16 U.S.C. § 971

Definitions

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For the purpose of this chapter—(1) The term “Convention” means the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966, including any amendments or protocols which are or become effective for the United States.(2) The term “Commission” means the International Commission for the Conservation of Atlantic Tunas provided for in article III of the Convention.(3) The term “conservation recommendation” means any recommendation of the Commission made pursuant to Article VIII of the Convention and acted upon favorably by the Secretary of State under section 971c(a) of this title.(4) The term “Council” means the Council established within the International Commission for the Conservation of Atlantic Tunas pursuant to article V of the Convention.(5) The term “exclusive economic zone” means an exclusive economic zone as defined in section 1802 of this title.(6) The term “fishing” means the catching, taking, or fishing for or the attempted catching, taking, or fishing for any species of fish covered by the Convention, or any activities in support thereof.(7) The term “fishing vessel” means any vessel engaged in catching fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities.(8) The term “Panel” means any panel established by the Commission pursuant to article VI of the Convention.(9) The term “person” means every individual, partnership, corporation, and association subject to the jurisdiction of the United States.(10) The term “Secretary” means the Secretary of Commerce.(11) The term “State” includes each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.(Pub. L. 94–70, § 2, Aug. 5, 1975, 89 Stat. 385; Pub. L. 94–265, title IV, § 405(a), Apr. 13, 1976, 90 Stat. 361; Pub. L. 95–33, § 2, May 26, 1977, 91 Stat. 173; Pub. L. 104–43, title III, § 303(1), (2), Nov. 3, 1995, 109 Stat. 384; Pub. L. 105–384, title II, § 202(b)(1)(A), (F), Nov. 13, 1998, 112 Stat. 3452, 3453.)Editorial NotesAmendments

1998—Pars. (4), (5). Pub. L. 105–384 renumbered par. (4) defining “exclusive economic zone” as par. (5) and made technical amendment to reference in original act which appears in text as reference to section 1802 of this title.

1995—Par. (3). Pub. L. 104–43, § 303(1), added par. (3). Former par. (3) redesignated (4).

Par. (4). Pub. L. 104–43, § 303(2), added par. (4) defining “exclusive economic zone”. Former par. (4) redesignated (5).

Pub. L. 104–43, § 303(1), redesignated par. (3) defining “Council” as (4).

Par. (5). Pub. L. 104–43, § 303(2), struck out par. (5) which read as follows: “The term ‘fisheries zone’ means the waters included within a zone contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the outer boundary is a line drawn in such a manner that each point on it is two hundred nautical miles from the baseline from which the territorial sea is measured; or similar zones established by other parties to the Convention to the extent that such zones are recognized by the United States.”

Pub. L. 104–43, § 303(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Pars. (6) to (11). Pub. L. 104–43, § 303(1), redesignated pars. (5) to (10) as (6) to (11), respectively.

1977—Par. (4). Pub. L. 95–33 struck out the comma between “zone” and “contiguous”, substituted “two hundred” for “200”, and substituted a semicolon for a comma after “is measured”.

1976—Par. (4). Pub. L. 94–265, which directed the substitution of “the waters included within a zone, contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal state, and the outer boundary is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured,” for “the fisheries zone established pursuant to the Act of October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094)”, was executed by making the substitution for “the entire zone established by the United States under the Act of October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094)”, to reflect the probable intent of Congress.

Statutory Notes and Related SubsidiariesEffective Date of 1976 Amendment

Pub. L. 94–265, title IV, § 405(b), Apr. 13, 1976, 90 Stat. 361, provided that the amendment made by section 405(a) of Pub. L. 94–265 to this section was to take effect Mar. 1, 1977, prior to the general amendment of title IV of Pub. L. 94–265 by Pub. L. 104–297.

Short Title of 1995 Amendment

Pub. L. 104–43, title III, § 301, Nov. 3, 1995, 109 Stat. 382, provided that: “This title [enacting sections 971j and 971k of this title, amending this section and sections 971b, 971c to 971e, 971h, and 971i of this title, and enacting provisions set out as a note under section 971c of this title] may be cited as the ‘Atlantic Tunas Convention Authorization Act of 1995’.”

Short Title

Pub. L. 94–70, § 1, Aug. 5, 1975, 89 Stat. 385, provided: “That this Act [enacting this chapter and provisions set out below] may be cited as the ‘Atlantic Tunas Convention Act of 1975’.”

