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16 U.S.C. § 1860 — Civil forfeitures

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1860 — Civil forfeitures

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Stable record: federal_law:legal_authorities:record_usc_167ce9cea735a6a725626667
Source file: Laws/federal/codes/united-states-code/title-16/section-1860-civil-forfeitures--f1ecdffec0.md
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Source location: Title 16, Chapter 38, § 1860; chapter-038-fishery-conservation-and-management.md

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**(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 the customs law; (2) the disposition of such property or the proceeds from the sale thereof; and (3) the remission or mitigation of any such forfeiture; shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, unless such provisions are inconsistent with the purposes, policy, and provisions of this chapter. The duties and powers imposed upon the Commissioner of U.S. Customs and Border Protection or other persons under such provisions shall, with respect to this chapter, be performed by officers or other persons designated for such purpose by the Secretary. **(d) Procedure** (1) Any officer authorized to serve any process in rem which is issued by a court having jurisdiction under section 1861(d) shall— (A) stay the execution of such process; or (B) discharge any fish seized pursuant to such process; upon the receipt of a satisfactory bond or other security from any person claiming such property. Such bond or other security shall be conditioned upon such person (i) delivering such property to the appropriate court upon order thereof, without any impairment of its value, or (ii) paying the monetary value of such property pursuant to an order of such court. Judgment shall be recoverable on such bond or other security against both the principal and any sureties in the event that any condition thereof is breached, as determined by such court. Nothing in this paragraph may be construed to require the Secretary, except in the Secretary’s discretion or pursuant to the order of a court under [section 1861(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861/d&num=0&edition=prelim), to release on bond any seized fish or other property or the proceeds from the sale thereof. (2) Any fish seized pursuant to this chapter may be sold, subject to the approval and direction of the appropriate court, for not less than the fair market value thereof. The proceeds of any such sale shall be deposited with such court pending the disposition of the matter involved. **(e) Rebuttable presumptions** (1) For purposes of this section, it shall be a rebuttable presumption that all fish found on board a fishing vessel which is seized in connection with an act prohibited by [section 1857 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1857&num=0&edition=prelim) were taken or retained in violation of this chapter. (2) For purposes of this chapter, it shall be a rebuttable presumption that any fish of a species which spawns in fresh or estuarine waters and migrates to ocean waters that is found on board a vessel is of United States origin if the vessel is within the migratory range of the species during that part of the year to which the migratory range applies. (3) For purposes of this chapter, it shall be a rebuttable presumption that any vessel that is shoreward of the outer boundary of the exclusive economic zone of the United States or beyond the exclusive economic zone of any nation, and that has gear on board that is capable of use for large-scale driftnet fishing, is engaged in such fishing.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(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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16 U.S.C. § 1801 — Findings, purposes and policy

**(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

16 U.S.C. § 1857 — Prohibited acts

It is unlawful— (1) for any person— (A) to violate any provision of this chapter or any regulation or permit issued pursuant to this chapter; (B) to use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, of an applicable permit issued pursuant to this chapter; (C) to violate any provision of, or regulation under, an applicable governing international fishery agreement entered into pursuant to [section 1821(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1821/c&num=0&edition=prelim); (D) to refuse to permit 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)) 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 or any regulation, permit, or agreement referred to in subparagraph (A) or (C); (E) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in subparagraph (D); (F) to resist a lawful arrest for any act prohibited by this section; (G) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this chapter or any regulation, permit, or agreement referred to in subparagraph (A) or (C); (H) to 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; (I) to knowingly and

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 211 — National Urban Security Technology Laboratory

**(a) In general** The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under [section 188(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section188/c/2&num=0&edition=prelim). Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism. **(b) Laboratory described** The laboratory described in this subsection is the laboratory— (1) known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and (2) transferred to the Department pursuant to [section 183(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section183/1/E&num=0&edition=prelim). **(c) Laboratory activities** The National Urban Security Technology Laboratory shall— (1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers; (2) act as a technical advisor to emergency response providers; and (3) carry out other such activities as the Secretary determines appropriate. **(d) Rule of construction** Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1417 — Prohibitions

**(a) In general** It is unlawful— (1) for any person to sell, purchase, offer for sale, transport, or ship, in the United States, any tuna or tuna product unless the tuna or tuna product is either dolphin safe or has been harvested in compliance with the International Dolphin Conservation Program by a country that is a member of the Inter-American Tropical Tuna Commission or has initiated and within 6 months thereafter completed all steps required of applicant nations in accordance with Article V, paragraph 3 of the Convention establishing the Inter-American Tropical Tuna Commission, to become a member of that organization; (2) except as provided for in subsection 11 So in original. Probably should be “section”. 1371(d) of this title, for any person or vessel subject to the jurisdiction of the United States intentionally to set a purse seine net on or to encircle any marine mammal in the course of tuna fishing operations in the eastern tropical Pacific Ocean except in accordance with this subchapter and regulations issued pursuant to this subchapter; and 22 So in original. The word “and” probably should not appear. (3) for any person to import any yellowfin tuna or yellowfin tuna product or any other fish or fish product in violation of a ban on importation imposed under [section 1371(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/a/2&num=0&edition=prelim); (4) for any person to violate any regulation promulgated under this subchapter; (5) for any person to refuse to permit any duly authorized officer to board a vessel subject to that person’s control for purposes of conducting any search or inspection in connection with the enforcement of this subchapter; and (6) for any person to assault, resist, oppose, im

