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16 U.S.C. § 5106 — Secretarial action
Federal law — U.S. Code and appendices · legal_authorities
**(a) Secretarial review of Commission determination of noncompliance** Within 30 days after receiving a notification from the Commission under [section 5105(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5105/b&num=0&edition=prelim) and after review of the Commission’s determination of noncompliance, the Secretary shall make a finding on—
(1) whether the State in question has failed to carry out its responsibility under [section 5104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5104&num=0&edition=prelim); and
(2) if so, whether the measures that the State has failed to implement and enforce are necessary for the conservation of the fishery in question.
**(b) Consideration of comments** In making a finding under subsection (a), the Secretary shall—
(A) give careful consideration to the comments of the State that the Commission has determined under [section 5105(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5105/a&num=0&edition=prelim) is not in compliance with a coastal fishery management plan, and provide such State, upon request, with the opportunity to meet with and present its comments directly to the Secretary; and
(B) solicit and consider the comments of the Commission and the appropriate Councils.
**(c) Moratorium**
(1) Upon making a finding under subsection (a) that a State has failed to carry out its responsibility under [section 5104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5104&num=0&edition=prelim) and that the measures it failed to implement and enforce are necessary for conservation, the Secretary shall declare a moratorium on fishing in the fishery in question
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Source location: Title 16, Chapter 71, § 5106; chapter-071-atlantic-coastal-fisheries-cooperative-management.md
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**(a) Secretarial review of Commission determination of noncompliance** Within 30 days after receiving a notification from the Commission under [section 5105(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5105/b&num=0&edition=prelim) and after review of the Commission’s determination of noncompliance, the Secretary shall make a finding on—
(1) whether the State in question has failed to carry out its responsibility under [section 5104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5104&num=0&edition=prelim); and
(2) if so, whether the measures that the State has failed to implement and enforce are necessary for the conservation of the fishery in question.
**(b) Consideration of comments** In making a finding under subsection (a), the Secretary shall—
(A) give careful consideration to the comments of the State that the Commission has determined under [section 5105(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5105/a&num=0&edition=prelim) is not in compliance with a coastal fishery management plan, and provide such State, upon request, with the opportunity to meet with and present its comments directly to the Secretary; and
(B) solicit and consider the comments of the Commission and the appropriate Councils.
**(c) Moratorium**
(1) Upon making a finding under subsection (a) that a State has failed to carry out its responsibility under [section 5104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5104&num=0&edition=prelim) and that the measures it failed to implement and enforce are necessary for conservation, the Secretary shall declare a moratorium on fishing in the fishery in question within the waters of the noncomplying State. The Secretary shall specify the moratorium’s effective date, which shall be any date within 6 months after declaration of the moratorium.
(2) If after a moratorium is declared under paragraph (1) the Secretary is notified by the Commission that the Commission is withdrawing under [section 5105(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5105/c&num=0&edition=prelim) the determination of noncompliance, the Secretary shall immediately determine whether the State is in compliance with the applicable plan. If so, the moratorium shall be terminated.
**(d) Implementing regulations** The Secretary may issue regulations necessary to implement this section. Such regulations—
(1) may provide for the possession and use of fish which have been produced in an aquaculture operation, subject to applicable State regulations; and
(2) shall allow for retention of fish that are subject to a moratorium declared under this section and unavoidably taken as incidental catch in fisheries directed toward menhaden if—
(A) discarding the retained fish is impracticable;
(B) the retained fish do not constitute a significant portion of the catch of the vessel; and
(C) retention of the fish will not, in the judgment of the Secretary, adversely affect the conservation of the species of fish retained.
**(e) Prohibited acts during moratorium** During the time in which a moratorium under this section is in effect, it is unlawful for any person to—
(1) violate the terms of the moratorium or of any implementing regulation issued under subsection (d);
(2) engage in fishing for any species of fish to which the moratorium applies within the waters of the State subject to the moratorium;
(3) land, attempt to land, or possess fish that are caught, taken, or harvested in violation of the moratorium or of any implementing regulation issued under subsection (d);
(4) fail to return to the water immediately, with a minimum of injury, any fish to which the moratorium applies that are taken incidental to fishing for species other than those to which the moratorium applies, except as provided by regulations issued under subsection (d);
(5) refuse to permit any officer authorized to enforce the provisions of this chapter to board a fishing vessel subject to such person’s control for purposes of conducting any search or inspection in connection with the enforcement of this chapter;
(6) forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection under this chapter;
(7) resist a lawful arrest for any act prohibited by this section;
(8) ship, transport, offer for sale, sell, purchase, import, or have custody, control, or possession of, any fish taken or retained in violation of this chapter; or
(9) interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section.
