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(continued)
application specifies the species to be processed; and
(C) the owner or operator of the vessel submits reports on the
tonnage of fish received from vessels of the United States and
the locations from which such fish were harvested, in accordance
with such procedures as the Secretary by regulation shall
prescribe.

(2) The Governor of a State may not grant permission for a
foreign fishing vessel to engage in fish processing under paragraph
(1) -
(A) for a fishery which occurs in the waters of more than one
State or in the exclusive economic zone, except after -
(i) consulting with the appropriate Council and Marine
Fisheries Commission, and
(ii) considering any comments received from the Governor of
any other State where the fishery occurs; and

(B) if the Governor determines that fish processors within the
State have adequate capacity, and will utilize such capacity, to
process all of the United States harvested fish from the fishery
concerned that are landed in the State.

(3) Nothing in this subsection may be construed as relieving a
foreign fishing vessel from the duty to comply with all applicable
Federal and State laws while operating within the internal waters
of a State incident to permission obtained under paragraph (1)(B).
(4) For purposes of this subsection -
(A) The term "fish processing" includes, in addition to
processing, the performance of any other activity relating to
fishing, including, but not limited to, preparation, supply,
storage, refrigeration, or transportation.
(B) The phrase "internal waters of a State" means all waters
within the boundaries of a State except those seaward of the
baseline from which the territorial sea is measured.
(C) A foreign fishing vessel shall be treated as qualified for
purposes of paragraph (1) if the foreign nation under which it is
flagged will be a party to (i) a governing international fishery
agreement or (ii) a treaty described in section 1821(b) of this
title during the time the vessel will engage in the fish
processing for which permission is sought under paragraph (1)(B).

-SOURCE-
(Pub. L. 94-265, title III, Sec. 306, Apr. 13, 1976, 90 Stat. 355;
Pub. L. 97-191, Sec. 1, June 1, 1982, 96 Stat. 107; Pub. L. 97-453,
Sec. 9, Jan. 12, 1983, 96 Stat. 2491; Pub. L. 98-623, title IV,
Sec. 404(4), Nov. 8, 1984, 98 Stat. 3408; Pub. L. 99-659, title I,
Sec. 101(c)(2), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101-627,
title I, Sec. 112, Nov. 28, 1990, 104 Stat. 4453; Pub. L. 104-297,
title I, Sec. 112(a)-(c), Oct. 11, 1996, 110 Stat. 3595, 3596.)


-MISC1-
AMENDMENTS
1996 - Subsec. (a)(3). Pub. L. 104-297, Sec. 112(a), amended par.
(3) generally. Prior to amendment, par. (3) read as follows:
"Except as otherwise provided by paragraph (2), a State may not
directly or indirectly regulate any fishing vessel outside its
boundaries, unless the vessel is registered under the law of that
State."
Subsec. (b)(3). Pub. L. 104-297, Sec. 112(b), added par. (3).
Subsec. (c)(1)(A). Pub. L. 104-297, Sec. 112(c)(1), substituted
"(4)(C) or has received a permit under section 1824(d) of this
title;" for "(4)(C); and".
Subsec. (c)(1)(C). Pub. L. 104-297, Sec. 112(c)(2), (3), added
subpar. (C).
1990 - Subsec. (c)(1)(B). Pub. L. 101-627, Sec. 112(1), inserted
before period at end "and the application specifies the species to
be processed".
Subsec. (c)(2). Pub. L. 101-627, Sec. 112(2), added par. (2) and
struck out former par. (2) which read as follows: "The Governor of
a State may not grant permission for a foreign fishing vessel to
engage in fish processing under paragraph (1)(B) if he determines
that fish processors within the State have adequate capacity, and
will utilize such capacity, to process all of the United States
harvested fish from the fishery concerned that are landed in the
State."
1986 - Subsec. (b)(1)(A). Pub. L. 99-659 substituted "exclusive
economic zone" for "fishery conservation zone".
1984 - Subsec. (a). Pub. L. 98-623 designated existing provisions
as pars. (1) to (3), in par. (2), as so designated, redesignated
cls. (1) and (2) as subpars. (A) and (B), respectively, and added
subpar. (C), and in par. (3), as so designated, inserted exception
relating to par. (2).
1983 - Subsec. (a). Pub. L. 97-453 inserted provision delineating
the jurisdiction and authority of a State over waters adjacent to
the State and over Nantucket Sound.
1982 - Subsec. (c). Pub. L. 97-191 added subsec. (c).

