Tuna Conventions Act of 1950

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TUNA CONVENTIONS ACT OF 1950
[Chapter 907 of the 81st Congress, Approved Sept. 7, 1950, 64 Stat.
777]
[As Amended Through P.L. 117–286, Enacted December 27, 2022]
øCurrency: This publication is a compilation of the text of Chapter 907 of the 81st
Congress. It was last amended by the public law listed in the As Amended
Through note above and below at the bottom of each page of the pdf version and
reflects current law through the date of the enactment of the public law listed at
https://www.govinfo.gov/app/collection/comps/¿
øNote: While this publication does not represent an official version of any Federal
statute, substantial efforts have been made to ensure the accuracy of its contents.
The official version of Federal law is found in the United States Statutes at Large
and in the United States Code. The legal effect to be given to the Statutes at
Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿
AN ACT To give effect to the Convention for the Establishment of an International
Commission for the Scientific Investigation of Tuna, signed at Mexico City January 25, 1949, by the United States of America and the United Mexican States,
and the Convention for the Establishment of an Inter-American Tropical Tuna
Commission, signed at Washington May 31, 1949, by the United States of America and the Republic of Costa Rica, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That ø16 U.S.C.
951 note¿ this Act may be cited as the ‘‘Tuna Conventions Act of
1950’’.
SEC. 2. ø16 U.S.C. 951¿ DEFINITIONS.

In this Act:
(1) ANTIGUA CONVENTION.—The term ‘‘Antigua Convention’’ means the Convention for the Strengthening of the InterAmerican Tropical Tuna Commission Established by the 1949
Convention Between the United States of America and the Republic of Costa Rica, signed at Washington, November 14,
2003.
(2) COMMISSION.—The term ‘‘Commission’’ means the
Inter-American Tropical Tuna Commission provided for by the
Convention.
(3) CONVENTION.—The term ‘‘Convention’’ means—
(A) the Convention for the Establishment of an InterAmerican Tropical Tuna Commission, signed at Washington, May 31, 1949, by the United States of America and
the Republic of Costa Rica;
(B) the Antigua Convention, upon its entry into force
for the United States, and any amendments thereto that
are in force for the United States; or
(C) both such Conventions, as the context requires.
1
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Sec. 3

TUNA CONVENTIONS ACT OF 1950

2

(4) PERSON.—The term ‘‘person’’ means an individual, partnership, corporation, or association subject to the jurisdiction of
the United States.
(5) UNITED STATES.—The term ‘‘United States’’ includes all
areas under the sovereignty of the United States.
(6) UNITED STATES COMMISSIONERS.—The term ‘‘United
States commissioners’’ means the individuals appointed in accordance with section 3(a).
SEC. 3. ø16 U.S.C. 952¿ COMMISSIONERS.
(a) COMMISSIONERS.—The United

States shall be represented
on the Commission by four United States Commissioners. The
President shall appoint individuals to serve on the Commission.
The United States Commissioners shall be subject to supervision
and removal by the Secretary of State, in consultation with the
Secretary. In making the appointments, the President shall select
United States Commissioners from among individuals who are
knowledgeable or experienced concerning highly migratory fish
stocks in the eastern tropical Pacific Ocean, one of whom shall be
an officer or employee of the Department of Commerce. Not more
than two United States Commissioners may be appointed who reside in a State other than a State whose vessels maintain a substantial fishery in the area of the Convention.
(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 or
of the General Advisory Committee or Scientific Advisory Subcommittee established pursuant to section 4(b), all powers and duties of a United States Commissioner in the absence of any United
States 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) ADMINISTRATIVE MATTERS.—
(1) EMPLOYMENT STATUS.—Individuals serving as United
States Commissioners, other than officers or employees of the
United States Government, shall not be considered Federal
employees except for the purposes of injury compensation or
tort claims liability as provided in chapter 81 of title 5, United
States Code, and chapter 171 of title 28, United States Code.
(2) 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 United States Commissioners or Alternate Commissioners.
(3) TRAVEL EXPENSES.—
(A) The Secretary of State shall pay the necessary
travel expenses of United States Commissioners and Alternate United States Commissioners to meetings of the
Inter-American Tropical Tuna Commission and other
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TUNA CONVENTIONS ACT OF 1950

