§ 971c. Authority of Secretary of State; cooperative enforcement agreements
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/usc/title-16/section-971cA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 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.)
Connections10 cite this · traces to 2
Cited by 10 sections · top 9
U.S. Code
statutes-at-large
- Public Law 94–70To give effect to the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966, by the United States of America and other countries, and for other purposes
- Public Law 105–384To approve a governing international fishery agreement between the United States and the Republic of Poland, and for other purposes
- Public Law 104–297To amend the Magnuson Fishery Conservation and Management Act to authorize appropriations, to provide for sustainable fisheries, and for other purposes
statute-compilations
Traces to 2 documents
12 references not yet in our index
- Pub. L. 94–70, § 5
- 89 Stat. 386
- Pub. L. 104–43, title III, § 303(3)
- 109 Stat. 384
- Pub. L. 105–384, title II, § 202(b)(1)(B)
- 112 Stat. 3452
- Pub. L. 105–384
- Pub. L. 104–43
- Pub. L. 104–43, title III, § 309(b)
- 109 Stat. 387
- Pub. L. 104–297, title IV, § 406
- 110 Stat. 3621
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§ 971c
Authority of Secretary of State; cooperative enforcement agreements
U.S.C.×6
Stat.×3
Stat. Comp.×1
Pub. L.Pub. L. 94–70, § 5
Stat.89 Stat. 386
Pub. L.Pub. L. 104–43, title III, § 303(3)
Stat.109 Stat. 384
Pub. L.Pub. L. 105–384, title II, § 202(b)(1)(B)
Cites 14 · showing 7Cited by 10 across 3 sources