EFFECTIVE DATE OF 1982 AMENDMENT
Section 3 of Pub. L. 97-191 provided that: "This Act [amending
this section and section 1857 of this title] shall take effect on
June 1, 1982."

AUTHORITY OF STATES OF WASHINGTON, OREGON, AND CALIFORNIA TO MANAGE
DUNGENESS CRAB FISHERY
Pub. L. 105-384, title II, Sec. 203, Nov. 13, 1998, 112 Stat.
3453, as amended by Pub. L. 107-77, title VI, Sec. 624, Nov. 28,
2001, 115 Stat. 803, provided that:
"(a) In General. - Subject to the provisions of this section and
notwithstanding section 306(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1856(a)), each of the
States of Washington, Oregon, and California may adopt and enforce
State laws and regulations governing fishing and processing in the
exclusive economic zone adjacent to that State in any Dungeness
crab (Cancer magister) fishery for which there is no fishery
management plan in effect under that Act [16 U.S.C. 1801 et seq.].
"(b) Requirements for State Management. - Any law or regulation
adopted by a State under this section for a Dungeness crab fishery
-
"(1) except as provided in paragraph (2), shall apply equally
to vessels engaged in the fishery in the exclusive economic zone
and vessels engaged in the fishery in the waters of the State,
and without regard to the State that issued the permit under
which a vessel is operating;
"(2) shall not apply to any fishing by a vessel in exercise of
tribal treaty rights except as provided in United States v.
Washington, D.C. No. CV-70-09213, United States District Court
for the Western District of Washington; and
"(3) shall include any provisions necessary to implement tribal
treaty rights pursuant to the decision in United States v.
Washington, D.C. No. CV-70-09213.
"(c) Limitation on Enforcement of State Limited Access Systems. -
Any law of the State of Washington, Oregon, or California that
establishes or implements a limited access system for a Dungeness
crab fishery may not be enforced against a vessel that is otherwise
legally fishing in the exclusive economic zone adjacent to that
State and that is not registered under the laws of that State,
except a law regulating landings.
"(d) State Permit or Treaty Right Required. - No vessel may
harvest or process Dungeness crab in the exclusive economic zone
adjacent to the State of Washington, Oregon, or California, except
as authorized by a permit issued by any of those States or pursuant
to any tribal treaty rights to Dungeness crab pursuant to the
decision in United States v. Washington, D.C. No. CV-70-09213.
"(e) State Authority Otherwise Preserved. - Except as expressly
provided in this section, nothing in this section reduces the
authority of any State under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) to
regulate fishing, fish processing, or landing of fish.
"(f) Termination of Authority. - The authority of the States of
Washington, Oregon, and California under this section with respect
to a Dungeness crab fishery shall expire on the effective date of a
fishery management plan for the fishery under the Magnuson-Stevens
Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.].
"(g) Repeal. - [Repealed section 112(d) of Pub. L. 104-297, see
below.]
"(h) Definitions. - The definitions set forth in section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1802) shall apply to this section.
"(i) Sunset. - This section shall have no force or effect on and
after September 30, 2006.
"(j) Not later than December 31, 2001, and every 2 years
thereafter, the Pacific State Marine Fisheries Commission shall
submit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Resources of the House of
Representatives a report on the health and management of the
Dungeness Crab fishery located off the coasts of the States of
Washington, Oregon, and California."

Pub. L. 104-297, title I, Sec. 112(d), Oct. 11, 1996, 110 Stat.
3596, as amended by Pub. L. 104-208, div. A, title I, Sec. 101(a)
[title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41,
which provided interim authority to the States of Washington,
Oregon, and California to enforce State laws and regulations
governing fish harvesting and processing against any vessel
operating in the exclusive economic zone off each respective State
in a fishery for Dungeness crab (Cancer magister) for which there
is no fishery management plan implemented under this chapter, was
repealed by Pub. L. 105-384, title II, Sec. 203(g), Nov. 13, 1998,
112 Stat. 3454.

FOREIGN FISH PROCESSING IN NORTON SOUND
Pub. L. 99-509, title V, Sec. 5004, Oct. 21, 1986, 100 Stat.
1912, provided that for purposes of processing pink salmon within
the internal waters of the State of Alaska, the geographic area
bounded on the north by a parallel of latitude of 64 degrees, 23
minutes, on the south by a parallel of latitude of 63 degrees, 51
minutes, on the east by the baseline from which the territorial sea
was measured, and on the west by the outer limit of the territorial
sea, was to be considered to be internal waters of the State of
Alaska for the purposes of subsec. (c)(4)(B) of this section until
Sept. 30, 1993.