Sec. 4

meetings the Secretary of State deems necessary to fulfill
their duties, in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and
5731 of title 5, United States Code.
(B) The Secretary may reimburse the Secretary of
State for amounts expended by the Secretary of State
under this subsection.
SEC. 4. ø16 U.S.C. 953¿ GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY SUBCOMMITTEE.
(a) GENERAL ADVISORY COMMITTEE.—
(1) APPOINTMENTS; PUBLIC PARTICIPATION; COMPENSATION.—

(A) The Secretary, in consultation with the Secretary
of State, shall appoint a General Advisory Committee
which shall consist of not more than 25 individuals who
shall be representative of the various groups concerned
with the fisheries covered by the Convention, including
nongovernmental conservation organizations, providing to
the maximum extent practicable an equitable balance
among such groups. Members of the General Advisory
Committee will be eligible to participate as members of the
United States delegation to the Commission and its working groups to the extent the Commission rules and space
for delegations allow.
(B) The chair of the Pacific Fishery Management
Council’s Advisory Subpanel for Highly Migratory Fisheries and the chair of the Western Pacific Fishery Management Council’s Advisory Committee shall be ex-officio
members of the General Advisory Committee by virtue of
their positions in those Councils.
(C) Each member of the General Advisory Committee
appointed under subparagraph (A) shall serve for a term
of 3 years and is eligible for reappointment.
(D) The General Advisory Committee shall be invited
to attend all non-executive meetings of the United States
delegation 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.
(E) The General Advisory Committee shall determine
its organization, and prescribe its practices and procedures
for carrying out its functions under this title, the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.), and the Convention. The General
Advisory Committee shall publish and make available to
the public a statement of its organization, practices, and
procedures. Meetings of the General Advisory Committee,
except when in executive session, shall be open to the public, and prior notice of meetings shall be made public in

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timely fashion. The General Advisory Committee shall not
be subject to chapter 10 of title 5, United States Code. 1
(2) INFORMATION SHARING.—The Secretary and the Secretary of State shall furnish the General Advisory Committee
with relevant information concerning fisheries and international fishery agreements.
(3) ADMINISTRATIVE MATTERS.—
(A) The Secretary shall provide to the General Advisory Committee in a timely manner such administrative
and technical support services as are necessary for its effective functioning.
(B) Individuals appointed to serve as a member of the
General Advisory Committee—
(i) shall serve without pay, but while away from
their homes or regular places of business to attend
meetings of the General Advisory Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed
intermittently in the Government service are allowed
expenses under section 5703 of title 5, United States
Code; and
(ii) shall not be considered Federal employees except for the purposes of injury compensation or tort
claims liability as provided in chapter 81 of title 5,
United States Code, and chapter 171 of title 28,
United States Code.
(b) SCIENTIFIC ADVISORY SUBCOMMITTEE.—(1) The Secretary,
in consultation with the Secretary of State, shall appoint a Scientific Advisory Subcommittee of not less than 5 nor more than 15
qualified scientists with balanced representation from the public
and private sectors, including nongovernmental conservation organizations.
(2) SCIENTIFIC ADVISORY SUBCOMMITTEE.—
(A) ADVICE.—The Scientific Advisory Subcommittee
shall advise the General Advisory Committee and the
Commissioners on matters including—
(i) the conservation of ecosystems;
(ii) the sustainable uses of living marine resources
related to the tuna fishery in the eastern Pacific
Ocean; and
(iii) the long-term conservation and management
of stocks of living marine resources in the eastern
tropical Pacific Ocean.
(B) OTHER FUNCTIONS AND ASSISTANCE.—The Scientific
Advisory Subcommittee shall, as requested by the General
Advisory Committee, the United States Commissioners, or
the Secretary, perform functions and provide assistance required by formal agreements entered into by the United
States for this fishery, including the International Dolphin
Conservation Program. These functions may include—
1 Fishery management functions of the Secretary of the Interior under this Act were transferred to the Secretary of Commerce by Reorganization Plan No. 4 of 1970 (5 U.S.C. App.).

