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119th Congress

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119th Congress

Title 16 — Conservation

Chapter 38 — Fishery Conservation and Management

§ 1857. Prohibited acts

Statutory text

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, unless such large-scale driftnet fishing—

(i)

deploys, within the exclusive economic zone, a net with a total length of less than two and one-half kilometers and a mesh size of 14 inches or greater; and

(ii)

is conducted within 5 years of ;

(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;

(P)
(i)

to remove any of the fins of a shark (including the tail) at sea;

(ii)

to have custody, control, or possession of any such fin aboard a fishing vessel unless it is naturally attached to the corresponding carcass;

(iii)

to transfer any such fin from one vessel to another vessel at sea, or to receive any such fin in such transfer, without the fin naturally attached to the corresponding carcass; or

(iv)

to land any such fin that is not naturally attached to the corresponding carcass, or to land any shark carcass without such fins naturally attached;

(Q)

to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any fish taken, possessed, transported, or sold in violation of any foreign law or regulation or any treaty or in contravention of any binding conservation measure adopted by an international agreement or organization to which the United States is a party; or

(R)

to use any fishing vessel to engage in fishing in Federal or State waters, or on the high seas or in the waters of another country, after the Secretary has made a payment to the owner of that fishing vessel under section 1861a(b)(2) of this title.

For purposes of subparagraph (P), there shall be a rebuttable presumption that if any shark fin (including the tail) is found aboard a vessel, other than a fishing vessel, without being naturally attached to the corresponding carcass, such fin was transferred in violation of subparagraph (P)(iii) or that if, after landing, the total weight of shark fins (including the tail) landed from any vessel exceeds five percent of the total weight of shark carcasses landed, such fins were taken, held, or landed in violation of subparagraph (P). In such subparagraph, the term “naturally attached”, with respect to a shark fin, means attached to the corresponding shark carcass through some portion of uncut skin.

(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.

Footnotes

  1. 1 So in original.

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. Fishery Conservation and Management Act of 1976

    Pub. L. 94–265 title III § 307 · 90 Stat. 331

    Enacted · 16 U.S.C. § 1857

    Pub. L. 94–265, title III, § 307, Apr. 13, 1976, 90 Stat. 355

    Source evidence

    Code source credit
    Pub. L. 94–265, title III, § 307, Apr. 13, 1976, 90 Stat. 355

    Enacted provision · exact public law section
    SEC. 307. PROHIBITED ACTS. It is unlawful— 16 USC 1857. (1) for any person— (A) to violate any provision of this Act or any regulation or permit issued pursuant to this Act; (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 Act; (C) to violate any provision of, or regulation under, an applicable governing international fishery agreement entered into pursuant to section 201 (c); (D) to refuse to permit any officer authorized to enforce the provisions of this Act (as provided for in section 311) 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 Act or any regulation, permit, or agreement referred to in subparagraph (A) or (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 Act or any regulation, permit, or agreement referred to in subparagraph (A) or (C); or (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; and (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 in fishing— (A) within the boundaries of any State; or (B) within the fishery conservation 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 204 (b) or (c).

  2. Pub. L. 95–354 § 5(4) · 92 Stat. 519

    Added · 16 U.S.C. § 1857(3)

    Pub. L. 95–354 added par. (3)

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 95–354 added par. (3).

    Enacted provision · exact public law section
    (4) Section 307 is amended— 16 USC 1857. (A) by striking out “and” at the end of paragraph (1)(H); (B) by striking out the period at the end of paragraph (2) and inserting in lieu thereof “; and”; and (C) by adding at the end thereof the following new paragraph: “(3) 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 fishery conservation zone, unless the foreign fishing vessel has been issued a permit under section 204 which authorizes 16 USC 1824. the receipt by such vessel of United States harvested fish of the species concerned.”.

  3. Pub. L. 97–191 § 2(1) · 96 Stat. 107

    Struck · 16 U.S.C. § 1857(2)

    Pub. L. 97–191, § 2(1), struck out “in fishing” in provisions preceding subpar. (A)

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 97–191, § 2(1), struck out “in fishing” in provisions preceding subpar. (A).

