§ 1861. Enforcement

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 § 311 · 90 Stat. 331

   Enacted · 16 U.S.C. § 1861

   Pub. L. 94–265, title III, § 311, Apr. 13, 1976, 90 Stat. 358

   Source evidence

   Code source credit
   Pub. L. 94–265, title III, § 311, Apr. 13, 1976, 90 Stat. 358

   Enacted provision · exact public law section
   SEC. 311. ENFORCEMENT. (a) Responsibility.— The provisions of this Act shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. Such Secretaries may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities, of any other Federal agency, including all elements of the Department of Defense, Reports to congressional committees. and of any State agency, in the performance of such duties. Such Secretaries shall report semiannually, to each committee of the Congress listed in section 203(b) and to the Councils, on the degree and extent of known and estimated compliance with the provisions of this Act. (b) Powers of Authorized Officers.— Any officer who is authorized (by the Secretary, the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an agreement with such Secretaries under subsection (a)) to enforce the provisions of this Act may— (1) with or without a warrant or other process— (A) arrest any person, if he has reasonable cause to believe that such person has committed an act prohibited by section 307; (B) board, and search or inspect, any fishing vessel which is subject to the provisions of this Act: (C) seize any fishing vessel (together with its fishing gear, furniture, appurtenances, stores, and cargo) used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any provision of this Act; (D) seize any fish (wherever found) taken or retained in violation of any provision of this Act; and (E) seize any other evidence related to any violation of any provision of this Act; (2) execute any warrant or other process issued by any court of competent jurisdiction; and (3) exercise any other lawful authority. (c) Issuance of Citations.— If any officer authorized to enforce the provisions of this Act (as provided for in this section) finds that a fishing vessel is operating or has been operated in violation of any provision of this Act, such officer may in accordance with regulations issued jointly by the Secretary and the Secretary of the department in which the Coast Guard is operating, issue a citation to the owner or operator of such vessel in lieu of proceeding under subsection (b). If a permit has been issued pursuant to this Act for such vessel, such officer shall note the issuance of any citation under this subsection, including the date thereof and the reason therefor, on the permit. The Secretary shall maintain a record of all citations issued pursuant to this subsection, (d) Jurisdiction of Courts.— The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act. In the case of Guam, and any Commonweal tn, territory, or possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Guam, except that in the case of American Samoa, the appropriate court is the United States District Court for the District of Hawaii. Any such court may, at any time— (1) enter restraining orders or prohibitions; (2) issue warrants, process in rem, or other process; (3) prescribe and accept satisfactory bonds or other security; and (4) take such other actions as are in the interest of justice. (e) Definition.— For purposes of this section— (1) The term “provisions of this Act” includes (A) any regulation or permit issued pursuant to this Act, and (B) any provision of, or regulation issued pursuant to, any international fishery agreement under which foreign fishing is authorized by section 201 (b) or (c), with respect to fishing subject to the exclusive fishery management authority of the United States. (2) The term “violation of any provision of this Act” includes (A) the commission of any act prohibited by section 307, and (B) the violation of any regulation, permit, or agreement referred to in paragraph (1).

2. 1980

   Congressional Reports Elimination Act of 1980

   Pub. L. 96–470 title II § 209(e) · 94 Stat. 2237

   1. Substituted · 16 U.S.C. § 1861(a)

      Pub. L. 96–470 substituted “annually on June 30” for “semiannually”

   2. Inserted · 16 U.S.C. § 1861(a)

      Pub. L. 96–470 inserted “during the preceding calendar year” after “with the provisions of this chapter”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–470 substituted “annually on June 30” for “semiannually” and inserted “during the preceding calendar year” after “with the provisions of this chapter”.

   Enacted provision · exact public law section
   (e) Section 311(a) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1861(a); 90 Stat. 358) is amended by striking out “semiannually,” and inserting “annually on June 30,” in lieu thereof; and adding at the end of the subsection, before the period, “during the preceding calendar year”.

