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16 U.S.C. § 1859 — Criminal offenses

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

16 U.S.C. § 1859 — Criminal offenses

**(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.

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Source file: Laws/federal/codes/united-states-code/title-16/section-1859-criminal-offenses--f0faf79563.md
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Source location: Title 16, Chapter 38, § 1859; chapter-038-fishery-conservation-and-management.md

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

16 U.S.C. § 1861 — Enforcement

**(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

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

16 U.S.C. § 1824 — Permits for foreign fishing

**(a) In general** After February 28, 1977, no foreign fishing vessel shall engage in fishing within the exclusive economic zone, or for anadromous species or Continental Shelf fishery resources beyond such zone, unless such vessel has on board a valid permit issued under this section for such vessel. **(b) Applications and permits under governing international fishery agreements** (1) **Eligibility; duration** — Each foreign nation with which the United States has entered into a governing international fishery agreement shall submit an application to the Secretary of State each year for a permit for each of its fishing vessels that wishes to engage in fishing described in subsection (a). No permit issued under this section may be valid for longer than a year; and [section 558(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section558/c&num=0&edition=prelim) does not apply to the renewal of any such permit. (2) **Forms** — The Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall prescribe the forms for permit applications submitted under this subsection and for permits issued pursuant to any such application. (3) **Contents** — Any application made under this subsection shall specify— (A) the name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and address of the owner thereof; (B) the tonnage, hold capacity, speed, processing equipment, type and quantity of fishing gear, and such other pertinent information with respect to characteristics of each such vessel as the Secretary may require; (C) each fishery in which each such vessel wishes to fish; (D) the estimated amo

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

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

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. § 53707 — Findings related to obligors and operators

**(a) Responsible Obligor.—** The Secretary or Administrator may not guarantee or make a commitment to guarantee an obligation under this chapter unless the Secretary or Administrator finds that the obligor is responsible and has the ability, experience, financial resources, and other qualifications necessary for the adequate operation and maintenance of each vessel that will serve as security for the guarantee. **(b) Operators of Liner Vessels.—** The Administrator may not guarantee or make a commitment to guarantee a loan for the construction, reconstruction, or reconditioning of a liner vessel under this chapter unless the Chairman of the Federal Maritime Commission certifies that the operator of the vessel has not been found by the Commission to have committed, within the previous 5 years— (1) a violation of part A of subtitle IV of this title that involves unjust or unfair discriminatory treatment or undue or unreasonable prejudice or disadvantage with respect to a United States shipper, ocean transportation intermediary, ocean common carrier, or port; or (2) a violation of part B of subtitle IV of this title. **(c) Operators of Fishing Vessels.—** The Secretary may not guarantee or make a commitment to guarantee a loan for the construction, reconstruction, or reconditioning of a fishing vessel under this chapter if the operator of the vessel has been— (1) held liable, or the vessel has been held liable in rem, for a civil penalty under 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)) and the operator has not paid the penalty; (2) found guilty of an offense under section 309 of the Magnuson-Stevens Fishery Conser

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

16 U.S.C. § 1859 — Criminal offenses

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

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