Title 16ConservationRelease 119-73

§971e Violations

Title 16 › Chapter CHAPTER 16A— - ATLANTIC TUNAS CONVENTION › § 971e

Last updated Apr 6, 2026|Official source

Summary

People in charge of fishing vessels under U.S. rules must follow fishing regulations made from the Commission’s recommendations. It is illegal to fish in ways that break those rules. It is also illegal to move, sell, buy, import, export, or hold fish if you know, or should know, those fish were taken in violation of those recommendations, no matter what country the person or vessel is from. Vessel masters must make and keep catch reports, statistics, and other records required by the rules. They must let authorized officials board and inspect the vessel, its catch, gear, books, and people, and not block those officials. If a species is barred from entry, importing that fish while the ban is in effect is illegal, and U.S. officials must get proof the fish are allowed in. Laws about seizing, forfeiting, selling, and handling cargo under customs rules also apply to violations under this chapter when they fit and do not conflict.

Full Legal Text

Title 16, §971e

Conservation — Source: USLM XML via OLRC

(a)It shall be unlawful—
(1)for any person in charge of a fishing vessel or any fishing vessel subject to the jurisdiction of the United States to engage in fishing in violation of any regulation adopted pursuant to section 971d of this title; or
(2)for any person subject to the jurisdiction of the United States to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish which he knows, or should have known, were taken or retained contrary to the recommendations of the Commission made pursuant to article VIII of the Convention and adopted as regulations pursuant to section 971d of this title, without regard to the citizenship of the person or vessel which took the fish.
(b)It shall be unlawful for the master or any person in charge of any fishing vessel subject to the jurisdiction of the United States 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 by such master or person.
(c)It shall be unlawful for the master or any person in charge of any fishing vessel subject to the jurisdiction of the United States to refuse to permit any person authorized to enforce the provisions of this chapter and any regulations adopted pursuant thereto, to board such vessel and inspect its catch, equipment, books, documents, records, or other articles or question the persons onboard in accordance with the provisions of this chapter, or the Convention, as the case may be, or to obstruct such officials in the execution of such duties.
(d)It shall be unlawful for any person to import, in violation of any regulation adopted pursuant to section 971d(c) or (d) 11 See References in Text note below. 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 fish 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 971d(c) or (d) 1 of this title. In the case of any fish as described in this subsection offered for entry in the United States, the Secretary shall require proof satisfactory to him that such fish is not ineligible for such entry under the terms of section 971d(c) or (d) 1 of this title.
(e)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 971d(d) of this title, referred to in subsec. (d), was amended generally by Pub. L. 101–627, title II, § 207, Nov. 28, 1990, 104 Stat. 4461. Prior to amendment, subsec. (d) related to Commission recommendations concerning bluefin tuna and issuance of

Regulations

in that regard.

Amendments

2015—Subsecs. (e) to (g). Pub. L. 114–81 redesignated subsec. (g) as (e) and struck out former subsecs. (e) and (f), which related to sanctions and forfeiture, respectively. 1998—Subsec. (e). Pub. L. 105–384 made technical amendment to reference in original act which appears in text as reference to section 1858 of this title. 1995—Subsec. (e). Pub. L. 104–43 amended subsec. (e) generally, substituting present provisions for provisions establishing civil penalties for violations of this section, providing for authority of Secretary to assess, remit, or mitigate any civil penalty, providing for notice and hearing prior to assessment, and providing for civil action upon failure to pay penalty.

Reference

Citations & Metadata

Citation

16 U.S.C. § 971e

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73