16 U.S.C. § 973c — Prohibited acts

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 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 ef- fect of rendering any such information false, incomplete, or misleading; (7) to intentionally destroy evidence which could be used to determine if a violation of this chapter or the Treaty has occurred; (8) to refuse to permit any Authorized Offi- cer 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; (9) to refuse to comply with the instructions of an Authorized Officer or Authorized Party Officer relating to fishing activities under the Treaty; (10) to forcibly assault, resist, oppose, im- pede, intimidate, or interfere with— (A) any Authorized Officer or Authorized Party Officer in the conduct of a search or inspection in connection with the enforce- ment of this chapter or the Treaty; or (B) an observer in the conduct of observer duties under the Treaty; (11) to resist a lawful arrest for any act pro- hibited by this section; (12) to interfere with, delay, or prevent, by any means, the apprehension or arrest of an- other person, knowing that such other person has committed any act prohibited by this sec- tion; or (13) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or re- tained in violation of this chapter or any regu- lation, permit, or the Treaty, with the knowl- edge that the fish were so taken or retained. (b) Except as provided in section 973d of this title, it is unlawful for any person subject to the jurisdiction of the United States when in the Li- censing Area— (1) to use a vessel to fish unless validly li- censed 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 li- cense; (5) to operate a vessel in such a way as to disrupt or in any other way adversely affect the activities of traditional and locally based fishermen and fishing vessels; (6) to use a vessel to fish in a manner incon- sistent with an order issued by the Secretary under section 973i of this title; or (7) 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. (Pub. L. 100–330, § 5, June 7, 1988, 102 Stat. 592.) § 973d. Exceptions (a) The prohibitions of section 973c of this title and the licensing requirements of section 973g of this title shall not apply to fishing for albacore tuna by vessels using the trolling method or to fishing by vessels using the longline method in the high seas areas of the Treaty area. (b) The prohibitions of section 973c(a)(4), (a)(5), and (b)(3) of this title shall not apply to fishing under the terms and conditions of an arrange- ment which has been reached under paragraph 3 of Article 3 of the Treaty and which, pursuant to a decision by the Secretary of State under sec- tion 973p of this title, is covered by Article 4 and paragraph 6 of Article 5 of the Treaty. (Pub. L. 100–330, § 6, June 7, 1988, 102 Stat. 594; Pub. L. 108–219, title IV, § 402, Apr. 13, 2004, 118 Stat. 617.) Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–219 substituted ‘‘or to fishing by vessels using the longline method in the high seas areas of the Treaty area’’ for ‘‘outside of the 200 nautical mile fisheries zones of the Pacific Island Par- ties’’.