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16 U.S.C. § 5154 — Moratorium
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 16, Chapter 71A, § 5154; chapter-71a-atlantic-striped-bass-conservation.md
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**(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=prelim)).
(2) **Civil forfeitures**
(A) *In general* — 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 (b) shall be subject to forfeiture to the United States as provided in section 310 of the Magnuson Act ([16 U.S.C. 1860](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1860&num=0&edition=prelim)).
(B) *Disposal of fish* — 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 regulations.
**(d) Enforcement** A person authorized by the Secretaries or the Secretary of the department in which the Coast Guard is operating may take any action to enforce a moratorium declared under subsection (a) that an officer authorized by the Secretary under section 311(b) of the Magnuson 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 Secretaries 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.
**(e) Regulations** The Secretaries may issue regulations to implement this section.
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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
(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
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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Responsibility** The provisions of this chapter shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. Such Secretaries may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency, including all elements of the Department of Defense, and of any State agency, in the performance of such duties.
**(b) Powers of authorized officers**
(1) Any officer who is authorized (by the Secretary, the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an agreement with such Secretaries under subsection (a)) to enforce the provisions of this chapter may—
(A) with or without a warrant or other process—
(i) arrest any person, if he has reasonable cause to believe that such person has committed 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);
(ii) board, and search or inspect, any fishing vessel which is subject to the provisions of this chapter;
(iii) seize any fishing vessel (together with its fishing gear, furniture, appurtenances, stores, and cargo) used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any provision of this chapter;
(iv) seize any fish (wherever found) taken or retained in violation of any provision of this chapter;
(v) seize any other evidence related to any violation of any provision of this chapter; and
(vi) access, directly or indirectly, for enforcement purposes any data or information required to be
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Federal law — U.S. Code and appendices · legal_authorities
Page 2103
TITLE 16—CONSERVATION
§ 1861
1990—Subsec. (e). Pub. L. 101–627 designated existing
provisions as par. (1) and added par. (2).
1986—Subsec. (c). Pub. L. 99–659, § 109(a)(1), amended
second sentence generally. Prior to amendment, second
sentence of subsec. (c) read as follows: ‘‘The provisions
of the customs laws relating to—
‘‘(1) the disposition of forfeited property,
‘‘(2) the proceeds from the sale of forfeited prop-
erty,
‘‘(3) the remission or mitigation of forfeitures, and
‘‘(4) the compromise of claims,
shall apply to any forfeiture ordered, and to any case
in which forfeiture is alleged to be authorized, under
this section, unless such provisions are inconsistent
with the purposes, policy, and provisions of this chap-
ter.’’
Subsec. (d)(1). Pub. L. 99–659, § 109(a)(2), inserted pro-
vision that nothing in this paragraph may be construed
to require the Secretary, except in the Secretary’s dis-
cretion or pursuant to the order of a court under sec-
tion 1861(d) of this title, to release on bond any seized
fish or other property or the proceeds from the sale
thereof.
1983—Subsec. (a). Pub. L. 97–453 inserted ‘‘(or the fair
market value thereof)’’ after ‘‘fish’’ wherever appear-
ing.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Commissioner of U.S. Customs and Border Protec-
tion’’ substituted for ‘‘Commissioner of Customs’’ in
concluding provisions of subsec. (c) on authority of sec-
tion 802(d)(2) of Pub. L. 114–125, set out as a note under
section 211 of Title 6, Domestic Security.
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.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and li-
abilities of the U
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1861
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Federal law — U.S. Code and appendices · legal_authorities
Page 2536
TITLE 16—CONSERVATION
§ 5154
date of each biannual period thereafter, the Commis-
sion shall notify the Secretaries of the results of the
monitoring under subsection (b) of this section of each
coastal State.’’
Subsec. (d). Pub. L. 99–432, § 2(a), redesignated subsec.
(d) as (b).
§ 5154. Moratorium
(a) Secretarial action after notification
Upon receiving notice from the Commission
under section 5153(c) of this title of a negative
determination regarding a coastal State, the
Secretaries shall determine jointly, within 30
days, whether that coastal State is in compli-
ance 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 Sec-
retaries 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 morato-
rium area;
(2) to land, or attempt to land, Atlantic
striped bass that are caught, taken, or har-
vested 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 sub-
section (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 rec-
reational 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 un-
lawful under subsection
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