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16 U.S.C. § 1827 — Observer program regarding certain foreign fishing
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** As used in this section—
(1) The term “Act of 1976” means the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.).
(2) The term “billfish” means any species of marlin, spearfish, sailfish or swordfish.
(3) The term “Secretary” means the Secretary of Commerce.
**(b) Observer program** The Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel—
(1) is in waters that are within—
(A) the fishery conservation zone established under section 101 of the Act of 1976 [[16 U.S.C. 1811](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1811&num=0&edition=prelim)],11 See References in Text note below. and
(B) the Convention area as defined in Article I of the International Convention for the Conservation of Atlantic Tunas; and
(2) is taking or attempting to take any species of fish if such taking or attempting to take may result in the incidental taking of billfish.
The Secretary may acquire observers for such program through contract with qualified private persons.
**(c) Functions of observers** United States observers, while aboard foreign fishing vessels as required under subsection (b), shall carry out such scientific and other functions as the Secretary deems necessary or appropriate to carry out this section.
**(d) Fees** There is imposed for each year after 1980 on the owner or operator of each foreign fishing vessel that, in the judgment of the Secretary, will engage in fishing in waters described in subsection (b)(1) during that year which may result in the incidental taking of billfish a fee in
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**(a) Definitions** As used in this section—
(1) The term “Act of 1976” means the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.).
(2) The term “billfish” means any species of marlin, spearfish, sailfish or swordfish.
(3) The term “Secretary” means the Secretary of Commerce.
**(b) Observer program** The Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel—
(1) is in waters that are within—
(A) the fishery conservation zone established under section 101 of the Act of 1976 [[16 U.S.C. 1811](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1811&num=0&edition=prelim)],11 See References in Text note below. and
(B) the Convention area as defined in Article I of the International Convention for the Conservation of Atlantic Tunas; and
(2) is taking or attempting to take any species of fish if such taking or attempting to take may result in the incidental taking of billfish.
The Secretary may acquire observers for such program through contract with qualified private persons.
**(c) Functions of observers** United States observers, while aboard foreign fishing vessels as required under subsection (b), shall carry out such scientific and other functions as the Secretary deems necessary or appropriate to carry out this section.
**(d) Fees** There is imposed for each year after 1980 on the owner or operator of each foreign fishing vessel that, in the judgment of the Secretary, will engage in fishing in waters described in subsection (b)(1) during that year which may result in the incidental taking of billfish a fee in an amount sufficient to cover all of the costs of providing an observer aboard that vessel under the program established under subsection (a). The fees imposed under this subsection for any year shall be paid to the Secretary before that year begins. All fees collected by the Secretary under this subsection shall be deposited in the Fund established by subsection (e).
**(e) Fund** There is established in the Treasury of the United States the Foreign Fishing Observer Fund. The Fund shall be available to the Secretary as a revolving fund for the purpose of carrying out this section. The Fund shall consist of the fees deposited into it as required under subsection (d). All payments made by the Secretary to carry out this section shall be paid from the Fund, only to the extent and in the amounts provided for in advance in appropriation Acts. Sums in the Fund which are not currently needed for the purposes of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.
**(f) Prohibited acts**
(1) It is unlawful for any person who is the owner or operator of a foreign fishing vessel to which this section applies—
(A) to violate any regulation issued under subsection (g);
(B) to refuse to pay the fee imposed under subsection (d) after being requested to do so by the Secretary; or
(C) to refuse to permit an individual who is authorized to act as an observer under this section with respect to that vessel to board the vessel for purposes of carrying out observer functions.
(2) 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)] (relating to civil penalties) applies to any act that is unlawful under paragraph (1), and for purposes of such application the commission of any such act shall be treated as an act the commission of which is unlawful 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)].
**(g) Regulations** The Secretary shall issue such regulations as are necessary or appropriate to carry out this section.
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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
**(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
**(a) In the exclusive economic zone** Except as provided in [section 1812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1812&num=0&edition=prelim), the United States claims, and will exercise in the manner provided for in this chapter, sovereign rights and exclusive fishery management authority over all fish, and all Continental Shelf fishery resources, within the exclusive economic zone.
**(b) Beyond the exclusive economic zone** The United States claims, and will exercise in the manner provided for in this chapter, exclusive fishery management authority over the following:
(1) All anadromous species throughout the migratory range of each such species beyond the exclusive economic zone; except that that management authority does not extend to any such species during the time they are found within any waters of a foreign nation.
(2) All Continental Shelf fishery resources beyond the exclusive economic zone.
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Federal law — U.S. Code and appendices · legal_authorities
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
**(a) Omitted**
**(b) Highly migratory species research and monitoring**
(1) Within 6 months after November 3, 1995, the Secretary of Commerce, in cooperation with the advisory committee established under section 4 of the Atlantic Tunas Convention Act of 1975 ([16 U.S.C. 971b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971b&num=0&edition=prelim)) and in consultation with the United States Commissioners on the International Commission for the Conservation of Atlantic Tunas (referred to elsewhere in this section as the “Commission”) and the Secretary of State, shall develop and implement a comprehensive research and monitoring program to support the conservation and management of Atlantic bluefin tuna and other highly migratory species that shall—
(A) identify and define the range of stocks of highly migratory species in the Atlantic Ocean, including Atlantic bluefin tuna; and
(B) provide for appropriate participation by nations which are members of the Commission.
(2) The program shall provide for, but not be limited to—
(A) statistically designed cooperative tagging studies;
(B) genetic and biochemical stock analyses;
(C) population censuses carried out through aerial surveys of fishing grounds and known migration areas;
(D) adequate observer coverage and port sampling of commercial and recreational fishing activity;
(E) collection of comparable real-time data on commercial and recreational catches and landings through the use of permits, logbooks, landing reports for charter operations and fishing tournaments, and programs to provide reliable reporting of the catch by private anglers;
(F) studies of the life history parameters of Atlantic bluefin tuna and other highly migratory species;
(G) integration of d
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 2005
TITLE 16—CONSERVATION
§ 1812
SUBCHAPTER II—UNITED STATES RIGHTS
AND AUTHORITY REGARDING FISH AND
FISHERY RESOURCES
§ 1811. United States sovereign rights to fish and
fishery management authority
(a) In the exclusive economic zone
Except as provided in section 1812 of this title,
the United States claims, and will exercise in
the manner provided for in this chapter, sov-
ereign rights and exclusive fishery management
authority over all fish, and all Continental Shelf
fishery resources, within the exclusive economic
zone.
(b) Beyond the exclusive economic zone
The United States claims, and will exercise in
the manner provided for in this chapter, exclu-
sive fishery management authority over the fol-
lowing:
(1) All anadromous species throughout the
migratory range of each such species beyond
the exclusive economic zone; except that that
management authority does not extend to any
such species during the time they are found
within any waters of a foreign nation.
(2) All Continental Shelf fishery resources
beyond the exclusive economic zone.
(Pub. L. 94–265, title I, § 101, Apr. 13, 1976, 90 Stat.
336; Pub. L. 99–659, title I, § 101(b), Nov. 14, 1986,
100 Stat. 3706; Pub. L. 101–627, title I, § 102(b),
Nov. 28, 1990, 104 Stat. 4438; Pub. L. 102–251, title
III, § 301(c), Mar. 9, 1992, 106 Stat. 62.)
AMENDMENT OF SECTION
Pub. L. 102–251, title III, §§ 301(c), 308, Mar. 9,
1992, 106 Stat. 62, 66, provided that, effective on
the date on which the Agreement between the
United States and the Union of Soviet Socialist
Republics on the Maritime Boundary, signed
June 1, 1990, enters into force for the United
States, with authority to prescribe implementing
regulations effective Mar. 9, 1992, but with no
such regulation to be effective
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Federal law — U.S. Code and appendices · legal_authorities
Page 2043
TITLE 16—CONSERVATION
§ 1827
1 See References in Text note below.
Subsec. (e)(1). Pub. L. 117–263, § 11338(d), added par. (1)
and struck out former par. (1) which read as follows:
‘‘means non-target fish, sea turtles, or marine mam-
mals that are protected under United States law or
international agreement, including the Marine Mam-
mal Protection Act, the Endangered Species Act, the
Shark Finning Prohibition Act, and the Convention on
International Trade in Endangered Species of Wild
Flora and Fauna; but’’.
2016—Subsec. (a)(2)(A). Pub. L. 114–327 substituted ‘‘3
years’’ for ‘‘calendar year’’.
2015—Subsec. (a)(1)(A). Pub. L. 114–81, § 101(g)(3),
(i)(5)(A), substituted ‘‘3 years’’ for ‘‘calendar year’’ and
‘‘practices—’’ for ‘‘practices;’’ in introductory provi-
sions.
Subsec. (b)(1). Pub. L. 114–81, § 101(d), amended par. (1)
generally. Prior to amendment, text read as follows:
‘‘notify, as soon as possible, other nations whose ves-
sels engage in fishing activities or practices described
in subsection (a), about the provisions of sections 1826d
to 1826k of this title;’’.
Subsec. (c)(4). Pub. L. 114–81, § 101(i)(5)(B), added in-
troductory provisions and subpar. (A) and struck out
former introductory provisions and subpar. (A) which
related to alternative procedure for certification of fish
or fish products from a vessel of a harvesting nation
not certified under paragraph (3).
Subsec. (c)(5). Pub. L. 114–81, § 101(f), struck out ‘‘that
has not been certified by the Secretary under this sub-
section, or’’ after ‘‘subsection (a)’’.
2011—Subsec. (a). Pub. L. 111–348, § 102(c)(1)(A), struck
out ‘‘, a nation if’’ after ‘‘section 1826h of this title’’ in
introductory provisions.
Pub. L. 111–348, § 102(c)(1)(B)–(G), redesignated pars.
(1
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Federal law — U.S. Code and appendices · legal_authorities
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
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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