Title 16 — Conservation
Chapter 56A — Pacific Salmon Fishing
§ 3637. Prohibited acts and penalties
Statutory text
Unlawful acts
It is unlawful for any person or vessel subject to the jurisdiction of the United States—
to violate any provision of this chapter, or of any regulation adopted hereunder, or of any Fraser River Panel regulation approved by the United States under the Treaty;
to refuse to permit any officer authorized to enforce the provisions of this chapter to board a fishing vessel subject to such person’s control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of this chapter;
to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection described in paragraph (2);
to resist a lawful arrest for any act prohibited by this section;
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;
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.
Additional prohibitions and enforcement
For additional prohibitions relating to this chapter and enforcement of this chapter, see section 1826g of this title.
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.
Pacific Salmon Treaty Act of 1985
Pub. L. 99–5 § 8 · 99 Stat. 7
Enacted · 16 U.S.C. § 3637
Pub. L. 99–5, § 8, Mar. 15, 1985, 99 Stat. 12
Source evidence
Code source credit
Pub. L. 99–5, § 8, Mar. 15, 1985, 99 Stat. 12Enacted provision · exact public law section
SEC. 8. PROHIBITED ACTS AND PENALTIES. (a) It is unlawful for any person or vessel subject to the jurisdiction of the United States— (1) to violate any provision of this title, or of any regulation adopted hereunder, or of any Fraser River Panel regulation approved by the United States under the Treaty; (2) to refuse to permit any officer authorized to enforce the provisions 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 title; (3) 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 (2); (4) to resist a lawful arrest for any act prohibited by this section; (5) 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 title; or (6) 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. (b) 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 as provided by section 308 of the Magnuson Act (16 U.S.C. 1858). (c) Any person who commits an act that is unlawful under paragraph (2), (3), (4), or (6) of subsection (a) of this section shall be guilty of an offense punishable as provided by section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)). (d) (1) Any vessel (including its gear, furniture, appurtenances, stores, and cargo) used in the commission of an act which is prohibited under subsection (a) of this section, and any fish or the fair market value thereof taken or retained, in any manner, in connection with or as a result of the commission of any act which is prohibited by subsection (a) of this section, shall be subject to forfeiture as provided by section 310 of the Magnuson Act (16 U.S.C. 1860). (2) Any fish seized pursuant to this title may be disposed of pursuant to the order of a court of competent jurisdiction or, if perishable, in a manner prescribed by regulation of the Secretary. (e) The Secretary and the Secretary of the Department in which the Coast Guard is operating shall enforce the provisions of this title and shall have the authority provided by subsections 311 (a), (b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861 (a), (b)(1), and (c)). (f) The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under this section and 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.Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015
Pub. L. 114–81 § 104(1)(B) · 129 Stat. 649
Changed · 16 U.S.C. § 3637(a)(2)
Pub. L. 114–81, § 104(1)(B), made technical amendment to reference in original act which appears in text as reference to “this chapter”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 114–81, § 104(1)(B), made technical amendment to reference in original act which appears in text as reference to “this chapter”.Enacted provision · exact public law section
(B) by striking “this title;” and inserting “this Act;”;Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015
Pub. L. 114–81 § 104(1)(A) · 129 Stat. 649
Inserted · 16 U.S.C. § 3637(a)(2)
Pub. L. 114–81, § 104(1)(A), inserted “, investigation,” after “search”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–81, § 104(1)(A), inserted “, investigation,” after “search”.Enacted provision · exact public law section
(A) by inserting “, investigation,” after “search”; andIllegal, Unreported, and Unregulated Fishing Enforcement Act of 2015
Pub. L. 114–81 § 104(2) · 129 Stat. 649
Inserted · 16 U.S.C. § 3637(a)(3)
Pub. L. 114–81, § 104(2), inserted “, investigation,” after “search”
Substituted · 16 U.S.C. § 3637(a)(3)
Pub. L. 114–81, § 104(2), substituted “paragraph (2);” for “subparagraph (2);”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 114–81, § 104(2), inserted “, investigation,” after “search” and substituted “paragraph (2);” for “subparagraph (2);”.Enacted provision · exact public law section
(2) in subsection (a)(3)— (A) by inserting “, investigation,” after “search”; and (B) by striking “subparagraph (2);” and inserting “paragraph (2);”;Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015
Pub. L. 114–81 § 104(3) · 129 Stat. 649
Struck · 16 U.S.C. § 3637(a)(5)
Pub. L. 114–81, § 104(3), made technical amendment to reference in original act which appears as a reference to “this chapter” and struck out “or” at end
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 114–81, § 104(3), made technical amendment to reference in original act which appears as a reference to “this chapter” and struck out “or” at end.Enacted provision · exact public law section
(3) in subsection (a)(5), by striking “this title; or” and inserting “this Act;”; andIllegal, Unreported, and Unregulated Fishing Enforcement Act of 2015
Pub. L. 114–81 § 104(4) · 129 Stat. 649
Added · 16 U.S.C. § 3637(b)(f)
Pub. L. 114–81, § 104(4), added subsec. (b)
Struck · 16 U.S.C. § 3637(b)(f)
Pub. L. 114–81, § 104(4), struck out former subsecs. (b) to (f), which related to civil penalty, criminal penalty, forfeiture, enforcement authority, and jurisdiction
Source evidence
Code amendment note
Subsecs. (b) to (f). Pub. L. 114–81, § 104(4), added subsec. (b) and struck out former subsecs. (b) to (f), which related to civil penalty, criminal penalty, forfeiture, enforcement authority, and jurisdiction.Enacted provision · exact public law section
(4) by striking subsections (b) through (f) and inserting the following: “(b) Additional Prohibitions and Enforcement.— For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).” .
8 of 8 references resolved to an enrolled provision
Editorial Notes
Amendments
2015—Subsec. (a)(2). Pub. L. 114–81, § 104(1)(B), made technical amendment to reference in original act which appears in text as reference to “this chapter”.
Pub. L. 114–81, § 104(1)(A), inserted “, investigation,” after “search”.
Subsec. (a)(3). Pub. L. 114–81, § 104(2), inserted “, investigation,” after “search” and substituted “paragraph (2);” for “subparagraph (2);”.
Subsec. (a)(5). Pub. L. 114–81, § 104(3), made technical amendment to reference in original act which appears as a reference to “this chapter” and struck out “or” at end.
Subsecs. (b) to (f). Pub. L. 114–81, § 104(4), added subsec. (b) and struck out former subsecs. (b) to (f), which related to civil penalty, criminal penalty, forfeiture, enforcement authority, and jurisdiction.
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
Credits
1985–2015 · 2 acts
Show as published
(Pub. L. 99–5, § 8, , 99 Stat. 12; Pub. L. 114–81, title I, § 104, , 129 Stat. 657.)