22 U.S.C. § 1978 : US Code - Section 1978: Restriction on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs

Search 22 U.S.C. § 1978 : US Code - Section 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.