Page:United States Statutes at Large Volume 106 Part 4.djvu/695
PUBLIC LAW 102-523—OCT. 26, 1992 106 STAT. 3431 Act under which a permit under this Act is required for activities conducted pursuant to this title. "(c) MAJOR PURSE SEINE TUNA FISHING COUNTRY DEFINED.— For purposes of this section, the term 'major purse seine tima fishing country* means a country which on the effective date of this title has an active purse seine tuna fishing fleet of 20 or more vessels.
- nSEC. 307. PROHIBrnONS.
16 USC 1417. "(a) IN GENERAL. — I t is unlawful— "(1) for any person, after June 1, 1994, to sell, purchase, offer for sale, transport, or ship, in the United States, any tima or tuna product that is not dolphin safe;
- (2) for any person or vessel that is subject to the jurisdiction of the United States, intentionally to set a purse seine
net on or to encircle any marine mammal during any tuna fishing operation after February 28, 1994, except— "(A) as necessary for scientific research approved by the Inter-American Tropical Tuna Commission; "(B) in accordance with a reconmiendation that is approved under section 302(c)(2); or "(C) as authorized by the general permit issued to the American Tunaboat Association on December 1, 1980 (including any additional restrictions applicable under section 306(a)), notwithstanding any agreement under section 302 with a country that is not a mcgor purse seine tuna fishing country (as that term is defined in section 306(c)); "(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 305(b)(1) or (2); "(4) for any person to violate any regulation promulgated under this title; "(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 title; 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) shall be subject to a civil penalty under section 105(a). " (2) (JRIMINAL PENALTY.— A person that knowingly and willfully violates subsection (a)(6) shall be subject to a criminal penalty under section 105(b). (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 310 of the Magnuson Fishery Conservation and Management Act.
- (d) DOLPHIN SAFE TUNA.— For purposes of this section, tuna
or a tuna product is dolphin safe if—