Title 16 — Conservation
Chapter 32 — Marine Sanctuaries
§ 1436. Prohibited activities
Statutory text
It is unlawful for any person to—
destroy, cause the loss of, or injure any sanctuary resource managed under law or regulations for that sanctuary;
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;
interfere with the enforcement of this chapter by—
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;
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
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
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.
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. 2302National 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.”.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”;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,”, andPub. 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
- 1984Pub. L. 92–532, title III, § 306, as added Pub. L. 98–498, title I, § 102, , 98 Stat. 2302
- 1992amended Pub. L. 102–587, title II, § 2106, , 106 Stat. 5043
- 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.)