Violations; fines and forfeitures; application of related laws

16 U.S.C. § 957

• Title: 16 — Conservation
• Chapter: 16 — TUNA CONVENTIONS

Text

(a) Fishing violations
It shall be unlawful for any master or other person in charge of a fishing vessel of the United States to engage in fishing in violation of any regulation adopted pursuant to section 955 of this title or for any person knowingly to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or retained in violation of such regulations.
(b) Failures to keep required records; failures to stop upon being hailed; refusals to permit inspections
It shall be unlawful for the master or any person in charge of any fishing vessel of the United States or any person on board such vessel to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this chapter to be made, kept, or furnished; or to fail to stop upon being hailed by a duly authorized official of the United States; or to refuse to permit the duly authorized officials of the United States or authorized officials of the commissions to board such vessel or inspect its catch, equipment, books, documents, records, or other articles or question the persons on board in accordance with the provisions of this chapter, or the convention, as the case may be.
(c) Import violations
It shall be unlawful for any person to import, in violation of any regulation adopted pursuant to section 955 of this title, from any country, any fish in any form of those species subject to regulation pursuant to a recommendation of the commission, or any tuna 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 955 of this title. In the case of any fish as described in this subsection offered for entry into the United States, the Secretary of Commerce shall require proof satisfactory to him that such fish is not ineligible for such entry under the terms of section 955 of this title.
(d) Fines for subsection (a) violations
Any person violating any provisions of subsection (a) of this section shall be fined not more than $25,000, and for a subsequent violation of any provisions of said subsection (a) shall be fined not more than $50,000.
(e) Fines for subsection (b) violations
Any person violating any provision of subsection (b) of this section shall be fined not more than $1,000, and for a subsequent violation of any provision of subsection (b) shall be fined not more than $5,000.
(f) Fines for subsection (c) violations
Any person violating any provision of subsection (c) of this section shall be fined not more than $100,000.
(g) Forfeitures
All fish taken or retained in violation of subsection (a) of this section, or the monetary value thereof, may be forfeited.
(h) Application of related laws
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 chapter, insofar as such provisions of law are applicable and not inconsistent with the provisions of this chapter.
(i) Additional prohibitions and enforcement
For prohibitions relating to this chapter and enforcement of this chapter, see section 1826g of this title.

History

(Sept. 7, 1950, ch. 907, §8, 64 Stat. 779; Pub. L. 87–814, §4, Oct. 15, 1962, 76 Stat. 924; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 114–81, title II, §207, Nov. 5, 2015, 129 Stat. 663.)

Editorial Notes

Editorial Notes

Amendments
2015—Subsecs. (a), (c). Pub. L. 114–81, §207(1), substituted "section 955 of this title" for "section 955(c) of this title" wherever appearing.
Subsec. (i). Pub. L. 114–81, §207(2), added subsec. (i).
1962—Pub. L. 87–814 substituted provisions respecting violations, fines, and forfeitures, and application of related laws for provisions respecting enforcement of chapter.

Executive Documents

Transfer of Functions
Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of 1970, see note set out under section 955 of this title.