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16 U.S.C. § 5508 — Criminal offenses

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

16 U.S.C. § 5508 — Criminal offenses

**(a) Offenses** A person is guilty of an offense if the person commits any act prohibited by paragraph (6), (7), (8), or (9) of [section 5505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5505&num=0&edition=prelim). **(b) Punishment** Any offense described in subsection (a) is a class A misdemeanor punishable by a fine under title 18, or imprisonment for not more than one year, or both; except that if in the commission of any offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any authorized officer, or places any such officer in fear of imminent bodily injury, the offense is a felony punishable by a fine under title 18, or imprisonment for not more than 10 years, or both.

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Stable record: federal_law:legal_authorities:record_usc_8d955d3d20e51746bdf26d35
Source file: Laws/federal/codes/united-states-code/title-16/section-5508-criminal-offenses--d9132c0db1.md
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Passage SHA-256: ed731ca22c4ac494f4ee58d835541b6da9910a5af1a98f9a141a15a0564ad988

Source location: Title 16, Chapter 75, § 5508; chapter-075-high-seas-fishing-compliance.md

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**(a) Offenses** A person is guilty of an offense if the person commits any act prohibited by paragraph (6), (7), (8), or (9) of [section 5505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5505&num=0&edition=prelim). **(b) Punishment** Any offense described in subsection (a) is a class A misdemeanor punishable by a fine under title 18, or imprisonment for not more than one year, or both; except that if in the commission of any offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any authorized officer, or places any such officer in fear of imminent bodily injury, the offense is a felony punishable by a fine under title 18, or imprisonment for not more than 10 years, or both.

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

16 U.S.C. § 5505 — Unlawful activities

It is unlawful for any person subject to the jurisdiction of the United States— (1) to use a high seas fishing vessel on the high seas in contravention of international conservation and management measures described in [section 5504(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5504/e&num=0&edition=prelim); (2) to use a high seas fishing vessel on the high seas, unless the vessel has on board a valid permit issued under [section 5503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503&num=0&edition=prelim); (3) to use a high seas fishing vessel in violation of the conditions or restrictions of a permit issued under [section 5503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503&num=0&edition=prelim); (4) to falsify any information required to be reported, communicated, or recorded pursuant to this chapter or any regulation issued under this chapter, or to fail to submit in a timely fashion any required information, or to fail to report to the Secretary immediately any change in circumstances that has the effect of rendering any such information false, incomplete, or misleading; (5) to refuse to permit an authorized officer to board a high seas 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 issued under this chapter; (6) to forcibly assault, resist, oppose, impede, intimidate, or interfere with an authorized officer in the conduct of any search or inspection described in paragraph (5); (7) to resist a lawful arrest or detention for any act prohibited by this section; (8) to interfere with, delay, or prevent,

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

16 U.S.C. § 5501 — Purpose

It is the purpose of this chapter— (1) to implement the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993; and (2) to establish a system of permitting, reporting, and regulation for vessels of the United States fishing on the high seas.

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

16 U.S.C. § 5508 — Criminal offenses

Page 2550 TITLE 16—CONSERVATION § 5508 nonpayment of penalty or fine) may obtain re- view 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 penalty or sanction. The Secretary shall promptly file in such court a certified copy of the record upon which such penalty or sanction was imposed, as provided in section 2112 of title 28. The findings and order of the Secretary shall be set aside by such court if they are not found to be supported by substan- tial evidence, as provided in section 706(2) of title 5. (e) Collection (1) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the matter shall be referred to the Attorney General, who shall recover the amount assessed in any appropriate district court of the United States. In such action the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. (2) A high seas fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an act pro- hibited by section 5505 of this title shall be lia- ble in rem for any civil penalty assessed for such violation under subsection (a) and may be pro- ceeded against in any district court of the United States having jurisdiction thereof. Such penalty shall constitute a maritime lien on such vessel that may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel. (Pub. L. 104–43, title I, § 108, Nov. 3, 1995, 109 Stat. 373.) Statutory Notes and Rela

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