16 U.S.C. § 1417 — Prohibitions

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. L. 105–42, set out as an Effective Date of 1997 Amendment note under sec- tion 1362 of this title. PRIOR PROVISIONS A prior section 1416, Pub. L. 92–522, title III, § 306, as added Pub. L. 102–523, § 2(a), Oct. 26, 1992, 106 Stat. 3430, related to permits for taking dolphins, prior to repeal by Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1130. A prior section 306 of Pub. L. 92–522 was renumbered section 406 and is classified to section 1421e of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of section, see section 8 of Pub. L. 105–42, set out as an Effective Date of 1997 Amendment note under section 1362 of this title. § 1417. Prohibitions (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 Inter- national Dolphin Conservation Program by a country that is a member of the Inter-Amer- ican Tropical Tuna Commission or has initi- ated and within 6 months thereafter com- pleted all steps required of applicant nations in accordance with Article V, paragraph 3 of the Convention establishing the Inter-Amer- ican Tropical Tuna Commission, to become a member of that organization; (2) except as provided for in subsection 1 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 east- ern tropical Pacific Ocean except in accord- ance with this subchapter and regulations issued pursuant to this subchapter; and 2 (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; (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 sub- ject to that person’s control for purposes of conducting any search or inspection in con- nection with the enforcement of this sub- chapter; 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 vio- lates subsection (a)(1), (2), (3), (4), or (5) shall be subject to a civil penalty under section 1375(a) of this title. (2) Criminal penalty A person that knowingly and willfully vio- lates subsection (a)(5) or (a)(6) shall be subject to a criminal penalty under section 1375(b) of this title. (c) Civil forfeitures Any vessel (including its fishing gear, appur- tenances, 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. (Pub. L. 92–522, title III, § 307, as added Pub. L. 102–523, § 2(a), Oct. 26, 1992, 106 Stat. 3431; amend- ed Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 105–42, § 6(d), Aug. 15, 1997, 111 Stat. 1136.) Editorial Notes CODIFICATION Another section 307 of Pub. L. 92–522 was renumbered section 407 and is classified to section 1421f of this title. AMENDMENTS 1997—Subsec. (a)(1) to (3). Pub. L. 105–42, § 6(d)(1), added pars. (1) to (3) and struck out former pars. (1) to (3) which read as follows: Page 1831 TITLE 16—CONSERVATION § 1421 ‘‘(1) for any person, after June 1, 1994, to sell, pur- chase, offer for sale, transport, or ship, in the United States, any tuna or tuna product that is not dolphin safe; ‘‘(2) for any person or vessel that is subject to the ju- risdiction of the United States, intentionally to set a purse seine net on or to encircle any marine mammal during any tuna fishing operation after February 28, 1994, except— ‘‘(A) as necessary for scientific research approved by the Inter-American Tropical Tuna Commission; ‘‘(B) in accordance with a recommendation that is approved under section 1412(c)(2) of this title; or ‘‘(C) as authorized by the general permit issued to the American Tunaboat Association on December 1, 1980 (including any additional restrictions applicable under section 1416(a) of this title), notwithstanding any agreement under section 1412 of this title with a country that is not a major purse seine tuna fishing country (as that term is defined in section 1416(c) of this title); ‘‘(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 sec- tion 1415(b)(1) or (2) of this title;’’. Subsec. (b)(2). Pub. L. 105–42, § 6(d)(2), inserted ‘‘(a)(5) or’’ before ‘‘(a)(6)’’. Subsec. (d). Pub. L. 105–42, § 6(d)(3), struck out head- ing and text of subsec. (d). Text read as follows: ‘‘For purposes of this section, tuna or a tuna product is dol- phin safe if— ‘‘(1) it does not contain tuna that was harvested on the high seas by a vessel engaged in driftnet fishing, as that term is defined in section 4003 of the Driftnet Impact, Monitoring, Assessment, and Control Act of 1987; ‘‘(2) in the case of tuna or a tuna product that con- tains tuna harvested in the eastern tropical Pacific Ocean, it is dolphin safe under subsection (d)(2) of section 1385 of this title; ‘‘(3) in the case of tuna or a tuna product that con- tains tuna harvested outside the eastern tropical Pa- cific Ocean by a purse seine vessel, it is accompanied by a written statement executed by the captain of the vessel certifying that no purse seine net was in- tentionally deployed on or to encircle dolphins dur- ing the particular voyage on which the tuna was har- vested; and ‘‘(4) in the case of tuna or a product that contains tuna harvested outside the eastern tropical Pacific Ocean by a purse seine vessel in a fishery in which the Secretary has determined that a regular and sig- nificant association occurs between marine mammals and tuna, and in which tuna is harvested through the use of purse seine nets deployed on or to encircle ma- rine mammals, it is accompanied by a written state- ment executed by the captain of the vessel and by an observer, certifying that no purse seine net was in- tentionally deployed on or to encircle marine mam- mals during the particular voyage on which the tuna was harvested.’’ 1996—Subsec. (c). Pub. L. 104–208 made technical amendment to reference in original act which appears in text as reference to section 1860 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT For effective date of amendment by Pub. L. 105–42, see section 8 of Pub. L. 105–42, set out as a note under section 1362 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. § 1418. Repealed. Pub. L. 105–42, § 6(e), Aug. 15, 1997, 111 Stat. 1137 Section, Pub. L. 92–522, title III, § 308, as added Pub. L. 102–523, § 2(a), Oct. 26, 1992, 106 Stat. 3432, related to authorization of appropriations. Another section 308 of Pub. L. 92–522 was renumbered section 409, and is classified to section 1421g of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL For effective date of repeal, see section 8 of Pub. L. 105–42, set out as an Effective Date of 1997 Amendment note under section 1362 of this title. SUBCHAPTER V—MARINE MAMMAL HEALTH AND STRANDING RESPONSE § 1421. Establishment of Program (a) Establishment The Secretary shall, in consultation with the Secretary of the Interior, the Marine Mammal Commission, and individuals with knowledge and experience in marine science, marine mam- mal science, marine mammal veterinary and husbandry practices, and marine conservation, including stranding network participants, estab- lish a program to be known as the ‘‘Marine Mammal Health and Stranding Response Pro- gram’’. (b) Purposes The purposes of the Program shall be to— (1) facilitate the collection and dissemina- tion of reference data on the health of marine mammals and health trends of marine mam- mal populations in the wild; (2) correlate the health of marine mammals and marine mammal populations, in the wild, with available data on physical, chemical, and biological environmental parameters; and (3) coordinate effective responses to unusual mortality events by establishing a process in the Department of Commerce in accordance with section 1421c of this title. (Pub. L. 92–522, title IV, § 401, formerly title III, § 301, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5060; renumbered title IV, § 401, and amended Pub. L. 103–238, § 24(b), (c)(1), Apr. 30, 1994, 108 Stat. 565, 566.) Editorial Notes AMENDMENTS 1994—Subsec. (b)(3). Pub. L. 103–238, § 24(c)(1), made technical amendment to reference to section 1421c of this title to reflect renumbering of corresponding sec- tion of original act. Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 102–587, title III, § 3002, Nov. 4, 1992, 106 Stat. 5060, provided that: ‘‘The Congress finds the following: ‘‘(1) Current stranding network participants have performed an undeniably valuable and ceaseless job of responding to marine mammal strandings over the last 15 years. ‘‘(2) Insufficient understanding of the connection between marine mammal health and the physical, chemical, and biological parameters of their environ-