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TUNA CONVENTIONS ACT OF 1950

Sec. 6

(i) the review of data from the Program, including
data received from the Inter-American Tropical Tuna
Commission;
(ii) recommendations on research needs, including
ecosystems, fishing practices, and gear technology research, including the development and use of selective,
environmentally safe and cost-effective fishing gear,
and on the coordination and facilitation of such research;
(iii) recommendations concerning scientific reviews
and assessments required under the Program and engaging, as appropriate, in such reviews and assessments;
(iv) consulting with other experts as needed; and
(v) recommending measures to assure the regular
and timely full exchange of data among the parties to
the Program and each nation’s National Scientific Advisory Committee (or its equivalent).
(3) ATTENDANCE AT MEETINGS.—The Scientific Advisory
Subcommittee shall be invited to have representatives attend
all nonexecutive meetings of the United States sections and the
General Advisory Committee and shall be given full opportunity to examine and to be heard on all proposed programs of
scientific investigation, scientific reports, and scientific recommendations of the commission. Representatives of the Scientific Advisory Subcommittee may attend meetings of the
Inter-American Tropical Tuna Commission in accordance with
the rules of such Commission.
øSection 5 was repealed by section 203(b) of Public Law 92–
471, 86 Stat. 787.¿
SEC. 6. ø16 U.S.C. 955¿ RULEMAKING.
(a) REGULATIONS.—The Secretary,

in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the Department in which the Coast Guard is operating,
may promulgate such regulations as may be necessary to carry out
the United States international obligations under the Convention
and this Act, including recommendations and decisions adopted by
the Commission. In cases where the Secretary has discretion in the
implementation of one or more measures adopted by the Commission that would govern fisheries under the authority of a Regional
Fishery Management Council, the Secretary may, to the extent
practicable within the implementation schedule of the Convention
and any recommendations and decisions adopted by the Commission, promulgate such regulations as may be necessary to carry out
the United States international obligations under the Convention
and this Act, in accordance with the procedures established by the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).
(b) JURISDICTION.—The Secretary may promulgate regulations
as may be necessary to carry out the United States international
obligations under the Convention and this Act, applicable to all
vessels and persons subject to the jurisdiction of the United States,
including vessels documented under chapter 121 of title 46, United
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TUNA CONVENTIONS ACT OF 1950

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States Code, wherever they may be operating, on such date as the
Secretary shall prescribe.
SEC. 7. ø16 U.S.C. 956¿ Any person authorized to carry out enforcement activities under this Act and any person authorized by
the commissions shall have power without warrant or other process, to inspect, at any reasonable time, catch returns, statistical
records, or other reports as are required by regulations adopted
pursuant to this Act to be made, kept, or furnished.
SEC. 8. ø16 U.S.C. 957¿ (a) It shall be unlawful for any master
or other person in charge of a fishing vessel of the United States
to engage in fishing in violation of any regulation adopted pursuant
to section 6, or for any person knowingly to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or retained in violation of such regulations.
(b) It shall be unlawful for the master or any person in charge
of any fishing vessel of the United States or any person on board
such vessel to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations
adopted pursuant to this Act to be made, kept, or furnished; or to
fail to stop upon being hailed by a duly authorized official of the
United States; or to refuse to permit the duly authorized officials
of the United States or authorized officials of the commissions to
board such vessel or inspect its catch, equipment, books, documents, records, or other articles or question the persons on board
in accordance with the provisions of this Act, or the convention, as
the case may be.
(c) It shall be unlawful for any person to import, in violation
of any regulation adopted pursuant to section 6, from any country,
any fish in any form of those species subject to regulation pursuant
to a recommendation of the commission, or any tuna 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 6. In the case of any fish as described
in this subsection offered for entry into the United States, the Secretary of the Interior 6 shall require proof satisfactory to him that
such fish is not ineligible for such entry under the terms of section
6.
(d) Any person violating any provision of subsection (a) of this
section shall be fined not more than $25,000, and for a subsequent
violation of any provisions of said subsection (a) shall be fined not
more than $50,000.
(e) Any person violating any provision of subsection (b) of this
section shall be fined not more than $1,000, and for a subsequent
violation of any provision of subsection (b) shall be fined not more
than $5,000.
(f) Any person violating any provision of subsection (c) of this
section shall be fined not more than $100,000.
(g) All fish taken or retained in violation of subsection (a) of
this section, or the monetary value thereof, may be forfeited.
(h) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs
6 See

footnote to section 4(a).

