§ 973c. Prohibited acts

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. 1988

   South Pacific Tuna Act of 1988

   Pub. L. 100–330 § 5 · 102 Stat. 591

   Enacted · 16 U.S.C. § 973c

   Pub. L. 100–330, § 5, June 7, 1988, 102 Stat. 592

   Source evidence

   Code source credit
   Pub. L. 100–330, § 5, June 7, 1988, 102 Stat. 592

   Enacted provision · exact public law section
   SEC. 5. PROHIBITED ACTS. (a) Except as provided in section 6 of this Act, it is unlawful for any person subject to the jurisdiction of the United States— (1) to violate any provision of this Act or any regulation or order issued pursuant to this Act; (2) to use a vessel for fishing in violation of an applicable national law; (3) who has entered into a fishing arrangement 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 18 of this Act that Article 4 and paragraph 6 of Article 5 of the Treaty shall apply to the arrangement; (4) to use a vessel for fishing in any Limited Area in violation of any requirement in Schedule 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 Act, or to fail to submit any required information, or to fail to report to the Secretary immediately any change in circumstances which has the effect 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 Act or the Treaty has occurred; (8) to refuse to permit any Authorized Officer or Authorized Party Officer to board a fishing vessel for purposes of conducting a search or inspection in connection with the enforcement of this Act 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, impede, intimidate, or interfere with— (A) any Authorized Officer or Authorized Party Officer in the conduct of a search or inspection in connection with the enforcement of this Act 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 prohibited by this section; (12) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section; or (13) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this Act or any regulation, permit, or the Treaty, with the knowledge that the fish were so taken or retained. (b) Except as provided in section 6 of this Act, it is unlawful for any person subject to the jurisdiction of the United States when in the Licensing Area— (1) to use a vessel to fish unless validly licensed 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 license; (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 inconsistent with an order issued by the Secretary under section 11 of this Act; 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.

2. 2025

   Pub. L. 119–60 § 8413(a)(1) · 139 Stat. 1915

   Substituted · 16 U.S.C. § 973c(a)

   Pub. L. 119–60, § 8413(a)(1), substituted “It is unlawful” for “Except as provided in section 973d of this title, it is unlawful” in introductory provisions

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 119–60, § 8413(a)(1), substituted “It is unlawful” for “Except as provided in section 973d of this title, it is unlawful” in introductory provisions.

3. 2025

   Pub. L. 119–60 § 8413(a)(2) · 139 Stat. 1915

   1. Redesignated · 16 U.S.C. § 973c(a)(3)

      Pub. L. 119–60, § 8413(a)(2)–(4), redesignated par. (5) as (3)

   2. Inserted · 16 U.S.C. § 973c(a)(3)

      Pub. L. 119–60, § 8413(a)(2)–(4), inserted “, except in accordance with an agreement pursuant to the Treaty” after “Closed Area”

   3. Struck · 16 U.S.C. § 973c(a)(3)

      Pub. L. 119–60, § 8413(a)(2)–(4), struck out former par. (3) which read as follows: “who has entered into a fishing arrangement 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 arrangement;”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 119–60, § 8413(a)(2)–(4), redesignated par. (5) as (3), inserted “, except in accordance with an agreement pursuant to the Treaty” after “Closed Area”, and struck out former par. (3) which read as follows: “who has entered into a fishing arrangement 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 arrangement;”.

4. 2025

   Pub. L. 119–60 § 8413(a)(2) · 139 Stat. 1915

   1. Redesignated · 16 U.S.C. § 973c(a)(4)

      Pub. L. 119–60, § 8413(a)(2), (3), redesignated par. (6) as (4)

   2. Struck · 16 U.S.C. § 973c(a)(4)

      Pub. L. 119–60, § 8413(a)(2), (3), struck out former par. (4) which read as follows: “to use a vessel for fishing in any Limited Area in violation of any requirement in Schedule 3 of Annex I of the Treaty;”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 119–60, § 8413(a)(2), (3), redesignated par. (6) as (4) and struck out former par. (4) which read as follows: “to use a vessel for fishing in any Limited Area in violation of any requirement in Schedule 3 of Annex I of the Treaty;”.

5. 2025

   Pub. L. 119–60 § 8413(a)(3) · 139 Stat. 1915

   Redesignated · 16 U.S.C. § 973c(a)(5)(11)

   Pub. L. 119–60, § 8413(a)(3), redesignated pars. (7) to (13) as (5) to (11), respectively. Former pars. (5) and (6) redesignated (3) and (4), respectively

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(5) to (11). Pub. L. 119–60, § 8413(a)(3), redesignated pars. (7) to (13) as (5) to (11), respectively. Former pars. (5) and (6) redesignated (3) and (4), respectively.

6. 2025

   Pub. L. 119–60 § 8413(a)(5) · 139 Stat. 1915

   Redesignated · 16 U.S.C. § 973c(a)(12); 16 U.S.C. § 973c(a)(13)

   Pub. L. 119–60, § 8413(a)(5)–(7), added pars. (12) and (13). Former pars. (12) and (13) redesignated (10) and (11), respectively

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(12), (13). Pub. L. 119–60, § 8413(a)(5)–(7), added pars. (12) and (13). Former pars. (12) and (13) redesignated (10) and (11), respectively.

7. 2025

   Pub. L. 119–60 § 8413(b)(1) · 139 Stat. 1915

   Substituted · 16 U.S.C. § 973c(b)

   Pub. L. 119–60, § 8413(b)(1), substituted “It is unlawful” for “Except as provided in section 973d of this title, it is unlawful”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 119–60, § 8413(b)(1), substituted “It is unlawful” for “Except as provided in section 973d of this title, it is unlawful”.

8. 2025

   Pub. L. 119–60 § 8413(b)(2) · 139 Stat. 1915

   1. Redesignated · 16 U.S.C. § 973c(b)(5)(7)

      Pub. L. 119–60, § 8413(b)(2), (3), redesignated pars. (6) and (7) as (5) and (6), respectively

   2. Struck · 16 U.S.C. § 973c(b)(5)(7)

      Pub. L. 119–60, § 8413(b)(2), (3), struck out former par. (5) which read as follows: “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;”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (b)(5) to (7). Pub. L. 119–60, § 8413(b)(2), (3), redesignated pars. (6) and (7) as (5) and (6), respectively, and struck out former par. (5) which read as follows: “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;”.

1 of 12 references resolved to an enrolled provision · 11 unresolved