Eastern Pacific Tuna Licensing Act of 1984 (16 U.S.C. 972)

1 EASTERN PACIFIC TUNA LICENSING ACT OF 1984 [Public Law 98–445, Approved Oct. 4, 1984, 98 Stat. 1715] [As Amended Through Public Law 98–445, Enacted October 4, 1984] AN ACT To implement the Eastern Pacific Ocean Tuna Fishing Agreement, signed in San Jose, Costa Rica, March 15, 1983. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That ø16 U.S.C. 972 note¿ this Act may be cited as the ‘‘Eastern Pacific Tuna Li censing Act of 1984’’. SEC. 2. ø16 U.S.C. 972¿ DEFINITIONS. As used in this Act— (1) The term ‘‘Agreement’’ means the Eastern Pacific Ocean Tuna Fishing Agreement, signed in San Jose, Costa Rica, March 15, 1983. (2) The term ‘‘Agreement Area’’ means the area within a perimeter determined as follows: From the point on the main land where the parallel of 40 degrees north latitude intersects the coast westward along the parallel of 40 degrees north lati tude to 40 degrees north latitude by 125 degrees west lon gitude, thence southerly along the meridian of 125 degrees west longitude to 20 degrees north latitude by 125 degrees west longitude, thence easterly along the parallel of 20 degrees north latitude to 20 degrees north latitude by 120 degrees west longitude, thence southerly along the meridian of 120 degrees west longitude to 5 degrees north latitude by 120 degrees west longitude, thence easterly along the parallel of 5 degrees north latitude to 5 degrees north latitude by 110 degrees west lon gitude, thence southerly along the meridian of 110 degrees west longitude to 10 degrees south latitude by 110 degrees west longitude, thence easterly along the parallel of 10 degrees south latitude to 10 degrees south latitude by 90 degrees west longitude, thence southerly along the meridian of 90 degrees west longitude to 30 degrees south latitude by 90 degrees west longitude, thence easterly along the parallel of 30 degrees south latitude to the point on the mainland where the parallel intersects the coast; but the Agreement Area does not include the zones within twelve nautical miles of the baseline from which the breadth of territorial sea is measured and the zones within two hundred nautical miles of the baselines of Coastal States not signatories to the Agreement, measured from the same baseline. (3) The term ‘‘designated species of tuna’’ means yellowfin tuna, Thunnus albacares (Bonnaterre, 1788); bigeye tuna, VerDate Nov 24 2008 10:05 Nov 19, 2014 Jkt 000000 PO 00000 Frm 00001 Fmt 9001 Sfmt 9001 F:\COMP\OCEAN\EASTER~1.BEL HOLCPC November 19, 2014 2 Sec. 3 EASTERN PACIFIC TUNA LICENSING ACT OF 1984 1 So in law. Probably should include a comma. 2 So in law. The comma probably should be a semicolon. 3 So in law. Probably should be ‘‘Auxis’’. Thunnus obesus (Lowe, 1839); albacore tuna, Thunnus alalunga (Bonnaterre, 1788); northern bluefin tuna, Thunnus thynnus (Linnaeus, 1758); southern bluefin tuna, Thunnus maccoyil (Castelnau, 1872); skipjack tuna, Katsuwonus pelamis (Linnaeus 1 1578); black skipjack, Euthynnus Lineatus (Kishinouye 1 1920); kawakawa, Euthynnus affinis (Cantor, 1849); bullet tuna, Auxis rochei (Risso, 1810), 2 frigate tuna, Ausix 3 thazard (Lacepede, 1800); eastern Pacific bonito, Sarda chiliensis (Cuvier in Cuvier and Valenciennes, 1831); and Indo Pacific bonito, Sarda orientalis (Temminck and Schlegel, 1844). (4) The term ‘‘Council’’ means the body consisting of the representatives from each Contracting Party to the Agreement which is a Coastal State of the eastern Pacific Ocean or a member of the Inter-American Tropical Tuna Commission at the time of entry into force of the Agreement. SEC. 3. ø16 U.S.C. 972a¿ UNITED STATES REPRESENTATION ON THE COUNCIL. (a) The Secretary of State— (1) shall appoint a United States representative to the Council; and (2) may appoint not more than three alternate United States representatives to the Council. (b) An individual is not eligible for appointment as, or to serve as, the United States representative under subsection (a)(1) unless the individual is an officer or employee of the United States Gov ernment. (c) An individual is not entitled to compensation for serving as the United States representative or an alternate United States rep resentative. (d) While away from home or a regular place of business in the performance of service as the United States representative or an alternate United States representative, an individual is entitled to travel expenses, including per diem in lieu of subsistence, in the same manner as individuals employed intermittently in Govern ment service are allowed expenses under section 5703(b) of title 5 of the