    Enacted provision · exact public law section
    (1) by striking out “in fishing—” and inserting in lieu thereof a hyphen;

  4. Pub. L. 97–191 § 2(2) · 96 Stat. 107

    1. Inserted · 16 U.S.C. § 1857(2)(A)

      Pub. L. 97–191, § 2(2), inserted “in fishing” at beginning

    2. Struck · 16 U.S.C. § 1857(2)(A)

      Pub. L. 97–191, § 2(2), struck out “or” at end

    Source evidence

    Code amendment note
    Par. (2)(A). Pub. L. 97–191, § 2(2), inserted “in fishing” at beginning and struck out “or” at end.

    Enacted provision · exact public law section
    (2) by amending subparagraph (A) by inserting “in fishing” immediately after “(A)”, and by striking out “or”;

  5. Pub. L. 97–191 § 2(3) · 96 Stat. 107

    1. Inserted · 16 U.S.C. § 1857(2)(B)

      Pub. L. 97–191, § 2(3), inserted “in fishing” at beginning

    2. Substituted · 16 U.S.C. § 1857(2)(B)

      Pub. L. 97–191, § 2(3), substituted “or” for “and” at end

    Source evidence

    Code amendment note
    Par. (2)(B). Pub. L. 97–191, § 2(3), inserted “in fishing” at beginning and substituted “or” for “and” at end.

    Enacted provision · exact public law section
    (3) by amending subparagraph (B) by inserting “in fishing” immediately after “(B)”, and by striking out “and” after the semicolon and inserting in lieu thereof “or”; and

  6. Pub. L. 97–191 § 2(4) · 96 Stat. 107

    Added · 16 U.S.C. § 1857(2)(C)

    Pub. L. 97–191, § 2(4), added subpar. (C)

    Source evidence

    Code amendment note
    Par. (2)(C). Pub. L. 97–191, § 2(4), added subpar. (C).

    Enacted provision · exact public law section
    (4) by adding at the end thereof the following new subparagraph: “(C) except as permitted under section 306(c), 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); and”.

  7. Pub. L. 97–453 § 15(b)(A) · 96 Stat. 2481

    Substituted · 16 U.S.C. § 1857(2)(A)

    Pub. L. 97–453, § 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”

    Source evidence

    Code amendment note
    Par. (2)(A). Pub. L. 97–453, § 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”.

    Enacted provision · exact public law section
    (A) by amending subparagraph (A) to read as follows: “(A) in fishing within the boundaries of any State, except Ante, p. 2481. recreational fishing permitted under section 201(j);”; and

  8. Pub. L. 97–453 § 15(b)(B) · 96 Stat. 2481

    Inserted · 16 U.S.C. § 1857(2)(B)

    Pub. L. 97–453, § 15(b)(B), inserted “, except recreational fishing permitted under section 1821(j) of this title,” after “in fishing”

    Source evidence

    Code amendment note
    Par. (2)(B). Pub. L. 97–453, § 15(b)(B), inserted “, except recreational fishing permitted under section 1821(j) of this title,” after “in fishing”.

    Enacted provision · exact public law section
    (B) by striking out “in fishing” in subparagraph (B) and Ante, p. 107. inserting in lieu thereof “in fishing, except recreational fishing permitted under section 201(j),”.

  9. Pub. L. 99–659 § 107(a) · 100 Stat. 3706

    Added · 16 U.S.C. § 1857(1)(I)

    Pub. L. 99–659, § 107(a), added subpar. (I)

    Source evidence

    Code amendment note
    Par. (1)(I). Pub. L. 99–659, § 107(a), added subpar. (I).

    Enacted provision · exact public law section
    (a) Knowing and Willful Submission.— Paragraph (1) of section 307 of the Act (16 U.S.C. 1857(1)) is amended— (1) by striking out “or” at the end of subparagraph (G); (2) by inserting “or” after the semicolon at the end of subparagraph (H); and (3) by adding at the end thereof the following new subparagraph: “(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 Act.”.

  10. Pub. L. 99–659 § 101(c)(2) · 100 Stat. 3706

    Substituted · 16 U.S.C. § 1857(2)(B); 16 U.S.C. § 1857(2)(3)

    Pub. L. 99–659, § 101(c)(2), substituted “exclusive economic zone” for “fishery conservation zone”

    Source evidence

    Code amendment note
    Pars. (2)(B), (3). Pub. L. 99–659, § 101(c)(2), substituted “exclusive economic zone” for “fishery conservation zone”.

