Page 1841 TITLE 16—CONSERVATION § 1857

Home , Transshipment at sea

Page 1841 TITLE 16—CONSERVATION § 1857 to that State and that is not registered under the laws (A) to violate any provision of this chapter of that State, except a law regulating landings. or any regulation or permit issued pursuant ‘‘(d) STATE PERMIT OR TREATY RIGHT REQUIRED.—No to this chapter; vessel may harvest or process Dungeness crab in the ex- (B) to use any fishing vessel to engage in clusive economic zone adjacent to the State of Wash- ington, Oregon, or California, except as authorized by a fishing after the revocation, or during the permit issued by any of those States or pursuant to any period of suspension, of an applicable permit tribal treaty rights to Dungeness crab pursuant to the issued pursuant to this chapter; decision in United States v. Washington, D.C. No. (C) to violate any provision of, or regula- CV–70–09213. tion under, an applicable governing inter- ‘‘(e) STATE AUTHORITY OTHERWISE PRESERVED.—Ex- national fishery agreement entered into pur- cept as expressly provided in this section, nothing in suant to section 1821(c) of this title; this section reduces the authority of any State under (D) to refuse to permit any officer author- the Magnuson-Stevens Fishery Conservation and Man- ized to enforce the provisions of this chapter agement Act (16 U.S.C. 1801 et seq.) to regulate fishing, fish processing, or landing of fish. (as provided for in section 1861 of this title) ‘‘(f) TERMINATION OF AUTHORITY.—The authority of to board a fishing vessel subject to such per- the States of Washington, Oregon, and California under son’s control for purposes of conducting any this section with respect to a Dungeness crab fishery search or inspection in connection with the shall expire on the effective date of a fishery manage- enforcement of this chapter or any regula- ment plan for the fishery under the Magnuson-Stevens tion, permit, or agreement referred to in Fishery Conservation and Management Act [16 U.S.C. subparagraph (A) or (C); 1801 et seq.]. (E) to forcibly assault, resist, oppose, im- ‘‘(g) REPEAL.—[Repealed section 112(d) of Pub. L. 104–297, see below.] pede, intimidate, or interfere with any such ‘‘(h) DEFINITIONS.—The definitions set forth in section authorized officer in the conduct of any 3 of the Magnuson-Stevens Fishery Conservation and search or inspection described in subpara- Management Act (16 U.S.C. 1802) shall apply to this sec- graph (D); tion. (F) to resist a lawful arrest for any act ‘‘(i) SUNSET.—This section shall have no force or ef- prohibited by this section; fect on and after September 30, 2006. (G) to ship, transport, offer for sale, sell, ‘‘(j) Not later than December 31, 2001, and every 2 purchase, import, export, or have custody, years thereafter, the Pacific State Marine Fisheries control, or possession of, any fish taken or Commission shall submit to the Committee on Com- merce, Science, and Transportation of the Senate and retained in violation of this chapter or any the Committee on Resources of the House of Represent- regulation, permit, or agreement referred to atives a report on the health and management of the in subparagraph (A) or (C); Dungeness Crab fishery located off the coasts of the (H) to interfere with, delay, or prevent, by States of Washington, Oregon, and California.’’ any means, the apprehension or arrest of an- Pub. L. 104–297, title I, § 112(d), Oct. 11, 1996, 110 Stat. other person, knowing that such other per- 3596, as amended by Pub. L. 104–208, div. A, title I, son has committed any act prohibited by § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, this section; 3009–41, which provided interim authority to the States (I) to knowingly and willfully submit to a of Washington, Oregon, and California to enforce State Council, the Secretary, or the Governor of a laws and regulations governing fish harvesting and State false information (including, but not processing against any vessel operating in the exclu- limited to, false information regarding the sive economic zone off each respective State in a fish- capacity and extent to which a United ery for Dungeness crab (Cancer magister) for which there is no fishery management plan implemented States fish processor, on an annual basis, under this chapter, was repealed by Pub. L. 105–384, will process a portion of the optimum yield title II, § 203(g), Nov. 13, 1998, 112 Stat. 3454. of a fishery that will be harvested by fishing vessels of the United States) regarding any FOREIGN FISH PROCESSING IN NORTON SOUND matter that the Council, Secretary, or Gov- Pub. L. 99–509, title V, § 5004, Oct. 21, 1986, 100 Stat. ernor is considering in the course of carry- 1912, provided that for purposes of processing pink ing out this chapter; salmon within the internal waters of the State of Alas- (J) to ship, transport, offer for sale, sell, or ka, the geographic area bounded on