§ 1978. Restriction on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs
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(a)Certification to President
(1)When the Secretary of Commerce, in consultation with the Secretary of State, determines that nationals of a foreign country, directly or indirectly, are conducting fishing operations in a manner or under circumstances which diminish the effectiveness of an international fishery conservation program, the Secretary of Commerce shall certify such fact to the President.
(2)When the Secretary of Commerce or the Secretary of the Interior, in consultation with the Secretary of State, finds that nationals of a foreign country, directly or indirectly, are engaging in trade or taking which diminishes the effectiveness of any international program for endangered or threatened species, the Secretary making such finding shall certify such fact to the President.
(3)In administering this subsection, the Secretary of Commerce or the Secretary of the Interior, as appropriate, in consultation with the Secretary of State, shall—
(A)periodically monitor the activities of foreign nationals that may affect the international programs referred to in paragraphs
(1)and (2);
(B)promptly investigate any activity by foreign nationals that, in the opinion of the Secretary, may be cause for certification under paragraph
(1)or (2); and
(C)promptly conclude; and reach a decision with respect to; any investigation commenced under subparagraph (B).
(4)The Secretary of Commerce and the Secretary of the Interior shall each report to Congress each certification to the President made by such Secretary under this subsection, within 15 days after making such certification.
(5)Upon receipt of any certification made under paragraph
(1)or (2), the President may direct the Secretary of the Treasury to prohibit the bringing or the importation into the United States of any products from the offending country for any duration as the President determines appropriate and to the extent that such prohibition is sanctioned by the World Trade Organization (as defined in section 3501(8) of title 19) or the multilateral trade agreements (as defined in section 3501(4) of title 19).
(b)Notification to Congress Within sixty days following certification by the Secretary of Commerce or the Secretary of the Interior, the President shall notify the Congress of any action taken by him pursuant to such certification. In the event the President fails to direct the Secretary of the Treasury to prohibit the importation of fish products or wildlife products of the offending country, or if such prohibition does not cover all fish products or wildlife products of the offending country, the President shall inform the Congress of the reasons therefor.
(c)Importation of fish products from offending country prohibited It shall be unlawful for any person subject to the jurisdiction of the United States knowingly to bring or import into, or cause to be imported into, the United States any products prohibited by the Secretary of the Treasury pursuant to this section.
(d)Periodic review by Secretary of Commerce or Secretary of the Interior; termination of certification; notice After making a certification to the President under subsection (a), the Secretary of Commerce or the Secretary of the Interior, as the case may be, in consultation with the Secretary of State, shall periodically review the activities of the nationals of the offending country to determine if the reasons for which the certification was made no longer prevail. Upon determining that such reasons no longer prevail, the Secretary concerned shall terminate the certification and publish notice thereof, together with a statement of the facts on which such determination is based, in the Federal Register.
(e)Penalties; forfeiture; customs laws
(1)Any person violating the provisions of this section shall be fined not more than $10,000 for the first violation, and not more than $25,000 for each subsequent violation.
(2)All products brought or imported into the United States in violation of this section, or the monetary value thereof, may be forfeited.
(3)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 the provisions of this section, insofar as such provisions of law are applicable and not inconsistent with this section.
(f)Enforcement
(1)Enforcement of the provisions of this section prohibiting the bringing or importation of products into the United States shall be the responsibility of the Secretary of the Treasury.
(2)The judges of the United States district courts, and United States magistrate judges may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this chapter and regulations issued thereunder.
(3)Any person authorized to carry out enforcement activities hereunder shall have the power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this section.
(4)Such person so authorized shall have the power—
(A)with or without a warrant or other process, to arrest any persons subject to the jurisdiction of the United States committing in his presence or view a violation of this section or the regulations issued thereunder;
(B)with or without a warrant or other process, to search any vessel or other conveyance subject to the jurisdiction of the United States, and, if as a result of such search he has reasonable cause to believe that such vessel or other conveyance or any person on board is engaging in operations in violation of this section or the regulations issued thereunder, then to arrest such person.