-EXEC-
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES
For extension of territorial sea and contiguous zone of United
States, see Proc. No. 5928 and Proc. No. 7219, respectively, set
out as notes under section 1331 of Title 43, Public Lands.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1857 of this title.

-End-



-CITE-
16 USC Sec. 1857 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-
Sec. 1857. Prohibited acts

-STATUTE-
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;
(D) to refuse to permit any officer authorized to enforce the
provisions of this chapter (as provided for in section 1861 of
this title) 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 willfully submit to a Council, the
Secretary, or the Governor of a State false information
(including, but not limited to, false information regarding the
capacity and extent to which a United States fish processor, on
an annual basis, will process a portion of the optimum yield of
a fishery that will be harvested by fishing vessels of the
United States) regarding any matter that the Council,
Secretary, or Governor is considering in the course of carrying
out this chapter;
(J) to ship, transport, offer for sale, sell, or purchase, in
interstate or foreign commerce, any whole live lobster of the
species Homarus americanus, that -
(i) is smaller than the minimum possession size in effect
at the time under the American Lobster Fishery Management
Plan, as implemented by regulations published in part 649 of
title 50, Code of Federal Regulations, or any successor to
that plan implemented under this subchapter, or in the
absence of any such plan, is smaller than the minimum
possession size in effect at the time under a coastal fishery
management plan for American lobster adopted by the Atlantic
States Marine Fisheries Commission under the Atlantic Coastal
Fisheries Cooperative Management Act (16 U.S.C. 5101 et
seq.);
(ii) is bearing eggs attached to its abdominal appendages;
or
(iii) bears evidence of the forcible removal of extruded
eggs from its abdominal appendages;

(K) to to (!1) steal or attempt to steal or to negligently
and without authorization remove, damage, or tamper with -

(i) fishing gear owned by another person, which is located
in the exclusive economic zone, or
(ii) fish contained in such fishing gear;

(L) to forcibly assault, resist, oppose, impede, intimidate,
sexually harass, bribe, or interfere with any observer on a
vessel under this chapter, or any data collector employed by
the National Marine Fisheries Service or under contract to any
person to carry out responsibilities under this chapter;
(M) to engage in large-scale driftnet fishing that is subject
to the jurisdiction of the United States, including use of a
fishing vessel of the United States to engage in such fishing
beyond the exclusive economic zone of any nation;
(N) to strip pollock of its roe and discard the flesh of the
pollock;
(O) to knowingly and willfully fail to disclose, or to
falsely disclose, any financial interest as required under
section 1852(j) of this title, or to knowingly vote on a
Council decision in violation of section 1852(j)(7)(A) of this
title; or
(P)(i) to remove any of the fins of a shark (including the
tail) and discard the carcass of the shark at sea;
(ii) to have custody, control, or possession of any such fin
aboard a fishing vessel without the corresponding carcass; or
(iii) to land any such fin without the corresponding carcass.

For purposes of subparagraph (P) there is a rebuttable
presumption that any shark fins landed from a fishing vessel or
found on board a fishing vessel were taken, held, or landed in
violation of subparagraph (P) if the total weight of shark fins
landed or found on board exceeds 5 percent of the total weight of
shark carcasses landed or found on board.
(2) for any vessel other than a vessel of the United States,
and for the owner or operator of any vessel other than a vessel
of the United States, to engage -
(A) in fishing within the boundaries of any State, except -
(i) recreational fishing permitted under section 1821(i) of
this title;
(ii) fish processing permitted under section 1856(c) of
this title; or
(iii) transshipment at sea of fish or fish products within
the boundaries of any State in accordance with a permit
approved under section 1824(d) of this title;

(B) in fishing, except recreational fishing permitted under
section 1821(i) of this title, within the exclusive economic
zone, or for any anadromous species or Continental Shelf
fishery resources beyond such zone, unless such fishing is
authorized by, and conducted in accordance with, a valid and
applicable permit issued pursuant to section 1824(b), (c), or
(d) of this title; or
(C) except as permitted under section 1856(c) of this title,
in fish processing (as defined in paragraph (4)(A) of such
section) within the internal waters of a State (as defined in
paragraph (4)(B) of such section);