3. 1983

   Pub. L. 97–453 § 15(c) · 96 Stat. 2481

   Struck · 16 U.S.C. § 1861(a)

   Pub. L. 97–453, § 15(c), struck out provision that the Secretaries were to report annually on June 30, to each committee of the Congress listed in section 1823(b) of this title and to the Councils, on the degree and extent of known and estimated compliance with the provisions of this chapter during the preceding calendar year

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–453, § 15(c), struck out provision that the Secretaries were to report annually on June 30, to each committee of the Congress listed in section 1823(b) of this title and to the Councils, on the degree and extent of known and estimated compliance with the provisions of this chapter during the preceding calendar year.

   Enacted provision · exact public law section
   (c) The last sentence of section 311(a) (16 U.S.C. 1861(a)) is repealed.

4. 1983

   Pub. L. 97–453 § 13(1) · 96 Stat. 2481

   Amended · 16 U.S.C. § 1861(b)(1)

   Pub. L. 97–453, § 13(1), designated existing provisions as par. (1)

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 97–453, § 13(1), designated existing provisions as par. (1).

   Enacted provision · exact public law section
   (1) by inserting “(1)” immediately before “Any officer”;

5. 1983

   Pub. L. 97–453 § 13(2) · 96 Stat. 2481

   1. Redesignated · 16 U.S.C. § 1861(b)(1)(A)

      Pub. L. 97–453, § 13(2), (3), redesignated former par. (1) as subpar. (A) and, in subpar. (A) as redesignated

   2. Redesignated · 16 U.S.C. § 1861(b)(1)(A)

      Pub. L. 97–453, § 13(2), (3), redesignated former subpars. (A) to (E) as cls. (i) to (v), respectively

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 97–453, § 13(2), (3), redesignated former par. (1) as subpar. (A) and, in subpar. (A) as redesignated, redesignated former subpars. (A) to (E) as cls. (i) to (v), respectively.

   Enacted provision · exact public law section
   (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;

6. 1983

   Pub. L. 97–453 § 13(2) · 96 Stat. 2481

   Redesignated · 16 U.S.C. § 1861(b)(1)(B); 16 U.S.C. § 1861(b)(1)(C)

   Pub. L. 97–453, § 13(2), redesignated former pars. (2) and (3) as subpars. (B) and (C), respectively

   Source evidence

   Code amendment note
   Subsec. (b)(1)(B), (C). Pub. L. 97–453, § 13(2), redesignated former pars. (2) and (3) as subpars. (B) and (C), respectively.

   Enacted provision · exact public law section
   (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;

7. 1983

   Pub. L. 97–453 § 13(4) · 96 Stat. 2481

   Added · 16 U.S.C. § 1861(b)(2)

   Pub. L. 97–453, § 13(4), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 97–453, § 13(4), added par. (2).

   Enacted provision · exact public law section
   (4) by adding at the end thereof the following new paragraph: “(2) Subject to the direction of the Secretary, a person charged with law enforcement responsibilities by the Secretary who is performing a duty related to enforcement of a law regarding fisheries or other marine resources may make an arrest without a warrant for an offense against the United States committed in his presence, or for a felony cognizable under the laws of the United States, if he has reasonable grounds to believe that the person to be arrested has committed or is committing a felony. The arrest authority described in the preceding sentence may be conferred upon an officer or employee of a State agency, subject to such conditions and restrictions as are set forth by agreement between the State agency, the Secretary, and, with respect to enforcement operations within the fishery conservation zone, the Secretary of the department in which the Coast Guard is operating.”.

8. 1986

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

   Substituted · 16 U.S.C. § 1861(b)(2)

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

   Source evidence

   Code amendment note
   Subsec. (b)(2). 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

9. 1986

   Pub. L. 99–659 § 109(b) · 100 Stat. 3706

   1. Added · 16 U.S.C. § 1861(e); 16 U.S.C. § 1861(f)

      Pub. L. 99–659, § 109(b), added subsec. (e)

   2. Redesignated · 16 U.S.C. § 1861(e); 16 U.S.C. § 1861(f)

      Pub. L. 99–659, § 109(b), redesignated former subsec. (e) as (f)

   Source evidence

   Code amendment note
   Subsecs. (e), (f). Pub. L. 99–659, § 109(b), added subsec. (e) and redesignated former subsec. (e) as (f).

