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Title 16 — Conservation

Chapter 32 — Marine Sanctuaries

§ 1436. Prohibited activities

Statutory text

It is unlawful for any person to—

(1)

destroy, cause the loss of, or injure any sanctuary resource managed under law or regulations for that sanctuary;

(2)

possess, sell, offer for sale, purchase, import, export, deliver, carry, transport, or ship by any means any sanctuary resource taken in violation of this section;

(3)

interfere with the enforcement of this chapter by—

(A)

refusing to permit any officer authorized to enforce this chapter to board a vessel, other than a vessel operated by the Department of Defense or United States Coast Guard, subject to such person’s control for the purposes of conducting any search or inspection in connection with the enforcement of this chapter;

(B)

resisting, opposing, impeding, intimidating, harassing, bribing, interfering with, or forcibly assaulting any person authorized by the Secretary to implement this chapter or any such authorized officer in the conduct of any search or inspection performed under this chapter; or

(C)

knowingly and willfully submitting false information to the Secretary or any officer authorized to enforce this chapter in connection with any search or inspection conducted under this chapter; or

(4)

violate any provision of this chapter or any regulation or permit issued pursuant to this chapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Marine Protection, Research, and Sanctuaries Act of 1972

    Pub. L. 92–532 title III § 306 · 86 Stat. 1052

    Enacted · 16 U.S.C. § 1436

    Pub. L. 92–532, title III, § 306, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302

    Source evidence

    Code source credit
    Pub. L. 92–532, title III, § 306, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302

  2. National Marine Sanctuaries Program Amendments Act of 1992

    Pub. L. 102–587 title II § 2106 · 106 Stat. 5039

    Amended · 16 U.S.C. § 1436

    Pub. L. 102–587 amended section generally. Prior to amendment, section read as follows: “The Secretary shall conduct research and educational programs as are necessary and reasonable to carry out the purposes and policies of this chapter.”

    Source evidence

    Code amendment note
    Pub. L. 102–587 amended section generally. Prior to amendment, section read as follows: “The Secretary shall conduct research and educational programs as are necessary and reasonable to carry out the purposes and policies of this chapter.”

    Enacted provision · exact public law section
    SEC. 2106. PROHIBITED ACTIVITIES. Section 306 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1436) is amended to read as follows: “SEC. 306. PROHIBITED ACTIVITIES. “It is unlawful to— “(1) destroy, cause the loss of, or injure any sanctuary resource managed under law or regulations for that sanctuary; “(2) possess, sell, deliver, carry, transport, or ship by any means any sanctuary resource taken in violation of this section; “(3) interfere with the enforcement of this title; or “(4) violate any provision of this title or any regulation or permit issued pursuant to this title.”.

  3. Pub. L. 106–513 § 7(1) · 114 Stat. 2381

    Inserted · 16 U.S.C. § 1436

    Pub. L. 106–513, § 7(1), inserted “for any person” after “unlawful” in introductory provision

    Source evidence

    Code amendment note
    Pub. L. 106–513, § 7(1), inserted “for any person” after “unlawful” in introductory provision.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1) by inserting “for any person” after “unlawful”;

  4. Pub. L. 106–513 § 7(2) · 114 Stat. 2381

    Inserted · 16 U.S.C. § 1436(2)

    Pub. L. 106–513, § 7(2), inserted “offer for sale, purchase, import, export,” after “sell,”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 106–513, § 7(2), inserted “offer for sale, purchase, import, export,” after “sell,”.

    Enacted provision · exact public law section
    (2) in paragraph (2) by inserting “offer for sale, purchase, import, export,” after “sell,”, and

  5. Pub. L. 106–513 § 7(3) · 114 Stat. 2381

    Amended · 16 U.S.C. § 1436(3)

    Pub. L. 106–513, § 7(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “interfere with the enforcement of this chapter; or”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 106–513, § 7(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “interfere with the enforcement of this chapter; or”.

    Enacted provision · exact public law section
    (3) by amending paragraph (3) to read as follows: “(3) interfere with the enforcement of this title by— “(A) refusing to permit any officer authorized to enforce this title to board a vessel, other than a vessel operated by the Department of Defense or United States Coast Guard, subject to such person's control for the purposes of conducting any search or inspection in connection with the enforcement of this title; “(B) resisting, opposing, impeding, intimidating, harassing, bribing, interfering with, or forcibly assaulting any person authorized by the Secretary to implement this title or any such authorized officer in the conduct of any search or inspection performed under this title; or “(C) knowingly and willfully submitting false information to the Secretary or any officer authorized to enforce this title in connection with any search or inspection conducted under this title; or”.

4 of 5 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1992–2000 · 2 rounds

2000

Pub. L. 106–513, § 7(1), inserted “for any person” after “unlawful” in introductory provision.

Par. (2). Pub. L. 106–513, § 7(2), inserted “offer for sale, purchase, import, export,” after “sell,”.

Par. (3). Pub. L. 106–513, § 7(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “interfere with the enforcement of this chapter; or”.

1992

Pub. L. 102–587 amended section generally. Prior to amendment, section read as follows: “The Secretary shall conduct research and educational programs as are necessary and reasonable to carry out the purposes and policies of this chapter.”

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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.

Credits

1984–2000 · 3 acts
  1. 1984Pub. L. 92–532, title III, § 306, as added Pub. L. 98–498, title I, § 102, , 98 Stat. 2302
  2. 1992amended Pub. L. 102–587, title II, § 2106, , 106 Stat. 5043
  3. 2000Pub. L. 106–513, § 7, , 114 Stat. 2386.
Show as published

(Pub. L. 92–532, title III, § 306, as added Pub. L. 98–498, title I, § 102, , 98 Stat. 2302; amended Pub. L. 102–587, title II, § 2106, , 106 Stat. 5043; Pub. L. 106–513, § 7, , 114 Stat. 2386.)

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USLM identifier /us/usc/t16/s1436