    Enacted provision · exact public law section
    (2) by striking out “fishery conservation zone” each place it appears therein and inserting “exclusive economic zone”; and

  11. Pub. L. 100–629 § 4 · 102 Stat. 3286

    Added · 16 U.S.C. § 1857(4)

    Pub. L. 100–629 added par. (4)

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 100–629 added par. (4).

  12. National Oceanic and Atmospheric Administration Ocean and Coastal Programs Authorization Act of 1989

    Pub. L. 101–224 § 8 · 103 Stat. 1905

    Added · 16 U.S.C. § 1857(1)(J)

    Pub. L. 101–224 added subpar. (J)

    Source evidence

    Code amendment note
    Par. (1)(J). Pub. L. 101–224 added subpar. (J).

    Enacted provision · exact public law section
    SEC. 8. LOBSTER CONSERVATION. Section 307(1) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1857(1)) is amended— (1) in subparagraph (H) by striking “or” at the end; (2) in subparagraph (I) by striking the period at the end and inserting in lieu thereof “; or”; and (3) by adding at the end the following new subparagraph: “(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 title; “(ii) is bearing eggs attached to its abdominal appendages; or “(iii) bears evidence of the forcible removal of extruded eggs from its abdominal appendages.”.

  13. Pub. L. 101–627 § 113(a) · 104 Stat. 4436

    Added · 16 U.S.C. § 1857(1)(K)(N)

    Pub. L. 101–627, § 113(a), added subpars. (K) to (N)

    Source evidence

    Code amendment note
    Par. (1)(K) to (N). Pub. L. 101–627, § 113(a), added subpars. (K) to (N).

    Enacted provision · exact public law section
    (a) Prohibitions With Respect to Theft, Assault, and Large-Scale Driftnet Fishing.— Section 307(1) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1857(1)) is amended— (1) by striking “or” at the end of subparagraph (I); (2) by striking the period at the end of subparagraph (J) and inserting in lieu thereof a semicolon; and (3) by adding at the end the following new subparagraphs: “(K) to knowingly steal, or without authorization, to 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, or to attempt to do so; “(L) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any observer on a vessel under this Act; “(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; or “(N) to strip pollock of its roe and discard the flesh of the pollock.”.

  14. Pub. L. 101–627 § 113(b) · 104 Stat. 4436

    Added · 16 U.S.C. § 1857(5)

    Pub. L. 101–627, § 113(b), added par. (5)

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 101–627, § 113(b), added par. (5).

    Enacted provision · exact public law section
    (b) Violation of International Fishery Agreement.— Section 307 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1857) is amended— (1) in paragraph (3) by striking and” and inserting in lieu thereof a semicolon; (2) in paragraph (4) by striking the period at the end and inserting in lieu thereof “; and;” and (3) by adding at the end the following new paragraph: “(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 203, 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.”.

  15. Sustainable Fisheries Act

    Pub. L. 104–297 § 113(a) · 110 Stat. 3559

    1. Substituted · 16 U.S.C. § 1857(1)(J)(i)

      Pub. L. 104–297, § 113(a), substituted “plan implemented” for “plan, implemented”

    2. Inserted · 16 U.S.C. § 1857(1)(J)(i)

      Pub. L. 104–297, § 113(a), 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.)”

    Source evidence

    Code amendment note
    Par. (1)(J)(i). Pub. L. 104–297, § 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.)”.

    Enacted provision · exact public law section
    (a) Section 307(1)(J)(i) (16 U.S.C. 1857(1)(J)(i)) is amended— (1) by striking “plan,” and inserting “plan”; and (2) by inserting before the semicolon the following: “, 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.)”.

  16. Sustainable Fisheries Act

    Pub. L. 104–297 § 113(b)(2) · 110 Stat. 3559

    1. Substituted · 16 U.S.C. § 1857(1)(K)

      Pub. L. 104–297, § 113(b)(2), substituted “gear;” for “gear,” at end of cl. (ii)

    2. Struck · 16 U.S.C. § 1857(1)(K)

      Pub. L. 104–297, § 113(b)(2), struck out concluding provisions which read as follows: “or to attempt to do so;”

    Source evidence

    Code amendment note
    Par. (1)(K). Pub. L. 104–297, § 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;”.