   Enacted provision · exact public law section
   (b) Jurisdiction of Courts.— Section 311 of the Act (16 U.S.C. 1861) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: “(e) Payment of Storage, Care, and Other Costs.— Notwithstanding any other provision of law, after September 30, 1986, the Secretary or the Secretary of the Treasury may pay from sums received as fines, penalties, or forfeitures of property for violations of any provision of this Act— “(1) the reasonable and necessary costs incurred in providing temporary storage, care, and maintenance of seized fish or other property pending disposition of any civil or criminal proceeding alleging a violation of any provision of this Act with respect to that fish or other property; and “(2) a reward to any person who furnishes information which leads to an arrest, conviction, civil penalty assessment, or forfeiture of property for any violation of any provision of this Act. Any person assessed a civil penalty for, or convicted of, any violation of any provision of this Act shall be liable for the cost incurred in storage, care, and maintenance of any fish or other property seized in connection with the violation concerned.”.

10. 1990

    Pub. L. 101–627 title I § 117 · 104 Stat. 4436

    Amended · 16 U.S.C. § 1861(e)

    Pub. L. 101–627 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Notwithstanding any other provision of law, after September 30, 1986, the Secretary or the Secretary of the Treasury may pay from sums received as fines, penalties, or forfeitures of property for violations of any provision of this chapter—

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 101–627 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Notwithstanding any other provision of law, after September 30, 1986, the Secretary or the Secretary of the Treasury may pay from sums received as fines, penalties, or forfeitures of property for violations of any provision of this chapter—

    “(1) the reasonable and necessary costs incurred in providing temporary storage, care, and maintenance of seized fish or other property pending disposition of any civil or criminal proceeding alleging a violation of any provision of this chapter with respect to that fish or other property; and “(2) a reward to any person who furnishes information which leads to an arrest, conviction, civil penalty assessment, or forfeiture of property for any violation of any provision of this chapter. Any person assessed a civil penalty for, or convicted of, any violation of any provision of this chapter shall be liable for the cost incurred in storage, care, and maintenance of any fish or other property seized in connection with the violation concerned.”

    Enacted provision · exact public law section
    Sec. 117. enforcement Section 311(e) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1861(e)) is amended to read as follows: “(e) Payment of Storage, Care, and Other Costs.— (1) Notwithstanding any other provision of law, the Secretary or the Secretary of the Treasury may pay from sums received as fines, penalties, and forfeitures of property for violations of any provisions of this Act or of any other fishery resource law enforced by the Secretary, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.)— “(A) the reasonable and necessary costs incurred in providing temporary storage, care, and maintenance of seized fish or other property pending disposition of any civil or criminal proceeding alleging a violation of any provision of this Act or any other fishery resource law enforced by the Secretary with respect to that fish or other property; “(B) a reward to any person who furnishes information which leads to an arrest, conviction, civil penalty assessment, or forfeiture of property for any violation of any provision of this Act or any other fishery resource law enforced by the Secretary; “(C) any expenses directly related to investigations and civil or criminal enforcement proceedings, including any necessary expenses for equipment, training, travel, witnesses, and contracting services directly related to such investigations or proceedings; “(D) any valid liens or mortgages against any property that has been forfeited; “(E) claims of parties in interest to property disposed of under section 612(b) of the Tariff Act of 1930 (19 U.S.C. 1612(b)) or under other provisions of the customs laws, as made applicable by section 310(c) of this Act to seizures made by the Secretary under this Act, in amounts determined by the Secretary to be applicable to such claims at the time of seizure; and “(F) reimbursement to any Federal or State agency, including the Coast Guard, for services performed, or personnel, equipment, or facilities utilized, under any agreement with the Secretary entered into pursuant to subsection (a), or any similar agreement authorized by law. “(2) Any person assessed a civil penalty for, or convicted of, any violation of this Act shall be liable for the cost incurred in storage, care, and maintenance of any fish or other property seized in connection with the violation.”.

