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16 U.S.C. § 3607 — Enforcement
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating shall enforce the provisions of this chapter and any regulation issued under this chapter. For purposes of such enforcement, such provisions and regulations shall be considered to be provisions of the Act of 1976 [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.] to which section 311(a), (b), (c), and (d) of the Act of 1976 ([16 U.S.C. 1861(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861/a&num=0&edition=prelim), (b), (c), and (d), respectively) apply.
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Source location: Title 16, Chapter 56, § 3607; chapter-056-north-atlantic-salmon-fishing.md
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The Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating shall enforce the provisions of this chapter and any regulation issued under this chapter. For purposes of such enforcement, such provisions and regulations shall be considered to be provisions of the Act of 1976 [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.] to which section 311(a), (b), (c), and (d) of the Act of 1976 ([16 U.S.C. 1861(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861/a&num=0&edition=prelim), (b), (c), and (d), respectively) apply.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, the term—
(1) “Act of 1976” means the Act entitled “An Act to provide for the conservation and management of the fisheries, and for other purposes”, approved April 13, 1976 ([16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.);
(2) “Commission” means any of the Commissions of the Organization that are established by the Convention;
(3) “Commissioner” means a United States Commissioner appointed under [section 3602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3602&num=0&edition=prelim);
(4) “Convention” means the Convention for the Conservation of Salmon in the North Atlantic Ocean, signed at Reykjavik, Iceland, on March 2, 1982;
(5) “Council” means the Council established by the Convention;
(6) “fishing” has the same meaning as such term has in section 3(10) 11 See References in Text note below. of the Act of 1976 ([16 U.S.C. 1802(10)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802/10&num=0&edition=prelim));
(7) “Organization” means the North Atlantic Salmon Conservation Organization established under the Convention;
(8) “person” has the same meaning as such term has in section 3(19) 1 of the Act of 1976 ([16 U.S.C. 1802(19)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802/19&num=0&edition=prelim)); and
(9) “salmon” means all species of salmon which migrate in or into the waters of the Atlantic Ocean north of 36 degrees north latitude.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3601
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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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1801. This identifies an authority to review, not proof of applicability.
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1861
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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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1861. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2315
TITLE 16—CONSERVATION
§ 3631
(1) be liable to the United States for a civil
penalty under section 308 of the Act of 1976 (16
U.S.C. 1858) 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); and
(2) be guilty of an offense under section 309
of the Act of 1976 (16 U.S.C. 1859) 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), (E), (F), or (H)).
(c) Civil forfeiture of vessel
Any vessel used, and any fish (or the fair mar-
ket value thereof) taken or retained in any man-
ner, 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 to
civil forfeiture under section 310 of the Act of
1976 (16 U.S.C. 1860) to the same extent as if such
vessel was used in, or such fish was taken or re-
tained in connection with or as the result of, the
commission of an act prohibited by section 307
of the Act of 1976 (16 U.S.C. 1857).
(Pub. L. 97–389, title III, § 307, Dec. 29, 1982, 96
Stat. 1953; Pub. L. 98–44, title I, § 102(2), July 12,
1983, 97 Stat. 216.)
Editorial Notes
AMENDMENTS
1983—Subsec. (c). Pub. L. 98–44 inserted provision that
any fish, or the fair market value thereof, taken or re-
tained in connection with or as the result of the com-
mission of an act unlawful under subsection (a) of this
section shall be subject to civil forfeitures under sec-
tion 1860 of this title to the same extent as if such fish
was taken or retained in connection with or as the re-
sult of the commission of an act prohibited by section
1857 of this title.
§ 3607. Enforcement
The Secretary of Commerce and the Secretary
of the department i
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3607
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