    Enacted provision · exact public law section
    (2) by striking “gear, or attempt to do so;” and insert

  17. Sustainable Fisheries Act

    Pub. L. 104–297 § 113(b)(1) · 110 Stat. 3559

    Substituted · 16 U.S.C. § 1857(1)(K)

    Pub. L. 104–297, § 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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–297, § 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.

    Enacted provision · exact public law section
    (1) by striking “knowingly steal or without authorization, to” and inserting “to steal or attempt to steal or to negligently and without authorization”; and

  18. Sustainable Fisheries Act

    Pub. L. 104–297 § 113(c) · 110 Stat. 3559

    Amended · 16 U.S.C. § 1857(1)(L)

    Pub. L. 104–297, § 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;”

    Source evidence

    Code amendment note
    Par. (1)(L). Pub. L. 104–297, § 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;”.

    Enacted provision · exact public law section
    (c) Section 307(1)(L) (16 U.S.C. 1857(1)(L)) is amended to read as follows: “(L) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel under this Act, or any data collector employed by the National Marine Fisheries Service or under contract to any person to carry out responsibilities under this Act;”.

  19. Sustainable Fisheries Act

    Pub. L. 104–297 § 113(d) · 110 Stat. 3559

    Added · 16 U.S.C. § 1857(1)(O)

    Pub. L. 104–297, § 113(d), added subpar. (O)

    Source evidence

    Code amendment note
    Par. (1)(O). Pub. L. 104–297, § 113(d), added subpar. (O).

    Enacted provision · exact public law section
    (d) Section 307(1) (16 U.S.C. 1857(1)) is amended— (1) by striking “or” at the end of subparagraph (M); (2) by striking “pollock.” in subparagraph (N) and inserting “pollock; or”; and (3) by adding at the end the following: “(O) to knowingly and willfully fail to disclose, or to falsely disclose, any financial interest as required under section 302(j), or to knowingly vote on a Council decision in violation of section 302(j)(7)(A).”.

  20. Sustainable Fisheries Act

    Pub. L. 104–297 § 113(e) · 110 Stat. 3559

    Amended · 16 U.S.C. § 1857(2)(A)

    Pub. L. 104–297, § 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;”

    Source evidence

    Code amendment note
    Par. (2)(A). Pub. L. 104–297, § 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;”.

    Enacted provision · exact public law section
    (e) Section 307(2)(A) (16 U.S.C. 1857(2)(A)) is amended to read as follows: “(A) in fishing within the boundaries of any State, except— “(i) recreational fishing permitted under section 201(i); “(ii) fish processing permitted under section 306(c); or “(iii) transshipment at sea of fish or fish products within the boundaries of any State in accordance with a permit approved under section 204(d);”.

  21. Sustainable Fisheries Act

    Pub. L. 104–297 § 113(f) · 110 Stat. 3559

    1. Substituted · 16 U.S.C. § 1857(2)(B)

      Pub. L. 104–297, § 113(f), substituted “1821(i)” for “1821(j)”

    2. Substituted · 16 U.S.C. § 1857(2)(B)

      Pub. L. 104–297, § 113(f), substituted “1824(b), (c), or (d)” for “1824(b) or (c)”

    Source evidence

    Code amendment note
    Par. (2)(B). Pub. L. 104–297, § 113(f), substituted “1821(i)” for “1821(j)” and “1824(b), (c), or (d)” for “1824(b) or (c)”.

    Enacted provision · exact public law section
    (f) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is amended— (1) by striking “(j)” and inserting “(i)”; and (2) by striking “204(b) or (c)” and inserting “204(b), (c), or(d)”

  22. Sustainable Fisheries Act

    Pub. L. 104–297 § 113(g) · 110 Stat. 3559

    Amended · 16 U.S.C. § 1857(3)

    Pub. L. 104–297, § 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;”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 104–297, § 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;”.

    Enacted provision · exact public law section
    (g) Section 307(3) (16 U.S.C. 1857(3)) is amended to read as follows: “(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 204(d) or section 306(c) to receive such fish;”.