11. 1992

    National Oceanic and Atmospheric Administration Authorization Act of 1992

    Pub. L. 102–567 title IX § 901 · 106 Stat. 4270

    1. Added · 16 U.S.C. § 1861(f); 16 U.S.C. § 1861(g)

       Pub. L. 102–567 added subsec. (f)

    2. Redesignated · 16 U.S.C. § 1861(f); 16 U.S.C. § 1861(g)

       Pub. L. 102–567 redesignated former subsec. (f) as (g)

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 102–567 added subsec. (f) and redesignated former subsec. (f) as (g).

    Enacted provision · exact public law section
    SEC. 901. FISHERY ENFORCEMENT. Section 311 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1861) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting immediately after subsection (e) the following new subsection: “(f) Enforcement of Northeast Multispecies Fishery Management Plan.— “(1) Enforcement agreements.— Beginning not later than October 1, 1993, the Secretary shall, if requested by the Governor of a State represented on the New England Fishery Management Council, enter into an agreement under subsection (a), with each of the States represented on such Council, that authorizes the marine law enforcement agency of such State to perform duties of the Secretary relating to enforcement of the Northeast Multispecies Fishery Management Plan. “(2) Reimbursement.— An agreement with a State under this subsection shall provide, subject to the availability of appropriations, for reimbursement of the State for expenses incurred in detection and prosecution of violations of any fishery management plan approved by the Secretary. “(3) Coast guard enforcement working group.— “(A) Establishment.— The Commander of the First Coast Guard District shall establish an informal fisheries enforcement working group to improve the overall compliance with and effectiveness of the regulations issued under the Northeast Multispecies Fishery Management Plan. “(B) Membership.— The working group shall consist of members selected by the Commander, and shall include— “(i) individuals who are representatives of various fishing ports located in the States represented on the New England Fishery Management Council; “(ii) captains of fishing vessels that operate in waters under the jurisdiction of that Council; and “(iii) other individuals the Commander considers appropriate. “(C) Non-federal status of working group members.— An individual shall not receive any compensation for, and shall not be considered to be a Federal employee based on, membership in the working group. “(D) Meetings.— The working group shall meet, at the call of the Commander, at least 4 times each year. The meetings shall be held at various major fishing ports in States represented on the New England Fishery Management Council, as specified by the Commander. “(4) Use of fines and penalties.— Amounts available to the Secretary under this Act which are attributable to fines and penalties imposed for violations of the Northeast Multispecies Fishery Management Plan shall be used by the Secretary pursuant to this section to enforce that Plan.”.

12. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 115(a)(2) · 110 Stat. 3559

    Inserted · 16 U.S.C. § 1861(d)

    Pub. L. 104–297, § 115(a)(2), inserted “, and except that in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands” after “District of Hawaii”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–297, § 115(a)(2), inserted “, and except that in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands” after “District of Hawaii”.

    Enacted provision · exact public law section
    (2) by inserting a comma before the period and the following: “and except that in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands”.

13. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 115(a)(1) · 110 Stat. 3559

    Substituted · 16 U.S.C. § 1861(d)

    Pub. L. 104–297, § 115(a)(1), which directed substitution of “Guam or any” for “Guam, any Commonwealth, territory, or”, was executed by making the substitution for “Guam, and any Commonwealth, territory, or”, to reflect the probable intent of Congress

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–297, § 115(a)(1), which directed substitution of “Guam or any” for “Guam, any Commonwealth, territory, or”, was executed by making the substitution for “Guam, and any Commonwealth, territory, or”, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (1) by striking “Guam, any Commonwealth, territory, or” and inserting “Guam or any”; and

14. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 115(b)(1) · 110 Stat. 3559

    Substituted · 16 U.S.C. § 1861(e)(1)

    Pub. L. 104–297, § 115(b)(1), substituted “marine resource law” for “fishery resource law” in introductory provisions and in subpars. (A) and (B)

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 104–297, § 115(b)(1), substituted “marine resource law” for “fishery resource law” in introductory provisions and in subpars. (A) and (B).

