16 USC - Chapter 16: Tuna Conventions - §951-962

1 TUNA CONVENTIONS ACT OF 1950 F:\COMP\OCEAN\TUNA December 3, 2012 F:\COMP\OCEAN\TUNA December 3, 2012 3 TUNA CONVENTIONS ACT OF 1950 [Chapter 907, Sept. 7, 1950, 64 Stat. 777] [Amended through Public Law 106–562, Dec. 23, 2000] AN ACT To give effect to the Convention for the Establishment of an International Commission for the Scientific Investigation of Tuna, signed at Mexico City Janu ary 25, 1949, by the United States of America and the United Mexican States, and the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington May 31, 1949, by the United States of Amer ica and the Republic of Costa Rica, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That ø16 U.S.C. 951 note¿ this Act may be cited as the ‘‘Tuna Conventions Act of 1950’’. SEC. 2. ø16 U.S.C. 951¿ As used in this Act, the term— (a) ‘‘convention’’ includes (1) the Convention for the Estab lishment of an International Commission for the Scientific In vestigation of Tuna, signed at Mexico City January 25, 1949, by the United States of America and the United Mexican States, (2) the Convention for the Establishment of an Inter American Tropical Tuna Commission, signed at Washington May 31, 1949, by the United States of America and the Repub lic of Costa Rica, or both such conventions, as the context re quires; (b) ‘‘commission’’ includes (1) the International Commis sion for the Scientific Investigation of Tuna, (2) the Inter American Tropical Tuna Commission provided for by the con ventions referred to in subsection (a) of this section, or both such commissions, as the context requires; (c) ‘‘United States Commissioners’’ means the members of the commissions referred to in subsection (b) of this section representing the United States of America and appointed pur suant to the terms of the pertinent convention and section 3 of this Act; (d) ‘‘person’’ means every individual, partnership, corpora tion, and association subject to the jurisdiction of the United States; and (e) ‘‘United States’’ shall include all areas under the sov ereignty of the United States, the Trust Territory of the Pacific Islands, and the Canal Zone. SEC. 3. ø16 U.S.C. 952¿ The United States shall be represented on the two commissions by a total of not more than four United States Commissioners, who shall be appointed by the President, serve as such during his pleasure, and receive no compensation for their services as such Commissioners. Individuals serving as such Commissioners shall not be considered to be Federal employees while performing such service, except for purposes of injury com F:\COMP\OCEAN\TUNA December 3, 2012 4 Sec. 4 TUNA CONVENTIONS ACT OF 1950 1 Fishery management functions of the Secretary of the Interior under this Act were trans ferred to the Secretary of Commerce by Reorganization Plan No. 4 of 1970 (5 U.S.C. App.). pensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code. Of such Commissioners— (a) not more than one shall be a person residing elsewhere than in a State whose vessels maintain a substantial fishery in the areas of the conventions; (b) at least one of the Commissioners who are such legal residents shall be a person chosen from the public at large, and who is not a salaried employee of a State or of the Federal Government; (c) at least one shall be either the Administrator, or an ap propriate officer, of the National Marine Fisheries Service; and (d) at least one shall be chosen from a nongovernmental conservation organization. SEC. 4. ø16 U.S.C. 953¿ GENERAL ADVISORY COMMITTEE AND SCI ENTIFIC ADVISORY SUBCOMMITTEE. (a) APPOINTMENTS; PUBLIC PARTICIPATION; COMPENSATION.— The Secretary 1, in consultation with the United States Commis sioners, shall— (1) appoint a General Advisory Committee which shall be composed of not less than 5 nor more than 15 persons with bal anced representation from the various groups participating in the fisheries included under the conventions, and from non governmental conservation organizations; (2) appoint a Scientific Advisory Subcommittee which shall be composed of not less than 5 nor more than 15 qualified sci entists with balanced representation from the public and pri vate sectors, including nongovernmental conservation organiza tions; (3) establish procedures to provide for appropriate public participation and public meetings and to provide for the con fidentiality of confidential business data; and (4) fix the terms of office of the members of the General Advisory Committee and Scientific Advisory Subcommittee, who shall receive no compensation for their services as such members. (b) FUNCTIONS.— (1) GENERAL ADVISORY COMMITTEE.—The General Advisory Committee shall be invited to have representatives attend all nonexecutive meetings of the United States sections and shall be given full opportunity to examine and to be heard on all proposed programs of investigations, reports, recommenda tions, and regulations of the Commission. The General Advi sory Committee may attend all meetings of the international commissions to which they are invited by such commissions. (2) SCIENTIFIC ADVISORY SUBCOMMITTEE.— (A) ADVICE.—The Scientific Advisory Subcommittee shall advise the General Advisory Committee and the Commissioners on matters including— (i) the conservation of ecosystems; F:\COMP\OCEAN\TUNA December 3, 2012 5 Sec. 6 TUNA CONVENTIONS ACT OF 1950 1 So in law. See amendment made by section 2 of Public Law 87–814, 76 Stat. 923. (ii) the sustainable uses of living marine resources related to the tuna fishery in the eastern Pacific Ocean; and (iii) the long-term conservation and management of stocks of living marine resources in the eastern tropical Pacific Ocean. (B) OTHER FUNCTIONS AND ASSISTANCE.—The Scientific Advisory Subcommittee shall, as requested by the General Advisory Committee, the United States Commissioners, or the Secretary, perform functions and provide assistance re quired by formal agreements entered into by the United States for this fishery, including the International Dolphin Conservation Program. These functions may include— (i) the review of data from the Program, including data received from the Inter-American Tropical Tuna Commission; (ii) recommendations on research needs, including ecosystems, fishing practices, and gear technology re search, including the development and use of selective, environmentally safe and cost-effective fishing gear, and on the coordination and facilitation of such re search; (iii) recommendations concerning scientific reviews and assessments required under the Program and en gaging, as appropriate, in such reviews and assess ments; (iv) consulting with other experts as needed; and (v) recommending measures to assure the regular and timely full exchange of data among the parties to the Program and each nation’s National Scientific Ad visory Committee (or its equivalent). (3) ATTENDANCE AT MEETINGS.—The Scientific Advisory Subcommittee shall be invited to have representatives attend all nonexecutive meetings of the United States sections and the General Advisory Subcommittee and shall be given full oppor tunity to examine and to be heard on all proposed programs of scientific investigation, scientific reports, and scientific rec ommendations of the commission. Representatives of the Sci entific Advisory Subcommittee may attend meetings of the Inter-American Tropical Tuna Commission in accordance with the rules of such Commission. øSection 5 was repealed by section 203(b) of Public Law 92– 471, 86 Stat. 787.¿ SEC. 6. ø16 U.S.C. 955¿ (a) The Secretary of State is author ized to approve or disapprove, on behalf of the United States Gov ernment, bylaws and rules, or amendments thereof, adopted by each commission and submitted for approval of the United States Government in accordance with the provisions of the conventions, and, with the concurrence of the Secretary of the Interior,,1 to ap prove or disapprove the general annual programs of the commis sions. The Secretary of State is further authorized to receive, on be half of the United States Government, reports, requests, rec F:\COMP\OCEAN\TUNA December 3, 2012 6 Sec. 6 TUNA CONVENTIONS ACT OF 1950 1 See footnote to section 4(a). 2 Commas so in law. ommendations, and other communications of the commissions, and to take appropriate action thereon either directly or by reference to the appropriate authority. (b) Regulations recommended by each commission pursuant to the convention requiring the submission to the commission of records of operations by boat captains or other persons who partici pate in the fisheries covered by the convention, upon the concur rent approval of the Secretary of State and the Secretary of the In terior 1,,2 shall be promulgated by the latter and upon publication in the Federal Register, shall be applicable to all vessels and per sons subject to the jurisdiction of the United States. (c) Regulations required to carry out recommendations of the commission made pursuant to paragraph 5 of article II of the Con vention for the Establishment of an Inter-American Tropical Tuna Commission shall be promulgated as hereinafter provided by the Secretary of the Interior 1 upon approval of such recommendations by the Secretary of State and the Secretary of the Interior 1. The Secretary of the Interior 1 shall cause to be published in the Fed eral Register a general notice of proposed rulemaking and shall af ford interested persons an opportunity to participate in the rule making through (1) submission of written data, views, or argu ments, and (2) oral presentation at a public hearing. Such regula tions shall be published in the Federal Register and shall be ac companied by a statement of the considerations involved in the issuance of the regulations. After publication in the Federal Reg ister such regulations shall be applicable to all vessels and persons subject to the jurisdiction of the United States on such date as the Secretary of the Interior 1 shall prescribe, but in no event prior to an agreed date for the application by all countries whose vessels engage in fishing for species covered by the convention in the regu latory area on a meaningful scale, in terms of effect upon the suc cess of the conservation program, of effective measures for the im plementation of the commission’s recommendations applicable to all vessels and persons subject to their respective jurisdictions. The Secretary of the Interior 1 shall suspend at any time the application of any such regulations when, after consultation with the Secretary of State and the United States Commissioners, he determines that foreign fishing operations in the regulatory area are such as to con stitute a serious threat to the achievement of the objectives of the commission’s recommendations. The regulations thus promulgated may include the selection for regulation of one or more of the spe cies covered by the convention; the division of the convention waters into areas; the establishment of one or more open or closed seasons as to each area; the limitation of the size of the fish and quantity of the catch which may be taken from each area within any season during which fishing is allowed; the limitation or prohi bition of the incidental catch of a regulated species which may be retained, taken, possessed, or landed by vessels or persons fishing for other species of fish; the requiring of such clearance certificates for vessels as may be necessary to carry out the purposes of the convention and this Act; and such other measures incidental there F:\COMP\OCEAN\TUNA December 3, 2012 7 Sec. 8 TUNA CONVENTIONS ACT OF 1950 1 See footnote to section 4(a). to as the Secretary of the Interior 1 may deem necessary to imple ment the recommendations of the commission: Provided, That upon the promulgation of any such regulations the Secretary of the Inte rior 1 shall promulgate additional regulations, with the concurrence of the Secretary of State, which shall become effective simulta neously with the application of the regulations hereinbefore re ferred to (1) to prohibit the entry into the United States, from any country when the vessels of such country are being used in the con duct of fishing operations in the regulatory area in such manner or in such circumstances as would tend to diminish the effective ness of the conservation recommendations of the commission, of fish in any form of those species which are subject to regulation pursuant to a recommendation of the commission and which were taken from the regulatory area; and (2) to prohibit entry into the United States, from any country, of fish in any form of those spe cies which are subject to regulation pursuant to a recommendation of the commission and which were taken from the regulatory area by vessels other than those of such country in such manner or in such circumstances as would tend to diminish the effectiveness of the conservation recommendations of the commission. In the case of repeated and flagrant fishing operations in the regulatory area by the vessels of any country which seriously threaten the achieve ment of the objectives of the commission’s recommendations, the Secretary of the Interior 1, with the concurrence of the Secretary of State, may, in his discretion, also prohibit the entry from such country of such other species of tuna, in any form, as may be under investigation by the commission and which were taken in the regu latory area. The aforesaid prohibitions shall continue until the Sec retary of the Interior 1 is satisfied that the condition warranting the prohibition no longer exists, except that all fish in any form of the species under regulation which were previously prohibited from entry shall continue to be prohibited from entry. SEC. 7. ø16 U.S.C. 956¿ Any person authorized to carry out en forcement activities under this Act and any person authorized by the commissions shall have power without warrant or other proc ess, to inspect, at any reasonable time, catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this Act to be made, kept, or furnished. SEC. 8. ø16 U.S.C. 957¿ (a) 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 6(c) of this Act, 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 viola tion of such regulations. (b) 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, sta tistical records, or other reports as are required by regulations adopted pursuant to this Act 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 F:\COMP\OCEAN\TUNA December 3, 2012 8 Sec. 9 TUNA CONVENTIONS ACT OF 1950 1 See footnote to section 4(a). of the United States or authorized officials of the commissions to board such vessel or inspect its catch, equipment, books, docu ments, records, or other articles or question the persons on board in accordance with the provisions of this Act, or the convention, as the case may be. (c) It shall be unlawful for any person to import, in violation of any regulation adopted pursuant to section 6(c) of this Act, from any country, any fish in any form of those species subject to regula tion 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 6(c) of this Act. In the case of any fish as described in this subsection offered for entry into the United States, the Secretary of the Interior 1 shall require proof satisfactory to him that such fish is not ineligible for such entry under the terms of section 6(c) of this Act. (d) Any person violating any provision 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) 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) Any person violating any provision of subsection (c) of this section shall be fined not more than $100,000. (g) All fish taken or retained in violation of subsection (a) of this section, or the monetary value thereof, may be forfeited. (h) 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 the provisions of this Act, insofar as such provi sions of law are applicable and not inconsistent with the provisions of this Act. SEC. 9. ø16 U.S.C. 958¿ (a) In order to provide coordination be tween the general annual programs of the commissions and pro grams of other agencies, relating to the exploration, development, and conservation of fishery resources, the Secretary of State may recommend to the United States Commissioners that they consider the relationship of the commissions’ programs to those of such agencies and when necessary arrange, with the concurrence of such agencies, for mutual cooperation between the commissions and such agencies for carrying out their respective programs. (b) All agencies of the Federal Government are authorized on request of the commissions to cooperate in the conduct of scientific and other programs, or to furnish facilities and personnel for the purpose of assisting the commissions in the performance of their duties. (c) The commissions are authorized and empowered to supply facilities and personnel to existing non-Federal agencies to expedite F:\COMP\OCEAN\TUNA December 3, 2012 9 Sec. 10 TUNA CONVENTIONS ACT OF 1950 1 See footnote to section 4(a). research work which in the judgment of the commissions is contrib uting or will contribute directly to the purposes of the conventions. SEC. 10. ø16 U.S.C. 959¿ (a) The