16 USC 971 Atlantic Tunas Convention Act

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16 USC Ch. 16A: ATLANTIC TUNAS CONVENTION
From Title 16—CONSERVATION

CHAPTER 16A—ATLANTIC TUNAS CONVENTION
Sec.

971.
971a.
971b.
971b–1.
971c.
971d.
971e.
971f.
971g.
971h.
971i.
971j.
971k.

Definitions.
Commissioners.
Advisory committee.
Species working groups.
Authority of Secretary of State; cooperative enforcement agreements.
Administration.
Violations.
Enforcement.
Cooperation in carrying out Convention.
Authorization of appropriations.
Research on Atlantic highly migratory species.
Repealed.
Savings clause.

§971. Definitions
For the purpose of this chapter—
(1) The term "Convention" means the International Convention for the Conservation of Atlantic Tunas, signed at
Rio de Janeiro May 14, 1966, including any amendments or protocols which are or become effective for the United
States.
(2) The term "Commission" means the International Commission for the Conservation of Atlantic Tunas provided
for in article III of the Convention.
(3) The term "conservation recommendation" means any recommendation of the Commission made pursuant to
Article VIII of the Convention and acted upon favorably by the Secretary of State under section 971c(a) of this title.
(4) The term "Council" means the Council established within the International Commission for the Conservation of
Atlantic Tunas pursuant to article V of the Convention.
(5) The term "exclusive economic zone" means an exclusive economic zone as defined in section 1802 of this title.
(6) The term "fishing" means the catching, taking, or fishing for or the attempted catching, taking, or fishing for any
species of fish covered by the Convention, or any activities in support thereof.
(7) The term "fishing vessel" means any vessel engaged in catching fish or processing or transporting fish loaded
on the high seas, or any vessel outfitted for such activities.
(8) The term "Panel" means any panel established by the Commission pursuant to article VI of the Convention.
(9) The term "person" means every individual, partnership, corporation, and association subject to the jurisdiction
of the United States.
(10) The term "Secretary" means the Secretary of Commerce.
(11) The term "State" includes each of the States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and the territories and possessions of the United States.
(Pub. L. 94–70, §2, Aug. 5, 1975, 89 Stat. 385; Pub. L. 94–265, title IV, §405(a), Apr. 13, 1976, 90 Stat. 361; Pub. L.
95–33, §2, May 26, 1977, 91 Stat. 173; Pub. L. 104–43, title III, §303(1), (2), Nov. 3, 1995, 109 Stat. 384; Pub. L. 105–
384, title II, §202(b)(1)(A), (F), Nov. 13, 1998, 112 Stat. 3452, 3453.)
Editorial Notes

Amendments
1998—Pars. (4), (5). Pub. L. 105–384 renumbered par. (4) defining "exclusive economic zone" as par. (5)
and made technical amendment to reference in original act which appears in text as reference to section
1802 of this title.
1995—Par. (3). Pub. L. 104–43, §303(1), added par. (3). Former par. (3) redesignated (4).
Par. (4). Pub. L. 104–43, §303(2), added par. (4) defining "exclusive economic zone". Former par. (4)
redesignated (5).
Pub. L. 104–43, §303(1), redesignated par. (3) defining "Council" as (4).
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Par. (5). Pub. L. 104–43, §303(2), struck out par. (5) which read as follows: "The term 'fisheries zone'
means the waters included within a zone contiguous to the territorial sea of the United States, of which
the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the outer
boundary is a line drawn in such a manner that each point on it is two hundred nautical miles from the
baseline from which the territorial sea is measured; or similar zones established by other parties to the
Convention to the extent that such zones are recognized by the United States."
Pub. L. 104–43, §303(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Pars. (6) to (11). Pub. L. 104–43, §303(1), redesignated pars. (5) to (10) as (6) to (11), respectively.
1977—Par. (4). Pub. L. 95–33 struck out the comma between "zone" and "contiguous", substituted "two
hundred" for "200", and substituted a semicolon for a comma after "is measured".
1976—Par. (4). Pub. L. 94–265, which directed the substitution of "the waters included within a zone,
contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous
with the seaward boundary of each coastal state, and the outer boundary is a line drawn in such a
manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is
measured," for "the fisheries zone established pursuant to the Act of October 14, 1966 (80 Stat. 908; 16
U.S.C. 1091–1094)", was executed by making the substitution for "the entire zone established by the United
States under the Act of October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094)", to reflect the probable intent
of Congress.
Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment
Pub. L. 94–265, title IV, §405(b), Apr. 13, 1976, 90 Stat. 361, provided that the amendment made by
section 405(a) of Pub. L. 94–265 to this section was to take effect Mar. 1, 1977, prior to the general
amendment of title IV of Pub. L. 94–265 by Pub. L. 104–297.

Short Title of 1995 Amendment
Pub. L. 104–43, title III, §301, Nov. 3, 1995, 109 Stat. 382, provided that: "This title [enacting sections 971j
and 971k of this title, amending this section and sections 971b, 971c to 971e, 971h, and 971i of this title, and
enacting provisions set out as a note under section 971c of this title] may be cited as the 'Atlantic Tunas

Convention Authorization Act of 1995'."

Short Title
Pub. L. 94–70, §1, Aug. 5, 1975, 89 Stat. 385, provided: "That this Act [enacting this chapter and
provisions set out below] may be cited as the 'Atlantic Tunas Convention Act of 1975'."