(3) for any vessel of the United States, and for the owner or
operator of any vessel of the United States, to transfer at sea
directly or indirectly, or attempt to so transfer at sea, any
United States harvested fish to any foreign fishing vessel, while
such foreign vessel is within the exclusive economic zone or
within the boundaries of any State except to the extent that the
foreign fishing vessel has been permitted under section 1824(d)
of this title or section 1856(c) of this title to receive such
fish;
(4) for any fishing vessel other than a vessel of the United
States to operate, and for the owner or operator of a fishing
vessel other than a vessel of the United States to operate such
vessel, in the exclusive economic zone or within the boundaries
of any State, if -
(A) all fishing gear on the vessel is not stored below deck
or in an area where it is not normally used, and not readily
available, for fishing; or
(B) all fishing gear on the vessel which is not so stored is
not secured and covered so as to render it unusable for
fishing;

unless such vessel is authorized to engage in fishing in the area
in which the vessel is operating; and
(5) for any vessel of the United States, and for the owner or
operator of any vessel of the United States, to engage in fishing
in the waters of a foreign nation in a manner that violates an
international fishery agreement between that nation and the
United States that has been subject to Congressional oversight in
the manner described in section 1823 of this title, or any
regulations issued to implement such an agreement; except that
the binding provisions of such agreement and implementing
regulations shall have been published in the Federal Register
prior to such violation.

-SOURCE-
(Pub. L. 94-265, title III, Sec. 307, Apr. 13, 1976, 90 Stat. 355;
Pub. L. 95-354, Sec. 5(4), Aug. 28, 1978, 92 Stat. 521; Pub. L.
97-191, Sec. 2, June 1, 1982, 96 Stat. 107; Pub. L. 97-453, Sec.
15(b), Jan. 12, 1983, 96 Stat. 2492; Pub. L. 99-659, title I, Secs.
101(c)(2), 107(a), Nov. 14, 1986, 100 Stat. 3707, 3713; Pub. L.
100-629, Sec. 4, Nov. 7, 1988, 102 Stat. 3286; Pub. L. 101-224,
Sec. 8, Dec. 12, 1989, 103 Stat. 1907; Pub. L. 101-627, title I,
Sec. 113, Nov. 28, 1990, 104 Stat. 4453; Pub. L. 102-251, title
III, Sec. 301(h), Mar. 9, 1992, 106 Stat. 64; Pub. L. 104-297,
title I, Sec. 113, title IV, Sec. 405(b)(1), Oct. 11, 1996, 110
Stat. 3597, 3621; Pub. L. 106-557, Sec. 3, Dec. 21, 2000, 114 Stat.
2772.)


-STATAMEND-
AMENDMENT OF SECTION
Pub. L. 102-251, title III, Secs. 301(h), 308, Mar. 9, 1992, 106
Stat. 64, 66, as amended by Pub. L. 104-297, title IV, Sec.
405(b)(1), Oct. 11, 1996, 110 Stat. 3621, 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 until the date on
which the Agreement enters into force for the United States, this
section is amended:

(1) in paragraph (1)(K), by inserting "or special areas"
immediately after "exclusive economic zone";
(2) in paragraph (2)(B), by inserting "or areas" immediately
after "such zone";
(3) in paragraph (3), by inserting "or special areas" immediately
after "exclusive economic zone"; and
(4) in paragraph (4), by inserting "or special areas" immediately
after "exclusive economic zone".

-REFTEXT-
REFERENCES IN TEXT
The Atlantic Coastal Fisheries Cooperative Management Act,
referred to in par. (1)(J)(i), is title VIII of Pub. L. 103-206,
Dec. 20, 1993, 107 Stat. 2447, as amended, which is classified
principally to chapter 71 (Sec. 5101 et seq.) of this title. For
complete classification of title VIII to the Code, see Short Title
note set out under section 5101 of this title and Tables.


-MISC1-
AMENDMENTS
2000 - Par. (1). Pub. L. 106-557 added subpar. (P) and concluding
provisions.
1996 - Par. (1)(J)(i). Pub. L. 104-297, Sec. 113(a), substituted
"plan implemented" for "plan, implemented" and inserted before
semicolon at end ", or in the absence of any such plan, is smaller
than the minimum possession size in effect at the time under a
coastal fishery management plan for American lobster adopted by the
Atlantic States Marine Fisheries Commission under the Atlantic
Coastal Fisheries Cooperative Management Act (16 U.S.C. 5101 et
seq.)".
Par. (1)(K). Pub. L. 104-297, Sec. 113(b)(2), substituted "gear;"
for "gear," at end of cl. (ii) and struck out concluding provisions
which read as follows: "or to attempt to do so;".
Pub. L. 104-297, Sec. 113(b)(1), which directed substitution of
"to steal or attempt to steal or to negligently and without
authorization" for "knowingly steal or without authorization, to",
was executed by making the substitution for "knowingly steal, or
without authorization, to" to reflect the probable intent of
Congress.
Par. (1)(L). Pub. L. 104-297, Sec. 113(c), amended subpar. (L)
generally. Prior to amendment, subpar. (L) read as follows: "to
forcibly assault, resist, oppose, impede, intimidate, or interfere
with any observer on a vessel under this chapter;".
Par. (1)(O). Pub. L. 104-297, Sec. 113(d), added subpar. (O).
Par. (2)(A). Pub. L. 104-297, Sec. 113(e), amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: "in
fishing within the boundaries of any State, except recreational
fishing permitted under section 1821(j) of this title;".
Par. (2)(B). Pub. L. 104-297, Sec. 113(f), substituted "1821(i)"
for "1821(j)" and "1824(b), (c), or (d)" for "1824(b) or (c)".
Par. (3). Pub. L. 104-297, Sec. 113(g), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: "for any
vessel of the United States, and for the owner or operator of any
vessel of the United States, to transfer directly or indirectly, or
attempt to so transfer, any United States harvested fish to any
foreign fishing vessel, while such foreign vessel is within the
exclusive economic zone, unless the foreign fishing vessel has been
issued a permit under section 1824 of this title which authorizes
the receipt by such vessel of United States harvested fish of the
species concerned;".
Par. (4). Pub. L. 104-297, Sec. 113(h), inserted "or within the
boundaries of any State" after "zone" in introductory provisions.
1990 - Par. (1)(K) to (N). Pub. L. 101-627, Sec. 113(a), added
subpars. (K) to (N).
Par. (5). Pub. L. 101-627, Sec. 113(b), added par. (5).
1989 - Par. (1)(J). Pub. L. 101-224 added subpar. (J).
1988 - Par. (4). Pub. L. 100-629 added par. (4).
1986 - Par. (1)(I). Pub. L. 99-659, Sec. 107(a), added subpar.
(I).
Pars. (2)(B), (3). Pub. L. 99-659, Sec. 101(c)(2), substituted
"exclusive economic zone" for "fishery conservation zone".
1983 - Par. (2)(A). Pub. L. 97-453, Sec. 15(b)(A), substituted
"in fishing within the boundaries of any State, except recreational
fishing permitted under section 1821(j) of this title" for "in
fishing within the boundaries of any State".
Par. (2)(B). Pub. L. 97-453, Sec. 15(b)(B), inserted ", except
recreational fishing permitted under section 1821(j) of this
title," after "in fishing".
1982 - Par. (2). Pub. L. 97-191, Sec. 2(1), struck out "in
fishing" in provisions preceding subpar. (A).
Par. (2)(A). Pub. L. 97-191, Sec. 2(2), inserted "in fishing" at
beginning and struck out "or" at end.
Par. (2)(B). Pub. L. 97-191, Sec. 2(3), inserted "in fishing" at
beginning and substituted "or" for "and" at end.
Par. (2)(C). Pub. L. 97-191, Sec. 2(4), added subpar. (C).
1978 - Par. (3). Pub. L. 95-354 added par. (3).

EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-251 effective on date on which Agreement
between United States and Union of Soviet Socialist Republics on
the Maritime Boundary, signed June 1, 1990, enters into force for
United States, with authority to prescribe implementing regulations
effective Mar. 9, 1992, but with no such regulation to be effective
until date on which Agreement enters into force for United States,
see section 308 of Pub. L. 102-251, set out as a note under section
773 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-191 effective June 1, 1982, see section 3
of Pub. L. 97-191, set out as a note under section 1856 of this
title.

EFFECTIVE DATE
Section 312 of Pub. L. 94-265, provided that this section and
sections 1858 to 1861 of this title were to take effect Mar. 1,
1977, prior to the general amendment of section 312 by Pub. L.
104-297, title I, Sec. 116(a), Oct. 11, 1996, 110 Stat. 3600. See
section 1861a of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 971e, 1821, 1827, 1852,
1853, 1858, 1859, 1860, 1861, 3606, 5103, 5158 of this title.