(5)Such person so authorized, may seize, whenever and wherever lawfully found, all products brought or imported into the United States in violation of this section or the regulations issued thereunder. Products so seized may be disposed of pursuant to the order of a court of competent jurisdiction, or, if perishable, in a manner prescribed by regulations promulgated by the Secretary of the Treasury after consultation with the Secretary of Health and Human Services.
(g)Regulations The Secretary of the Treasury, the Secretary of Commerce, and the Secretary of the Interior are each authorized to prescribe such regulations as he determines necessary to carry out the provisions of this section.
(h)Definitions As used in this section—
(1)The term “person” means any individual, partnership, corporation, or association.
(2)The term “United States” means the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and every other territory and possession of the United States.
(3)The term “international fishery conservation program” means any ban, restriction, regulation, or other measure in effect pursuant to a bilateral or multilateral agreement which is in force with respect to the United States, the purpose of which is to conserve or protect the living resources of the sea, including marine mammals.
(4)The term “international program for endangered or threatened species” means any ban, restriction, regulation, or other measure in effect pursuant to a multilateral agreement which is in force with respect to the United States, the purpose of which is to protect endangered or threatened species of animals.
(5)The term “taking”, as used with respect to animals to which an international program for endangered or threatened species applies, means to—
(A)harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect; or
(B)attempt to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect.
(Aug. 27, 1954, ch. 1018, § 8, as added Pub. L. 92–219, Dec. 23, 1971, 85 Stat. 786; amended Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 95–376, § 2, Sept. 18, 1978, 92 Stat. 714; Pub. L. 96–61, § 3(b), Aug. 15, 1979, 93 Stat. 408; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100–711, § 8, Nov. 23, 1988, 102 Stat. 4772; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102–582, title II, § 201, Nov. 2, 1992, 106 Stat. 4904; Pub. L. 106–36, title I, § 1002(d), June 25, 1999, 113 Stat. 133; Pub. L. 114–231, title V, § 501, Oct. 7, 2016, 130 Stat. 956.)
Connections124 cite this · traces to 4
Cited by 124 sections · top 60
U.S. Code
- § 1801Findings, purposes and policy
- § 1361Congressional findings and declaration of policy
- § 1371Moratorium on taking and importing marine mammals and marine mammal products
- § 1822International fishery agreements
- § 1821Foreign fishing
- § 1826hBiennial report on international compliance
- § 1826aDenial of port privileges and sanctions for high seas large-scale driftnet fishing
- § 7601Definitions
- § 5301Findings
- § 4715Other monitoring and enforcement actions
- § 4242Certification under Pelly amendment
public-private-law
statutes-at-large
- Public Law 95–376To extend until October 1, 1981, the voluntary insurance program provided by section 7 of the Fishermen’s Protective Act of 1967, and for other purposes
- Public Law 100–220To provide congressional approval of the Governing International Fishery Agreement between the United States and Japan; to implement the provisions of Annex V to the International Convention for the Prevention of Pollution from Ships, 1973; to reauthorize the National Sea Grant College Program Act;
- Public Law 101–627To authorize appropriations to carry out the Magnuson Fishery Conservation and Management Act through fiscal year 1993, and for other purposes
- Public Law 100–711To authorize appropriations to carry out the Marine Mammal Protection Act of 1972 for fiscal years 1989 through 1993
- Public Law 100–478To authorize appropriations to carry out the Endangered Species Act of 1973 during fiscal years 1988, 1989, 1990, 1991, and 1992, and for other purposes