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16 U.S.C. § 3606 — Violations and penalties

**(a) Directed fishing for salmon; Convention, rules and regulations** It is unlawful for any person, or any vessel, subject to the jurisdiction of the United States— (1) to conduct directed fishing for salmon in waters seaward of twelve miles from the baselines from which the breadths of territorial seas are measured, in waters of the Atlantic Ocean north of 36 degrees north latitude; or (2) to violate any provision of the Convention or this chapter, or of any regulation promulgated under this chapter. **(b) Civil and criminal penalties** Any person who commits any act that is unlawful under subsection (a) of this section shall— (1) be liable to the United States for a civil penalty under section 308 of the Act of 1976 ([16 U.S.C. 1858](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1858&num=0&edition=prelim)) to the same extent as if such act were an act prohibited under section 307 of the Act of 1976 ([16 U.S.C. 1857](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1857&num=0&edition=prelim)); and (2) be guilty of an offense under section 309 of the Act of 1976 ([16 U.S.C. 1859](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1859&num=0&edition=prelim)) to the same extent as if such act were an act prohibited by section 307(1)(D), (E), (F), or (H) of the Act of 1976 ([16 U.S.C. 1857(1)(D)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1857/1/D&num=0&edition=prelim), (E), (F), or (H)). **(c) Civil forfeiture of vessel** Any vessel 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 an act which is unlawful under subsection (a) of this section shall be subject

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16 U.S.C. § 5106 — Secretarial action

**(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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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5154 — Moratorium

**(a) Secretarial action after notification** Upon receiving notice from the Commission under [section 5153(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5153/c&num=0&edition=prelim) of a negative determination regarding a coastal State, the Secretaries shall determine jointly, within 30 days, whether that coastal State is in compliance with the Plan and, if the State is not in compliance, the Secretaries shall declare jointly a moratorium on fishing for Atlantic striped bass within the coastal waters of that coastal State. In making such a determination, the Secretaries shall carefully consider and review the comments of the Commission and that coastal State in question. **(b) Prohibited acts during moratorium** During a moratorium period, it is unlawful for any person— (1) to engage in fishing within the moratorium area; (2) to land, or attempt to land, Atlantic striped bass that are caught, taken, or harvested in violation of paragraph (1); (3) to land lawfully harvested Atlantic striped bass within the boundaries of a coastal State when a moratorium declared under subsection (a) applies to that State; or (4) to fail to return to the water Atlantic striped bass to which the moratorium applies that are caught incidental to harvesting that occurs in the course of commercial or recreational fish catching activities, regardless of the physical condition of the striped bass when caught. **(c) Civil penalties** (1) **Civil penalty** — Any person who commits any act that is unlawful under subsection (b) shall be liable to the United States for a civil penalty as provided by section 308 of the Magnuson Act ([16 U.S.C. 1858](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1858&num=0&edition=pre

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16 U.S.C. § 7407 — Enforcement

**(a) Existing authorities and responsibilities** (1) **Authorities and responsibilities** — The authorities and responsibilities under subsections (a), (b), and (c) of [section 1861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861&num=0&edition=prelim) and subsection (f) of [section 1858 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1858&num=0&edition=prelim) and paragraphs (2), (3), and (7) of [section 2439(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2439/b&num=0&edition=prelim) shall apply with respect to enforcement of this chapter. (2) **Included vessels** — For purposes of enforcing this chapter, any reference in such paragraphs and subsections to a “vessel” or “fishing vessel” includes all vessels as defined in [section 7402(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7402/8&num=0&edition=prelim). (3) **Application of other provisions** — Such paragraphs and subsections apply to violations of this chapter and any regulations promulgated under this chapter. **(b) Civil enforcement** (1) **Civil administrative penalties** (A) *In general* — Any person who is found by the Secretary (after notice and 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 under [section 7406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7406&num=0&edition=prelim) shall be liable to the United States for a civil penalty. The amount of the civil penalty shall be consistent with the amount under [

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 57112 — Requirements for purchasing federally auctioned vessels

**(a) In General.—** To be eligible to purchase a covered vessel from the Federal Government, a person shall provide proof of— (1) liability insurance for the operator of such covered vessel; (2) financial resources sufficient to cover maintenance costs of such covered vessel; and (3) with respect to a covered vessel requiring documentation under chapter 121, an admiralty bond or stipulation. **(b) Covered Vessel Defined.—** In this section, the term “covered vessel” means— (1) a government owned vessel disposed of in accordance with this part and [section 548 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section548&num=0&edition=prelim); (2) a vessel seized or forfeited pursuant to any law, and auctioned by the Federal Government, including a vessel seized or forfeited pursuant to section 7301 or 7302 of the Internal Revenue Code of 1986; or (3) a fishing vessel seized or forfeited pursuant to 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)).

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