Separability
Pub. L. 94–70, §12, formerly §11, Aug. 5, 1975, 89 Stat. 394; renumbered §13, Pub. L. 105–384, title II,
§202(b)(1)(D), Nov. 13, 1998, 112 Stat. 3452; renumbered §12, Pub. L. 114–81, title I, §107(5), Nov. 5, 2015,
129 Stat. 658, provided that: "If any provision of this Act [this chapter] or the application of such provision to
any circumstance or persons shall be held invalid, the validity of the remainder of the Act and the
applicability of such provision to other circumstances or persons shall not be affected thereby."

§971a. Commissioners
(a) Appointment and number; selection of Chairman; rules of procedure; term
(1) The United States shall be represented by not more than three Commissioners who shall serve as delegates of
the United States on the Commission, and who may serve on the Council and Panels of the Commission as provided
for in the Convention. Such Commissioners shall be appointed by and serve at the pleasure of the President. Not more
than one such Commissioner shall be a salaried employee of any State or political subdivision thereof, or the Federal
Government. Individuals serving as such Commissioners shall not be considered to be Federal employees while
performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of
title 5 and chapter 171 of title 28. The Commissioners shall be entitled to select a Chairman and to adopt such rules of
procedure as they find necessary.
(2) Of the Commissioners appointed under paragraph (1) who are not governmental employees—
(A) one shall be appointed from among individuals with knowledge and experience regarding commercial fishing in
the Atlantic Ocean, Gulf of Mexico, or Caribbean Sea; and
(B) one shall be appointed from among individuals with knowledge and experience regarding recreational fishing
in the Atlantic Ocean, Gulf of Mexico, or Caribbean Sea.
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(3)(A) The term of a Commissioner shall be three years.
(B) An individual appointed in accordance with paragraph (2) shall not be eligible to serve more than two consecutive
terms as a Commissioner.
(b) Alternate Commissioners
The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time
deemed appropriate Alternate United States Commissioners to the Commission. Any Alternate United States
Commissioner may exercise at any meeting of the Commission, Council, any Panel, or the advisory committee
established pursuant to section 971b of this title, all powers and duties of a United States Commissioner in the
absence of any Commissioner appointed pursuant to subsection (a) of this section for whatever reason. The number of
such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the
number of United States Commissioners appointed pursuant to subsection (a) of this section who will not be present at
such meeting.
(c) Compensation
The United States Commissioners or Alternate Commissioners, although officers of the United States while so
serving, shall receive no compensation for their services as such Commissioners or Alternate Commissioners.
(d) Travel expenses
(1) The Secretary of State shall pay the necessary travel expenses of United States Commissioners, Alternate
United States Commissioners, and authorized advisors in accordance with the Federal Travel Regulations and
sections 5701, 5702, 5704 through 5708, and 5731 of title 5.
(2) The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this
subsection.
(e) Sense of Congress regarding fish habitat
It is the sense of the Congress that the United States Commissioners should seek to include ecosystem
considerations in fisheries management, including the conservation of fish habitat.
(Pub. L. 94–70, §3, Aug. 5, 1975, 89 Stat. 385; Pub. L. 101–627, title II, §§201(a), 203, Nov. 28, 1990, 104 Stat. 4459,
4460; Pub. L. 106–562, title III, §303, Dec. 23, 2000, 114 Stat. 2806; Pub. L. 109–479, title IV, §405(c), Jan. 12, 2007,
120 Stat. 3633.)
Editorial Notes

Amendments
2007—Subsec. (e). Pub. L. 109–479 added subsec. (e).
2000—Subsec. (a)(1). Pub. L. 106–562 inserted before last sentence "Individuals serving as such

Commissioners shall not be considered to be Federal employees while performing such service, except
for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171
of title 28."
1990—Subsec. (a). Pub. L. 101–627, §201(a), designated existing provisions as par. (1) and added pars.
(2) and (3).
Subsec. (d). Pub. L. 101–627, §203, added subsec. (d).
Statutory Notes and Related Subsidiaries

Limitations on Appointments of Commissioners; Application to Current
Commissioners
Pub. L. 101–627, title II, §201(b), Nov. 28, 1990, 104 Stat. 4460, provided that:

"(1) Paragraph (2) of section 3(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a(a)), as
added by this section, shall not apply to reappointment of an individual as a United States Commissioner
of the International Commission for the Conservation of Atlantic Tunas (hereinafter in this title [enacting
section 971b–1 of this title, amending this section and sections 971b, 971d, and 971h of this title, and enacting
provisions set out as a note below] referred to as a 'Commissioner') if that individual is serving in that
position on the date of enactment of this Act [Nov. 28, 1990].
"(2) An individual serving a term as a Commissioner on the date of enactment of this Act shall not, by
reason of that term of service, be ineligible under paragraph (3)(B) of section 3(a) of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971a(a)), as added by this section, for reappointment as a
Commissioner."

Termination of Current Terms and Completion of Pending Appointments
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Pub. L. 101–627, title II, §202, Nov. 28, 1990, 104 Stat. 4460, provided that: "The term as Commissioner of
each individual serving in that position on the date of enactment of this Act [Nov. 28, 1990] shall terminate
March 1, 1991. Not later than that date, the President shall complete appointment (or reappointment) of
individuals to serve as Commissioners on and after that date."