  23. Sustainable Fisheries Act

    Pub. L. 104–297 § 113(h) · 110 Stat. 3559

    Inserted · 16 U.S.C. § 1857(4)

    Pub. L. 104–297, § 113(h), inserted “or within the boundaries of any State” after “zone” in introductory provisions

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 104–297, § 113(h), inserted “or within the boundaries of any State” after “zone” in introductory provisions.

    Enacted provision · exact public law section
    (h) Section 307(4) (16 U.S.C. 1857(4)) is amended by inserting “or within the boundaries of any State” after “zone”.

  24. Shark Finning Prohibition Act

    Pub. L. 106–557 § 3 · 114 Stat. 2772

    Added · 16 U.S.C. § 1857(1)

    Pub. L. 106–557 added subpar. (P) and concluding provisions

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 106–557 added subpar. (P) and concluding provisions.

    Enacted provision · exact public law section
    SEC. 3. PROHIBITION ON REMOVING SHARK FIN AND DISCARDING SHARK CARCASS AT SEA. Section 307(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)) is amended— (1) by striking “or” after the semicolon in subparagraph (N); (2) by striking “section 302(j)(7)(A).” in subparagraph (O) and inserting “section 302(j)(7)(A); or”; and (3) by adding at the end the following: “(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.”.

  25. Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006

    Pub. L. 109–479 title I § 118 · 120 Stat. 3575

    Added · 16 U.S.C. § 1857(1)(Q); 16 U.S.C. § 1857(1)(R)

    Pub. L. 109–479 added subpars. (Q) and (R)

    Source evidence

    Code amendment note
    Par. (1)(Q), (R). Pub. L. 109–479 added subpars. (Q) and (R).

    Enacted provision · exact public law section
    SEC. 118. PROHIBITED ACTS.   Section 307(1) (16 U.S.C. 1857(1)) is amended— (1) by striking “or” after the semicolon in subparagraph (O); (2) by striking “carcass.” in subparagraph (P) and inserting “carcass;”; and (3) by inserting after subparagraph (P) and before the last sentence the following: “(Q) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any fish taken, possessed, transported, or sold in violation of any foreign law or regulation; or “(R) to use any fishing vessel to engage in fishing in Federal or State waters, or on the high seas or in the waters of another country, after the Secretary has made a payment to the owner of that fishing vessel under section 312(b)(2).” .

  26. Shark Conservation Act of 2010

    Pub. L. 111–348 § 103(a)(2) · 124 Stat. 3668

    Substituted · 16 U.S.C. § 1857(1)

    Pub. L. 111–348, § 103(a)(2), substituted “For purposes of subparagraph (P), there shall be a rebuttable presumption that if any shark fin (including the tail) is found aboard a vessel, other than a fishing vessel, without being naturally attached to the corresponding carcass, such fin was transferred in violation of subparagraph (P)(iii) or that if, after landing, the total weight of shark fins (including the tail) landed from any vessel exceeds five percent of the total weight of shark carcasses landed, such fins were taken, held, or landed in violation of subparagraph (P). In such subparagraph, the term ‘naturally attached’, with respect to a shark fin, means attached to the corresponding shark carcass through some portion of uncut skin.” for “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.” in concluding provisions

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 111–348, § 103(a)(2), substituted “For purposes of subparagraph (P), there shall be a rebuttable presumption that if any shark fin (including the tail) is found aboard a vessel, other than a fishing vessel, without being naturally attached to the corresponding carcass, such fin was transferred in violation of subparagraph (P)(iii) or that if, after landing, the total weight of shark fins (including the tail) landed from any vessel exceeds five percent of the total weight of shark carcasses landed, such fins were taken, held, or landed in violation of subparagraph (P). In such subparagraph, the term ‘naturally attached’, with respect to a shark fin, means attached to the corresponding shark carcass through some portion of uncut skin.” for “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.” in concluding provisions.

    Enacted provision · exact public law section
    (2) by striking the matter following subparagraph (R) and inserting the following: “For purposes of subparagraph (P), there shall be a rebuttable presumption that if any shark fin (including the tail) is found aboard a vessel, other than a fishing vessel, without being naturally attached to the corresponding carcass, such fin was transferred in violation of subparagraph (P)(iii) or that if, after landing, the total weight of shark fins (including the tail) landed from any vessel exceeds five percent of the total weight of shark carcasses landed, such fins were taken, held, or landed in violation of subparagraph (P). Definition. In such subparagraph, the term ‘naturally attached’, with respect to a shark fin, means attached to the corresponding shark carcass through some portion of uncut skin.” .