**(f) Civil and criminal penalties**
(1) Any person who commits any act that is unlawful under subsection (e) shall be liable to the United States for a civil penalty as provided by section 308 of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1858](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1858&num=0&edition=prelim)).
(2) Any person who commits an act prohibited by paragraph (5), (6), (7), or (9) of subsection (e) is guilty of an offense punishable as provided by section 309(a)(1) and (b) of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1859(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1859/a/1&num=0&edition=prelim) and (b)).
**(g) Civil forfeitures**
(1) Any vessel (including its gear, equipment, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with, or as the result of, the commission of any act that is unlawful under subsection (e), shall be subject to forfeiture to the United States as provided in section 310 of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1860](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1860&num=0&edition=prelim)).
(2) Any fish seized pursuant to this chapter may be disposed of pursuant to the order of a court of competent jurisdiction or, if perishable, in a manner prescribed in regulation.
**(h) Enforcement** A person authorized by the Secretary or the Secretary of the department in which the Coast Guard is operating may take any action to enforce a moratorium declared under subsection (c) of this section that an officer authorized by the Secretary under section 311(b) of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1861(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861/b&num=0&edition=prelim)) may take to enforce that Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.]. The Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal department or agency and of any agency of a State in carrying out that enforcement.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by [section 1857 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1857&num=0&edition=prelim) (other than any act for which the issuance of a citation under [section 1861(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861/c&num=0&edition=prelim) is sufficient sanction) shall be subject to forfeiture to the United States. All or part of such vessel may, and all such fish (or the fair market value thereof) shall, be forfeited to the United States pursuant to a civil proceeding under this section.
**(b) Jurisdiction of district courts** Any district court of the United States which has jurisdiction under [section 1861(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861/d&num=0&edition=prelim) shall have jurisdiction, upon application by the Attorney General on behalf of the United States, to order any forfeiture authorized under subsection (a) and any action provided for under subsection (d).
**(c) Judgment** If a judgment is entered for the United States in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to the United States, which has not previously been seized pursuant to this chapter or for which security has not previously been obtained under subsection (d). The provisions of the customs laws relating to—
(1) the seizure, forfeiture, and condemnation of property for violation of th
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assessment of penalty** Any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim), to have committed an act prohibited by section 1857 or [section 1870 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1870&num=0&edition=prelim) shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $100,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require. In assessing such penalty the Secretary may also consider any information provided by the violator relating to the ability of the violator to pay, Provided, That the information is served on the Secretary at least 30 days prior to an administrative hearing.
**(b) Review of civil penalty** Any person against whom a civil penalty is assessed under subsection (a) or against whom a permit sanction is imposed under subsection (g) (other than a permit suspension for nonpayment of penalty or fine) may obtain review thereof in the United States district court for the appropriate district by filing a complaint against the Secretary in such court within 30 days from the date of such order. The Secretary shall promptly file in such cou
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Coastal fishery management plans**
(1) The Commission shall prepare and adopt coastal fishery management plans to provide for the conservation of coastal fishery resources. In preparing a coastal fishery management plan for a fishery that is located in both State waters and the exclusive economic zone, the Commission shall consult with appropriate Councils to determine areas where such coastal fishery management plan may complement Council fishery management plans. The coastal fishery management plan shall specify the requirements necessary for States to be in compliance with the plan. Upon adoption of a coastal fishery management plan, the Commission shall identify each State that is required to implement and enforce that plan.
(2) Within 1 year after December 20, 1993, the Commission shall establish standards and procedures to govern the preparation of coastal fishery management plans under this chapter, including standards and procedures to ensure that—
(A) such plans promote the conservation of fish stocks throughout their ranges and are based on the best scientific information available; and
(B) the Commission provides adequate opportunity for public participation in the plan preparation process, including at least four public hearings and procedures for the submission of written comments to the Commission.