§971b. Advisory committee
(a) There is established an advisory committee which shall be composed of—
(1) not less than five nor more than twenty individuals appointed by the United States Commissioners who shall
select such individuals from the various groups concerned with the fisheries covered by the Convention; and
(2) the chairmen (or their designees) of the New England, Mid-Atlantic, South Atlantic, Caribbean, and Gulf Fishery
Management Councils established under section 302(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852(a)).
Each member of the advisory committee appointed under paragraph (1) shall serve for a term of two years and shall
be eligible for reappointment. Members of the advisory committee may attend all public meetings of the Commission,
Council, or any Panel and any other meetings to which they are invited by the Commission, Council, or any Panel. The
advisory committee shall be invited to attend all nonexecutive meetings of the United States Commissioners and at
such meetings shall be given opportunity to examine and to be heard on all proposed programs of investigation,
reports, recommendations, and regulations of the Commission. Members of the advisory committee shall receive no
compensation for their services as such members. The Secretary and the Secretary of State may pay the necessary
travel expenses of members of the advisory committee in accordance with the Federal Travel Regulations and sections
5701, 5702, 5704 through 5708, and 5731 of title 5.
(b)(1) A majority of the members of the advisory committee shall constitute a quorum, but one or more such
members designated by the advisory committee may hold meetings to provide for public participation and to discuss
measures relating to the United States implementation of Commission recommendations.
(2) The advisory committee shall elect a Chairman for a 2-year term from among its members.
(3) The advisory committee shall meet at appropriate times and places at least twice a year, at the call of the
Chairman or upon the request of the majority of its voting members, the United States Commissioners, the Secretary,
or the Secretary of State. Meetings of the advisory committee, except when in executive session, shall be open to the
public, and prior notice of meetings shall be made public in a timely fashion.
(4)(A) The Secretary shall provide to the advisory committee in a timely manner such administrative and technical
support services as are necessary for the effective functioning of the committee.
(B) The Secretary and the Secretary of State shall furnish the advisory committee with relevant information
concerning fisheries and international fishery agreements.
(5) The advisory committee shall determine its organization, and prescribe its practices and procedures for carrying
out its functions under this chapter, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.), and the Convention. The advisory committee shall publish and make available to the public a statement
of its organization, practices, and procedures.
(6) The advisory committee shall, to the maximum extent practicable, consist of an equitable balance among the
various groups concerned with the fisheries covered by the Convention and shall not be subject to chapter 10 of title 5.
(Pub. L. 94–70, §4, Aug. 5, 1975, 89 Stat. 386; Pub. L. 96–339, §1(1), Sept. 4, 1980, 94 Stat. 1069; Pub. L. 96–561,
title II, §238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 101–627, title II, §204, Nov. 28, 1990, 104 Stat. 4460; Pub. L.
104–43, title III, §304, Nov. 3, 1995, 109 Stat. 384; Pub. L. 105–384, title II, §202(b)(1)(F), Nov. 13, 1998, 112 Stat.
3453; Pub. L. 117–286, §4(a)(106), Dec. 27, 2022, 136 Stat. 4317.)
Editorial Notes

References in Text
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(5), is

Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§1801 et seq.) of this
title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of
this title and Tables.

Amendments
2022—Subsec. (b)(6). Pub. L. 117–286 substituted "chapter 10 of title 5." for "the Federal Advisory

Committee Act (5 U.S.C. App.)."
1998—Subsecs. (a)(2), (b)(5). Pub. L. 105–384 substituted "Magnuson-Stevens Fishery" for "Magnuson
Fishery".
1995—Pub. L. 104–43 designated existing provisions as subsec. (a) and added subsec. (b).
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1990—Pub. L. 101–627 amended last sentence generally. Prior to amendment, last sentence read as
follows: "On approval by the United States Commissioners—
"(A) if not more than three members of the advisory committee are designated by the committee to
attend any meeting of the Commission, Council, or advisory committee, or of any Panel, each of such
members shall be paid for his actual transportation expenses and per diem incident to his attendance;
and
"(B) in any case in which more than three members are designated by the advisory committee to
attend any such meeting, each such member to whom subparagraph (A) does not apply may be paid
for his actual transportation expenses and per diem incident to his attendance."
1980—Pub. L. 96–339 incorporated existing provision in par. designated (1), added par. (2), redesignated
as subpars. (A) and (B) former pars. (1) and (2), substituted in subpar. (B) reference to "subparagraph
(A)" for "paragraph (1)", and made specific reference to appointment of committee member under
paragraph (1).
Par. (2). Pub. L. 96–561 substituted "Magnuson Fishery Conservation and Management Act" for "Fishery
Conservation and Management Act of 1976".
Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment
Pub. L. 96–561, title II, §238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that

section is effective 15 days after Dec. 22, 1980.

§971b–1. Species working groups
The United States Commissioners may establish species working groups for the purpose of providing advice and
recommendations to the Commissioners and the advisory committee on matters relating to the conservation and
management of any highly migratory species covered by the Convention. Any species working group shall consist of
no more than seven members of the advisory committee and no more than four scientific or technical personnel, as
considered necessary by the Commissioner.
(Pub. L. 94–70, §4A, as added Pub. L. 101–627, title II, §205, Nov. 28, 1990, 104 Stat. 4460.)

