16 U.S.C. § 1416 — Permits

Page 1829 TITLE 16—CONSERVATION § 1416 by the Secretary to carry out the research de- scribed in subsection (a): (A) $4,000,000 for fiscal year 1998. (B) $3,000,000 for fiscal year 1999. (C) $4,000,000 for fiscal year 2000. (D) $1,000,000 for fiscal year 2001. (2) In addition to the amount authorized to be appropriated under paragraph (1), there are au- thorized to be appropriated to the Secretary for carrying out this section $3,000,000 for each of the fiscal years 1998, 1999, 2000, and 2001. (Pub. L. 92–522, title III, § 304, as added Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1133.) Editorial Notes PRIOR PROVISIONS A prior section 304 of Pub. L. 92–522 was classified to section 1414 of this title prior to repeal by Pub. L. 105–42. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance gen- erally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 1415. Reports by Secretary Notwithstanding section 1373(f) of this title, the Secretary shall submit annual reports to the Congress which include— (1) results of research conducted pursuant to section 1414a of this title; (2) a description of the status and trends of stocks of tuna; (3) a description of the efforts to assess, avoid, reduce, and minimize the bycatch of ju- venile yellowfin tuna and bycatch of nontar- get species; (4) a description of the activities of the International Dolphin Conservation Program and of the efforts of the United States in sup- port of the Program’s goals and objectives, in- cluding the protection of dolphin stocks in the eastern tropical Pacific Ocean, and an assess- ment of the effectiveness of the Program; (5) actions taken by the Secretary under sec- tion 1371(a)(2)(B) of this title and section 1371(d) of this title; (6) copies of any relevant resolutions and de- cisions of the Inter-American Tropical Tuna Commission, and any regulations promulgated by the Secretary under this subchapter; and (7) any other information deemed relevant by the Secretary. (Pub. L. 92–522, title III, § 305, as added Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1134.) Editorial Notes PRIOR PROVISIONS A prior section 1415, Pub. L. 92–522, title III, § 305, as added Pub. L. 102–523, § 2(a), Oct. 26, 1992, 106 Stat. 3428, related to international commitments, prior to repeal by Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1130. A prior section 305 of Pub. L. 92–522 was renumbered section 405 and is classified to section 1421d 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. § 1416. Permits (a) In general (1) Consistent with the regulations issued pur- suant to section 1413 of this title, the Secretary shall issue a permit to a vessel of the United States authorizing participation in the Inter- national 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, proc- essing equipment, and type and quantity of gear, including an inventory of special equip- ment required under section 1413 of this title, with respect to each vessel. (2) The Secretary is authorized to charge a fee for granting an authorization and issuing a per- mit under this section. The level of fees charged under this paragraph may not exceed the admin- istrative cost incurred in granting an authoriza- tion and issuing a permit. Fees collected under this paragraph shall be available to the Under Secretary of Commerce for Oceans and Atmos- phere for expenses incurred in granting author- izations 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 section. (b) Permit sanctions (1) In any case in which— (A) a vessel for which a permit has been issued under this section has been used in the commission of an act prohibited under section 1417 of this title; (B) the owner or operator of any such vessel or any other person who has applied for or been issued a permit under this section has acted in violation of section 1417 of this title; or (C) any civil penalty or criminal fine im- posed on a vessel, owner or operator of a ves- sel, or other person who has applied for or been issued a permit under this section has not been paid or is overdue, the Secretary may— (i) revoke any permit with respect to such vessel, with or without prejudice to the issuance of subsequent permits; (ii) suspend such permit for a period of time considered by the Secretary to be appropriate; (iii) deny such permit; or (iv) impose additional conditions or restric- tions on any permit issued to, or applied for 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: