§971c — Title 16 Conservation | U.S. Code

Summary

The Secretary of State can take in reports and requests from the Commission and act on its recommendations, or send them to the right U.S. agencies. The Secretary of State must have the agreement of the Secretary and, for enforcement matters, the Coast Guard’s department head before acting on those recommendations. The Secretary and the Coast Guard’s department head must tell the Secretary of State what they think should be done within five months of a Commission recommendation. If another party objects during the extra sixty-day period the Convention allows, they must tell the Secretary of State again within forty-five days of that extra period, or within thirty days after an objection is notified during that extra period, whichever is later. If the Commission says a U.S. objection has no effect, the Secretary must tell the Secretary of State what to do within forty-five days of the sixty-day reaffirmation period. The Secretary of State should not let a recommendation take effect for the United States before it takes effect for all parties that fish on a meaningful scale, unless he and the others agree it should start earlier. With the Secretary and the Coast Guard’s department head, the Secretary of State may make cooperative enforcement agreements with other parties under the Convention. Those agreements can let U.S. personnel enforce another party’s rules against people under that party’s control, and let other parties’ personnel enforce U.S. rules against people under U.S. control. Enforcement under those agreements cannot happen inside the United States’ territorial sea or exclusive economic zone. Those agreements also cannot let foreign courts prosecute or fine people or vessels under U.S. jurisdiction.

Title 16, §971c

Conservation — Source: USLM XML via OLRC

(a)The Secretary of State is authorized to receive on behalf of the United States, reports, requests, and other communications of the Commission, and to act thereon directly or by reference to the appropriate authorities. The Secretary of State, with the concurrence of the Secretary and, for matters relating to enforcement, the Secretary of the department in which the Coast Guard is operating, is authorized to take appropriate action on behalf of the United States with regard to recommendations received from the Commission pursuant to article VIII of the Convention. The Secretary and, when appropriate, the Secretary of the department in which the Coast Guard is operating, shall inform the Secretary of State as to what action he considers appropriate within five months of the date of the notification of the recommendation from the Commission, and again within forty-five days of the additional sixty-day period provided by the Convention if any objection is presented by another contracting party to the Convention, or within thirty days of the date of the notification of an objection made within the additional sixty-day period, whichever date shall be the later. After any notification from the Commission that an objection of the United States is to be considered as having no effect, the Secretary shall inform the Secretary of State as to what action he considers appropriate within forty-five days of the sixty-day period provided by the Convention for reaffirming objections. The Secretary of State shall take steps under the Convention to insure that a recommendation pursuant to article VIII of the Convention does not become effective for the United States prior to its becoming effective for all contracting parties conducting fisheries affected by such recommendation on a meaningful scale in terms of their effect upon the success of the conservation program, unless he determines, with the concurrence of the Secretary, and, for matters relating to enforcement, the Secretary of the department in which the Coast Guard is operating, that the purposes of the Convention would be served by allowing a recommendation to take effect for the United States at some earlier time.

(b)The Secretary of State, in consultation with the Secretary and the Secretary of the department in which the Coast Guard is operating, is authorized to enter into agreements with any contracting party, pursuant to paragraph 3 of article IX of the Convention, relating to cooperative enforcement of the provisions of the Convention, recommendations in force for the United States and such party or parties under the Convention, and regulations adopted by the United States and such contracting party or parties pursuant to recommendations of the Commission. Such agreements may authorize personnel of the United States to enforce measures under the Convention and under regulations of another party with respect to persons under that party’s jurisdiction, and may authorize personnel of another party to enforce measures under the Convention and under United States regulations with respect to persons subject to the jurisdiction of the United States. Enforcement under such an agreement may not take place within the territorial seas or exclusive economic zone of the United States. Such agreements shall not subject persons or vessels under the jurisdiction of the United States to prosecution or assessment of penalties by any court or tribunal of a foreign country.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (b). Pub. L. 105–384 directed amendment identical to amendment by Pub. L. 104–43. See 1995 Amendment note below. 1995—Subsec. (b). Pub. L. 104–43 substituted “exclusive economic zone” for “fisheries zone” after “territorial seas or” in third sentence.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of

November 25, 2002, as modified, set out as a note under section 542 of Title 6. Management of Atlantic Yellowfin Tuna Pub. L. 104–43, title III, § 309(b), Nov. 3, 1995, 109 Stat. 387, as amended by Pub. L. 104–297, title IV, § 406, Oct. 11, 1996, 110 Stat. 3621, provided that: “Not later than

July 1, 1997, the Secretary of Commerce shall implement the recommendations of the International Commission for the Conservation of Atlantic Tunas regarding yellowfin tuna made pursuant to Article VIII of the International Convention for the Conservation of Atlantic Tunas and acted upon favorably by the Secretary of State under section 5(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971c(a)).”

§971c Authority of Secretary of State; cooperative enforcement agreements