§971c. Authority of Secretary of State; cooperative enforcement agreements
(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
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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.
(Pub. L. 94–70, §5, Aug. 5, 1975, 89 Stat. 386; Pub. L. 104–43, title III, §303(3), Nov. 3, 1995, 109 Stat. 384; Pub. L.
105–384, title II, §202(b)(1)(B), Nov. 13, 1998, 112 Stat. 3452.)
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 sections 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))."

§971d. Administration
(a) Regulations; cooperation with other parties to Convention; utilization of personnel, services, and facilities
for enforcement
The Secretary is authorized and directed to administer and enforce all of the provisions of the Convention, this
chapter, and regulations issued pursuant thereto, except to the extent otherwise provided for in this chapter. In carrying
out such functions the Secretary is authorized and directed to adopt such regulations as may be necessary to carry out
the purposes and objectives of the Convention and this chapter, and with the concurrence of the Secretary of State, he
may cooperate with the duly authorized officials of the government of any party to the Convention. In addition, the
Secretary may utilize, with the concurrence of the Secretary of the department in which the Coast Guard is operating
insofar as such utilization involves enforcement at sea, with or without reimbursement and by agreement with any other
Federal department or agency, or with any agency of any State, the personnel, services, and facilities of that agency
for enforcement purposes with respect to any vessel in the exclusive economic zone, or wherever found, with respect
to any vessel documented under the laws of the United States, and any vessel numbered or otherwise licensed under
the laws of any State. When so utilized, such personnel of the States of the United States are authorized to function as
Federal law enforcement agents for these purposes, but they shall not be held and considered as employees of the
United States for the purposes of any laws administered by the Director of the Office of Personnel Management.
(b) Primary enforcement responsibility
Enforcement activities at sea under the provisions of this chapter for fishing vessels subject to the jurisdiction of the
United States shall be primarily the responsibility of the Secretary of the department in which the Coast Guard is
operating, in cooperation with the Secretary and the United States Customs Service. The Secretary after consultation
with the Secretary of the department in which the Coast Guard is operating, shall adopt such regulations as may be
necessary to provide for procedures and methods of enforcement pursuant to article IX of the Convention.
(c) Regulations and other measures to carry out Commission recommendations
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(1)(A) Upon favorable action by the Secretary of State under section 971c(a) of this title on any recommendation of
the Commission made pursuant to article VIII of the Convention, the Secretary shall promulgate, pursuant to this
subsection, such regulations as may be necessary and appropriate to carry out such recommendation.
(B) Not later than June 30, 1991, the Secretary shall promulgate any additional regulations necessary to ensure that
the United States is in full compliance with all recommendations made by the Commission that have been accepted by
the United States and with other agreements under the Convention between the United States and any nation which is
a party to the Convention.
(C) Regulations promulgated under this paragraph shall, to the extent practicable, be consistent with fishery
management plans prepared and implemented under the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.).
(2)(A) To promulgate regulations referred to in paragraph (1) of this subsection, the Secretary shall publish in the
Federal Register a general notice of proposed rulemaking and shall afford interested persons an opportunity to
participate in the rulemaking through (i) submission of written data, views, or arguments, and (ii) oral presentation at a
public hearing. Such regulations shall be published in the Federal Register and shall be accompanied by a statement
of the considerations involved in the issuance of the regulations, and by a statement, based on inquiries and
investigations, assessing the nature and effectiveness of the measures for the implementation of the Commission's
recommendations which are being or will be carried out by countries whose vessels engage in fishing the species
subject to such recommendations within the waters to which the Convention applies. After publication in the Federal
Register, such regulations shall be applicable to all vessels and persons subject to the jurisdiction of the United States
on such date as the Secretary shall prescribe. The Secretary shall suspend at any time the application of any such
regulation when, after consultation with the Secretary of State and the United States Commissioners, he determines
that fishing operations in the Convention area of a contracting party for whom the regulations are effective are such as
to constitute a serious threat to the achievement of the Commission's recommendations.
(B) Notwithstanding the requirements of subparagraph (A) and subsections (b) and (c) of section 553 of title 5, the
Secretary may issue final regulations to implement Commission recommendations referred to in paragraph (1)
concerning trade restrictive measures against nations or fishing entities.
(3) The regulations required to be promulgated under paragraph (1) of this subsection may—
(A) select for regulation one or more of the species covered by the Convention;
(B) divide the Convention waters into areas;
(C) establish one or more open or closed seasons as to each such area;
(D) limit 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;
(E) limit or prohibit 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;
(F) require records of operations to be kept by any master or other person in charge of any fishing vessel;
(G) require such clearance certificates for vessels as may be necessary to carry out the purposes of the
Convention and this chapter;
(H) require proof satisfactory to the Secretary that any fish subject to regulation pursuant to a recommendation of
the Commission offered for entry into the United States has not been taken or retained contrary to the
recommendations of the Commission made pursuant to article VIII of the Convention which have been adopted as
regulations pursuant to this section;
(I) require any commercial or recreational fisherman to obtain a permit from the Secretary and report the quantity
of the catch of a regulated species;
(J) require that observers be carried aboard fishing vessels for the purpose of providing statistically reliable
scientific data; and
(K) impose such other requirements and provide for such other measures as the Secretary may determine
necessary to implement any recommendation of the Convention or to obtain scientific data necessary to accomplish
the purpose of the Convention;
except that no regulation promulgated under this section may have the effect of increasing or decreasing any
allocation or quota of fish or fishing mortality level to the United States agreed to pursuant to a recommendation of the
Commission.
(4) Upon the promulgation of regulations provided for in paragraph (3) of this subsection, the Secretary shall
promulgate, with the concurrence of the Secretary of State and pursuant to the procedures prescribed in paragraph (2)
of this subsection, additional regulations which shall become effective simultaneously with the application of the
regulations provided for in paragraph (3) of this subsection, which prohibit—
(A) the entry into the United States 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 Convention area in such manner or in such
circumstances as would tend to diminish the effectiveness of the conservation recommendations of the Commission;
and
(B) the entry into the United States, from any country when the vessels of such country are being used in the
conduct of fishing operations in the Convention area in such manner or in such circumstances as would tend to
diminish the effectiveness 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 Convention area.
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(5) In the case of repeated and flagrant fishing operations in the Convention area by the vessels of any country
which seriously threaten the achievement of the objectives of the Commission's recommendations, the Secretary with
the concurrence of the Secretary of State, may by regulations promulgated pursuant to paragraph (2) of this subsection
prohibit the entry in any form from such country of other species covered by the Convention as may be under
investigation by the Commission and which were taken in the Convention area. Any such prohibition shall continue until
the Secretary 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.
(6) Identification and notification.—
(A) Not later than July 1, 1996, and annually thereafter, the Secretary, in consultation with the Secretary of State,
the Commissioners, and the advisory committee, shall—
(i) identify those nations whose fishing vessels are fishing, or have fished during the preceding calendar year,
within the convention area in a manner or under circumstances that diminish the effectiveness of a conservation
recommendation;
(ii) notify the President and the nation so identified, including an explanation of the reasons therefor; and
(iii) publish a list of those Nations identified under clause (i).
(B) In identifying those Nations, the Secretary shall consider, based on the best available information, whether
those Nations have measures in place for reporting, monitoring, and enforcement, and whether those measures
diminish the effectiveness of any conservation recommendation.
(7) Consultation.—Not later than 30 days after a Nation is notified under paragraph (6), the President may enter
into consultations with the Government of that Nation for the purpose of obtaining an agreement that will—
(A) effect the immediate termination and prevent the resumption of any fishing operation by vessels of that Nation
within the Convention area which is conducted in a manner or under circumstances that diminish the effectiveness of
the conservation recommendation;
(B) when practicable, require actions by that Nation, or vessels of that Nation, to mitigate the negative impacts of
fishing operations on the effectiveness of the conservation recommendation involved, including but not limited to, the
imposition of subsequent-year deductions for quota overages; and
(C) result in the establishment, if necessary, by such Nation of reporting, monitoring, and enforcement measures
that are adequate to ensure the effectiveness of conservation recommendations.
(d) Recommended Commission actions regarding large-scale driftnet fishing and conservation of Atlantic
swordfish
(1) It is the sense of the Congress that the Secretary, in consultation with the Secretary of State, should seek support
for a recommendation by the Commission to ban large-scale driftnet fishing (as that term is defined in section 3(16) 1
of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1802(16)]) in the Convention area.
(2) The Secretary, in consultation with the Secretary of State, shall request the Commission to adopt
recommendations necessary for the conservation and management of Atlantic swordfish. In making the request, the
Secretary shall seek the establishment of an international minimum harvest size and a reduction in harvest levels to
the extent necessary to conserve the stock. Until the Commission adopts all the conservation and management
measures requested by the Secretary, the Secretary, within 3 months after each annual meeting of the Commission,
shall notify Congress as to the nature and results of his request. These notifications shall identify those nations not
acting to conserve and manage Atlantic swordfish, and recommend measures which could be taken to achieve
effective international conservation and management of the stock.
(Pub. L. 94–70, §6, Aug. 5, 1975, 89 Stat. 387; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat.
3784; Pub. L. 101–627, title II, §§206, 207, Nov. 28, 1990, 104 Stat. 4461; Pub. L. 104–43, title III, §§303(3), 305, Nov.
3, 1995, 109 Stat. 384, 385; Pub. L. 105–384, title II, §202(b)(1)(C), (F), Nov. 13, 1998, 112 Stat. 3452, 3453; Pub. L.
114–81, title I, §107(1), Nov. 5, 2015, 129 Stat. 658.)
Editorial Notes

References in Text
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (c)(1)(C), is

Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§1801 et seq.) of this
title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of
this title and Tables.

Section 3 of the Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec.
(d)(1), was subsequently amended, and section 3(16) no longer defines the term "large-scale driftnet
fishing". However, such term is defined elsewhere in that section.

Amendments
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2015—Subsec. (c)(2). Pub. L. 114–81 designated existing provisions as subpar. (A), redesignated former
subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B).
1998—Subsec. (c)(1)(C). Pub. L. 105–384, §202(b)(1)(F), substituted "Magnuson-Stevens Fishery" for
"Magnuson Fishery".
Subsecs. (c)(6)(A)(iii), (B). Pub. L. 105–384, §202(b)(1)(C), substituted "clause (i)" for "subparagraph (A)"
in cl. (iii), and redesignated last sentence of subpar. (A) as subpar. (B) and realigned margin.
Subsec. (d)(1). Pub. L. 105–384, §202(b)(1)(F), substituted "Magnuson-Stevens Fishery" for "Magnuson
Fishery".
1995—Subsec. (a). Pub. L. 104–43, §303(3), substituted "exclusive economic zone" for "fisheries zone"
after "any vessel in the" in third sentence.
Subsec. (c). Pub. L. 104–43, §305(1), inserted "and other measures" after "Regulations" in heading.
Subsec. (c)(3). Pub. L. 104–43, §305(2), inserted "or fishing mortality level" after "quota of fish" in
concluding provisions.
Subsec. (c)(6), (7). Pub. L. 104–43, §305(3), added pars. (6) and (7).
1990—Subsec. (c)(1). Pub. L. 101–627, §206(a), designated existing provisions as subpar. (A) and added
subpars. (B) and (C).
Subsec. (c)(3). Pub. L. 101–627, §206(b), added subpars. (I) to (K) and concluding provisions and struck
out former subpar. (I) which read as follows: "impose such other requirements and provide for such other
measures as the Secretary may deem necessary to implement any recommendation of the Commission."
Subsec. (d). Pub. L. 101–627, §207, amended subsec. (d) generally, substituting provisions relating to
recommended Commission actions regarding large-scale driftnet fishing and conservation of Atlantic
swordfish for provisions relating to Commission recommendations concerning bluefin tuna and issuance
of regulations.
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 sections 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.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the
Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 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. For establishment of U.S.
Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L.
107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section
802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Use of Aircraft in Atlantic Bluefin Tuna Fishing
Pub. L. 106–553, §1(a)(2) [title VI, §634], Dec. 21, 2000, 114 Stat. 2762, 2762A-114, provided that none of
the funds of the Department of Commerce would be available to issue or renew, for any fishing vessel,
any general or harpoon category fishing permit for Atlantic bluefin tuna that would allow the vessel to use
an aircraft to locate, or otherwise assist in fishing for, catching, or possessing Atlantic bluefin tuna, or to
fish for, catch, or possess Atlantic bluefin tuna located by the use of an aircraft.
Executive Documents

Transfer of Functions
"Director of the Office of Personnel Management" substituted for "Civil Service Commission" in subsec.
(a) pursuant to Reorg. Plan No. 2 of 1978, §102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of
Title 5, Government Organization and Employees, which transferred functions vested by statute in the
Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified),
effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055,
set out under section 1101 of Title 5.
1 See References in Text note below.
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§971e. Violations
(a) In general
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) Failure to furnish returns, records, or reports
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) Refusal of request to board and inspect vessel
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) Importation of ineligible species or species under investigation
It shall be unlawful for any person to import, in violation of any regulation adopted pursuant to section 971d(c) or
(d) 1 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) Applicability of other laws
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.
(Pub. L. 94–70, §7, Aug. 5, 1975, 89 Stat. 390; Pub. L. 104–43, title III, §306, Nov. 3, 1995, 109 Stat. 385; Pub. L. 105–
384, title II, §202(b)(1)(F), Nov. 13, 1998, 112 Stat. 3453; Pub. L. 114–81, title I, §107(2), Nov. 5, 2015, 129 Stat. 658.)
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.
1 See References in Text note below.

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§971f. Enforcement
(a) For additional prohibitions relating to this chapter and enforcement of this chapter, see section 1826g of this title.
(b) To the extent authorized under the convention or by agreements between the United States and any contracting
party concluded pursuant to section 971c(b) of this title for international enforcement, the duly authorized officials of
such party shall have the authority to carry out enforcement activities with respect to this chapter that are otherwise
authorized by law with respect to persons or vessels subject to the jurisdiction of the United States, and the officials of
the United States authorized pursuant to this section shall have the authority to carry out enforcement activities with
respect to this chapter that are otherwise authorized by law with respect to persons or vessels subject to the jurisdiction
of such party, except that where any agreement provides for arrest or seizure of persons or vessels under United
States jurisdiction it shall also provide that the person or vessel arrested or seized shall be promptly handed over to a
United States enforcement officer or another authorized United States official.
(Pub. L. 94–70, §8, Aug. 5, 1975, 89 Stat. 391; Pub. L. 114–81, title I, §107(3), (4), Nov. 5, 2015, 129 Stat. 658.)
Editorial Notes

Amendments
2015—Subsec. (a). Pub. L. 114–81, §107(3), added subsec. (a) and struck out former subsec. (a) which
related to particular powers of persons authorized to enforce the provisions of this chapter and the
regulations issued thereunder.
Subsec. (b). Pub. L. 114–81, §107(4), substituted "enforcement activities with respect to this chapter that
are otherwise authorized by law" for "the enforcement activities specified in subsection (a) of this section"
in two places.
Subsec. (c). Pub. L. 114–81, §107(3)(A), struck out subsec. (c) which related to bonds or stipulations.

§971g. Cooperation in carrying out Convention
(a) Federal and State agencies; private institutions and organizations
The United States Commissioners, through the Secretary of State and with the concurrence of the agency,
institution, or organization concerned, may arrange for the cooperation of agencies of the United States Government,
and of State and private institutions and organizations in carrying out the provisions of article IV of the Convention.
(b) Scientific and other programs; facilities and personnel
All agencies of the Federal Government are authorized, upon the request of the Commission, to cooperate in the
conduct of scientific and other programs, and to furnish facilities and personnel for the purpose of assisting the
Commission in carrying out its duties under the Convention.
(c) Fishing operations and biological experiments
None of the prohibitions deriving from this chapter, or contained in the laws or regulations of any State, shall prevent
the Commission from conducting or authorizing the conduct of fishing operations and biological experiments at any
time for purposes of scientific investigation, or shall prevent the Commission from discharging any other duties
prescribed by the Convention.
(d) State jurisdiction; preemption by Federal regulations
(1) Except as provided in paragraph (2) of this subsection, nothing in this chapter shall be construed so as to
diminish or to increase the jurisdiction of any State in the territorial sea of the United States.
(2) In the event a State does not request a formal hearing and after notice by the Secretary, the regulations
promulgated pursuant to this chapter to implement recommendations of the Commission shall apply within the
boundaries of any State bordering on any Convention area if the Secretary determines that any such State—
(A) has not, within a reasonable period of time after the promulgation of regulations pursuant to this chapter,
enacted laws or promulgated regulations which implement any such recommendation of the Commission within the
boundaries of such State; or
(B) has enacted laws or promulgated regulations which (i) are less restrictive than the regulations promulgated
pursuant to this chapter, or (ii) are not effectively enforced.
If a State requests the opportunity for an agency hearing on the record, the Secretary shall not apply regulations
promulgated pursuant to this chapter within that State's boundaries unless the hearing record supports a determination
under paragraph (A) or (B). Such regulations shall apply until the Secretary determines that the State is effectively
enforcing within its boundaries measures which are not less restrictive than such regulations.
(e) Continuing review of State laws and regulations
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To insure that the purposes of subsection (d) are carried out, the Secretary shall undertake a continuing review of the
laws and regulations of all States to which subsection (d) applies or may apply and the extent to which such laws and
regulations are enforced.
(Pub. L. 94–70, §9, Aug. 5, 1975, 89 Stat. 392.)
Executive Documents

Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section

1331 of Title 43, Public Lands.

§971h. Authorization of appropriations
(a) In general
There are authorized to be appropriated to the Secretary to carry out this chapter, including use for payment of the
United States share of the joint expenses of the Commission as provided in Article X of the Convention—
(1) $5,770,000 for each of fiscal years 2007 and 2008;
(2) $6,058,000 for each of fiscal years 2009 and 2010; and
(3) $6,361,000 for each of fiscal years 2011 and 2013.
(b) Allocation
Of the amounts made available under subsection (a) for each fiscal year—
(1) $160,000 are authorized for the advisory committee established under section 971b of this title and the species
working groups established under section 971b–1 of this title; and
(2) $7,500,000 are authorized for research activities under this chapter and section 971i of this title, of which
$3,000,000 shall be for the cooperative research program under section 971i(b)(2)(H) of this title.1
(Pub. L. 94–70, §10, Aug. 5, 1975, 89 Stat. 393; Pub. L. 95–33, §1, May 26, 1977, 91 Stat. 173; Pub. L. 96–339, §1(2),
Sept. 4, 1980, 94 Stat. 1069; Pub. L. 98–44, title I, §101, July 12, 1983, 97 Stat. 216; Pub. L. 99–659, title IV, §404,
Nov. 14, 1986, 100 Stat. 3737; Pub. L. 101–627, title II, §208, Nov. 28, 1990, 104 Stat. 4462; Pub. L. 104–43, title III,
§307, Nov. 3, 1995, 109 Stat. 386; Pub. L. 105–384, title II, §202(a), Nov. 13, 1998, 112 Stat. 3452; Pub. L. 107–372,
title III, §304, Dec. 19, 2002, 116 Stat. 3095; Pub. L. 109–479, title IV, §405(a), Jan. 12, 2007, 120 Stat. 3633.)
Editorial Notes

References in Text
Section 971i(b)(2)(H) of this title, referred to in subsec. (b)(2), was in the original "section 3(b)(2)(H) of that
section" and was translated as reading "section 3(b)(2)(H) of that Act", meaning Pub. L. 96–339, to reflect
the probable intent of Congress.

