--- kind: "section" citation: "16 U.S.C. § 971c" title: "16" title_heading: "Conservation" number: "971c" heading: "Authority of Secretary of State; cooperative enforcement agreements" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/971c" units: - "Chapter 16A — Atlantic Tunas Convention" --- # §971c. Authority of Secretary of State; cooperative enforcement agreements - (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](/usc/16/971.md?p=2), and to act thereon directly or by reference to the appropriate authorities. The Secretary of State, with the concurrence of the [Secretary](/usc/16/971.md?p=10) and, for matters relating to enforcement, the [Secretary](/usc/16/971.md?p=10) of the department in which the Coast Guard is operating, is authorized to [take](/usc/16/3102.md?p=18) appropriate action on behalf of the United States with regard to recommendations received from the [Commission](/usc/16/971.md?p=2) pursuant to article VIII of the [Convention](/usc/16/971.md?p=1). The [Secretary](/usc/16/971.md?p=10) and, when appropriate, the [Secretary](/usc/16/971.md?p=10) 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](/usc/16/971.md?p=2), and again within forty-five days of the additional sixty-day period provided by the [Convention](/usc/16/971.md?p=1) if any objection is presented by another contracting party to the [Convention](/usc/16/971.md?p=1), 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](/usc/16/971.md?p=2) that an objection of the United States is to be considered as having no effect, the [Secretary](/usc/16/971.md?p=10) 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](/usc/16/971.md?p=1) for reaffirming objections. The Secretary of State shall [take](/usc/16/3102.md?p=18) steps under the [Convention](/usc/16/971.md?p=1) to insure that a recommendation pursuant to article VIII of the [Convention](/usc/16/971.md?p=1) 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](/usc/16/971.md?p=10), and, for matters relating to enforcement, the [Secretary](/usc/16/971.md?p=10) of the department in which the Coast Guard is operating, that the purposes of the [Convention](/usc/16/971.md?p=1) would be served by allowing a recommendation to [take](/usc/16/3102.md?p=18) effect for the United States at some earlier time. - (b) **Enforcement agreements—** The Secretary of State, in consultation with the [Secretary](/usc/16/971.md?p=10) and the [Secretary](/usc/16/971.md?p=10) 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](/usc/16/971.md?p=1), relating to cooperative enforcement of the provisions of the [Convention](/usc/16/971.md?p=1), recommendations in force for the United States and such party or parties under the [Convention](/usc/16/971.md?p=1), and regulations adopted by the United States and such contracting party or parties pursuant to recommendations of the [Commission](/usc/16/971.md?p=2). Such agreements may authorize personnel of the United States to enforce measures under the [Convention](/usc/16/971.md?p=1) and under regulations of another party with respect to [persons](/usc/16/971.md?p=9) under that party’s jurisdiction, and may authorize personnel of another party to enforce measures under the [Convention](/usc/16/971.md?p=1) and under United States regulations with respect to [persons](/usc/16/971.md?p=9) subject to the jurisdiction of the United States. Enforcement under such an agreement may not [take](/usc/16/3102.md?p=18) place within the territorial seas or [exclusive economic zone](/usc/16/971.md?p=5) of the United States. Such agreements shall not subject [persons](/usc/16/971.md?p=9) or vessels under the jurisdiction of the United States to prosecution or assessment of penalties by any court or tribunal of a foreign country. ## Source credit (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.) ## Notes ### Editorial Notes ### Amendments 1998—Subsec. (b). Pub. L. 105–384 directed amendment identical to amendment by Pub. L. 104–43. See 1995 Amendment note below. 1995—Subsec. (b). Pub. L. 104–43 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 Tuna Pub. L. 104–43, title III, § 309(b), Nov. 3, 1995, 109 Stat. 387, as amended by Pub. L. 104–297, 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)).”