-FOOTNOTE-
(!1) So in original.


-End-



-CITE-
16 USC Sec. 1858 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-
Sec. 1858. Civil penalties and permit sanctions

-STATUTE-
(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, to have committed an act prohibited by section 1857 of this
title 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) of this section or against whom a permit sanction is
imposed under subsection (g) of this section (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 court a certified copy of the record upon
which such violation was found or such penalty 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 substantial evidence, as provided in section 706(2)
of title 5.
(c) Action upon failure to pay assessment
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 Secretary shall refer the matter to the Attorney
General of the United States, 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.
(d) In rem jurisdiction
A fishing vessel (including its fishing gear, furniture,
appurtenances, stores, and cargo) used in the commission of an act
prohibited by section 1857 of this title shall be liable in rem for
any civil penalty assessed for such violation under this section
and may be proceeded against in any district court of the United
States having jurisdiction thereof. Such penalty shall constitute a
maritime lien on such vessel which may be recovered in an action in
rem in the district court of the United States having jurisdiction
over the vessel.
(e) Compromise or other action by Secretary
The Secretary may compromise, modify, or remit, with or without
conditions, any civil penalty which is subject to imposition or
which has been imposed under this section.
(f) Subpenas
For the purposes of conducting any hearing under this section,
the Secretary may issue subpenas for the attendance and testimony
of witnesses and the production of relevant papers, books, and
documents, and may administer oaths. Witnesses summoned shall be
paid the same fees and mileage that are paid to witnesses in the
courts of the United States. In case of contempt or refusal to obey
a subpena served upon any person pursuant to this subsection, the
district court of the United States for any district in which such
person is found, resides, or transacts business, upon application
by the United States and after notice to such person, shall have
jurisdiction to issue an order requiring such person to appear and
give testimony before the Secretary or to appear and produce
documents before the Secretary, or both, and any failure to obey
such order of the court may be punished by such court as a contempt
thereof.
(g) Permit sanctions
(1) In any case in which (A) a vessel has been used in the
commission of an act prohibited under section 1857 of this title,
(B) the owner or operator of a vessel or any other person who has
been issued or has applied for a permit under this chapter has
acted in violation of section 1857 of this title, (C) any amount in
settlement of a civil forfeiture imposed on a vessel or other
property, or any civil penalty or criminal fine imposed on a vessel
or owner or operator of a vessel or any other person who has been
issued or has applied for a permit under any marine resource law
enforced by the Secretary has not been paid and is overdue, or (D)
any payment required for observer services provided to or
contracted by an owner or operator who has been issued a permit or
applied for a permit under any marine resource law administered by
the Secretary has not been paid and is overdue, the Secretary may -

(i) revoke any permit issued with respect to such vessel or
person, with or without prejudice to the issuance of subsequent
permits;
(ii) suspend such permit for a period of time considered by the
Secretary to be appropriate;
(iii) deny such permit; or
(iv) impose additional conditions and restrictions on any
permit issued to or applied for by such vessel or person under
this chapter and, with respect to foreign fishing vessels, on the
approved application of the foreign nation involved and on any
permit issued under that application.

(2) In imposing a sanction under this subsection, the Secretary
shall take into account -
(A) the nature, circumstances, extent, and gravity of the
prohibited acts for which the sanction is imposed; and
(B) with respect to the violator, the degree of culpability,
any history of prior offenses, and such other matters as justice
may require.

(3) Transfer of ownership of a vessel, by sale or otherwise,
shall not extinguish any permit sanction that is in effect or is
pending at the time of transfer of ownership. Before executing the
transfer of ownership of a vessel, by sale or otherwise, the owner
shall disclose in writing to the prospective transferee the
existence of any permit sanction that will be in effect or pending
with respect to the vessel at the time of the transfer.
(4) In the case of any permit that is suspended under this
subsection for nonpayment of a civil penalty or criminal fine, the
Secretary shall reinstate the permit upon payment of the penalty or
fine and interest thereon at the prevailing rate.
(5) No sanctions shall be imposed under this subsection unless
there has been a prior opportunity for a hearing on the facts
underlying the violation for which the sanction is imposed, either
in conjunction with a civil penalty proceeding under this section
or otherwise.

