Title 16 — Conservation
Chapter 56 — North Atlantic Salmon Fishing
§ 3606. Violations and penalties
Statutory text
Directed fishing for salmon; Convention, rules and regulations
It is unlawful for any person, or any vessel, subject to the jurisdiction of the United States—
to conduct directed fishing for salmon in waters seaward of twelve miles from the baselines from which the breadths of territorial seas are measured, in waters of the Atlantic Ocean north of 36 degrees north latitude; or
to violate any provision of the Convention or this chapter, or of any regulation promulgated under this chapter.
Civil and criminal penalties
Any person who commits any act that is unlawful under subsection (a) of this section shall—
be liable to the United States for a civil penalty under section 308 of the Act of 1976 (16 U.S.C. 1858) to the same extent as if such act were an act prohibited under section 307 of the Act of 1976 (16 U.S.C. 1857); and
be guilty of an offense under section 309 of the Act of 1976 (16 U.S.C. 1859) to the same extent as if such act were an act prohibited by section 307(1)(D), (E), (F), or (H) of the Act of 1976 (16 U.S.C. 1857(1)(D), (E), (F), or (H)).
Civil forfeiture of vessel
Any vessel used, and any fish (or the fair market value thereof) taken or retained in any manner, in connection with or as the result of the commission of an act which is unlawful under subsection (a) of this section shall be subject to civil forfeiture under section 310 of the Act of 1976 (16 U.S.C. 1860) to the same extent as if such vessel was used in, or such fish was taken or retained in connection with or as the result of, the commission of an act prohibited by section 307 of the Act of 1976 (16 U.S.C. 1857).
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.
Atlantic Salmon Convention Act of 1982
Pub. L. 97–389 title III § 307 · 96 Stat. 1949
Enacted · 16 U.S.C. § 3606
Pub. L. 97–389, title III, § 307, Dec. 29, 1982, 96 Stat. 1953
Source evidence
Code source credit
Pub. L. 97–389, title III, § 307, Dec. 29, 1982, 96 Stat. 1953Enacted provision · exact public law section
Sec. 307. (a) It is unlawful for any person, or any vessel, subject to 16 USC 3606. the jurisdiction of the United States— (1) to conduct directed fishing for salmon in waters seaward of twelve miles from the baselines from which the breadths of territorial seas are measured, in waters of the Atlantic Ocean north of 36 degrees north latitude; or (2) to violate any provision of the Convention or this title, or of any regulation promulgated under this title. (b) Any person who commits any act that is unlawful under subsection (a) of this section shall— (1) be liable to the United States for a civil penalty under section 308 of the Act of 1976 (16 U.S.C. 1858) to the same extent as if such act were an act prohibited under section 307 of the Act of 1976 (16 U.S.C. 1857); and (2) be guilty of an offense under section 309 of the Act of 1976 (16 U.S.C. 1859) to the same extent as if such act were an act prohibited by section 307(1) (D), (E), (F), or (H) of the Act of 1976 (16 U.S.C 1857(1) (D), (E), (F), or (H)). (c) Any vessel used in the commission of an act which is unlawful under subsection (a) of this section shall be subject to civil forfeiture under section 310 of the Act of 1976 (16 U.S.C. 1860) to the same extent as if such vessel was used in the commission of an act prohibited by section 307 of the Act of 1976 (16 U.S.C. 1857).Pub. L. 98–44 title I § 102(2) · 97 Stat. 216
Inserted · 16 U.S.C. § 3606(c)
Pub. L. 98–44 inserted provision that any fish, or the fair market value thereof, taken or retained in connection with or as the result of the commission of an act unlawful under subsection (a) of this section shall be subject to civil forfeitures under section 1860 of this title to the same extent as if such fish was taken or retained in connection with or as the result of the commission of an act prohibited by section 1857 of this title
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–44 inserted provision that any fish, or the fair market value thereof, taken or retained in connection with or as the result of the commission of an act unlawful under subsection (a) of this section shall be subject to civil forfeitures under section 1860 of this title to the same extent as if such fish was taken or retained in connection with or as the result of the commission of an act prohibited by section 1857 of this title.Enacted provision · exact public law section
(2) by amending subsection (c) of section 307 to read as follows: “(c) Any vessel used, and any fish (or the fair market value thereof) taken or retained in any manner, in connection with or as the result of the commission of an act which is unlawful under subsection (a) of this section shall be subject to civil forfeiture under section 310 of the Act of 1976 (16 U.S.C. 1860) to the same extent as if such vessel was used in, or such fish was taken or retained in connection with or as the result of, the commission of an act prohibited by section 307 of the Act of 1976 (16 U.S.C. 1857).”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
1983—Subsec. (c). Pub. L. 98–44 inserted provision that any fish, or the fair market value thereof, taken or retained in connection with or as the result of the commission of an act unlawful under subsection (a) of this section shall be subject to civil forfeitures under section 1860 of this title to the same extent as if such fish was taken or retained in connection with or as the result of the commission of an act prohibited by section 1857 of this title.
Credits
1982–1983 · 2 acts
- 1982Pub. L. 97–389, title III, § 307, , 96 Stat. 1953
- 1983Pub. L. 98–44, title I, § 102(2), , 97 Stat. 216.
Show as published
(Pub. L. 97–389, title III, § 307, , 96 Stat. 1953; Pub. L. 98–44, title I, § 102(2), , 97 Stat. 216.)