16 U.S.C. § 973c: Prohibited acts

Summary

People under U.S. jurisdiction must not break the rules here or the orders made under them. They cannot fish in ways that violate national law or fish in Closed Areas unless allowed by the Treaty. They must not lie about, hide, or fail to give required reports, destroy evidence, refuse boarding or inspections, or ignore instructions from authorized officers. They must not assault, block, intimidate, or interfere with officers or observers, resist arrest, help someone avoid arrest, or trade, move, or keep fish they know were taken illegally. They also must follow regional rules and limits on fishing effort or catch. When in the Licensing Area, vessels must have a valid license. They may not use a vessel to target southern bluefin tuna or fish non-tuna species (except as accidental bycatch), must fish only by purse-seine, may not fish while a license is suspended or revoked, must follow Secretary orders, and may not use aircraft with the vessel unless the aircraft is listed on the license application, except in true emergencies.

Title 16, §973c

Conservation, Source: USLM XML via OLRC

(a)It is unlawful for any person subject to the jurisdiction of the United States—

(1)to violate any provision of this chapter or any regulation or order issued pursuant to this chapter;

(2)to use a vessel for fishing in violation of an applicable national law;

(3)to use a vessel for fishing in any Closed Area, except in accordance with an agreement pursuant to the Treaty;

(4)to falsify any information required to be reported, notified, communicated, or recorded pursuant to a requirement of this chapter, or to fail to submit any required information, or to fail to report to the Secretary immediately any change in circumstances which has the effect of rendering any such information false, incomplete, or misleading;

(5)to intentionally destroy evidence which could be used to determine if a violation of this chapter or the Treaty has occurred;

(6)to refuse to permit any Authorized Officer or Authorized Party Officer to board a fishing vessel for purposes of conducting a search or inspection in connection with the enforcement of this chapter or the Treaty;

(7)to refuse to comply with the instructions of an Authorized Officer or Authorized Party Officer relating to fishing activities under the Treaty;

(8)to forcibly assault, resist, oppose, impede, intimidate, or interfere with—

(A)any Authorized Officer or Authorized Party Officer in the conduct of a search or inspection in connection with the enforcement of this chapter or the Treaty; or

(B)an observer in the conduct of observer duties under the Treaty;

(9)to resist a lawful arrest for any act prohibited by this section;

(10)to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section;

(11)to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this chapter or any regulation, permit, or the Treaty, with the knowledge that the fish were so taken or retained;

(12)to violate any of the regional terms and conditions; or

(13)to violate any limit on an authorized fishing effort or catch.

(b)It is unlawful for any person subject to the jurisdiction of the United States when in the Licensing Area—

(1)to use a vessel to fish unless validly licensed as required by the Administrator;

(2)to use a vessel for directed fishing for southern bluefin tuna or for fishing for any kinds of fish other than tunas, except that fish may be caught as an incidental by-catch;

(3)to use a vessel for fishing by any method other than the purse-seine method;

(4)to use any vessel to engage in fishing after the revocation of its license, or during the period of suspension of an applicable license;

(5)to use a vessel to fish in a manner inconsistent with an order issued by the Secretary under section 973i of this title; or

(6)except for circumstances involving force majeure and other emergencies involving the health or safety of crew members or the safety of the vessel, to use an aircraft in association with the fishing activities of a vessel unless it is identified in the license application for the vessel, or any amendment thereto.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 119–60, § 8413(a)(1), substituted “It is unlawful” for “Except as provided in section 973d of this title, it is unlawful” in introductory provisions. Subsec. (a)(3). Pub. L. 119–60, § 8413(a)(2)–(4), redesignated par. (5) as (3), inserted “, except in accordance with an agreement pursuant to the Treaty” after “Closed Area”, and struck out former par. (3) which read as follows: “who has entered into a fishing arrangement under paragraph 3 of Article 3 of the Treaty, to violate the terms and conditions of such fishing arrangement if the Secretary of State has decided under section 973p of this title that Article 4 and paragraph 6 of Article 5 of the Treaty shall apply to the arrangement;”. Subsec. (a)(4). Pub. L. 119–60, § 8413(a)(2), (3), redesignated par. (6) as (4) and struck out former par. (4) which read as follows: “to use a vessel for fishing in any Limited Area in violation of any requirement in Schedule 3 of Annex I of the Treaty;”. Subsec. (a)(5) to (11). Pub. L. 119–60, § 8413(a)(3), redesignated pars. (7) to (13) as (5) to (11), respectively. Former pars. (5) and (6) redesignated (3) and (4), respectively. Subsec. (a)(12), (13). Pub. L. 119–60, § 8413(a)(5)–(7), added pars. (12) and (13). Former pars. (12) and (13) redesignated (10) and (11), respectively. Subsec. (b). Pub. L. 119–60, § 8413(b)(1), substituted “It is unlawful” for “Except as provided in section 973d of this title, it is unlawful”. Subsec. (b)(5) to (7). Pub. L. 119–60, § 8413(b)(2), (3), redesignated pars. (6) and (7) as (5) and (6), respectively, and struck out former par. (5) which read as follows: “to operate a vessel in such a way as to disrupt or in any other way adversely affect the activities of traditional and locally based fishermen and fishing vessels;”.

§973c Prohibited Acts

Summary

Title 16, §973c

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata