§ 1978. — Restriction on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC1978]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 25--PROTECTION OF VESSELS ON THE HIGH SEAS AND IN TERRITORIAL
WATERS OF FOREIGN COUNTRIES
Sec. 1978. Restriction on importation of fishery or wildlife
products from countries which violate international fishery or
endangered or threatened species programs
(a) Certification to President
(1) When the Secretary of Commerce determines that nationals of a
foreign country, directly or indirectly, are conducting fishing
operations in a manner or under circumstances which diminish the
effectiveness of an international fishery conservation program, the
Secretary of Commerce shall certify such fact to the President.
(2) When the Secretary of Commerce or the Secretary of the Interior
finds that nationals of a foreign country, directly or indirectly, are
engaging in trade or taking which diminishes the effectiveness of any
international program for endangered or threatened species, the
Secretary making such finding shall certify such fact to the President.
(3) In administering this subsection, the Secretary of Commerce or
the Secretary of the Interior, as appropriate, shall--
(A) periodically monitor the activities of foreign nationals
that may affect the international programs referred to in paragraphs
(1) and (2);
(B) promptly investigate any activity by foreign nationals that,
in the opinion of the Secretary, may be cause for certification
under paragraph (1) or (2); and
(C) promptly conclude; and reach a decision with respect to; any
investigation commenced under subparagraph (B).
(4) Upon receipt of any certification made under paragraph (1) or
(2), the President may direct the Secretary of the Treasury to prohibit
the bringing or the importation into the United States of any products
from the offending country for any duration as the President determines
appropriate and to the extent that such prohibition is sanctioned by the
World Trade Organization (as defined in section 3501(8) of title 19) or
the multilateral trade agreements (as defined in section 3501(4) of
title 19).
(b) Notification to Congress
Within sixty days following certification by the Secretary of
Commerce or the Secretary of the Interior, the President shall notify
the Congress of any action taken by him pursuant to such certification.
In the event the President fails to direct the Secretary of the Treasury
to prohibit the importation of fish products or wildlife products of the
offending country, or if such prohibition does not cover all fish
products or wildlife products of the offending country, the President
shall inform the Congress of the reasons therefor.
(c) Importation of fish products from offending country prohibited
It shall be unlawful for any person subject to the jurisdiction of
the United States knowingly to bring or import into, or cause to be
imported into, the United States any products prohibited by the
Secretary of the Treasury pursuant to this section.
(d) Periodic review by Secretary of Commerce or Secretary of the
Interior; termination of certification; notice
After making a certification to the President under subsection (a)
of this section, the Secretary of Commerce or the Secretary of the
Interior, as the case may be, shall periodically review the activities
of the nationals of the offending country to determine if the reasons
for which the certification was made no longer prevail. Upon determining
that such reasons no longer prevail, the Secretary concerned shall
terminate the certification and publish notice thereof, together with a
statement of the facts on which such determination is based, in the
Federal Register.
(e) Penalties; forfeiture; customs laws
(1) Any person violating the provisions of this section shall be
fined not more than $10,000 for the first violation, and not more than
$25,000 for each subsequent violation.
(2) All products brought or imported into the United States in
violation of this section, or the monetary value thereof, may be
forfeited.
(3) 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 section, insofar as such provisions of law
are applicable and not inconsistent with this section.
(f) Enforcement
(1) Enforcement of the provisions of this section prohibiting the
bringing or importation of products into the United States shall be the
responsibility of the Secretary of the Treasury.
(2) The judges of the United States district courts, and United
States magistrate judges may, within their respective jurisdictions,
upon proper oath or affirmation showing probable cause, issue such
warrants or other process as may be required for enforcement of this
chapter and regulations issued thereunder.
(3) Any person authorized to carry out enforcement activities
hereunder shall have the power to execute any warrant or process issued
by any officer or court of competent jurisdiction for the enforcement of
this section.
(4) Such person so authorized shall have the power--
(A) with or without a warrant or other process, to arrest any
persons subject to the jurisdiction of the United States committing
in his presence or view a violation of this section or the
regulations issued thereunder;
(B) with or without a warrant or other process, to search any
vessel or other conveyance subject to the jurisdiction of the United
States, and, if as a result of such search he has reasonable cause
to believe that such vessel or other conveyance or any person on
board is engaging in operations in violation of this section or the
regulations issued thereunder, then to arrest such person.
