458 



Commission made pursuant to article VIII of the 

 Convention which have been adopted as regula- 

 tions pursuant to this section; and 



(I) impose such other requirements and pro- 

 vide for such other measures as the Secretary may 

 deem necessary to implement any recommenda- 

 tion of the Commission. 



(4) Upon the promulgation of regulations pro- 

 vided for in paragraph (3) of this subsection, the 

 Secretary shall promulgate, with the concurrence of 

 the Secretary of State and pursuant to the proced- 

 ures prescribed in paragraph (2) of this subsection, 

 additional regulations which shall become effective 

 simultaneously with the application of the regula- 

 tions provided for in paragraph (3) of this subsec- 

 tion, which prohibit — 



(A) the entry into the United States of fish in 

 any form of those species which are subject to 

 regulation pursuant to a recommendation of the 

 Commission and which were taken from the Con- 

 vention area in such manner or in such circum- 

 stances as would tend to diminish the effectiveness 

 of the conservation recommendations of the Com- 

 mission; and 



(B) the entry into the United States, from any 

 country when the vessels of such country are be- 

 ing used in the conduct of fishing operations in 

 the Convention area in such manner or in such 

 circimistances as would tend to diminish the effec- 

 tiveness of the conservation recommendations of 

 the Commission, of fish in any form of those 

 species which are subject to regulation pursuant 

 to a recommendation of the Commission and 

 which were taken from the Convention area. 



(5) In the case of repeated and flagrant fishing 

 operations in the Convention area by the vessels of 

 any country which seriously threaten the achieve- 

 ment of the objectives of the Commission's recom- 

 mendations, the Secretary with the concurrence of 

 the Secretary of State, may by regulations promul- 

 gated pursuant to paragraph (2) of this subsection 

 prohibit the entry in any form from such country of 

 other species covered by the Convention as may be 

 under investigation by the Commission and which 

 were taken in the Convention area. Any such pro- 

 hibition shall continue until the Secretary is satis- 

 fied that the condition warranting the prohibition no 

 longer exists, except that all fish in any form of the 

 species under regulation which were previously pro- 

 hibited from entry shall continue to be prohibited 

 from entry. 



(d) Commission recommendations concerning bluefin 

 tuna; regulations. 



(1) Not withstanding' section 971c(a) of this title 

 and subsection (c) of this section, the recommenda- 

 tions of the Commission concerning bluefin tuna 

 (Thunnus thynnus thynnus) which were proposed 

 at the third regular meeting of the Council during 

 the period beginning November 20 and ending No- 

 vember 26, 1974, shall apply with respect to per- 

 sons and vessels subject to the jurisdiction of the 

 United States immediately upon the taking effect of 

 the regulations required to be promulgated under 

 paragraph (2) of this subsection. 



iSo In original. 



(2) Not later than the thirtieth day after August 

 5, 1975, the Secretary shall promulgate such regula- 

 tions as may be necessary and appropriate to carry 

 out the purposes of paragraph ( 1) of this subsection, 

 including, after consultation with the Secretary of 

 the department in which the Coast Guard is operat- 

 ing, regulations providing procedures and methods 

 of enforcement. Notwithstanding provisions of sec- 

 tion 553 of Title 5, such regulations may be promul- 

 gated without general notice of proposed rulemak- 

 ing, and such regulations may take effect on the 

 date they are published in the Federal Register. 

 Such regulations shall remain in force and effect 

 with respect to persons and vessels subject to the 

 jurisdiction of the United States until the last date 

 on which the recommendations referred to in para- 

 graph (1) can take effect under paragraph (3) of 

 article VIII of the Convention, and if such recom- 

 mendations do take effect under the Convention with 

 respect to the United States on or before such last 

 date, such regulations shall remain in force and 

 effect, subject to the provisions of the Convention 

 and this chapter, for so long as such recommenda- 

 tions are so in effect. (Pub. L. 94-70, § 6, Aug. 5, 1975, 

 89 Stat. 387.) 



Section Referred to in Other Sections 

 This section Is referred to in section 971e of this title. 



§971e. Violations; fines and forfeitures; related laws. 



(a) It shall be unlawful — 



(1) for any person in charge of a fishing vessel 

 or any fishing vessel subject to the jurisdiction of 

 the United States to engage in fishing in violation 

 of any regulation adopted pursuant to section 

 971d of this title; or 



(2) for any person 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 con- 

 trary to the recommendations of the Commission 

 made pursuant to article VIII of the Convention 

 and adopted as regulations pursuant to section 

 971d of this title, without regard to the citizenship 

 of the person or vessel which took the fish. 



(b' It shall be unlawful for the master or any per- 

 son in charge of any fishing vessel 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 regula- 

 tions adopted pursuant to this chapter to be made, 

 kept, or furnished by such master or person. 



(c) It shall be unlawful for the master or any 

 person in charge of any fishing vessel subject to the 

 jurisdiction of the United States to refuse to permit 

 any person 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 onboard in accord- 

 ance with the provisions of this chapter, or the Con- 

 vention, as the case may be, or to obstruct such 

 officials in the execution of such duties. 



(d) It shall be unlawful for any person to im- 

 port, in violation of any regulation adopted pursu- 

 ant to section 971d (c) or (d) of this title, from any 



