§ 1859. Criminal offenses

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. 1976

   Fishery Conservation and Management Act of 1976

   Pub. L. 94–265 title III § 309 · 90 Stat. 331

   Enacted · 16 U.S.C. § 1859

   Pub. L. 94–265, title III, § 309, Apr. 13, 1976, 90 Stat. 357

   Source evidence

   Code source credit
   Pub. L. 94–265, title III, § 309, Apr. 13, 1976, 90 Stat. 357

   Enacted provision · exact public law section
   SEC. 309. CRIMINAL OFFENSES. (a) Offenses.— A person is guilty of an offense if he commits any 16 USC 1859. act prohibited by— (1) section 307(1) (D), (E), (F), or (H); or (2) section 307(2). (b) Punishment.— Any offense described in subsection (a)(1) is punishable by a fine of not more than $50,000, 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 officer authorized to enforce the provisions of this Act (as provided for in section 311), or places any such officer in fear of imminent bodily injury, the offense is punishable by a fine of not more than $100,000, or imprisonment for not more than 10 years, or both. Any offense described in subsection (a)(2) is punishable by a fine of not more than $100,000, or imprisonment for not more than 1 year, or both. (c) Jurisdiction.— There is Federal jurisdiction over any offense described in this section.

2. 1983

   Pub. L. 97–453 § 11(a) · 96 Stat. 2481

   Struck · 16 U.S.C. § 1859(b)

   Pub. L. 97–453 struck out “, or imprisonment for not more than 1 year, or both” after “subsection (a)(2) is punishable by a fine of not more than $100,000”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–453 struck out “, or imprisonment for not more than 1 year, or both” after “subsection (a)(2) is punishable by a fine of not more than $100,000”.

   Enacted provision · exact public law section
   (a) Section 309(b) (16 U.S.C. 1859(b)) is amended by striking out “, or imprisonment for not more than 1 year, or both”.

   Effective date note
   Pub. L. 97–453, § 11(b), Jan. 12, 1983, 96 Stat. 2491, 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].”

3. 1986

   Pub. L. 99–659 title I § 107(b) · 100 Stat. 3706

   Substituted · 16 U.S.C. § 1859(a)(1)

   Pub. L. 99–659 substituted “(H), or (J)” for “or (H)”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 99–659 substituted “(H), or (J)” for “or (H)”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 309(a)(1) of the Act (16 U.S.C. 1859(a)(1)) is amended by striking out “or (H)” and inserting “(H), or (J)”.

4. 1987

   Pub. L. 100–66 § 2 · 101 Stat. 384

   Substituted · 16 U.S.C. § 1859(a)(1)

   Pub. L. 100–66 substituted “(I)” for “(J)”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 100–66 substituted “(I)” for “(J)”.

   Enacted provision · exact public law section
   SEC. 2. TECHNICAL AMENDMENT. Section 309(a)(1) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1859(a)(1)) is amended by striking out “(J)” and inserting “(I)”.

5. 1990

   Pub. L. 101–627 § 115(a) · 104 Stat. 4436

   1. Amended · 16 U.S.C. § 1859(a)(1)

      Pub. L. 101–627, § 115(a), amended par. (1) generally

   2. Substituted · 16 U.S.C. § 1859(a)(1)

      Pub. L. 101–627, § 115(a), substituting “(I), or (L)” for “or (I)”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 101–627, § 115(a), amended par. (1) generally, substituting “(I), or (L)” for “or (I)”.

   Enacted provision · exact public law section
   (a) Offenses.— Paragraph (1) of section 309(a) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1859(a)) is amended to read as follows: “(1) section 307(1) (D), (E), (F), (H), (I), or (L); or”.

6. 1990

   Pub. L. 101–627 § 115(b) · 104 Stat. 4436

   1. Substituted · 16 U.S.C. § 1859(b)

      Pub. L. 101–627, § 115(b), substituted “$100,000” for “$50,000”

   2. Substituted · 16 U.S.C. § 1859(b)

      Pub. L. 101–627, § 115(b), substituted “$200,000” for “$100,000” in two places

   3. Inserted · 16 U.S.C. § 1859(b)

      Pub. L. 101–627, § 115(b), inserted “any observer described in section 1857(1)(L) of this title or” after “injury to” and “observer or” before “officer in fear”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–627, § 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”.

   Enacted provision · exact public law section
   (b) Punishment.— Section 309(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1859(b)) is amended— (1) by striking “$50,000” and inserting in lieu thereof “$100,000”; (2) by striking “$100,000” each place it appears and inserting in lieu thereof “$200,000”; (3) by inserting “any observer described in section 3O7(1)(L) or” immediately after “injury to”; and (4) by inserting “observer or” immediately before “officer in fear”.

9 of 9 references resolved to an enrolled provision