the north by a par- purchase, in interstate or foreign commerce, allel of latitude of 64 degrees, 23 minutes, on the south by a parallel of latitude of 63 degrees, 51 minutes, on any whole live lobster of the species the east by the baseline from which the territorial sea Homarus americanus, that— was measured, and on the west by the outer limit of the (i) is smaller than the minimum posses- territorial sea, was to be considered to be internal wa- sion size in effect at the time under the ters of the State of Alaska for the purposes of subsec. American Lobster Fishery Management (c)(4)(B) of this section until Sept. 30, 1993. Plan, as implemented by regulations pub- TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED lished in part 649 of title 50, Code of Fed- STATES eral Regulations, or any successor to that plan implemented under this subchapter, For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, or in the absence of any such plan, is respectively, set out as notes under section 1331 of Title smaller than the minimum possession size 43, Public Lands. in effect at the time under a coastal fishery management plan for American lobster SECTION REFERRED TO IN OTHER SECTIONS adopted by the Atlantic States Marine This section is referred to in section 1857 of this title. Fisheries Commission under the Atlantic Coastal Fisheries Cooperative Manage- § 1857. Prohibited acts ment Act (16 U.S.C. 5101 et seq.); It is unlawful— (ii) is bearing eggs attached to its ab- (1) for any person— dominal appendages; or § 1857 TITLE 16—CONSERVATION Page 1842

(iii) bears evidence of the forcible re- conducted in accordance with, a valid and moval of extruded eggs from its abdominal applicable permit issued pursuant to section appendages; 1824(b), (c), or (d) of this title; or (C) except as permitted under section (K) to to 1 steal or attempt to steal or to 1856(c) of this title, in fish processing (as de- negligently and without authorization re- fined in paragraph (4)(A) of such section) move, damage, or tamper with— within the internal waters of a State (as de- (i) fishing gear owned by another person, fined in paragraph (4)(B) of such section); which is located in the exclusive economic zone, or (3) for any vessel of the United States, and (ii) fish contained in such fishing gear; for the owner or operator of any vessel of the United States, to transfer at sea directly or in- (L) to forcibly assault, resist, oppose, im- directly, or attempt to so transfer at sea, any pede, intimidate, sexually harass, bribe, or United States harvested fish to any foreign interfere with any observer on a vessel under fishing vessel, while such foreign vessel is this chapter, or any data collector employed within the exclusive economic zone or within by the National Marine Fisheries Service or the boundaries of any State except to the ex- under contract to any person to carry out tent that the foreign fishing vessel has been responsibilities under this chapter; (M) to engage in large-scale driftnet fish- permitted under section 1824(d) of this title or ing that is subject to the jurisdiction of the section 1856(c) of this title to receive such fish; (4) for any fishing vessel other than a vessel United States, including use of a fishing ves- of the United States to operate, and for the sel of the United States to engage in such owner or operator of a fishing vessel other fishing beyond the exclusive economic zone than a vessel of the United States to operate of any nation; such vessel, in the exclusive economic zone or (N) to strip pollock of its roe and discard within the boundaries of any State, if— the flesh of the pollock; (A) all fishing gear on the vessel is not (O) to knowingly and willfully fail to dis- stored below deck or in an area where it is close, or to falsely disclose, any financial in- not normally used, and not readily avail- terest as required under section 1852(j) of able, for fishing; or this title, or to knowingly vote on a Council (B) all fishing gear on the vessel which is decision in violation of section 1852(j)(7)(A) not so stored is not secured and covered so of this title; or as to render it unusable for fishing; (P)(i) to remove any of the fins of a shark (including the tail) and discard the carcass unless such vessel is authorized to engage in of the shark at sea; fishing in the area in which the vessel is oper- (ii) to have custody, control, or possession ating; and of any such fin aboard a fishing vessel with- (5) for any vessel of the United States, and out the corresponding carcass; or for the owner or operator of any vessel of the (iii) to land any such fin without the cor- United States, to engage in fishing in the wa- responding carcass. ters of a foreign nation in a manner that vio- lates an international fishery agreement be- For purposes of subparagraph (P) there is a re- tween that nation and the United States that buttable presumption that