§ 971c. Authority of Secretary of State; cooperative enforcement agreements

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. 1975

   Atlantic Tunas Convention Act of 1975

   Pub. L. 94–70 § 5 · 89 Stat. 385

   Enacted · 16 U.S.C. § 971c

   Pub. L. 94–70, § 5, Aug. 5, 1975, 89 Stat. 386

   Source evidence

   Code source credit
   Pub. L. 94–70, § 5, Aug. 5, 1975, 89 Stat. 386

   Enacted provision · exact public law section
   Sec. 5. secretary of state to act for the united states (a) The Secretary of State is authorized to receive on behalf of the United States, reports, requests, and other communications of the Commission, and to act thereon directly or by reference to the appropriate authorities. The Secretary of State, with the concurrence of the Secretary and, for matters relating to enforcement, the Secretary of the department in which the Coast Guard is operating, is authorized to take appropriate action on behalf of the United States with regard to recommendations received from the Commission pursuant to article VIII of the Convention. The Secretary and, when 20 UST 2887. appropriate, the Secretary of the department in which the Coast Guard is operating, shall inform the Secretary of State as to what action he considers appropriate within five months of the date of the notification of the recommendation from the Commission, and again within forty-five days of the additional sixty-day period provided by the Convention if any objection is presented by another contracting party to the Convention, or within thirty days of the date of the notification of an objection made within the additional sixty-day period, whichever date shall be the later. After any notification from the Commission that an objection of the United States is to be considered as having no effect, the Secretary shall inform the Secretary of State as to what action he considers appropriate within forty-five days of the sixty-day period provided by the Convention for reaffirming objections. The Secretary of State shall take steps under the Convention to insure that a recommendation pursuant to article VIII of the Convention does not become effective for the United States prior to its becoming effective for all contracting parties conducting fisheries affected by such recommendation on a meaningful scale in terms of their effect upon the success of the conservation program, unless he determines, with the concurrence of the Secretary, and, for matters relating to enforcement, the Secretary of the department in which the Coast Guard is operating, that the purposes of the Convention would be served by allowing a recommendation to take effect for the United States at some earlier time. (b) The Secretary of State, in consultation with the Secretary and Cooperative enforcement agreements. the Secretary of the department, in which the Coast Guard is operating, is authorized to enter into agreements with any contracting party, pursuant to paragraph 3 of article IX of the Convention, relating to cooperative enforcement of the provisions of the Convention, recommendations in force for the United States and such party or parties under the Convention, and regulations adopted by the United States and such contracting party or parties pursuant to recommendations of the Commission. Such agreements may authorize personnel of the United States to enforce measures under the Convention and under regulations of another party with respect to persons under that party’s jurisdiction, and may authorize personnel of another party to enforce measures under the Convention and under United States regulations with respect to persons subject to the jurisdiction of the United States. Enforcement under such an agreement may not take place within the territorial seas or fisheries zone of the United States. Such agreements shall not subject persons or vessels under the jurisdiction of the United States to prosecution or assessment of penalties by any court or tribunal of a foreign country.

2. 1995

   Atlantic Tunas Convention Authorization Act of 1995

   Pub. L. 104–43 title III § 303(3) · 109 Stat. 366

   Substituted · 16 U.S.C. § 971c(b)

   Pub. L. 104–43 substituted “exclusive economic zone” for “fisheries zone” after “territorial seas or” in third sentence

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–43 substituted “exclusive economic zone” for “fisheries zone” after “territorial seas or” in third sentence.

   Enacted provision · exact public law section
   (3) by striking “fisheries zone” wherever it appears in the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.) and inserting “exclusive economic zone”.

3. 1998

   Pub. L. 105–384 title II § 202(b)(1)(B) · 112 Stat. 3451

   Changed · 16 U.S.C. § 971c(b)

   Pub. L. 105–384 directed amendment identical to amendment by Pub. L. 104–43. See 1995 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–384 directed amendment identical to amendment by Pub. L. 104–43. See 1995 Amendment note below.

   Enacted provision · exact public law section
   (B) in section 5(b) (16 U.S.C. 971c(b)), by striking “fisheries zone” and inserting “exclusive economic zone”;

3 of 3 references resolved to an enrolled provision