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U.S. Code as of:
01/19/04
Section 1417. Prohibitions
(a) In general
It is unlawful -
(1) for any person to sell, purchase, offer for sale,
transport, or ship, in the United States, any tuna or tuna
product unless the tuna or tuna product is either dolphin safe or
has been harvested in compliance with the International Dolphin
Conservation Program by a country that is a member of the
Inter-American Tropical Tuna Commission or has initiated and
within 6 months thereafter completed all steps required of
applicant nations in accordance with Article V, paragraph 3 of
the Convention establishing the Inter-American Tropical Tuna
Commission, to become a member of that organization;
(2) except as provided for in subsection 1371(d) of this title,
for any person or vessel subject to the jurisdiction of the
United States intentionally to set a purse seine net on or to
encircle any marine mammal in the course of tuna fishing
operations in the eastern tropical Pacific Ocean except in
accordance with this subchapter and regulations issued pursuant
to this subchapter; and
(3) for any person to import any yellowfin tuna or yellowfin
tuna product or any other fish or fish product in violation of a
ban on importation imposed under section 1371(a)(2) of this
title;
(4) for any person to violate any regulation promulgated under
this subchapter;
(5) for any person to refuse to permit any duly authorized
officer to board a vessel subject to that person's control for
purposes of conducting any search or inspection in connection
with the enforcement of this subchapter; and
(6) for any person to assault, resist, oppose, impede,
intimidate, or interfere with any such authorized officer in the
conduct of any search or inspection described in paragraph (5).
(b) Penalties
(1) Civil penalty
A person that knowingly and willfully violates subsection
(a)(1), (2), (3), (4), or (5) of this section shall be subject to
a civil penalty under section 1375(a) of this title.
(2) Criminal penalty
A person that knowingly and willfully violates subsection
(a)(5) or (a)(6) of this section shall be subject to a criminal
penalty under section 1375(b) of this title.
(c) Civil forfeitures
Any vessel (including its fishing gear, appurtenances, stores,
and cargo) used, and any fish (or its fair market value) taken or
retained, in any manner, in connection with or as a result of the
commission of any act prohibited by this section shall be subject
to forfeiture to the United States in the manner provided in
section 1860 of this title.
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