    Enacted provision · exact public law section
    (1) by striking “fishery” each place it appears and inserting “marine”;

15. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 115(b)(2) · 110 Stat. 3559

    Inserted · 16 U.S.C. § 1861(e)(1)(B)

    Pub. L. 104–297, § 115(b)(2), inserted “of not less than 20 percent of the penalty collected or $20,000, whichever is the lesser amount,” after “reward”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(B). Pub. L. 104–297, § 115(b)(2), inserted “of not less than 20 percent of the penalty collected or $20,000, whichever is the lesser amount,” after “reward”.

    Enacted provision · exact public law section
    (2) by inserting “of not less than 20 percent of the penalty collected or $20,000, whichever is the lesser amount,” after “reward” in subparagraph (B), and

16. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 115(b)(3) · 110 Stat. 3559

    1. Added · 16 U.S.C. § 1861(e)(1)(E)

       Pub. L. 104–297, § 115(b)(3), added subpar. (E)

    2. Struck · 16 U.S.C. § 1861(e)(1)(E)

       Pub. L. 104–297, § 115(b)(3), struck out former subpar. (E) which read as follows: “claims of parties in interest to property disposed of under section 1612(b) of title 19 or under other provisions of the customs laws, as made applicable by section 1860(c) of this title to seizures made by the Secretary under this chapter, in amounts determined by the Secretary to be applicable to such claims at the time of seizure; and”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(E). Pub. L. 104–297, § 115(b)(3), added subpar. (E) and struck out former subpar. (E) which read as follows: “claims of parties in interest to property disposed of under section 1612(b) of title 19 or under other provisions of the customs laws, as made applicable by section 1860(c) of this title to seizures made by the Secretary under this chapter, in amounts determined by the Secretary to be applicable to such claims at the time of seizure; and”.

    Enacted provision · exact public law section
    (3) by striking subparagraph (E) and inserting the following: “(E) claims of parties in interest to property disposed of under section 612(b) of the Tariff Act of 1930 (19 U.S.C. 1612(b)), as made applicable by section 310(c) of this Act or by any other marine resource law enforced by the Secretary, to seizures made by the Secretary, in amounts determined by the Secretary to be applicable to such claims at the time of seizure; and”.

17. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 115(c) · 110 Stat. 3559

    Amended · 16 U.S.C. § 1861(e)(2)

    Pub. L. 104–297, § 115(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Any person assessed a civil penalty for, or convicted of, any violation of this chapter shall be liable for the cost incurred in storage, care, and maintenance of any fish or other property seized in connection with the violation.”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 104–297, § 115(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Any person assessed a civil penalty for, or convicted of, any violation of this chapter shall be liable for the cost incurred in storage, care, and maintenance of any fish or other property seized in connection with the violation.”

    Enacted provision · exact public law section
    (c) Section 311(e)(2) (16 U.S.C 1861(e)(2)) is amended to read as follows: “(2) Any person found in an administrative or judicial proceeding to have violated this Act or any other marine resource law enforced by the Secretary shall be liable for the cost incurred in the sale, storage, care, and maintenance of any fish or other property lawfully seized in connection with the violation.”.

18. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 115(d) · 110 Stat. 3559

    Redesignated · 16 U.S.C. § 1861(g)

    Pub. L. 104–297, § 115(d), added subsec. (g). Former subsec. (g) redesignated (h)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 104–297, § 115(d), added subsec. (g). Former subsec. (g) redesignated (h).

    Enacted provision · exact public law section
    (d) Section 311 (16 U.S.C. 1861) is amended by redesignating subsection (g) as subsection (h), and by inserting the following after subsection (f): “(g) Enforcement in the Pacific Insular Areas.— The Secretary, in consultation with the Governors of the Pacific Insular Areas and the Western Pacific Council, shall to the extent practicable support cooperative enforcement agreements between Federal and Pacific Insular Area authorities.”.

19. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 115(d) · 110 Stat. 3559

    Redesignated · 16 U.S.C. § 1861(h)

    Pub. L. 104–297, § 115(d), redesignated subsec. (g) as (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 104–297, § 115(d), redesignated subsec. (g) as (h).

    Enacted provision · exact public law section
    (d) Section 311 (16 U.S.C. 1861) is amended by redesignating subsection (g) as subsection (h), and by inserting the following after subsection (f): “(g) Enforcement in the Pacific Insular Areas.— The Secretary, in consultation with the Governors of the Pacific Insular Areas and the Western Pacific Council, shall to the extent practicable support cooperative enforcement agreements between Federal and Pacific Insular Area authorities.”.

20. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 115(e) · 110 Stat. 3559

    Substituted · 16 U.S.C. § 1861(h)(1)

    Pub. L. 104–297, § 115(e), which directed amendment of subsec. (i)(1) by substituting “1821(b) or (c) of this title, or section 1824(d) of this title,” for “1821(b), (c) of this title,”, was executed by making the substitution for “1821(b) or (c) of this title” in subsec. (h)(1) to reflect the probable intent of Congress because this section does not contain a subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 104–297, § 115(e), which directed amendment of subsec. (i)(1) by substituting “1821(b) or (c) of this title, or section 1824(d) of this title,” for “1821(b), (c) of this title,”, was executed by making the substitution for “1821(b) or (c) of this title” in subsec. (h)(1) to reflect the probable intent of Congress because this section does not contain a subsec. (i).

    Enacted provision · exact public law section
    (e) Section 311 (16 U.S.C. 1861), as amended by subsection (d), is amended by striking “201(b), (c),” in subsection (i)(1), as redesignated, and inserting “201(b) or (c), or section 204(d),”.

21. 2007

    Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006

    Pub. L. 109–479 § 111(a)(1) · 120 Stat. 3575

    Added · 16 U.S.C. § 1861(b)(1)(A)(vi)

    Pub. L. 109–479, § 111(a)(1)–(3), added cl. (vi)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A)(vi). Pub. L. 109–479, § 111(a)(1)–(3), added cl. (vi).

    Enacted provision · exact public law section
    (1) by striking “and” after the semicolon in subsection (b)(1)(A)(iv);

22. 2007

    Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006

    Pub. L. 109–479 § 111(a)(4) · 120 Stat. 3575

    1. Added · 16 U.S.C. § 1861(h)(j)

       Pub. L. 109–479, § 111(a)(4), (5), added subsecs. (h) and (i)

    2. Redesignated · 16 U.S.C. § 1861(h)(j)

       Pub. L. 109–479, § 111(a)(4), (5), redesignated former subsec. (h) as (j)

    Source evidence

    Code amendment note
    Subsecs. (h) to (j). Pub. L. 109–479, § 111(a)(4), (5), added subsecs. (h) and (i) and redesignated former subsec. (h) as (j).

    Enacted provision · exact public law section
    (4) by redesignating subsection (h) as subsection (j); and

23. 2016

    Coast Guard Authorization Act of 2015

    Pub. L. 114–120 title VI § 609 · 130 Stat. 27

    Substituted · 16 U.S.C. § 1861(d)

    Pub. L. 114–120, in introductory provisions, substituted “In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam, and in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands.” for “In the case of Guam or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Guam, except that in the case of American Samoa, the appropriate court is the United States District Court for the District of Hawaii, and except that in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 114–120, in introductory provisions, substituted “In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam, and in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands.” for “In the case of Guam or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Guam, except that in the case of American Samoa, the appropriate court is the United States District Court for the District of Hawaii, and except that in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands.”

    Enacted provision · exact public law section
    SEC. 609. VENUE.   Section 311(d) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(d)) is amended by striking the second sentence and inserting “In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam, and in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands.”.

29 of 29 references resolved to an enrolled provision