Amendments
2007—Pub. L. 109–479 amended section generally, substituting provisions authorizing appropriations for
fiscal years 2007 to 2013 for provisions authorizing appropriations for fiscal years 2003 to 2006.
2002—Pub. L. 107–372 amended section generally, substituting provisions authorizing appropriations for
fiscal years 2003 to 2006 for provisions authorizing appropriations for fiscal years 1995 to 2001.
1998—Par. (4). Pub. L. 105–384 substituted "For each of fiscal years 1998, 1999, 2000, and 2001," for
"For fiscal year 1998,".
1995—Pub. L. 104–43 amended section generally, substituting provisions authorizing appropriations for
fiscal years 1995 to 1998 for provisions authorizing appropriations for fiscal years 1989 to 1993.
1990—Pub. L. 101–627 amended section generally, substituting provisions authorizing appropriations for
fiscal years 1989 to 1993 for provisions authorizing appropriations for fiscal years 1986 to 1989 and
striking out provisions relating to use of sums for travel expenses.
1986—Pub. L. 99–659 substituted authorization of appropriations for fiscal years 1986 through 1989 for
former authorization of appropriations for fiscal year 1976, the period beginning July 1, 1976, and ending
Sept. 30, 1976, and fiscal years 1977 through 1986.
1983—Pub. L. 98–44 authorized appropriations for fiscal years 1984 through 1986.
1980—Pub. L. 96–339 authorized appropriations for fiscal years 1981 through 1983.
1977—Pub. L. 95–33 authorized appropriations for fiscal years 1978 through 1980.
1 See References in Text note below.
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§971i. Research on Atlantic highly migratory species
(a) Omitted
(b) Highly migratory species research and monitoring
(1) Within 6 months after November 3, 1995, the Secretary of Commerce, in cooperation with the advisory committee
established under section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971b) and in consultation with the
United States Commissioners on the International Commission for the Conservation of Atlantic Tunas (referred to
elsewhere in this section as the "Commission") and the Secretary of State, shall develop and implement a
comprehensive research and monitoring program to support the conservation and management of Atlantic bluefin tuna
and other highly migratory species that shall—
(A) identify and define the range of stocks of highly migratory species in the Atlantic Ocean, including Atlantic
bluefin tuna; and
(B) provide for appropriate participation by nations which are members of the Commission.
(2) The program shall provide for, but not be limited to—
(A) statistically designed cooperative tagging studies;
(B) genetic and biochemical stock analyses;
(C) population censuses carried out through aerial surveys of fishing grounds and known migration areas;
(D) adequate observer coverage and port sampling of commercial and recreational fishing activity;
(E) collection of comparable real-time data on commercial and recreational catches and landings through the use
of permits, logbooks, landing reports for charter operations and fishing tournaments, and programs to provide
reliable reporting of the catch by private anglers;
(F) studies of the life history parameters of Atlantic bluefin tuna and other highly migratory species;
(G) integration of data from all sources and the preparation of data bases to support management decisions;
(H) include a cooperative research program on Atlantic billfish based on the Southeast Fisheries Science Center
Atlantic Billfish Research Plan of 2002; and
(I) other research as necessary.
(3) In developing a program under this section, the Secretary shall—
(A) ensure that personnel and resources of each regional research center shall have substantial participation in
the stock assessments and monitoring of highly migratory species that occur in the region;
(B) provide for comparable monitoring of all United States fishermen to which the Atlantic Tunas Convention Act of
1975 applies with respect to effort and species composition of catch and discards;
(C) consult with relevant Federal and State agencies, scientific and technical experts, commercial and recreational
fishermen, and other interested persons, public and private, and shall publish a proposed plan in the Federal
Register for the purpose of receiving public comment on the plan; and
(D) through the Secretary of State, encourage other member nations to adopt a similar program.
(Pub. L. 96–339, §3, Sept. 4, 1980, 94 Stat. 1070; Pub. L. 104–43, title III, §302(b), Nov. 3, 1995, 109 Stat. 382; Pub.
L. 105–384, title II, §202(b)(2), Nov. 13, 1998, 112 Stat. 3453; Pub. L. 109–479, title IV, §405(b), Jan. 12, 2007, 120
Stat. 3633.)
Editorial Notes

References in Text
The Atlantic Tunas Convention Act of 1975, referred to in subsec. (b)(3)(B), is Pub. L. 94–70, Aug. 5,
1975, 89 Stat. 385, which is classified generally to this chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 971 of this title and Tables.

Codification
Subsection (a), which required the Secretary of Commerce to prepare and submit to Congress a
biennial report on the level of taking of bluefin tuna by United States fishermen in the Convention area as
defined in Article I of the International Convention for the Conservation of Atlantic Tunas, the status of
bluefin tuna stocks within the Convention area and the trends in their population level, and related
information resulting from implementation of the observer program under section 1827 of this title,
terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance. See, also, page 50 of House Document No. 103–7.
Section was not enacted as part of the Atlantic Tunas Convention Act of 1975 which comprises this
chapter.

Amendments
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2007—Subsec. (b)(2)(H), (I). Pub. L. 109–479 added subpar. (H) and redesignated former subpar. (H) as

(I).

1998—Subsec. (b)(3)(B). Pub. L. 105–384 inserted "of 1975" after "Act".
1995—Pub. L. 104–43 amended section catchline generally, designated existing provisions as subsec.

(a), inserted heading, struck out last sentence which read as follows: "There are authorized to be
appropriated such sums as may be necessary to carry out this section.", and added subsec. (b).

§971j. Repealed. Pub. L. 114–81, title I, §107(5), Nov. 5, 2015, 129 Stat. 658
Section, Pub. L. 94–70, §11, as added Pub. L. 104–43, title III, §308, Nov. 3, 1995, 109 Stat. 386; amended
Pub. L. 105–384, title II, §202(b)(1)(E), Nov. 13, 1998, 112 Stat. 3453, required the Secretary to submit an
annual report.

§971k. Savings clause
Nothing in this chapter shall have the effect of diminishing the rights and obligations of any Nation under Article
VIII(3) of the Convention.
(Pub. L. 94–70, §11, formerly §12, as added Pub. L. 104–43, title III, §308, Nov. 3, 1995, 109 Stat. 387; amended Pub.
L. 105–384, title II, §202(b)(1)(E), Nov. 13, 1998, 112 Stat. 3453; renumbered §11, Pub. L. 114–81, title I, §107(5), Nov.
5, 2015, 129 Stat. 658.)
Editorial Notes

Prior Provisions
A prior section 11 of Pub. L. 94–70 was renumbered section 12 and is set out as a Separability note
under section 971 of this title.
Another prior section 11 of Pub. L. 94–70 was classified to section 971j of this title, prior to repeal by Pub. L.
114–81, title I, §107(5), Nov. 5, 2015, 129 Stat. 658.

Amendments
1998—Pub. L. 105–384 made technical amendment to style of heading and section designation in
original act.

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