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TUNA CONVENTIONS ACT OF 1950

Sec. 12

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 Act, insofar as such provisions of law are applicable and not inconsistent with the provisions
of this Act.
(i) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—For prohibitions relating to this Act and enforcement of this Act, see section
606 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826g).
SEC. 9. ø16 U.S.C. 958¿ (a) In order to provide coordination between the general annual programs of the commissions and programs of other agencies, relating to the exploration, development,
and conservation of fishery resources, the Secretary of State may
recommend to the United States Commissioners that they consider
the relationship of the commissions’ programs to those of such
agencies and when necessary arrange, with the concurrence of such
agencies, for mutual cooperation between the commissions and
such agencies for carrying out their respective programs.
(b) All agencies of the Federal Government are authorized on
request of the commissions to cooperate in the conduct of scientific
and other programs, or to furnish facilities and personnel for the
purpose of assisting the commissions in the performance of their
duties.
(c) The commissions are authorized and empowered to supply
facilities and personnel to existing non-Federal agencies to expedite
research work which in the judgment of the commissions is contributing or will contribute directly to the purposes of the conventions.
SEC. 10. ø16 U.S.C. 959¿ ENFORCEMENT.

For enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
SEC. 11. ø16 U.S.C. 960¿ None of the prohibitions contained in
this Act or in the laws and regulations of the States shall prevent
the commissions from conducting or authorizing the conduct of fishing operations and biological experiments at any time for the purpose of scientific investigations as authorized by the conventions, or
shall prevent the commissions from discharging any of its or their
functions or duties prescribed by the conventions.
SEC. 12. ø16 U.S.C. 961¿ There is hereby authorized to be appropriated from time to time, out of any moneys in the Treasury
not otherwise appropriated, such sums as may be necessary to
carry out the provisions of each convention and of this Act, including—
(a) contributions to each commission for the United States
share of any joint expenses of the commission and the expenses
of the United States Commissioners and their staff, including
personal services in the District of Columbia and elsewhere;
(b) travel expenses without regard to the Standardized
Government Travel Regulations, as amended, the Travel Expense Act of 1949, or section 10 of the Act of March 3, 1933
(U. S. C., title 5, sec. 73b);
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(c) printing and binding without regard to section 11 of the
Act of March 1, 1919 (U. S. C., title 44, sec. 111), or section
3709 of the Revised Statutes (U. S. C., title 41, sec. 5);
(d) stenographic and other services by contract, if deemed
necessary, without regard to section 3709 of the Revised Statutes (U. S. C., title 41, sec. 5); and
(e) purchase, hire, operation, maintenance, and repair of
aircraft, motor vehicles (including passenger-carrying vehicles),
boats and research vessels.
SEC. 13. ø16 U.S.C. 951 note¿ If any provision of this Act or
the application of such provision to any circumstances 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.
SEC. 14. ø16 U.S.C. 951 note¿ This Act shall take effect with
respect to each of the conventions upon the entry into force of that
convention, unless such entry into force shall be prior to the date
of approval of this Act in which case this Act shall take effect immediately.
SEC. 15. ø16 U.S.C. 962¿ REDUCTION OF BYCATCH IN THE EASTERN
TROPICAL PACIFIC OCEAN.

The Secretary of State, in consultation with the Secretary of
Commerce and acting through the United States Commissioners,
shall seek, in cooperation with other nations whose vessels fish for
tuna in the eastern tropical Pacific Ocean, to establish standards
and measures for a bycatch reduction program for vessels fishing
for yellowfin tuna in the eastern tropical Pacific Ocean. The bycatch reduction program shall include measures—
(1) to require, to the maximum extent practicable, that sea
turtles and other threatened species and endangered species
are released alive;
(2) to reduce, to the maximum extent practicable, the harvest of nontarget species;
(3) to reduce, to the maximum extent practicable, the mortality of nontarget species; and
(4) to reduce, to the maximum extent practicable, the mortality of juveniles of the target species.

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