**(b) State implementation and enforcement**
(1) Each State identified under subsection (a) with respect to a coastal fishery management plan shall implement and enforce the measures of such plan within the timeframe established in the plan.
(2) Within 90 days after December 20, 1993, the Commission shall establish a schedule of timeframes within which States shall implement and enforce the measures of coastal fishery management plans in existen
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities.
(2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels.
(3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen.
(4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effectiv
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Federal law — U.S. Code and appendices · legal_authorities
Page 1991
TITLE 16—CONSERVATION
§ 1801
Sec.
1826k.
Equivalent conservation measures.
1827.
Observer program regarding certain foreign
fishing.
1827a.
Prohibition on sale of billfish.
1828.
Foreign fishing incursions.
1829.
International monitoring and compliance.
SUBCHAPTER IV—NATIONAL FISHERY
MANAGEMENT PROGRAM
1851.
National standards for fishery conservation
and management.
1852.
Regional Fishery Management Councils.
1853.
Contents of fishery management plans.
1853a.
Limited access privilege programs.
1854.
Action by Secretary.
1855.
Other requirements and authority.
1856.
State jurisdiction.
1857.
Prohibited acts.
1858.
Civil penalties and permit sanctions.
1859.
Criminal offenses.
1860.
Civil forfeitures.
1861.
Enforcement.
1861a.
Transition to sustainable fisheries.
1861b.
Fisheries enforcement plans and reporting.
1862.
North Pacific fisheries conservation.
1863.
Northwest Atlantic Ocean Fisheries Reinvest-
ment Program.
1864.
Repealed.
1865.
Bycatch reduction engineering program.
1866.
Shark feeding.
1867.
Cooperative research and management pro-
gram.
1868.
Herring study.
1869.
Restoration study.
SUBCHAPTER V—FISHERY MONITORING AND
RESEARCH
1881.
Registration and information management.
1881a.
Information collection.
1881b.
Observers.
1881c.
Fisheries research.
1881d.
Incidental harvest research.
1882.
Fisheries systems research.
1883.
Gulf of Mexico red snapper research.
1884.
Deep sea coral research and technology pro-
gram.
1885.
Seafood import monitoring program.
1885a.
Report on Seafood Import Monitoring Pro-
gram.
SUBCHAPTER VI—MISCELLANEOUS
1891.
Investment in United States seafood proc-
essing facilities.
1891a.
Community-based restoration program for
fishery and coast
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
Page 2099
TITLE 16—CONSERVATION
§ 1858
this title were to take effect Mar. 1, 1977, prior to the
general amendment of section 312 by Pub. L. 104–297,
title I, § 116(a), Oct. 11, 1996, 110 Stat. 3600. See section
1861a of this title.
SAVINGS CLAUSE
Pub. L. 111–348, title I, § 103(b), Jan. 4, 2011, 124 Stat.
3670, provided that:
‘‘(1) IN
GENERAL.—The amendments made by sub-
section (a) [amending this section] do not apply to an
individual engaged in commercial fishing for smooth
dogfish (Mustelus canis) in that area of the waters of the
United States located shoreward of a line drawn in such
a manner that each point on it is 50 nautical miles
from the baseline of a State from which the territorial
sea is measured, if the individual holds a valid State
commercial fishing license, unless the total weight of
smooth dogfish fins landed or found on board a vessel
to which this subsection applies exceeds 12 percent of
the total weight of smooth dogfish carcasses landed or
found on board.
‘‘(2) DEFINITIONS.—In this subsection:
‘‘(A) COMMERCIAL FISHING.—The term ‘commercial
fishing’ has the meaning given that term in section 3
of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802).
‘‘(B) STATE.—The term ‘State’ has the meaning
given that term in section 803 of Public Law 103–206
(16 U.S.C. 5102).’’
CONSTRUCTION
Nothing in section 103 of Pub. L. 111–348 (amending
this section and enacting provisions set out as a note
above) to be construed as affecting, altering, or dimin-
ishing the authority of the Secretary of Commerce to
establish such conservation and management measures
as the Secretary considers necessary and appropriate
under sections 1852(a)(3) and 1854(g) of this title, see
section 104 of Pub. L. 111–348, set out
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1858
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Offenses** A person is guilty of an offense if he commits any act prohibited by—
(1) section 1857(1)(D), (E), (F), (H), (I), or (L) of this title; or
(2) [section 1857(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1857/2&num=0&edition=prelim).
