16 U.S.C. § 971c : US Code - Section 971C: Authority of Secretary of State; cooperative enforcement agreements

Search 16 U.S.C. § 971c : US Code - Section 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, and to act thereon directly or by reference to the
appropriate authorities. The Secretary of State, with the
concurrence of the Secretary and, for matters relating to
enforcement, the Secretary of the department in which the Coast
Guard is operating, is authorized to take appropriate action on
behalf of the United States with regard to recommendations received
from the Commission pursuant to article VIII of the Convention. The
Secretary and, when appropriate, the Secretary 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, and again within forty-five days of the additional
sixty-day period provided by the Convention if any objection is
presented by another contracting party to the Convention, 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 that an objection
of the United States is to be considered as having no effect, the
Secretary 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 for reaffirming objections. The
Secretary of State shall take steps under the Convention to insure
that a recommendation pursuant to article VIII of the Convention
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, and, for
matters relating to enforcement, the Secretary of the department in
which the Coast Guard is operating, that the purposes of the
Convention would be served by allowing a recommendation to take
effect for the United States at some earlier time.
(b) Enforcement agreements
The Secretary of State, in consultation with the Secretary and
the Secretary 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, relating to cooperative enforcement of the provisions
of the Convention, recommendations in force for the United States
and such party or parties under the Convention, and regulations
adopted by the United States and such contracting party or parties
pursuant to recommendations of the Commission. Such agreements may
authorize personnel of the United States to enforce measures under
the Convention and under regulations of another party with respect
to persons under that party's jurisdiction, and may authorize
personnel of another party to enforce measures under the Convention
and under United States regulations with respect to persons subject
to the jurisdiction of the United States. Enforcement under such an
agreement may not take place within the territorial seas or
exclusive economic zone of the United States. Such agreements shall
not subject persons or vessels under the jurisdiction of the United
States to prosecution or assessment of penalties by any court or
tribunal of a foreign country.