any such information false, incomplete, or misleading;
(5) to intentionally destroy evidence which could be used to determine if a violation of this chapter or the Treaty has occurred;
(6) to refuse to permit any Authorized Officer or Authorized Party Officer to board a fishing vessel for purposes of conducting a search or inspection in connection with the enforcement of this chapter or the Treaty;
(7) to refuse to comply with the instructions of an Authorized Officer or Authorized Party Officer relating to fishing activities under the Treaty;
(8) to forcibly assault, resist, oppose, impede, intimidate, or interfere with—
(A) any Authorized Officer or Authorized Party Officer in the conduct of a search or inspection in connection with the enforcement of this chapter or the Treaty; or
(B) an observer in the conduct of observer duties under the Treaty;
(9) to resist a lawful arrest for any act prohibited by this section;
(10) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section;
(11) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this chapter or any regulation, permit, or the Treaty, with the knowledge that the fish were so taken or retained;
(12) to violate any of the regional terms and conditions; or
(13) to violate any limit on an authorized fishing effort or catch.
**(b)** It is unlawful for any person subject to the jurisdiction of the United States when in the Licensing Area—
(1) to use a vessel to fish unless validly licensed as required by the Administrator;
(2) to use a vessel for directed fishing for southern bluefin tuna or for fishing for any kinds of fish other than tunas, except that fish may be caught as an incidental by-catch;
(3) to use a vessel for fishing by any method other than the purse-seine method;
(4) to use any vessel to engage in fishing after the revocation of its license, or during the period of suspension of an applicable license;
(5) to use a vessel to fish in a manner inconsistent with an order issued by the Secretary under [section 973i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section973i&num=0&edition=prelim); or
(6) except for circumstances involving force majeure and other emergencies involving the health or safety of crew members or the safety of the vessel, to use an aircraft in association with the fishing activities of a vessel unless it is identified in the license application for the vessel, or any amendment thereto.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Order of vessel to leave waters upon failure to submit to jurisdiction of Pacific Island Party; procedure applicable** Following any investigation conducted in accordance with [section 973h(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section973h/b&num=0&edition=prelim), the Secretary, with the concurrence of the Secretary of State, and upon the request of the Pacific Island Party concerned, may order a fishing vessel which has not submitted to the jurisdiction of that Pacific Island Party to leave immediately the Licensing Area and all Closed Areas upon making a finding—
(1) that the fishing vessel—
(A) while fishing in the Licensing Area did not have a license under the Treaty to fish in the Licensing Area, and that under the Treaty, such fishing is not authorized to be conducted in the Licensing Area without a license;
(B) was involved in any incident in which an Authorized Officer, Authorized Party Officer, or observer was allegedly assaulted with resultant bodily harm, physically threatened, forcefully resisted, refused boarding, or subjected to physical intimidation or physical interference in the performance of duties as authorized by this chapter or the Treaty;
(C) has not made full payment within 60 days of any amount due as a result of a final judgment or other final determination deriving from a violation in waters under the jurisdiction of a Pacific Island Party; or
(D) was not represented by an agent for service of process in accordance with the Treaty; or
(2) that there is probable cause to believe that the fishing vessel—
(A) was used in violation of paragraph (3) of section 973c(a) or paragraph (2) or (3) of [section 973c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:U
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 973i
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may establish procedures for review of any agreements for additional fishing access entered into pursuant to the Treaty.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 973p
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 100–330, § 6, June 7, 1988, 102 Stat. 594; Pub. L. 108–219, title IV, § 402, Apr. 13, 2004, 118 Stat. 617, created certain exceptions to prohibitions under [section 973c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section973c&num=0&edition=prelim) and licensing requirements under [section 973g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section973g&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 973d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Determination of liability; amount; participation by Secretary of State in assessment proceeding** Any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim), to have committed an act prohibited by [section 973c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section973c&num=0&edition=prelim), shall be liable to the United States for a civil penalty. Before issuing a notice of violation, the Secretary shall consult with the Secretary of State. The amount of the civil penalty shall be determined in accordance with considerations set forth in the Treaty and shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. The amount of the civil penalty shall not exceed $250,000 for each violation. Upon written notice, the Secretary of State shall have the right to participate in any proceeding initiated to assess a civil penalty for violation of this chapter.
**(b) Judicial review of assessment; procedures applicable** Any person against whom a civil penalty is assessed under subsection (a) of this section may obtain review thereof in the United States district court for the appropriate district by filing a complaint in such court within 30 days from the date of the order and by simultaneously serving a copy of the complaint by certified mail on the Secretary, the Attorney General of the United States, and the appropriate United States Attorney. The Secretary shall pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 973f
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Federal law — U.S. Code and appendices · legal_authorities
Page 1581
TITLE 16—CONSERVATION
§ 973d
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Authority to promulgate regulations effective on
June 7, 1988, with any such regulation not to be effec-
tive before date on which Treaty enters into force for
the United States, see section 21 of Pub. L. 100–330, set
out as an Effective Date note under section 973 of this
title.
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 relat-
ing 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 Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
§ 973c. Prohibited acts
(a) Except as provided in section 973d of this
title, it is unlawful for any person subject to the
jurisdiction of the United States—
(1) to violate any provision of this chapter or
any regulation or order issued pursuant to this
chapter;
(2) to use a vessel for fishing in violation of
an applicable national law;
(3) who has entered into a fishing arrange-
ment under paragraph 3 of Article 3 of the
Treaty, to violate the terms and conditions of
such fishing arrangement if the Secretary of
State has decided under section 973p of this
title that Article 4 and paragraph 6 of Article
5 of the Treaty shall apply to the arrange-
ment;
(4) to use a vessel for fishing in any Limited
Area in violation of any requirement in Sched-
ule 3 of Annex I of the Treaty;
(5) to use a vessel for fishing in any Closed
Area;
(6) to falsify any information required to be
re
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 973c
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