**(b) Punishment** Any offense described in subsection (a)(1) is punishable by a fine of not more than $100,000, or imprisonment for not more than 6 months, or both; except that if in the commission of any such offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any observer described in [section 1857(1)(L) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1857/1/L&num=0&edition=prelim) or any officer authorized to enforce the provisions of this chapter (as provided for in [section 1861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861&num=0&edition=prelim)), or places any such observer or officer in fear of imminent bodily injury, the offense is punishable by a fine of not more than $200,000, or imprisonment for not more than 10 years, or both. Any offense described in subsection (a)(2) is punishable by a fine of not more than $200,000.
**(c) Jurisdiction** There is Federal jurisdiction over any offense described in this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1859
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Federal law — U.S. Code and appendices · legal_authorities
Page 2101
TITLE 16—CONSERVATION
§ 1859
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (g)(1), was in the
original ‘‘this Act’’, meaning Pub. L. 94–265, Apr. 13,
1976, 90 Stat. 331, known as the Magnuson-Stevens Fish-
ery Conservation and Management Act, which is classi-
fied principally to this chapter. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 1801 of this title and Tables.
AMENDMENTS
2021—Subsec. (a). Pub. L. 116–340, § 3(e)(2), struck out
‘‘or section 1870’’ after ‘‘section 1857’’.
Pub. L. 116–340, § 3(b), inserted ‘‘or section 1870’’ after
‘‘section 1857’’.
1996—Subsec. (a). Pub. L. 104–297, § 114(a), struck out
‘‘ability to pay,’’ after ‘‘history of prior offenses,’’ and
inserted at end ‘‘In assessing such penalty the Sec-
retary may also consider any information provided by
the violator relating to the ability of the violator to
pay, Provided, That the information is served on the
Secretary at least 30 days prior to an administrative
hearing.’’
Subsec. (b). Pub. L. 104–297, § 114(b), amended first
sentence generally. Prior to amendment, first sentence
read as follows: ‘‘Any person against whom a civil pen-
alty is assessed under subsection (a) of this section may
obtain review thereof in the United States district
court for the appropriate district by filing a complaint
in such court within 30 days from the date of such order
and by simultaneously serving a copy of such com-
plaint by certified mail on the Secretary, the Attorney
General and the appropriate United States Attorney.’’
Subsec. (g)(1). Pub. L. 104–297, § 114(c), substituted
‘‘(C) any amount in settlement of a civil forfeiture im-
posed on a vessel or other property, or any civil penalty
or crimin
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1859
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Federal law — U.S. Code and appendices · legal_authorities
Page 2102
TITLE 16—CONSERVATION
§ 1860
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1983 AMENDMENT
Pub. L. 97–453, § 11(b), Jan. 12, 1983, 96 Stat. 2491, pro-
vided that: ‘‘The amendment made by subsection (a)
[amending this section] applies with respect to offenses
committed under section 309 [this section] on or after
the date of the enactment of this Act [Jan. 12, 1983].’’
EFFECTIVE DATE
Section effective Mar. 1, 1977, see section 312 of Pub.
L. 94–265, formerly set out as a note under section 1857
of this title.
§ 1860. Civil forfeitures
(a) In general
Any fishing vessel (including its fishing gear,
furniture, appurtenances, stores, and cargo)
used, and any fish (or the fair market value
thereof) taken or retained, in any manner, in
connection with or as a result of the commission
of any act prohibited by section 1857 of this title
(other than any act for which the issuance of a
citation under section 1861(c) of this title is suf-
ficient sanction) shall be subject to forfeiture to
the United States. All or part of such vessel
may, and all such fish (or the fair market value
thereof) shall, be forfeited to the United States
pursuant to a civil proceeding under this sec-
tion.
(b) Jurisdiction of district courts
Any district court of the United States which
has jurisdiction under section 1861(d) of this
title shall have jurisdiction, upon application by
the Attorney General on behalf of the United
States, to order any forfeiture authorized under
subsection (a) and any action provided for under
subsection (d).
(c) Judgment
If a judgment is entered for the United States
in a civil forfeiture proceeding under this sec-
tion, the Attorney General may seize any prop-
erty or other interest declared forfeited to the
United St
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1860
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