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

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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Source location: Title 16, Chapter 56, § 3606; chapter-056-north-atlantic-salmon-fishing.md

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

16 U.S.C. § 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](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

16 U.S.C. § 1858 — Civil penalties and permit sanctions

**(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

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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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. § 1857 — Prohibited acts

Page 2096 TITLE 16—CONSERVATION § 1857 1 So in original. respectively, set out as notes under section 1331 of Title 43, Public Lands. § 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 regula- tion under, an applicable governing inter- national fishery agreement entered into pur- suant to section 1821(c) of this title; (D) to refuse to permit any officer author- ized to enforce the provisions of this chapter (as provided for in section 1861 of this title) to board a fishing vessel subject to such per- son’s control for purposes of conducting any search or inspection in connection with the enforcement of this chapter or any regula- tion, permit, or agreement referred to in subparagraph (A) or (C); (E) to forcibly assault, resist, oppose, im- pede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in subpara- graph (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 an- other person, knowing that such other per- son has committed any act prohibited by this section; (I) to knowingly and willfully submit to a Council

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

16 U.S.C. § 1858 — Civil penalties and permit sanctions

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

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

16 U.S.C. § 1860 — Civil forfeitures

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

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

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

Page 2314 TITLE 16—CONSERVATION § 3603 priate. Chapter 10 of title 5 shall not apply to consultations described in this subsection. (Pub. L. 97–389, title III, § 303, Dec. 29, 1982, 96 Stat. 1952; Pub. L. 98–44, title I, § 102(1), July 12, 1983, 97 Stat. 216; Pub. L. 117–286, § 4(a)(117), Dec. 27, 2022, 136 Stat. 4318.) Editorial Notes AMENDMENTS 2022—Subsec. (d). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App. et seq.)’’. 1983—Subsec. (c). Pub. L. 98–44 substituted ‘‘shall not be considered’’ for ‘‘shall be considered’’. § 3603. Receipt of Organization communications by Secretary of State (a) Concurrence with Secretaries of Commerce and the Interior on regulatory measures; ac- tion on other matters The Secretary of State may— (1) receive, on behalf of the United States, reports, requests, recommendations, pro- posals, and other communications of the Orga- nization and its subsidiary organs; (2) with the concurrence of the Secretary of Commerce and the Secretary of the Interior, approve, object to, or withdraw objections to regulatory measures proposed in accordance with the Convention; and (3) act upon, or refer to other appropriate authority, any communication referred to in paragraph (1) of this subsection other than a proposed regulatory measure. (b) Submission to President on failure of concur- rence on regulatory matters If the concurrence required under subsection (a)(2) of this section has not been obtained by the Secretary of State— (1) regarding the approval of, or the objec- tion to, a proposed regulatory measure within forty-five days after the measure was received on behalf of the United States; or (2) regarding the withdrawal of an objection of the United Sta

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