judges of the United States district courts and United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be re quired for enforcement of this Act and the regulations issued pur suant thereto. (b) Enforcement of the provisions of this Act and the regula tions issued pursuant thereto shall be the joint responsibility of the United States Coast Guard, the United States Department of the Interior, and the United States Bureau of Customs. In addition, the Secretary of the Interior 1 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 hereunder. When so designated, such officers and employees are authorized to function as Federal law enforcement agents for these purposes. (c) Any person authorized to carry out enforcement activities hereunder shall have the power to execute any warrant or process issued by any officer or court of competent jurisdiction for the en forcement of this Act. (d) Such person so authorized shall have the power— (1) with or without a warrant or other process, to arrest any persons 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 thereunder; (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 such search he has reasonable cause to believe that such vessel or any person on board is engaging in oper ations in violation of the provisions of this Act or the regula tions issued thereunder, then to arrest such person. (e) Such person so authorized may seize, whenever and wher ever lawfully found, all fish taken or retained in violation of the provisions of this Act or the regulations issued pursuant thereto. Any fish so seized may be disposed of pursuant to the order of a court of competent jurisdiction, pursuant to the provisions of sub section (f) of this section or, if perishable, in a manner prescribed by regulations of the Secretary of the Interior 1. (f) Notwithstanding the provisions of section 2464 of title 28 of the 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 fish seized if the process has been levied, on receiving from the claimant of the fish a bond or stipulation for the value of the prop erty with sufficient surety to be approved by a judge of the district court having jurisdiction of the offense, conditioned to deliver the fish seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equivalent value in money or oth erwise to answer the decree of the court in such cause. Such bond F:\COMP\OCEAN\TUNA December 3, 2012 10 Sec. 11 TUNA CONVENTIONS ACT OF 1950 1 So in law. Should be ‘‘vessels’’. 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 fish 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. 11. ø16 U.S.C. 960¿ None of the prohibitions contained in this Act or in the laws and regulations of the States shall prevent the commissions from conducting or authorizing the conduct of fish ing operations and biological experiments at any time for the pur pose of scientific investigations as authorized by the conventions, or shall prevent the commissions from discharging any of its or their functions or duties prescribed by the conventions. SEC. 12. ø16 U.S.C. 961¿ There is hereby authorized to be ap propriated from time to time, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of each convention and of this Act, includ ing— (a) contributions to each commission for the United States share of any joint expenses of the commission and the expenses of the United States Commissioners and their staff, including personal services in the District of Columbia and elsewhere; (b) travel expenses without regard to the Standardized Government Travel Regulations, as amended, the Travel Ex pense Act of 1949, or section 10 of the Act of March 3, 1933 (U. S. C., title 5, sec. 73b); (c) printing and binding without regard to section 11 of the Act of March 1, 1919 (U. S. C., title 44, sec. 111), or section 3709 of the Revised Statutes (U. S. C., title 41, sec. 5); (d) stenographic and other services by contract, if deemed necessary, without regard to section 3709 of the Revised Stat utes (U. S. C., title 41, sec. 5); and (e) purchase, hire, operation, maintenance, and repair of aircraft, motor vehicles (including passenger-carrying vehicles), boats and research vessels. SEC. 13. ø16 U.S.C. 951 note¿ If any provision of this Act or the application of such provision to any circumstances or persons shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other circumstances or per sons shall not be affected thereby. SEC. 14. ø16 U.S.C. 951 note¿ This Act shall take effect with respect to each of the conventions upon the entry into force of that convention, unless such entry into force shall be prior to the date of approval of this Act in which case this Act shall take effect im mediately. SEC. 15. ø16 U.S.C. 962¿ REDUCTION OF BYCATCH IN THE EASTERN TROPICAL PACIFIC OCEAN. The Secretary of State, in consultation with the Secretary of Commerce and acting through the United States Commissioners, shall seek, in cooperation with other nations whose vessel 1 fish for tuna in the eastern tropical Pacific Ocean, to establish standards F:\COMP\OCEAN\TUNA December 3, 2012 11 Sec. 15 TUNA CONVENTIONS ACT OF 1950 and measures for a bycatch reduction program for vessels fishing for yellowfin tuna in the eastern tropical Pacific Ocean. The by catch reduction program shall include measures— (1) to require, to the maximum extent practicable, that sea turtles and other threatened species and endangered species are released alive; (2) to reduce, to the maximum extent practicable, the har vest of nontarget species; (3) to reduce, to the maximum extent practicable, the mor tality of nontarget species; and (4) to reduce, to the maximum extent practicable, the mor tality of juveniles of the target species. F:\COMP\OCEAN\TUNA December 3, 2012