16-U.S.C.-971C
§971C – Authority of Secretary of State; Cooperative Enforcement Agreements
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Title 16 > Chapter 16A > Section 971c
Details
- Reference: Section 971c
- Legend: §971C – Authority of Secretary of State; Cooperative Enforcement Agreements
- USCode Year: 2013
Provision Content
(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 partys 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.)
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.
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)).
U.S. Encyclopedia of Law Coverage
16-U.S.C.-943B in the Legal Encyclopedia: Conservation
In this entry about 16-U.S.C.-943B, find legal reference material, bibliographies and premiere content related to conservation in the American Encyclopedia of Law, presenting a comprehensive view of the United States conservation-specific issues, written by authorities in the field.
16-U.S.C.-971B-1 in the Legal Encyclopedia: Treaties
In this entry about 16-U.S.C.-971B-1, find legal reference material, bibliographies and premiere content related to treaties in the American Encyclopedia of Law, presenting a comprehensive view of the United States treaties-specific issues, written by authorities in the field.
16-U.S.C.-952 in the Legal Encyclopedia: International Law
In this entry about 16-U.S.C.-952, find legal reference material, bibliographies and premiere content related to international law in the American Encyclopedia of Law, presenting a comprehensive view of the United States international law-specific issues, written by authorities in the field.
16-U.S.C.-943 in the Legal Encyclopedia: Fishing
In this entry about 16-U.S.C.-943, find legal reference material, bibliographies and premiere content related to fishing in the American Encyclopedia of Law, presenting a comprehensive view of the United States fishing-specific issues, written by authorities in the field.
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