§ 971e. Violations

Footnotes

1. 1 See References in Text note below.

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 § 7 · 89 Stat. 385

   Enacted · 16 U.S.C. § 971e

   Pub. L. 94–70, § 7, Aug. 5, 1975, 89 Stat. 390

   Source evidence

   Code source credit
   Pub. L. 94–70, § 7, Aug. 5, 1975, 89 Stat. 390

   Enacted provision · exact public law section
   Sec. 7. violations; fines and forfeitures; application of related laws (a) It shall be unlawful— (1) for any person in charge of a fishing vessel or any fishing vessel subject to the jurisdiction of the United States to engage in fishing in violation of any regulation adopted pursuant to section 6 of this Act; or (2) for any person subject to the jurisdiction of the United States to ship, transport, purchase, 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 recommendations of the Commission made pursuant to article VIII of the Convention and adopted as regulations pursuant to section 6 of this Act, without regard to the citizenship of the person or vessel which took the fish, (b) It Shall be unlawful for the master or any person 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 regulations adopted pursuant, to this Act to be made, kept, or furnished by such master or person. (c) It shall be unlawful for the master or any person in charge of any fishing vessel subject to the jurisdiction of the United States to refuse to permit any person authorized to enforce the provisions of this Act and any regulations adopted pursuant thereto, to board such vessel and inspect its catch, equipment, books, documents, records, or other articles or question the persons onboard in accordance with the provisions of this Act, or the Convention, as the case may be, or to obstruct such officials in the execution of such duties. (d) It shall be unlawful for any person to import, in violation of any regulation adopted pursuant to section 6(c) or (d) of this Act, from any country, any fish in any form of those species subject to regulation pursuant to a recommendation of the Commission, or any fish in any form not under regulation but under investigation by the Commission, during the period such fish have been denied entry in accordance with the provisions of section 6 (c) or (d) of this Act. In the case of any fish as described in this subsection offered for entry in the United States, the Secretary shall require proof satisfactory to him that such fish is not ineligible for such entry under the terms of section 6 (c) or (d) of this Act. (e) (1) Any person who— (A) violates any provision of subsection (a) of this section shall be assessed a civil penalty of not more than $25,000, and for any subsequent violation of such subsection (a) shall be assessed a civil penalty of not more than $50,000; (B) violates any provision of subsection (b) or (c) of this section shall be assessed a civil penalty of not more than $1,000, and for any subsequent violation of such subsection (b) or (c) shall be assessed a civil penalty of not more than $5,000; or (C) violates any provision of subsection (d) of this section shall be assessed a civil penalty of not more than $100,000. (2) The Secretary is responsible for the assessment of the civil penalties provided for in paragraph (1). The Secretary may remit or mitigate any civil penalty assessed by him under this subsection for good cause shown. (3) No penalty shall be assessed under this subsection unless the Notice and hearing. person accused of committing any violation is given notice and opportunity for a hearing with respect to such violation. (4) Upon any failure of any person to pay a penalty assessed under Civil action. this subsection, the Secretary may request the Attorney General to institute a civil action in a district, court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. (f) All fish taken or retained in violation of subsection (a) of this Forfeiture. section, or the monetary value thereof, may be forfeited. (g) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition 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 Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act.

2. 1995

   Atlantic Tunas Convention Authorization Act of 1995

   Pub. L. 104–43 title III § 306 · 109 Stat. 366

   1. Amended · 16 U.S.C. § 971e(e)

      Pub. L. 104–43 amended subsec. (e) generally

   2. Substituted · 16 U.S.C. § 971e(e)

      Pub. L. 104–43 substituting present provisions for provisions establishing civil penalties for violations of this section, providing for authority of Secretary to assess, remit, or mitigate any civil penalty, providing for notice and hearing prior to assessment, and providing for civil action upon failure to pay penalty

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 104–43 amended subsec. (e) generally, substituting present provisions for provisions establishing civil penalties for violations of this section, providing for authority of Secretary to assess, remit, or mitigate any civil penalty, providing for notice and hearing prior to assessment, and providing for civil action upon failure to pay penalty.

   Enacted provision · exact public law section
   SEC. 306. FINES AND PERMIT SANCTIONS. Section 7(e) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971(e)) is amended to read as follows: 16 USC 971e. “(e) The civil penalty and permit sanctions of section 308 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1858) are hereby made applicable to violations of this section as if they were violations of section 307 of that Act.”.

3. 1998

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

   Changed · 16 U.S.C. § 971e(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (F) by striking “Magnuson Fishery” each place it appears 16 USC 971, 971b, 971d, 971e. and inserting “Magnuson-Stevens Fishery”.

4. 2015

   Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015

   Pub. L. 114–81 title I § 107(2) · 129 Stat. 649

   1. Redesignated · 16 U.S.C. § 971e(e)(g)

      Pub. L. 114–81 redesignated subsec. (g) as (e)

   2. Struck · 16 U.S.C. § 971e(e)(g)

      Pub. L. 114–81 struck out former subsecs. (e) and (f), which related to sanctions and forfeiture, respectively

   Source evidence

   Code amendment note
   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, respectively.

   Enacted provision · exact public law section
   (2) in section 7 (16 U.S.C. 971e) by striking subsections (e) and (f) and redesignating subsection (g) as subsection (e);

6 of 6 references resolved to an enrolled provision