PRIA, Government Policy, Made Personal

Summary

The Secretary of State can receive recommendations from the Commission and act on them. He must get agreement from the Secretary and, for enforcement matters, from the head of the department that runs the Coast Guard. The Secretary (and that Coast Guard official when needed) must tell the Secretary of State what action they think is appropriate within five months after a recommendation is sent. They must report again within the time windows set by the Convention: a 45-day window after an extra 60-day objection period if another country objects, or within 30 days after a later objection notification, whichever comes later. If the Commission says a U.S. objection no longer counts, the Secretary must report back within 45 days of the Convention’s 60-day reaffirmation period. The Secretary of State must not let a recommendation apply to the U.S. before it applies to all other major fishing parties, unless he and the others agree earlier effect serves the Convention. The Secretary of State, after consulting the Secretary and the Coast Guard’s head, may make cooperative enforcement agreements with other treaty parties. Those agreements can let U.S. staff enforce another party’s measures against people under that party’s control, and let their staff enforce U.S. measures against people under U.S. control. Enforcement under such agreements cannot happen inside U.S. territorial seas or the exclusive economic zone, and they cannot allow foreign courts to prosecute or fine U.S. people or vessels.

Title 16, §971c

Conservation, Source: USLM XML via OLRC

(a)Recommendations from Commission

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)Enforcement agreements

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