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 States to a proposed regulatory measure within forty-five days after such withdrawal is proposed by the Secretary of State; the Secretary of State shall submit the matter in disagreement, together with a statement of the opposing positions, to the President for timely disposition. (Pub. L. 97–389, title III, § 304, Dec. 29, 1982, 96 Stat. 1952.) § 3604. Regulations and reports (a) Promulgation of regulations; implementation; applicability The Secretary of Commerce, in cooperation with the Secretary of the Interior and the Sec- retary of the department in which the Coast Guard is operating, shall promulgate such regu- lations pursuant to section 553 of title 5 as may be necessary to carry out the purposes and ob- jectives of the Convention and this chapter, and to implement regulatory measures that are binding on the United States under the Conven- tion. Any such regulation may be made applica- ble, as necessary, to all persons and all vessels subject to the jurisdiction of the United States, wherever located. (b) Preparation and submission of reports by certain Secretaries The Secretary of Commerce, in cooperation with the Secretary of the Interior, shall prepare all statements, reports, and notifications, re- quired by articles 14 and 15 of the Convention and submit such documents to the Secretary of State for transmission to the Organization. (Pub. L. 97–389, title III, § 305, Dec. 29, 1982, 96 Stat. 1953.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 3605. Cooperation with other agencies and in- stitutions (a) Federal and State agencies; private institu- tions In carrying out the provisions of the Conven- tion, the Secretary of Commerce, in consulta- tion with the Secretary of the Interior, may ar- range for the cooperation of agencies of the United States and the States, and of private in- stitutions and organizations. (b) Use of Federal facilities; reimbursement Appropriate agencies of the United States may cooperate in the conduct of scientific and other programs, and may furnish facilities and per- sonnel, for the purposes of assisting the Organi- zation in carrying out its duties under the Con- vention. Such agencies may accept reimburse- ment from the Organization for providing such services, facilities, and personnel. (Pub. L. 97–389, title III, § 306, Dec. 29, 1982, 96 Stat. 1953.) § 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 base- lines 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 Conven- tion or this chapter, or of any regulation pro- mulgated under this chapter. (b) Civil and criminal penalties Any person who commits any act that is un- lawful under subsection (a) of this section shall— 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 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 et seq.] to which section 311(a), (b), (c), and (d) of the Act of 1976 (16 U.S.C. 1861(a), (b), (c), and (d), respectively) apply. (Pub. L. 97–389, title III, § 308, Dec. 29, 1982, 96 Stat. 1953.) Editorial Notes REFERENCES IN TEXT For Act of 1976, referred to in text, see section 3601(1) of this title and References in Text note set out under section 3601 of this title. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 3608. Authorization of appropriations There are authorized to be appropriated from time to time such sums as may be necessary for carrying out the purposes and provisions of the Convention and this chapter including— (1) necessary travel expenses of the Commis- sioners and alternate Commissioners in ac- cordance with the Federal Travel Regulation and sections 5701, 5702, 5704 through 5708, and 5731 of title 5; and (2) the United States contribution to the Or- ganization as provided in Article 16 of the Con- vention, not to exceed $50,000 for fiscal year 1983, and not to exceed, for each succeeding fiscal year, the amount assessed by the Orga- nization for the United States for such year. (Pub. L. 97–389, title III, § 309, Dec. 29, 1982, 96 Stat. 1954.) CHAPTER 56A—PACIFIC SALMON FISHING Sec. 3631. Definitions. 3632. United States Section. 3633. Authority and responsibility. 3634. Interagency cooperation. 3635. Preemption. 3636. Rulemaking. 3637. Prohibited acts and penalties. 3638. General standard. 3639. Advisory committee. 3640. Administrative matters. 3641. Authorization of appropriations. 3642. Disposition of property of International Pa- cific Salmon Fisheries Commission. 3643. Savings provision. 3644. Restriction on spending authority. 3645. Northern and Southern Funds; treaty imple- mentation; additional authorization of ap- propriations. § 3631. Definitions As used in this chapter, unless the context otherwise requires, the term— (a) ‘‘Commission’’ means the Pacific Salmon Commission established by the Treaty; (b) ‘‘enhancement’’ means manmade im- provements to natural habitats, or the appli- cation of artificial fish culture technology, that will lead to the increase of salmon stocks; (c) ‘‘Magnuson Act’’ means the Act entitled ‘‘the Magnuson-Stevens Fishery Conservation and Management Act,’’ as approved April 13, 1976, and as later amended (16 U.S.C. section 1801 et seq.); (d) ‘‘Panel’’ means any of the Panels estab- lished by the Treaty; (e) ‘‘person’’ means any individual (whether or not a citizen or national of the United States), any corporation, partnership, associa- tion, or other entity (whether or not organized or existing under the laws of any State); (f) ‘‘salmon’’ means any anadromous species of the family Salmonidae and genus Oncorhynchus, commonly known as Pacific salmon, including but not limited to: Popular names Scientific name Chinook or King Salmon .................... Oncorhynchus tshawytscha Coho or Silver Salmon Oncorhynchus kisutch