(5) Such person so authorized, may seize, whenever and wherever
lawfully found, all products brought or imported into the United States
in violation of this section or the regulations issued thereunder.
Products so seized may be disposed of pursuant to the order of a court
of competent jurisdiction, or, if perishable, in a manner prescribed by
regulations promulgated by the Secretary of the Treasury after
consultation with the Secretary of Health and Human Services.
(g) Regulations
The Secretary of the Treasury, the Secretary of Commerce, and the
Secretary of the Interior are each authorized to prescribe such
regulations as he determines necessary to carry out the provisions of
this section.
(h) Definitions
As used in this section--
(1) The term ``person'' means any individual, partnership,
corporation, or association.
(2) The term ``United States'' means the several States, the
District of Columbia, Puerto Rico, the Northern Mariana Islands,
American Samoa, Guam, the Virgin Islands, and every other territory
and possession of the United States.
(3) The term ``international fishery conservation program''
means any ban, restriction, regulation, or other measure in effect
pursuant to a bilateral or multilateral agreement which is in force
with respect to the United States, the purpose of which is to
conserve or protect the living resources of the sea, including
marine mammals.
(4) The term ``international program for endangered or
threatened species'' means any ban, restriction, regulation, or
other measure in effect pursuant to a multilateral agreement which
is in force with respect to the United States, the purpose of which
is to protect endangered or threatened species of animals.
(5) The term ``taking'', as used with respect to animals to
which an international program for endangered or threatened species
applies, means to--
(A) harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect; or
(B) attempt to harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect.
(Aug. 27, 1954, ch. 1018, Sec. 8, as added Pub. L. 92-219, Dec. 23,
1971, 85 Stat. 786; amended Pub. L. 90-578, title IV, Sec. 402(b)(2),
Oct. 17, 1968, 82 Stat. 1118; Pub. L. 95-376, Sec. 2, Sept. 18, 1978, 92
Stat. 714; Pub. L. 96-61, Sec. 3(b), Aug. 15, 1979, 93 Stat. 408; Pub.
L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L.
100-711, Sec. 8, Nov. 23, 1988, 102 Stat. 4772; Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102-582, title II,
Sec. 201, Nov. 2, 1992, 106 Stat. 4904; Pub. L. 106-36, title I,
Sec. 1002(d), June 25, 1999, 113 Stat. 133.)
References in Text
The customs laws, referred to in subsec. (e)(3), are classified
generally to Title 19, Customs Duties.
Amendments
1999--Subsec. (a)(4). Pub. L. 106-36 substituted ``World Trade
Organization (as defined in section 3501(8) of title 19) or the
multilateral trade agreements (as defined in section 3501(4) of title
19)'' for ``General Agreement on Tariffs and Trade''.
1992--Subsec. (a)(4). Pub. L. 102-582, Sec. 201(a)(1), substituted
``any products from the offending country for any duration'' for ``fish
products (if the certification is made under paragraph (1)) or wildlife
products (if the certification is made under paragraph (2)) from the
offending country for such duration''.
Subsecs. (c), (e)(2). Pub. L. 102-582, Sec. 201(a)(2), (3),
substituted ``products'' for ``fish products or wildlife products''.
Subsec. (f). Pub. L. 102-582, Sec. 201(a)(4), substituted
``products'' for ``fish products and wildlife products'' in pars. (1)
and (5) and ``Products'' for ``Fish products and wildlife products'' in
par. (5).
Subsec. (h)(2). Pub. L. 102-582, Sec. 201(b)(1), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``The term
`United States', when used in a geographical sense, means the
continental United States, Alaska, Hawaii, Puerto Rico, and the United
States Virgin Islands.''
Subsec. (h)(3). Pub. L. 102-582, Sec. 201(b)(2), inserted
``bilateral or'' before ``multilateral'' and ``, including marine
mammals'' before period at end.
Subsec. (h)(4). Pub. L. 102-582, Sec. 201(b)(3), (4), redesignated
par. (5) as (4) and struck out former par. (4) which read as follows:
``The term `fish products' means any aquatic species (including marine
mammals and plants) and all products thereof exported from an offending
country, whether or not taken by fishing vessels of such country, or
packed, processed, or otherwise prepared for export in such country or
within the jurisdiction thereof.''
