Page:United States Statutes at Large Volume 98 Part 2.djvu/557

 PUBLIC LAW 98-445—OCT. 4, 1984

98 STAT. 1717

carry out the purposes and objectives of the Agreement and this Act. Regulations may be made applicable as necessary to all persons and vessels subject to the jurisdiction of the United States, wherever located. Regulations concerning the conservation of a designated species of tuna may be issued only to implement conservation recommendations made by the Council under Article 3(D) of the Agreement. SEC. 8. PROHIBITED ACTS. (a) It is unlawful for any person subject to the jurisdiction of the United States— (1) to engage in fishing for a designated species of tuna within the Agreement Area unless issued a license under the Agreement authorizing such fishing; (2) to engage in fishing for a designated species of tuna within the Agreement area in contravention of regulations promulgated by the Secretary of Commerce under the Agreement; (3) knowingly to ship, transport, purchase, sell, offer for sale, export, or have in custody, possession, or control any designated species of tuna taken or retained in violation of regulations issued under section 7; (4) to fail to make, keep, or furnish any catch return, statistical record, or other report required by regulations issued under section 7; (5) being a person in charge of a vessel of the United States, to fail to stop upon being hailed by an authorized official of the United States, or to refuse to permit officials of the United States to board the vessel or inspect its catch, equipment, books, documents, records, or other articles, or to question individuals on board; or (6) to import from any country, in violation of any regulation issued under section 7, any designated species of tuna. (b) Any person who is convicted of violating— (1) subsection (a)(1), (a)(2), or (a)(3) shall be fined or assessed a civil penalty not more than $25,000, and for a subsequent violation shall be fined or assessed a civil penalty not more than $50,000; (2) subsection (a)(4) or (a)(5) shall be fined or assessed a civil penalty not more than $5,000, and for a subsequent violation shall be fined or assessed a civil penalty not more than $5,000; or (3) subsection (a)(6) shall be fined or assessed a civil penalty not more than $100,000. (c) All designated species of tuna taken or retained in violation of subsection (a)(1), (2), (3), or (6), or the monetary value thereof, is subject to forfeiture. (d) 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 this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act. SEC. 9. ENFORCEMENT. (a) The judges of the United States district courts and United States magistrates may, within their respective jurisdictions, upon

16 USC 972f.

Courts, U.S. 16 USC 972g.

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