- Public Law 102–582To enhance the effectiveness of the United Nations international driftnet fishery conservation program
- Public Law 106–36To make miscellaneous and technical changes to various trade laws, and for other purposes
- Public Law 114–231To support global anti-poaching efforts, strengthen the capacity of partner countries to counter wildlife trafficking, designate major wildlife trafficking countries, and for other purposes
- Public Law 96–61To authorize appropriations to carry out the Fishery Conservation and Management Act of 1976 during fiscal years 1980, 1981, and 1982, and for other purposes
- Public Law 117–328Making consolidated appropriations for the fiscal year ending September 30, 2023, and for providing emergency assistance for the situation in Ukraine, and for other purposes
- Public Law 116–113To implement the Agreement between the United States of America, the United Mexican States, and Canada attached as an Annex to the Protocol Replacing the North American Free Trade Agreement
register
- NoticesFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsInterim final rule with request for comments
- Rules and RegulationsFinal rule
- UnknownFinal rule
- NoticesFinal rule
- Rules and RegulationsFinal rule
- NoticesProposed rule; request for comments
- Rules and RegulationsRequest for comments
- Rules and RegulationsProposed rule; request for comments
- NoticesFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- Proposed RulesFinal rule
- Rules and RegulationsFinal rule
- NoticesNotice of proposed rulemaking; request for comments
- Proposed RulesProposed rule; reopening and extension of public comment period on proposed amendment
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- NoticesFinal rule
public-papers-president
- September 15, 2011Message to the Congress Reporting on Pelly Certification and
- April 1, 2014Memorandum on Pelly Certification and Icelandic Whaling
- September 15, 2011Memorandum on Pelly Certification and Icelandic Whaling
- April 1, 2014Message to the Congress on Pelly Certification and Icelandic Whaling
statute-compilations
- Sec. 607BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE
- Sec. 101DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH SEAS LARGE-SCALE DRIFTNET FISHING
- Sec. 815OTHER MONITORING AND ENFORCEMENT ACTIONS
- Sec. 2303CERTIFICATION UNDER PELLY AMENDMENT
- Sec. 201FOREIGN FISHING
- Sec. 501AMENDMENTS TO FISHERMAN’S PROTECTIVE ACT OF 1967
- Sec. 101Moratorium and Exceptions
- Sec. 8**[**[22 U.S.C. 1978](/us/usc/t22/s1978)**]**
- Sec. 2FINDINGS
- Sec. 4006ENFORCEMENT AGREEMENTS
44 references not yet in our index
- Aug. 27, 1954, ch. 1018, § 8
- Pub. L. 92–219
- 85 Stat. 786
- Pub. L. 90–578, title IV, § 402(b)(2)
- 82 Stat. 1118
- Pub. L. 95–376, § 2
- 92 Stat. 714
- Pub. L. 96–61, § 3(b)
- 93 Stat. 408
- Pub. L. 96–88, title V, § 509(b)
- 93 Stat. 695
- Pub. L. 100–711, § 8
- 102 Stat. 4772
- Pub. L. 101–650, title III, § 321
- 104 Stat. 5117
- Pub. L. 102–582, title II, § 201
- 106 Stat. 4904
- Pub. L. 106–36, title I, § 1002(d)
- 113 Stat. 133
- 130 Stat. 956
- Pub. L. 106–36
- Pub. L. 102–582, § 201(a)(1)
- Pub. L. 102–582, § 201(a)(2)
- Pub. L. 102–582, § 201(a)(4)
- Pub. L. 102–582, § 201(b)(1)
- Pub. L. 102–582, § 201(b)(2)
- Pub. L. 102–582, § 201(b)(3)
- Pub. L. 102–582, § 201(b)(5)
- Pub. L. 102–582, § 201(b)(4)
- Pub. L. 100–711
- Pub. L. 96–61, § 3(b)(1)
- Pub. L. 96–61, § 3(b)(2)
- Pub. L. 95–376, § 2(1)
- Pub. L. 95–376, § 2(2)
- Pub. L. 95–376, § 2(3)
- Pub. L. 95–376, § 2(4)
- Pub. L. 95–376, § 2(5)(B)
- Pub. L. 95–376, § 2(5)(A)
- Pub. L. 95–376, § 2(6)
- Pub. L. 95–376, § 2(7)(A)
+ 4 more
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§ 1978
Restriction on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs
Bills×41
Fed. Reg.×29
U.S.C.×18
Stat.×16
Stat. Comp.×12
Pres. Papers×4
Pub. L.×3
ActAug. 27, 1954, ch. 1018, § 8
Pub. L.Pub. L. 92–219
Stat.85 Stat. 786
Pub. L.Pub. L. 90–578, title IV, § 402(b)(2)
Stat.82 Stat. 1118
Cites 48 · showing 9Cited by 124 across 8 sources