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 vessel 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 refuse to permit any person authorized to enforce the pro- visions of this chapter and any regulations adopted pursuant thereto, to board such vessel and inspect its catch, equipment, books, docu- ments, records, or other articles or question the persons onboard in accordance with the provi- sions 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) 1 of this title, from any country, any fish in any form of those species subject to regulation pursuant to a rec- ommendation of the Commission, or any fish in any form not under regulation but under inves- tigation 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 satis- factory 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 disposi- tion 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 incon- sistent with the provisions of this chapter. (Pub. L. 94–70, § 7, Aug. 5, 1975, 89 Stat. 390; Pub. L. 104–43, title III, § 306, Nov. 3, 1995, 109 Stat. 385; Pub. L. 105–384, title II, § 202(b)(1)(F), Nov. 13, 1998, 112 Stat. 3453; Pub. L. 114–81, title I, § 107(2), Nov. 5, 2015, 129 Stat. 658.) Editorial Notes REFERENCES IN TEXT Section 971d(d) of this title, referred to in subsec. (d), was amended generally by Pub. L. 101–627, title II, § 207, Nov. 28, 1990, 104 Stat. 4461. Prior to amendment, sub- sec. (d) related to Commission recommendations con- cerning bluefin tuna and issuance of regulations in that regard. AMENDMENTS 2015—Subsecs. (e) to (g). Pub. L. 114–81 redesignated subsec. (g) as (e) and struck out former subsecs. (e) and (f), which related to sanctions and forfeiture, respec- tively. 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 provi- sions establishing civil penalties for violations of this section, providing for authority of Secretary to assess, remit, or mitigate any civil penalty, providing for no- tice and hearing prior to assessment, and providing for civil action upon failure to pay penalty. § 971f. Enforcement (a) For additional prohibitions relating to this chapter and enforcement of this chapter, see section 1826g of this title. (b) To the extent authorized under the conven- tion or by agreements between the United States and any contracting party concluded pur- suant to section 971c(b) of this title for inter- national enforcement, the duly authorized offi- cials of such party shall have the authority to carry out enforcement activities with respect to this chapter that are otherwise authorized by law with respect to persons or vessels subject to the jurisdiction of the United States, and the of- ficials of the United States authorized pursuant to this section shall have the authority to carry out enforcement activities with respect to this chapter that are otherwise authorized by law 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 jurisdic- tion it shall also provide that the person or ves- sel arrested or seized shall be promptly handed over to a United States enforcement officer or another authorized United States official.