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16 U.S.C. § 971e — Violations

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 971e — Violations

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971d&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971d&num=0&edition=prelim), 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 th

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Stable record: federal_law:legal_authorities:record_usc_d3dad0743a2f947cf4f79be5
Source file: Laws/federal/codes/united-states-code/title-16/section-971e-violations--49005bbf21.md
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Source location: Title 16, Chapter 16A, § 971e; chapter-16a-atlantic-tunas-convention.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971d&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971d&num=0&edition=prelim), 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) 11 See References in Text note below. 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) 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) 1 of this title. **(e) 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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1858 — Civil penalties and permit sanctions

**(a) Assessment of penalty** 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 1857 or [section 1870 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1870&num=0&edition=prelim) shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $100,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary 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, and such other matters as justice may require. In assessing such penalty the Secretary may also consider any information provided by the violator relating to the ability of the violator to pay, Provided, That the information is served on the Secretary at least 30 days prior to an administrative hearing. **(b) Review of civil penalty** Any person against whom a civil penalty is assessed under subsection (a) or against whom a permit sanction is imposed under subsection (g) (other than a permit suspension for nonpayment of penalty or fine) may obtain review thereof in the United States district court for the appropriate district by filing a complaint against the Secretary in such court within 30 days from the date of such order. The Secretary shall promptly file in such cou

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 971d — Administration

**(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 j

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 971e — Violations

Page 1576 TITLE 16—CONSERVATION § 971e 1 See References in Text note below. (a) pursuant to Reorg. Plan No. 2 of 1978, § 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. § 971e. Violations (a) In general It shall be unlawful— (1) for any person in charge of a fishing ves- sel or any fishing vessel subject to the juris- diction of the United States to engage in fish- ing in violation of any regulation adopted pur- suant to section 971d of this title; or (2) for any person subject to the jurisdiction of the United States to ship, transport, pur- chase, 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 rec- ommendations of the Commission made pursu- ant to article VIII of the Convention and adopted as regulations pursuant to section 971d of this title, without regard to the citi- zenship 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 per- son 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 regu- lations adopted pursuant to this chapter to be made, kept, or furnished by such master or per- son. (c) Refusal of request to board and inspect vess

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