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LegalText 16 U.S.C. § 971c Authority of Secretary of State; cooperative enforcement agreements us united_states_code code_section 16 CONSERVATION 16A ATLANTIC TUNAS CONVENTION 971c 16 U.S.C. § 971c current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip /us/usc/t16/s971c data/legal/raw/us/code/title-16/usc16.xml 160670bee546106c37cb0401336568547e1990aab0ec64cd1d5bf5a21d915b08 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 eb672a36c96a6a24b9791bc413450c9dd17a6e0ee674ce5957bb4e21b53a4cfe 2026-07-04 official
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16 U.S.C. § 971c - Authority of Secretary of State; cooperative enforcement agreements

Text

(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. 9470, § 5, Aug. 5, 1975, 89 Stat. 386; Pub. L. 10443, title III, § 303(3), Nov. 3, 1995, 109 Stat. 384; Pub. L. 105384, title II, § 202(b)(1)(B), Nov. 13, 1998, 112 Stat. 3452.)

Notes

Editorial Notes

Amendments1998—Subsec. (b). Pub. L. 105384 directed amendment identical to amendment by Pub. L. 10443. See 1995 Amendment note below. 1995—Subsec. (b). Pub. L. 10443 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 TunaPub. L. 10443, title III, § 309(b), Nov. 3, 1995, 109 Stat. 387, as amended by Pub. L. 104297, 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)).”