  27. Shark Conservation Act of 2010

    Pub. L. 111–348 § 103(a)(1) · 124 Stat. 3668

    Amended · 16 U.S.C. § 1857(1)(P)

    Pub. L. 111–348, § 103(a)(1), amended subpar. (P) generally. Prior to amendment, subpar. (P) read as follows:

    Source evidence

    Code amendment note
    Par. (1)(P). Pub. L. 111–348, § 103(a)(1), amended subpar. (P) generally. Prior to amendment, subpar. (P) read as follows:

    “(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;”.

    Enacted provision · exact public law section
    (1) by amending subparagraph (P) to read as follows: “(P) (i) to remove any of the fins of a shark (including the tail) at sea; “(ii) to have custody, control, or possession of any such fin aboard a fishing vessel unless it is naturally attached to the corresponding carcass; “(iii) to transfer any such fin from one vessel to another vessel at sea, or to receive any such fin in such transfer, without the fin naturally attached to the corresponding carcass; or “(iv) to land any such fin that is not naturally attached to the corresponding carcass, or to land any shark carcass without such fins naturally attached;” ; and

  28. Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015

    Pub. L. 114–81 title I § 112 · 129 Stat. 649

    Inserted · 16 U.S.C. § 1857(1)(Q)

    Pub. L. 114–81 inserted before the semicolon “or any treaty or in contravention of any binding conservation measure adopted by an international agreement or organization to which the United States is a party”

    Source evidence

    Code amendment note
    Par. (1)(Q). Pub. L. 114–81 inserted before the semicolon “or any treaty or in contravention of any binding conservation measure adopted by an international agreement or organization to which the United States is a party”.

    Enacted provision · exact public law section
    SEC. 112. AMENDMENT TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.   Section 307(1)(Q) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(Q)) is amended by inserting before the semicolon the following: “or any treaty or in contravention of any binding conservation measure adopted by an international agreement or organization to which the United States is a party”.

  29. Department of Commerce Appropriations Act, 2023

    Pub. L. 117–328 div. S title I § 105 · 136 Stat. 4459

    Inserted · 16 U.S.C. § 1857(1)(M)

    Pub. L. 117–328 inserted before semicolon at end “, unless such large-scale driftnet fishing—

    Source evidence

    Code amendment note
    Par. (1)(M). Pub. L. 117–328 inserted before semicolon at end “, unless such large-scale driftnet fishing—

    “(i) deploys, within the exclusive economic zone, a net with a total length of less than two and one-half kilometers and a mesh size of 14 inches or greater; and “(ii) is conducted within 5 years of December 29, 2022”.

    Enacted provision · exact public law section
    Sec. 105. Notwithstanding any other provision of law, the Secretary of Commerce may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services.

33 of 34 references resolved to an enrolled provision · 1 partial

Notes

Amendment of Section

Pub. L. 102–251, title III, §§ 301(h), 308, , 106 Stat. 64, 66, as amended by Pub. L. 104–297, title IV, § 405(b)(1), , 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 , enters into force for the United States, with authority to prescribe implementing regulations effective , 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”.

Editorial Notes

References in Text

This chapter, referred to in par. (1), was in the original “this Act”, meaning Pub. L. 94–265, , 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

The Atlantic Coastal Fisheries Cooperative Management Act, referred to in par. (1)(J)(i), is title VIII of Pub. L. 103–206, , 107 Stat. 2447, which is classified principally to chapter 71 (§ 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.

Amendments1978–2022 · 13 rounds

2022

Par. (1)(M). Pub. L. 117–328 inserted before semicolon at end “, unless such large-scale driftnet fishing—

“(i) deploys, within the exclusive economic zone, a net with a total length of less than two and one-half kilometers and a mesh size of 14 inches or greater; and

“(ii) is conducted within 5 years of ”.

2015

Par. (1)(Q). Pub. L. 114–81 inserted before the semicolon “or any treaty or in contravention of any binding conservation measure adopted by an international agreement or organization to which the United States is a party”.

