Title 16 — Conservation
Chapter 88 — Western and Central Pacific Fisheries Convention
§ 6906. Prohibited acts
Statutory text
In general
It is unlawful for any person—
to violate any provision of this chapter or any regulation or permit issued pursuant to this chapter;
to use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, of an applicable permit issued pursuant to this chapter;
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 the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this chapter or any regulation, permit, or the Convention;
to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigations, or inspection in connection with the enforcement of this chapter or any regulation, permit, or the Convention;
to resist a lawful arrest for any act prohibited by this chapter;
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 or any regulation, permit, or agreement referred to in paragraph (1) or (2);
to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any chapter 1 prohibited by this section;
to knowingly and willfully submit to the Secretary false information (including false information regarding the capacity and extent to which a United States fish processor, on an annual basis, will process a portion of the optimum yield of a fishery that will be harvested by fishery vessels of the United States), regarding any matter that the Secretary is considering in the course of carrying out this chapter;
to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel under this chapter, or any data collector employed by the National Marine Fisheries Service or under contract to any person to carry out responsibilities under this chapter;
to engage in fishing in violation of any regulation adopted pursuant to section 6905(a) of this title;
to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or retained in violation of such regulations;
to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this chapter to be made, kept, or furnished;
to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the United States;
to import, in violation of any regulation adopted pursuant to section 6905(a) of this title, any fish in any form of those species subject to regulation pursuant to a recommendation, resolution, or decision of the Commission, or any tuna in any form not under regulation but under investigation by the Commission, during the period such fish have been denied entry in accordance with the provisions of section 6905(a) of this title.
Entry certification
In the case of any fish described in subsection (a) offered for entry into the United States, the Secretary of Commerce shall require proof satisfactory to the Secretary that such fish is not ineligible for such entry under the terms of section 6905(a) of this title.
Footnotes
- 1 So in original.
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.
Western and Central Pacific Fisheries Convention Implementation Act
Pub. L. 109–479 title V § 507 · 120 Stat. 3575
Enacted · 16 U.S.C. § 6906
Pub. L. 109–479, title V, § 507, Jan. 12, 2007, 120 Stat. 3641
Source evidence
Code source credit
Pub. L. 109–479, title V, § 507, Jan. 12, 2007, 120 Stat. 3641Enacted provision · exact public law section
SEC. 507. PROHIBITED ACTS. (a) In General.— It is unlawful for any person— (1) to violate any provision of this title or any regulation or permit issued pursuant to this title; (2) to use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, on an applicable permit issued pursuant to this title; (3) 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 the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this title or any regulation, permit, or the Convention; (4) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigations, or inspection in connection with the enforcement of this title or any regulation, permit, or the Convention; (5) to resist a lawful arrest for any act prohibited by this title; (6) 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 any regulation, permit, or agreement referred to in paragraph (1) or (2); (7) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any chapter prohibited by this section; (8) to knowingly and willfully submit to the Secretary false information (including false information regarding the capacity and extent to which a United States fish processor, on an annual basis, will process a portion of the optimum yield of a fishery that will be harvested by fishery vessels of the United States), regarding any matter that the Secretary is considering in the course of carrying out this title; (9) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel under this title, or any data collector employed by the National Marine Fisheries Service or under contract to any person to carry out responsibilities under this title; (10) to engage in fishing in violation of any regulation adopted pursuant to section 506(a) of this title; (11) to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or retained in violation of such regulations; (12) to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this title to be made, kept, or furnished; (13) to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the United States; (14) to import, in violation of any regulation adopted pursuant to section 506(a) of this title, any fish in any form of those species subject to regulation pursuant to a recommendation, resolution, or decision of the Commission, or any tuna in any form not under regulation but under investigation by the Commission, during the period such fish have been denied entry in accordance with the provisions of section 506(a) of this title. (b) Entry Certification.— In the case of any fish described in subsection (a) offered for entry into the United States, the Secretary of Commerce shall require proof satisfactory to the Secretary that such fish is not ineligible for such entry under the terms of section 506(a) of this title.Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015
Pub. L. 114–81 title I § 105(2) · 129 Stat. 649
Substituted · 16 U.S.C. § 6906(a)(2)
Pub. L. 114–81 substituted “suspension, of” for “suspension, on”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 114–81 substituted “suspension, of” for “suspension, on”.Enacted provision · exact public law section
(2) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) by striking “suspension, on” and inserting “suspension, of”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
2015—Subsec. (a)(2). Pub. L. 114–81 substituted “suspension, of” for “suspension, on”.
Credits
2007–2015 · 2 acts
- 2007Pub. L. 109–479, title V, § 507, , 120 Stat. 3641
- 2015Pub. L. 114–81, title I, § 105(2), , 129 Stat. 657.
Show as published
(Pub. L. 109–479, title V, § 507, , 120 Stat. 3641; Pub. L. 114–81, title I, § 105(2), , 129 Stat. 657.)