--- kind: "section" citation: "16 U.S.C. § 971e" title: "16" title_heading: "Conservation" number: "971e" heading: "Violations" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/971e" units: - "Chapter 16A — Atlantic Tunas Convention" --- # §971e. Violations - (a) **In general—** It shall be unlawful— - (1) for any [person](/usc/16/971.md?p=9) in charge of a [fishing vessel](/usc/16/971.md?p=7) or any [fishing vessel](/usc/16/971.md?p=7) subject to the jurisdiction of the United States to engage in [fishing](/usc/16/971.md?p=6) in [violation](/usc/16/620e.md?p=11) of any regulation adopted pursuant to [section 971d of this title](/usc/16/971d.md); or - (2) for any [person](/usc/16/971.md?p=9) 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](/usc/16/971.md?p=2) made pursuant to article VIII of the [Convention](/usc/16/971.md?p=1) and adopted as regulations pursuant to [section 971d of this title](/usc/16/971d.md), without regard to the citizenship of the [person](/usc/16/971.md?p=9) or vessel which took the fish. - (b) **Failure to furnish returns, records, or reports—** It shall be unlawful for the master or any [person](/usc/16/971.md?p=9) in charge of any [fishing vessel](/usc/16/971.md?p=7) 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](/usc/16/971.md?p=9). - (c) **Refusal of request to board and inspect vessel—** It shall be unlawful for the master or any [person](/usc/16/971.md?p=9) in charge of any [fishing vessel](/usc/16/971.md?p=7) subject to the jurisdiction of the United States to refuse to permit any [person](/usc/16/971.md?p=9) 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](/usc/16/971.md?p=9) onboard in accordance with the provisions of this chapter, or the [Convention](/usc/16/971.md?p=1), 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](/usc/16/971.md?p=9) to import, in [violation](/usc/16/620e.md?p=11) of any regulation adopted pursuant to [section 971d(c)](/usc/16/971d.md?p=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](/usc/16/971.md?p=2), or any fish in any form not under regulation but under investigation by the [Commission](/usc/16/971.md?p=2), during the period such fish have been denied entry in accordance with the provisions of [section 971d(c)](/usc/16/971d.md?p=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](/usc/16/971.md?p=10) shall require proof satisfactory to him that such fish is not ineligible for such entry under the terms of [section 971d(c)](/usc/16/971d.md?p=c) or (d)[^1] of this title. - (e) **Applicability of other laws—** All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for [violation](/usc/16/620e.md?p=11) 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. ## Footnotes [^1]: See References in Text note below. ## Source credit (Pub. L. 94–70, § 7, Aug. 5, 1975, 89 Stat. 390; Pub. L. 104–43, title III, § 306, Nov. 3, 1995, 109 Stat. 385; Pub. L. 105–384, title II, § 202(b)(1)(F), Nov. 13, 1998, 112 Stat. 3453; Pub. L. 114–81, title I, § 107(2), Nov. 5, 2015, 129 Stat. 658.) ## Notes ### Editorial Notes ### References in Text Section 971d(d) of this title, referred to in subsec. (d), was amended generally by Pub. L. 101–627, title II, § 207, Nov. 28, 1990, 104 Stat. 4461. Prior to amendment, subsec. (d) related to Commission recommendations concerning bluefin tuna and issuance of regulations in that regard. ### Amendments 2015—Subsecs. (e) to (g). Pub. L. 114–81 redesignated subsec. (g) as (e) and struck out former subsecs. (e) and (f), which related to sanctions and forfeiture, respectively. 1998—Subsec. (e). Pub. L. 105–384 made technical amendment to reference in original act which appears in text as reference to section 1858 of this title. 1995—Subsec. (e). Pub. L. 104–43 amended subsec. (e) generally, substituting present provisions for provisions establishing civil penalties for violations of this section, providing for authority of Secretary to assess, remit, or mitigate any civil penalty, providing for notice and hearing prior to assessment, and providing for civil action upon failure to pay penalty.