United States Code. SEC. 4. ø16 U.S.C. 972b¿ SECRETARY OF STATE TO ACT FOR THE UNITED STATES. The Secretary of State shall receive, on behalf of the United States Government, reports, requests, recommendations and other communications of the Council, and, in consultation with the Sec retary of Commerce, shall act directly thereon or by reference to the appropriate authorities. SEC. 5. ø16 U.S.C. 972c¿ APPLICATION TO OTHER LAWS. (a) Notwithstanding section 4 of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1874), such Act applies with respect to a seizure by a Contracting Party to the Agreement of a vessel of the United States within the Agreement Area for violation of the Agreement if the Secretary of State determines that the violation is not of such seriousness as to diminish the effectiveness of the Agreement. VerDate Nov 24 2008 10:05 Nov 19, 2014 Jkt 000000 PO 00000 Frm 00002 Fmt 9001 Sfmt 9001 F:\COMP\OCEAN\EASTER~1.BEL HOLCPC November 19, 2014 3 Sec. 8 EASTERN PACIFIC TUNA LICENSING ACT OF 1984 1 So in law. Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1997 (as contained in section 101(a), title I of Division A of Public Law 104–208; 110 Stat. 3009–41) provides: SEC. 211. (a) Effective 15 days after the enactment of the Sustainable Fisheries Act, section 1 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801) shall be amend ed to read as follows: ‘‘That this Act may be cited as the ‘Magnuson-Stevens Fishery Conserva tion and Management Act’.’’ (b) Effective 15 days after the enactment of the Sustainable Fisheries Act, all references to the Magnuson Fishery Conservation and Management Act shall be redesignated as references to the Magnuson-Stevens Fishery Conservation and Management Act. Since such section did not actually amend each occurrence of the short title in law, the former short title appears here. (b) The seizure by a Contracting Party to the Agreement of a vessel of the United States shall not be considered to be a seizure described in section 205(a)(4)(C) of the Magnuson Fishery Con servation and Management Act 1 (16 U.S.C. 1825(a)(4)(C)) if the seizure is consistent with the Agreement. SEC. 6. ø16 U.S.C. 972d¿ DISPOSITION OF FEES. All fees accruing to the United States under Article III of the Agreement shall be deposited into the Treasury of the United States. SEC. 7. ø16 U.S.C. 972e¿ REGULATIONS. The Secretary of Commerce, in cooperation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall issue such regulations as may be nec essary to carry out the purposes and objectives of the Agreement and this Act. Regulations may be made applicable as necessary to all persons and vessels subject to the jurisdiction of the United States, wherever located. Regulations concerning the conservation of a designated species of tuna may be issued only to implement conservation recommendations made by the Council under Article 3(D) of the Agreement. SEC. 8. ø16 U.S.C. 972f¿ PROHIBITED ACTS. (a) It is unlawful for any person subject to the jurisdiction of the United States— (1) to engage in fishing for a designated species of tuna within the Agreement Area unless issued a license under the Agreement authorizing such fishing; (2) to engage in fishing for a designated species of tuna within the Agreement area in contravention of regulations pro mulgated by the Secretary of Commerce under the Agreement; (3) knowingly to ship, transport, purchase, sell, offer for sale, export, or have in custody, possession, or control any des ignated species of tuna taken or retained in violation of regula tions issued under section 7; (4) to fail to make, keep, or furnish any catch return, sta tistical record, or other report required by regulations issued under section 7; (5) being a person in charge of a vessel of the United States, to fail to stop upon being hailed by an authorized offi cial of the United States, or to refuse to permit officials of the United States to board the vessel or inspect its catch, equip ment, books, documents, records, or other articles, or to ques tion individuals on board; or VerDate Nov 24 2008 10:05 Nov 19, 2014 Jkt 000000 PO 00000 Frm 00003 Fmt 9001 Sfmt 9001 F:\COMP\OCEAN\EASTER~1.BEL HOLCPC November 19, 2014 4 Sec. 9 EASTERN PACIFIC TUNA LICENSING ACT OF 1984 (6) to import from any country, in violation of any regula tion issued under section 7, any designated species of tuna. (b) Any person who is convicted of violating— (1) subsection (a)(1), (a)(2), or (a)(3) shall be fined or as sessed a civil penalty not more than $25,000, and for a subse quent violation shall be fined or assessed a civil penalty not more than $50,000; (2) subsection (a)(4) or (a)(5) shall be fined or assessed a civil penalty not more than $5,000, and for a subsequent viola tion shall be fined or assessed a civil penalty not more than $5,000; or (3) subsection (a)(6) shall be fined or assessed a civil pen alty not more than $100,000. (c) All designated species of tuna taken or retained in violation of subsection (a) (1), (2), (3), or (6), or the monetary value thereof, is subject to forfeiture. (d) All provisions of law relating to the seizure, judicial for feiture, 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 this Act, insofar as such provisions of law are ap plicable and not inconsistent with the provisions of this Act. SEC. 9. ø16 U.S.C. 972g¿ ENFORCEMENT. (a) The judges of the United States district courts and United States magistrates may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such war rants or other process as may be required for enforcement of this Act and the regulations issued under section 7. (b) The enforcement of this Act and the regulations issued under section 7 shall be the joint responsibility of the department in which the Coast Guard is operating, the Department of Com merce, and the United States Customs Service. In addition, the Secretary of Commerce may designate officers and employees of the States of the United States, of the Commonwealth of Puerto Rico, and of American Samoa to carry out enforcement activities under this section. When so designated, such officers and employees may function as Federal law enforcement agents for these purposes. (c) An individual authorized to carry out enforcement activities under this section has power to execute any warrant or process issued by any officer or court of competent jurisdiction for the en forcement of this Act. (d) An individual so authorized to carry out enforcement activi ties under this section has power— (1) with or without a warrant or other process, to arrest any person subject to the jurisdiction of the United States at any place within the jurisdiction of the United States commit ting in his presence or view a violation of this Act or the regu lations issued under section 7; (2) with or without a warrant or other process, to search any vessel subject to the jurisdiction of the United States, and, if, as a result of the search he has reasonable cause to believe that such vessel or any individual on board is engaging in op VerDate Nov 24 2008 10:05 Nov 19, 2014 Jkt 000000 PO 00000 Frm 00004 Fmt 9001 Sfmt 9001 F:\COMP\OCEAN\EASTER~1.BEL HOLCPC November 19, 2014 5 Sec. 10 EASTERN PACIFIC TUNA LICENSING ACT OF 1984 erations in violation of this Act or any regulation issued there under to arrest such person. (e) An individual authorized to enforce this Act may seize, whenever or wherever lawfully found, all species of designated tuna taken or retained in violation of this Act or the regulations issued under section 7. Any species to seized may be disposed of pursuant to the order of a court of competent jurisdiction, under subsection (f) of this section or, if perishable, in a manner pre scribed by regulations of the Secretary of Commerce. (f) Notwithstanding the provisions of section 2464 of title 28, United States Code, when a warrant of arrest or other process in rem is issued in any cause under this section, the marshal or other officer shall stay the execution of such process, or discharge any species of designated tuna seized if the process has been levied, on receiving from the claimant of the species a bond or stipulation for the value of the property with sufficient surety to be approved by a judge of the district court having jurisdiction of the offense, con ditioned to deliver the species seized, if condemned, without im pairment in value or, in the discretion of the court, to pay its equiv alent value in money or otherwise to answer the decree of the court in such cause. Such bond or stipulation shall be returned to the court and judgment thereon against both the principal and sureties may be recovered in event of any breach of the conditions thereof as determined by the court. In the discretion of the accused, and subject to the direction of the court, the species may be sold for not less than its reasonable market value and the proceeds of such sale placed in the registry of the court pending judgment in the case. SEC. 10. ø16 U.S.C. 972h¿ AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal years after fiscal year 1984 such sums as may be necessary to carry out this Act. VerDate Nov 24 2008 10:05 Nov 19, 2014 Jkt 000000 PO 00000 Frm 00005 Fmt 9001 Sfmt 9001 F:\COMP\OCEAN\EASTER~1.BEL HOLCPC November 19, 2014