-SOURCE-
(Pub. L. 94-265, title III, Sec. 308, Apr. 13, 1976, 90 Stat. 356;
Pub. L. 97-453, Sec. 10, Jan. 12, 1983, 96 Stat. 2491; Pub. L.
99-659, title I, Sec. 108, Nov. 14, 1986, 100 Stat. 3713; Pub. L.
101-627, title I, Sec. 114(a), Nov. 28, 1990, 104 Stat. 4454; Pub.
L. 104-297, title I, Sec. 114(a)-(c), Oct. 11, 1996, 110 Stat.
3598, 3599.)


-MISC1-
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-297, Sec. 114(a), struck out
"ability to pay," after "history of prior offenses," and inserted
at end "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."
Subsec. (b). Pub. L. 104-297, Sec. 114(b), amended first sentence
generally. Prior to amendment, first sentence read as follows: "Any
person against whom a civil penalty 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 complaint by certified mail
on the Secretary, the Attorney General and the appropriate United
States Attorney."
Subsec. (g)(1). Pub. L. 104-297, Sec. 114(c), substituted "(C)
any amount in settlement of a civil forfeiture imposed on a vessel
or other property, or any civil penalty or criminal fine imposed on
a vessel or owner or operator of a vessel or any other person who
has been issued or has applied for a permit under any marine
resource law enforced by the Secretary has not been paid and is
overdue, or (D) any payment required for observer services provided
to or contracted by an owner or operator who has been issued a
permit or applied for a permit under any marine resource law
administered by the Secretary has not been paid and is overdue,"
for "or (C) any civil penalty or criminal fine imposed on a vessel
or owner or operator of a vessel or any other person who has been
issued or has applied for a permit under any fishery resource law
statute enforced by the Secretary has not been paid and is
overdue,".
1990 - Pub. L. 101-627, Sec. 114(a)(1), inserted "and permit
sanctions" after "penalties" in section catchline.
Subsec. (a). Pub. L. 101-627, Sec. 114(a)(2), substituted
"$100,000" for "$25,000".
Subsec. (g). Pub. L. 101-627, Sec. 114(a)(3), added subsec. (g).
1986 - Subsec. (b). Pub. L. 99-659, Sec. 108(1), amended first
sentence generally. Prior to amendment, the sentence read as
follows: "Any person against whom a civil penalty is assessed under
subsection (a) of this section may obtain review thereof in the
appropriate court of the United States by filing a notice of appeal
in such court within 30 days from the date of such order and by
simultaneously sending a copy of such notice by certified mail to
the Secretary".
Subsecs. (d) to (f). Pub. L. 99-659, Sec. 108(2), (3), added
subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and
(f), respectively.
1983 - Subsec. (e). Pub. L. 97-453 added subsec. (e).

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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 971e, 1827, 1853, 3606,
3637, 5103, 5106, 5107a, 5154, 5158, 5606 of this title; title 46
App. section 1273a.

-End-



-CITE-
16 USC Sec. 1859 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-
Sec. 1859. Criminal offenses

-STATUTE-
(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.
(b) Punishment
Any offense described in subsection (a)(1) of this section 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 or any officer authorized to
enforce the provisions of this chapter (as provided for in section
1861 of this title), 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) of this section
is punishable by a fine of not more than $200,000.
(c) Jurisdiction
There is Federal jurisdiction over any offense described in this
section.

-SOURCE-
(Pub. L. 94-265, title III, Sec. 309, Apr. 13, 1976, 90 Stat. 357;
Pub. L. 97-453, Sec. 11(a), Jan. 12, 1983, 96 Stat. 2491; Pub. L.
99-659, title I, Sec. 107(b), Nov. 14, 1986, 100 Stat. 3713; Pub.
L. 100-66, Sec. 2, July 10, 1987, 101 Stat. 384; Pub. L. 101-627,
title I, Sec. 115, Nov. 28, 1990, 104 Stat. 4455.)


-MISC1-
AMENDMENTS
1990 - Subsec. (a)(1). Pub. L. 101-627, Sec. 115(a), amended par.
(1) generally, substituting "(I), or (L)" for "or (I)".
Subsec. (b). Pub. L. 101-627, Sec. 115(b), substituted "$100,000"
for "$50,000", substituted "$200,000" for "$100,000" in two places,
and inserted "any observer described in section 1857(1)(L) of this
title or" after "injury to" and "observer or" before "officer in
fear".
1987 - Subsec. (a)(1). Pub. L. 100-66 substituted "(I)" for
"(J)".
1986 - Subsec. (a)(1). Pub. L. 99-659 substituted "(H), or (J)"
for "or (H)".
1983 - Subsec. (b). Pub. L. 97-453 struck out ", or imprisonment
for not more than 1 year, or both" after "subsection (a)(2) of this
section is punishable by a fine of not more than $100,000".