2011

Par. (1). Pub. L. 111–348, § 103(a)(2), substituted “For purposes of subparagraph (P), there shall be a rebuttable presumption that if any shark fin (including the tail) is found aboard a vessel, other than a fishing vessel, without being naturally attached to the corresponding carcass, such fin was transferred in violation of subparagraph (P)(iii) or that if, after landing, the total weight of shark fins (including the tail) landed from any vessel exceeds five percent of the total weight of shark carcasses landed, such fins were taken, held, or landed in violation of subparagraph (P). In such subparagraph, the term ‘naturally attached’, with respect to a shark fin, means attached to the corresponding shark carcass through some portion of uncut skin.” for “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.” in concluding provisions.

Par. (1)(P). Pub. L. 111–348, § 103(a)(1), amended subpar. (P) generally. Prior to amendment, subpar. (P) read as follows:

“(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;”.

2007

Par. (1)(Q), (R). Pub. L. 109–479 added subpars. (Q) and (R).

2000

Par. (1). Pub. L. 106–557 added subpar. (P) and concluding provisions.

1996

Par. (1)(J)(i). Pub. L. 104–297, § 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, § 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, § 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, § 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, § 113(d), added subpar. (O).

Par. (2)(A). Pub. L. 104–297, § 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, § 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, § 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, § 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, § 113(a), added subpars. (K) to (N).

Par. (5). Pub. L. 101–627, § 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, § 107(a), added subpar. (I).

Pars. (2)(B), (3). Pub. L. 99–659, § 101(c)(2), substituted “exclusive economic zone” for “fishery conservation zone”.

1983

Par. (2)(A). Pub. L. 97–453, § 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, § 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, § 2(1), struck out “in fishing” in provisions preceding subpar. (A).

Par. (2)(A). Pub. L. 97–191, § 2(2), inserted “in fishing” at beginning and struck out “or” at end.

Par. (2)(B). Pub. L. 97–191, § 2(3), inserted “in fishing” at beginning and substituted “or” for “and” at end.

Par. (2)(C). Pub. L. 97–191, § 2(4), added subpar. (C).

1978

Par. (3). Pub. L. 95–354 added par. (3).

Statutory Notes and Related Subsidiaries

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 , enters into force for United States, with authority to prescribe implementing regulations effective , 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 , see section 3 of Pub. L. 97–191, set out as a note under section 1856 of this title.

Effective Date

Pub. L. 94–265, title III, § 312, , 90 Stat. 359, provided that this section and sections 1858 to 1861 of this title were to take effect , prior to the general amendment of section 312 by Pub. L. 104–297, title I, § 116(a), , 110 Stat. 3600. See section 1861a of this title.

Savings Clause

Pub. L. 111–348, title I, § 103(b), , 124 Stat. 3670, provided that:

“(1)

In general.—

The amendments made by subsection (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 diminishing 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 as a note under section 1826i of this title.

Prohibition on Sale of Shark Fins

Pub. L. 117–263, div. E, title LIX, § 5946(b), , 136 Stat. 3475, provided that:

“(1)

Prohibition.—

Except as provided in paragraph (3), no person shall possess, acquire, receive, transport, offer for sale, sell, or purchase a shark fin or a product containing a shark fin.

“(2)

Penalty.—

A violation of paragraph (1) shall be treated as an act prohibited by section 307 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) and shall be penalized pursuant to section 308 of that Act (16 U.S.C. 1858).

“(3)

Exceptions.—

A person may possess a shark fin that was taken lawfully pursuant to a Federal, State, or territorial license or permit to take or land sharks if the shark fin was separated after the first point of landing in a manner consistent with the license or permit and is—

“(A)

destroyed or disposed of immediately upon separation from the carcass;

“(B)

used for noncommercial subsistence purposes in accordance with Federal, State, or territorial law; or

“(C)

used solely for display or research purposes by a museum, college, or university pursuant to a Federal, State, or territorial permit to conduct noncommercial scientific research.

“(4)

Dogfish exemption.—

“(A)

In general.—

It shall not be a violation of paragraph (1) for a person to possess, acquire, receive, transport, offer for sale, sell, or purchase a shark fin of a smooth dogfish (Mustelus canis) or a spiny dogfish (Squalus acanthias).