Subsec. (h)(5). Pub. L. 102-582, Sec. 201(b)(5), amended par. (5)
generally. Prior to amendment, par. (5) read as follows: ``The term
`taking' means--
``(A) for purposes of subsection (a)(2) of this section--
``(i) to harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect, or
``(ii) to attempt to engage in any such conduct with respect
to,
animals to which an international program for endangered or
threatened species applies; and
``(B) for purposes of paragraph (6), any conduct described in
subparagraph (A)(i), whether or not such conduct is legal under the
laws of the offending country, undertaken with respect to any wild
animal.''
Pub. L. 102-582, Sec. 201(b)(4), redesignated par. (7) as (5).
Former par. (5) redesignated (4).
Subsec. (h)(6). Pub. L. 102-582, Sec. 201(b)(3), struck out par. (6)
which read as follows: ``The term `wildlife products' means fish (other
than those to which paragraph (4) applies) and wild animals, and parts
(including eggs) thereof, taken within an offending country and all
products of any such fish and wild animals, or parts thereof, whether or
not such products are packed, processed, or otherwise prepared for
export in such country or within the jurisdiction thereof. Such term
does not include any wild animal or fish if brought or imported into the
United States for scientific research.''
Subsec. (h)(7). Pub. L. 102-582, Sec. 201(b)(4), redesignated par.
(7) as (5).
1988--Subsec. (h)(4). Pub. L. 100-711 amended par. (4) generally.
Prior to amendment, par. (4) read as follows: ``The term `fish products'
means fish and marine mammals and all products thereof taken by fishing
vessels of an offending country whether or not packed, processed, or
otherwise prepared for export in such country or within the jurisdiction
thereof.''
1979--Subsec. (a)(3), (4). Pub. L. 96-61, Sec. 3(b)(1), added par.
(3) and redesignated former par. (3) as (4).
Subsecs. (d) to (h). Pub. L. 96-61, Sec. 3(b)(2), (3), added subsec.
(d) and redesignated subsecs. (d) to (g) as (e) to (h), respectively.
1978--Subsec. (a). Pub. L. 95-376, Sec. 2(1), designated existing
provisions as par. (1), struck out a provision enabling the President,
upon receipt of certification, to direct the Secretary of the Treasury
to prohibit importation of fish products of the offending country for as
long as he determines appropriate and to the extent such prohibition is
sanctioned by the General Agreement on Tariffs and Trade, and added
pars. (2) and (3).
Subsec. (b). Pub. L. 95-376, Sec. 2(2), inserted ``or the Secretary
of the Interior'' after ``Secretary of Commerce'' and inserted ``or
wildlife products'' after ``fish products'' in two places.
Subsec. (c). Pub. L. 95-376, Sec. 2(3), inserted ``or wildlife
products'' after ``fish products''.
Subsecs. (d)(2), (e)(1). Pub. L. 95-376, Sec. 2(4), (5)(A), inserted
``and wildlife products'' after ``fish products''.
Subsec. (e)(4)(B). Pub. L. 95-376, Sec. 2(5)(B), inserted ``or other
conveyance'' after ``vessel'' wherever appearing.
Subsec. (e)(5). Pub. L. 95-376, Sec. 2(5)(A), (C), inserted ``and
wildlife products'' after ``all fish products'', and substituted ``Fish
products and wildlife products'' for ``Any fish products''.
Subsec. (f). Pub. L. 95-376, Sec. 2(6), inserted references to the
Secretary of Commerce and the Secretary of the Interior.
Subsec. (g)(3). Pub. L. 95-376, Sec. 2(7)(A), (B), substituted ``in
effect'' for ``in force'', and ``which is in force with respect to the
United States'' for ``to which the United States is a signatory party''.
Subsec. (g)(5) to (7). Pub. L. 95-376, Sec. 2(7)(C), added pars. (5)
to (7).
Change of Name
``United States magistrate judges'' substituted for ``United States
magistrates'' in subsec. (f)(2) pursuant to section 321 of Pub. L. 101-
650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure. Previously ``United States magistrates'' substituted
for ``United States commissioners'' pursuant to Pub. L. 90-578. See
chapter 43 (Sec. 631 et seq.) of Title 28.
``Secretary of Health and Human Services'' substituted for
``Secretary of Health, Education, and Welfare'' in subsec. (f)(5)
pursuant to section 509(b) of Pub. L. 96-88, which is classified to
section 3508(b) of Title 20, Education.
Section Referred to in Other Sections
This section is referred to in title 16 sections 1371, 1821, 1826,
1826a, 4242, 5301.