EFFECTIVE DATE OF 1983 AMENDMENT
Section 11(b) of Pub. L. 97-453 provided 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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1853, 3606, 3637, 5103,
5106, 5158, 5606 of this title; title 46 App. section 1273a.

-End-



-CITE-
16 USC Sec. 1860 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-
Sec. 1860. Civil forfeitures

-STATUTE-
(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 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 shall have jurisdiction, upon
application by the Attorney General on behalf of the United States,
to order any forfeiture authorized under subsection (a) of this
section and any action provided for under subsection (d) of this
section.
(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) of this section. The provisions of the customs
laws relating to -
(1) the seizure, forfeiture, and condemnation of property for
violation of the customs law;
(2) the disposition of such property or the proceeds from the
sale thereof; and
(3) the remission or mitigation of any such forfeiture;

shall apply to seizures and forfeitures incurred, or alleged to
have been incurred, under the provisions of this chapter, unless
such provisions are inconsistent with the purposes, policy, and
provisions of this chapter. The duties and powers imposed upon the
Commissioner of Customs or other persons under such provisions
shall, with respect to this chapter, be performed by officers or
other persons designated for such purpose by the Secretary.
(d) Procedure
(1) Any officer authorized to serve any process in rem which is
issued by a court having jurisdiction under section 1861(d) shall -

(A) stay the execution of such process; or
(B) discharge any fish seized pursuant to such process;

upon the receipt of a satisfactory bond or other security from any
person claiming such property. Such bond or other security shall be
conditioned upon such person (i) delivering such property to the
appropriate court upon order thereof, without any impairment of its
value, or (ii) paying the monetary value of such property pursuant
to an order of such court. Judgment shall be recoverable on such
bond or other security against both the principal and any sureties
in the event that any condition thereof is breached, as determined
by such court. Nothing in this paragraph may be construed to
require the Secretary, except in the Secretary's discretion or
pursuant to the order of a court under section 1861(d) of this
title, to release on bond any seized fish or other property or the
proceeds from the sale thereof.
(2) Any fish seized pursuant to this chapter may be sold, subject
to the approval and direction of the appropriate court, for not
less than the fair market value thereof. The proceeds of any such
sale shall be deposited with such court pending the disposition of
the matter involved.
(e) Rebuttable presumptions
(1) For purposes of this section, it shall be a rebuttable
presumption that all fish found on board a fishing vessel which is
seized in connection with an act prohibited by section 1857 of this
title were taken or retained in violation of this chapter.
(2) For purposes of this chapter, it shall be a rebuttable
presumption that any fish of a species which spawns in fresh or
estuarine waters and migrates to ocean waters that is found on
board a vessel is of United States origin if the vessel is within
the migratory range of the species during that part of the year to
which the migratory range applies.
(3) For purposes of this chapter, it shall be a rebuttable
presumption that any vessel that is shoreward of the outer boundary
of the exclusive economic zone of the United States or beyond the
exclusive economic zone of any nation, and that has gear on board
that is capable of use for large-scale driftnet fishing, is engaged
in such fishing.

-SOURCE-
(Pub. L. 94-265, title III, Sec. 310, Apr. 13, 1976, 90 Stat. 357;
Pub. L. 97-453, Sec. 12, Jan. 12, 1983, 96 Stat. 2491; Pub. L.
99-659, title I, Sec. 109(a), Nov. 14, 1986, 100 Stat. 3714; Pub.
L. 101-627, title I, Sec. 116, Nov. 28, 1990, 104 Stat. 4456; Pub.
L. 104-297, title I, Sec. 114(d), Oct. 11, 1996, 110 Stat. 3599.)

-REFTEXT-
REFERENCES IN TEXT
The customs laws, referred to in subsec. (c), are classified
generally to Title 19, Customs Duties.


-MISC1-
AMENDMENTS
1996 - Subsec. (e)(3). Pub. L. 104-297 added par. (3).
1990 - Subsec. (e). Pub. L. 101-627 designated existing
provisions as par. (1) and added par. (2).
1986 - Subsec. (c). Pub. L. 99-659, Sec. 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 property,
"(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 chapter."
Subsec. (d)(1). Pub. L. 99-659, Sec. 109(a)(2), inserted (continued)