“(B)

Report.—

“(i)

In general.—

Not later than , the Secretary of Commerce shall review the exemption provided by subparagraph (A) and submit to Congress a report regarding such exemption that includes a recommendation to continue or terminate the exemption.

“(ii)

Factors.—

In carrying out clause (i), the Secretary of Commerce shall analyze factors including—

“(I)

the impact of continuation and termination of the exemption on the economic viability of dogfish fisheries;

“(II)

the impact of continuation and termination of the exemption on ocean ecosystems;

“(III)

the impact of the exemption on the enforcement of the prohibition described in paragraph (1); and

“(IV)

the impact of the exemption on shark conservation.

“(5)

Enforcement.—

This subsection, and any regulations issued pursuant thereto, shall be enforced by the Secretary of Commerce, who may use by agreement, with or without reimbursement, the personnel, services, equipment, and facilities of another Federal agency or of a State agency or Indian Tribe for the purpose of enforcing this subsection.

“(6)

Rule of construction.—

Nothing in this subsection may be construed to preclude, deny, or limit any right of a State or territory to adopt or enforce any regulation or standard that is more stringent than a regulation or standard in effect under this subsection.

“(7)

Severability.—

If any provision of this subsection, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the subsection and of the application of any such provision to other persons and circumstances shall not be affected thereby.

“(8)

Shark fin defined.—

In this subsection, the term ‘shark fin’ means the unprocessed, dried, or otherwise processed detached fin or tail of a shark.”

Credits

1976–2022 · 15 acts
  1. 1976Pub. L. 94–265, title III, § 307, , 90 Stat. 355
  2. 1978Pub. L. 95–354, § 5(4), , 92 Stat. 521
  3. 1982Pub. L. 97–191, § 2, , 96 Stat. 107
  4. 1983Pub. L. 97–453, § 15(b), , 96 Stat. 2492
  5. 1986Pub. L. 99–659, title I, §§ 101(c)(2), 107(a), , 100 Stat. 3707, 3713
  6. 1988Pub. L. 100–629, § 4, , 102 Stat. 3286
  7. 1989Pub. L. 101–224, § 8, , 103 Stat. 1907
  8. 1990Pub. L. 101–627, title I, § 113, , 104 Stat. 4453
  9. 1992Pub. L. 102–251, title III, § 301(h), , 106 Stat. 64
  10. 1996Pub. L. 104–297, title I, § 113, title IV, § 405(b)(1), , 110 Stat. 3597, 3621
  11. 2000Pub. L. 106–557, § 3, , 114 Stat. 2772
  12. 2007Pub. L. 109–479, title I, § 118, , 120 Stat. 3607
  13. 2011Pub. L. 111–348, title I, § 103(a), , 124 Stat. 3670
  14. 2015Pub. L. 114–81, title I, § 112, , 129 Stat. 659
  15. 2022Pub. L. 117–328, div. S, title I, § 105, , 136 Stat. 5260.
Show as published

(Pub. L. 94–265, title III, § 307, , 90 Stat. 355; Pub. L. 95–354, § 5(4), , 92 Stat. 521; Pub. L. 97–191, § 2, , 96 Stat. 107; Pub. L. 97–453, § 15(b), , 96 Stat. 2492; Pub. L. 99–659, title I, §§ 101(c)(2), 107(a), , 100 Stat. 3707, 3713; Pub. L. 100–629, § 4, , 102 Stat. 3286; Pub. L. 101–224, § 8, , 103 Stat. 1907; Pub. L. 101–627, title I, § 113, , 104 Stat. 4453; Pub. L. 102–251, title III, § 301(h), , 106 Stat. 64; Pub. L. 104–297, title I, § 113, title IV, § 405(b)(1), , 110 Stat. 3597, 3621; Pub. L. 106–557, § 3, , 114 Stat. 2772; Pub. L. 109–479, title I, § 118, , 120 Stat. 3607; Pub. L. 111–348, title I, § 103(a), , 124 Stat. 3670; Pub. L. 114–81, title I, § 112, , 129 Stat. 659; Pub. L. 117–328, div. S, title I, § 105, , 136 Stat. 5260.)

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