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U.S. Code as of:
01/19/04
Section 971e. Violations
(a) In general
It shall be unlawful -
(1) for any person in charge of a fishing vessel or any fishing
vessel subject to the jurisdiction of the United States to engage
in fishing in violation of any regulation adopted pursuant to
section 971d of this title; or
(2) for any person subject to the jurisdiction of the United
States to ship, transport, purchase, sell, offer for sale,
import, export, or have in custody, possession, or control any
fish which he knows, or should have known, were taken or retained
contrary to the recommendations of the Commission made pursuant
to article VIII of the Convention and adopted as regulations
pursuant to section 971d of this title, without regard to the
citizenship of the person or vessel which took the fish.
(b) Failure to furnish returns, records, or reports
It shall be unlawful for the master or any person in charge of
any fishing vessel subject to the jurisdiction of the United States
to fail to make, keep, or furnish any catch returns, statistical
records, or other reports as are required by regulations adopted
pursuant to this chapter to be made, kept, or furnished by such
master or person.
(c) Refusal of request to board and inspect vessel
It shall be unlawful for the master or any person in charge of
any fishing vessel subject to the jurisdiction of the United States
to refuse to permit any person authorized to enforce the provisions
of this chapter and any regulations adopted pursuant thereto, to
board such vessel and inspect its catch, equipment, books,
documents, records, or other articles or question the persons
onboard in accordance with the provisions of this chapter, or the
Convention, as the case may be, or to obstruct such officials in
the execution of such duties.
(d) Importation of ineligible species or species under
investigation
It shall be unlawful for any person to import, in violation of
any regulation adopted pursuant to section 971d(c) or (d) (!1) of
this title, from any country, any fish in any form of those species
subject to regulation pursuant to a recommendation of the
Commission, or any fish in any form not under regulation but under
investigation by the Commission, during the period such fish have
been denied entry in accordance with the provisions of section
971d(c) or (d) (!1) of this title. In the case of any fish as
described in this subsection offered for entry in the United
States, the Secretary shall require proof satisfactory to him that
such fish is not ineligible for such entry under the terms of
section 971d(c) or (d) (!1) of this title.
(e) Sanctions
The civil penalty and permit sanctions of section 1858 of this
title are hereby made applicable to violations of this section as
if they were violations of section 1857 of this title.
(f) Forfeiture
All fish taken or retained in violation of subsection (a) of this
section, or the monetary value thereof, may be forfeited.
(g) Applicability of other laws
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
chapter, insofar as such provisions of law are applicable and not
inconsistent with the provisions of this chapter.
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