Separability

Pub. L. 94–70, § 12, formerly § 11, Aug. 5, 1975, 89 Stat. 394; renumbered § 13, Pub. L. 105–384, title II, § 202(b)(1)(D), Nov. 13, 1998, 112 Stat. 3452; renumbered § 12, Pub. L. 114–81, title I, § 107(5), Nov. 5, 2015, 129 Stat. 658, provided that: “If any provision of this Act [this chapter] or the application of such provision to any circumstance or persons shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other circumstances or persons shall not be affected thereby.”

Notes of Decisions

Cited in 15 cases, 1980–2008 · leading case: Paul Conti & Conti Corp. (As Owner of F/v Providenza) v. United States, 291 F.3d 1334 (Fed. Cir. 2002).

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Paul Conti & Conti Corp. (As Owner of F/v Providenza) v. United States, 291 F.3d 1334 (Fed. Cir. 2002). “§ and other statutes, including the Atlantic Tunas Convention Act, 16 U.S.C. § 971 (1994), the Marine Mammal Protection Act, 16 U.”

Atl. Fish Spotters Ass'n v. Evans, 321 F.3d 220 (1st Cir. 2003). “See Atlantic Tunas Convention Act, 16 U.S.C. §§ 971 -971k (2000); Magnuson-Stevens Fishery Conservation and Management Act, 16 U.”

Blue Ocean Inst. v. Gutierrez, 585 F. Supp. 2d 36 (D.D.C. 2008). “The United States implements ICCAT recommendations through the Atlantic Tuna Convention Act, 16 U.S.C. §§ 971 et seq. (“ATCA”), and manages Western BFTs through the dual authority of the ATCA and the MSA.”

Conti v. United States, 48 Fed. Cl. 532 (Fed. Cl. 2001). “, the Atlantic Tunas Convention Act, 16 U.S.C. § 971 et seq. (implementing the terms of the International Commission for the Conservation of Atlantic Tunas), the Marine Mammal Protection Act, 16 U.”

White Dove, Inc. v. Dir. of Div. of Marine Fisheries, 403 N.E.2d 1169 (Mass. 1980). “A Federal Atlantic Tunas Convention Act, 16 U.S.C. § 971 , et seq., was passed in 1975.”

Recreational Fishing All. v. Evans, 172 F. Supp. 2d 35 (D.D.C. 2001). “Atlantic Tunas Convention Act In addition to the Magnuson-Stevens Act, the Atlantic Tunas Convention Act (“ATCA”), 16 U.S.C. § 971 (1994), provides further authority for the Secretary to promulgate tuna conservation programs.”

Tutein v. Daley, 43 F. Supp. 2d 113 (D. Mass. 1999). “The United States implements the ICCAT and the Commission’s harvesting recommendations through the Atlantic Tunas Convention Act (“ATCA”), 16 U.S.C. §§ 971 -97U. Under Article VIII of the ICCAT, the Commission’s suggested harvesting recommendations become binding upon signatory…”

Blue Water Fishermen's Ass'n v. Nat'l Marine Fisheries Serv., 226 F. Supp. 2d 330 (D. Mass. 2002). “The Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks At issue in this case is the Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (“HMS FMP”), instituted and maintained by the NMFS on the authority of both the Magnuson-Stevens Act and the…”

Blue Water Fishermen's Ass'n v. Nat'l Marine Fisheries Serv., 158 F. Supp. 2d 118 (D. Mass. 2001). “On August 5, 1975, Congress enacted the Atlantic Tunas Convention Act (“ATCA”), 16 U.S.C. § 971 , a domestic counterpart to the International Convention for the Conservation of Atlantic Tunas (“Convention”), signed at Rio de Janeiro on May 14, 1966.”

Massachusetts Audubon Soc'y, Inc. v. Daley, 31 F. Supp. 2d 189 (D. Mass. 1998). · cites it 2× “In four separate Counts (a fifth Count was resolved by stipulation of the parties), Audubon charges violations of the Atlantic Tunas Convention Act (“the Act”), 16 U.S.C. §§ 971 et seq., its implementing regulations, 50 C.”

Blue Water Fisherman's Ass'n v. Mineta, 122 F. Supp. 2d 150 (D.D.C. 2000). “Atlantic Tunas Convention Act In addition to the Magnuson-Stevens Act, the Atlantic Tunas Convention Act (“ATCA”), 16 U.S.C. § 971 (1994), provides further authority for the Secretary to promulgate tuna conservation programs.”

Atl. Fish Spotters Ass'n. v. Evans, 206 F. Supp. 2d 81 (D. Mass. 2002). “, and the Tuna Convention Act, 16 U.S.C. §§ 971 et seq. The implementing regulations of these Acts allow the Secretary to require that a permit be obtained from the Secretary for any fishing vessel or operator of a vessel subject to the jurisdiction of the United States that…”

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