§ 1417. Prohibitions

Footnotes

1. 1 So in original. Probably should be “section”.
2. 2 So in original. The word “and” probably should not appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1992

   Marine Mammal Protection Act of 1972

   Pub. L. 92–522 title III § 307 · 86 Stat. 1027

   Enacted · 16 U.S.C. § 1417

   Pub. L. 92–522, title III, § 307, as added Pub. L. 102–523, § 2(a), Oct. 26, 1992, 106 Stat. 3431

   Source evidence

   Code source credit
   Pub. L. 92–522, title III, § 307, as added Pub. L. 102–523, § 2(a), Oct. 26, 1992, 106 Stat. 3431

2. 1996

   Amber Hagerman Child Protection Act of 1996

   Pub. L. 104–208 div. A title I § 101(a)(tII)(s211)(b) · 110 Stat. 3009

   Changed · 16 U.S.C. § 1417(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

3. 1997

   International Dolphin Conservation Program Act

   Pub. L. 105–42 § 6(d)(1) · 111 Stat. 1122

   1. Added · 16 U.S.C. § 1417(a)(1)(3)

      Pub. L. 105–42, § 6(d)(1), added pars. (1) to (3)

   2. Struck · 16 U.S.C. § 1417(a)(1)(3)

      Pub. L. 105–42, § 6(d)(1), struck out former pars. (1) to (3) which read as follows:

   Source evidence

   Code amendment note
   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:

   “(1) for any person, after June 1, 1994, to sell, purchase, 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 jurisdiction 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 section 1415(b)(1) or (2) of this title;”.

   Enacted provision · exact public law section
   (1) by striking paragraphs (1), (2), and (3) of subsection (a) and inserting the following: “(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 International Dolphin Conservation Program by a country that is a member of the Inter-American Tropical Tuna Commission or has initiated and within 6 months thereafter completed all steps required of applicant nations in accordance with Article V, paragraph 3 of the Convention establishing the Inter-American Tropical Tuna Commission, to become a member of that organization; “(2) except as provided for in subsection 101(a), 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 eastern tropical Pacific Ocean except in accordance with this title and regulations issued pursuant to this title; and “(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 101(a)(2);”;

   Effective date note
   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.

4. 1997

   International Dolphin Conservation Program Act

   Pub. L. 105–42 § 6(d)(2) · 111 Stat. 1122

   Inserted · 16 U.S.C. § 1417(b)(2)

   Pub. L. 105–42, § 6(d)(2), inserted “(a)(5) or” before “(a)(6)”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 105–42, § 6(d)(2), inserted “(a)(5) or” before “(a)(6)”.

   Enacted provision · exact public law section
   (2) by inserting “(a)(5) or” before “(a)(6)” in subsection (b)(2); and

   Effective date note
   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.

5. 1997

   International Dolphin Conservation Program Act

   Pub. L. 105–42 § 6(d)(3) · 111 Stat. 1122

   Struck · 16 U.S.C. § 1417(d)

   Pub. L. 105–42, § 6(d)(3), struck out heading and text of subsec. (d). Text read as follows: “For purposes of this section, tuna or a tuna product is dolphin safe if—

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 105–42, § 6(d)(3), struck out heading and text of subsec. (d). Text read as follows: “For purposes of this section, tuna or a tuna product is dolphin 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 contains 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 contains tuna harvested outside the eastern tropical Pacific 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 intentionally deployed on or to encircle dolphins during the particular voyage on which the tuna was harvested; 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 significant 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 marine mammals, it is accompanied by a written statement executed by the captain of the vessel and by an observer, certifying that no purse seine net was intentionally deployed on or to encircle marine mammals during the particular voyage on which the tuna was harvested.”

   Enacted provision · exact public law section
   (3) by striking subsection (d).

   Effective date note
   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.

5 of 6 references resolved to an enrolled provision · 1 partial