Title 16 — Conservation
Chapter 76 — Northwest Atlantic Fisheries Convention
§ 5606. Prohibited acts and enforcement
Statutory text
Prohibition
It is unlawful for any person or vessel that is subject to the jurisdiction of the United States—
to violate any regulation issued under this chapter or any measure that is legally binding on the United States under the Convention;
to refuse to permit any authorized enforcement officer to board a fishing vessel that is subject to the person’s control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Convention;
forcibly to assault, resist, oppose, impede, intimidate, or interfere with any authorized enforcement 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 fishery resources taken or retained in violation of this section; or
to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that the other person has committed an 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.
Northwest Atlantic Fisheries Convention Act of 1995
Pub. L. 104–43 title II § 207 · 109 Stat. 366
Enacted · 16 U.S.C. § 5606
Pub. L. 104–43, title II, § 207, Nov. 3, 1995, 109 Stat. 379
Source evidence
Code source credit
Pub. L. 104–43, title II, § 207, Nov. 3, 1995, 109 Stat. 379Enacted provision · exact public law section
SEC. 207. PROHIBITED ACTS AND PENALTIES. (a) Prohibition.— It is unlawful for any person or vessel that is subject to the jurisdiction of the United States— (1) to violate any regulation issued under this title or any measure that is legally binding on the United States under the Convention; (2) to refuse to permit any authorized enforcement officer to board a fishing vessel that is subject to the person’s control for purposes of conducting any search or inspection in connection with the enforcement of this title, any regulation issued under this title, or any measure that is legally binding on the United States under the Convention; (3) forcibly to assault, resist, oppose, impede, intimidate, or interfere with any authorized enforcement officer in the conduct of any search or inspection described in paragraph (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 section; or (6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that the other person has committed an act prohibited by this section. (b) Civil Penalty.— Any person who commits any act that is unlawful under subsection (a) shall be liable to the United States for a civil penalty, or may be subject to a permit sanction, under section 308 of the Magnuson Act (16 U.S.C. 1858). (c) Criminal Penalty.— Any person who commits an act that is unlawful under paragraph (2), (3), (4), or (6) of subsection (a) shall be guilty of an offense punishable under section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)). (d) Civil Forfeitures.— (1) In general.— Any vessel (including its gear, furniture, appurtenances, stores, and cargo) used in the commission of an act that is unlawful under subsection (a), 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 that is unlawful under subsection (a), shall be subject to seizure and forfeiture as provided in section 310 of the Magnuson Act (16 U.S.C. 1860). (2) Disposal of fish.— 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 regulations issued by the Secretary. (e) Enforcement.— 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 specified in sections 311 (a), (b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861 (a), (b)(1), and (c)) for that purpose. (f) Jurisdiction of Courts.— 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 interests of justice.Pub. L. 105–384 title II § 201(b)(1) · 112 Stat. 3451
Substituted · 16 U.S.C. § 5606(e)
Pub. L. 105–384 substituted “section” for “sections”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 105–384 substituted “section” for “sections”.Enacted provision · exact public law section
(1) in section 207(e) (16 U.S.C. 5606(e)), by striking “sections” and inserting “section”;Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015
Pub. L. 114–81 § 111(1) · 129 Stat. 649
Substituted · 16 U.S.C. § 5606
Pub. L. 114–81, § 111(1), in section catchline, substituted “and enforcement” for “and penalties”
Source evidence
Code amendment note
Pub. L. 114–81, § 111(1), in section catchline, substituted “and enforcement” for “and penalties”.Enacted provision · exact public law section
(1) in the section heading, by striking “and penalties” and inserting “and enforcement”;Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015
Pub. L. 114–81 § 111(2) · 129 Stat. 649
Inserted · 16 U.S.C. § 5606(a)(2); 16 U.S.C. § 5606(a)(3)
Pub. L. 114–81, § 111(2), (3), inserted “, investigation,” before “or inspection”
Source evidence
Code amendment note
Subsec. (a)(2), (3). Pub. L. 114–81, § 111(2), (3), inserted “, investigation,” before “or inspection”.Enacted provision · exact public law section
(2) in subsection (a)(2), by inserting “, investigation,” before “or inspection”;Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015
Pub. L. 114–81 § 111(4) · 129 Stat. 649
Added · 16 U.S.C. § 5606(b)(f)
Pub. L. 114–81, § 111(4), added subsec. (b)
Struck · 16 U.S.C. § 5606(b)(f)
Pub. L. 114–81, § 111(4), struck out former subsecs. (b) to (f), which related to civil penalty, criminal penalty, civil forfeitures, enforcement, and jurisdiction of courts
Source evidence
Code amendment note
Subsecs. (b) to (f). Pub. L. 114–81, § 111(4), added subsec. (b) and struck out former subsecs. (b) to (f), which related to civil penalty, criminal penalty, civil forfeitures, enforcement, and jurisdiction of courts.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).” .Northwest Atlantic Fisheries Convention Amendments Act
Pub. L. 114–327 title V § 506 · 130 Stat. 1974
Substituted · 16 U.S.C. § 5606(a)(5)
Pub. L. 114–327 substituted “fishery resources” for “fish”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 114–327 substituted “fishery resources” for “fish”.Enacted provision · exact public law section
SEC. 506. PROHIBITED ACTS AND PENALTIES. Section 207(a)(5) (16 U.S.C. 5606(a)(5)) is amended by striking “fish” and inserting “fishery resources”.
7 of 7 references resolved to an enrolled provision
Editorial Notes
Amendments1998–2016 · 3 rounds
2016
Subsec. (a)(5). Pub. L. 114–327 substituted “fishery resources” for “fish”.
2015
Pub. L. 114–81, § 111(1), in section catchline, substituted “and enforcement” for “and penalties”.
Subsec. (a)(2), (3). Pub. L. 114–81, § 111(2), (3), inserted “, investigation,” before “or inspection”.
Subsecs. (b) to (f). Pub. L. 114–81, § 111(4), added subsec. (b) and struck out former subsecs. (b) to (f), which related to civil penalty, criminal penalty, civil forfeitures, enforcement, and jurisdiction of courts.
1998
Subsec. (e). Pub. L. 105–384 substituted “section” for “sections”.
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.