any shark fins has been subject to Congressional oversight in landed from a fishing vessel or found on board the manner described in section 1823 of this a fishing vessel were taken, held, or landed in title, or any regulations issued to implement violation of subparagraph (P) if the total such an agreement; except that the binding weight of shark fins landed or found on board provisions of such agreement and implement- exceeds 5 percent of the total weight of shark ing regulations shall have been published in carcasses landed or found on board. the Federal Register prior to such violation. (2) for any vessel other than a vessel of the United States, and for the owner or operator (Pub. L. 94–265, title III, § 307, Apr. 13, 1976, 90 of any vessel other than a vessel of the United Stat. 355; Pub. L. 95–354, § 5(4), Aug. 28, 1978, 92 States, to engage— Stat. 521; Pub. L. 97–191, § 2, June 1, 1982, 96 Stat. (A) in fishing within the boundaries of any 107; Pub. L. 97–453, § 15(b), Jan. 12, 1983, 96 Stat. State, except— 2492; Pub. L. 99–659, title I, §§ 101(c)(2), 107(a), (i) recreational fishing permitted under Nov. 14, 1986, 100 Stat. 3707, 3713; Pub. L. 100–629, section 1821(i) of this title; § 4, Nov. 7, 1988, 102 Stat. 3286; Pub. L. 101–224, § 8, (ii) fish processing permitted under sec- Dec. 12, 1989, 103 Stat. 1907; Pub. L. 101–627, title tion 1856(c) of this title; or I, § 113, Nov. 28, 1990, 104 Stat. 4453; Pub. L. (iii) transshipment at sea of fish or fish 102–251, title III, § 301(h), Mar. 9, 1992, 106 Stat. 64; products within the boundaries of any Pub. L. 104–297, title I, § 113, title IV, § 405(b)(1), State in accordance with a permit ap- Oct. 11, 1996, 110 Stat. 3597, 3621; Pub. L. 106–557, proved under section 1824(d) of this title; § 3, Dec. 21, 2000, 114 Stat. 2772.) (B) in fishing, except recreational fishing AMENDMENT OF SECTION permitted under section 1821(i) of this title, Pub. L. 102–251, title III, §§ 301(h), 308, Mar. within the exclusive economic zone, or for 9, 1992, 106 Stat. 64, 66, as amended by Pub. L. any anadromous species or Continental 104–297, title IV, § 405(b)(1), Oct. 11, 1996, 110 Shelf fishery resources beyond such zone, Stat. 3621, provided that, effective on the date unless such fishing is authorized by, and on which the Agreement between the United States and the Union of Soviet Socialist Repub- 1 So in original. lics on the Maritime Boundary, signed June 1, Page 1843 TITLE 16—CONSERVATION § 1858

1990, enters into force for the United States, 1990—Par. (1)(K) to (N). Pub. L. 101–627, § 113(a), added with authority to prescribe implementing regu- subpars. (K) to (N). lations effective Mar. 9, 1992, but with no such Par. (5). Pub. L. 101–627, § 113(b), added par. (5). regulation to be effective until the date on 1989—Par. (1)(J). Pub. L. 101–224 added subpar. (J). 1988—Par. (4). Pub. L. 100–629 added par. (4). which the Agreement enters into force for the 1986—Par. (1)(I). Pub. L. 99–659, § 107(a), added subpar. United States, this section is amended: (I). (1) in paragraph (1)(K), by inserting ‘‘or spe- Pars. (2)(B), (3). Pub. L. 99–659, § 101(c)(2), substituted cial areas’’ immediately after ‘‘exclusive eco- ‘‘exclusive economic zone’’ for ‘‘fishery conservation zone’’. nomic zone’’; 1983—Par. (2)(A). Pub. L. 97–453, § 15(b)(A), substituted (2) in paragraph (2)(B), by inserting ‘‘or ‘‘in fishing within the boundaries of any State, except areas’’ immediately after ‘‘such zone’’; recreational fishing permitted under section 1821(j) of (3) in paragraph (3), by inserting ‘‘or special this title’’ for ‘‘in fishing within the boundaries of any areas’’ immediately after ‘‘exclusive economic State’’. zone’’; and Par. (2)(B). Pub. L. 97–453, § 15(b)(B), inserted (4) in paragraph (4), by inserting ‘‘or special ‘‘, except recreational fishing permitted under section areas’’ immediately after ‘‘exclusive economic 1821(j) of this title,’’ after ‘‘in fishing’’. zone’’. 1982—Par. (2). Pub. L. 97–191, § 2(1), struck out ‘‘in fishing’’ in provisions preceding subpar. (A). REFERENCES IN TEXT Par. (2)(A). Pub. L. 97–191, § 2(2), inserted ‘‘in fishing’’ at beginning and struck out ‘‘or’’ at end. The Atlantic Coastal Fisheries Cooperative Manage- Par. (2)(B). Pub. L. 97–191, § 2(3), inserted ‘‘in fishing’’ ment Act, referred to in par. (1)(J)(i), is title VIII of at beginning and substituted ‘‘or’’ for ‘‘and’’ at end. Pub. L. 103–206, Dec. 20, 1993, 107 Stat. 2447, as amended, Par. (2)(C). Pub. L. 97–191, § 2(4), added subpar. (C). which is classified principally to chapter 71 (§ 5101 et 1978—Par. (3). Pub. L. 95–354 added par. (3). seq.) of this title. For complete classification of title VIII to the Code, see Short Title note set out under sec- EFFECTIVE DATE OF 1992 AMENDMENT tion 5101 of this title and Tables. Amendment by Pub. L. 102–251 effective on date on AMENDMENTS which Agreement between United States and Union of 2000—Par. (1). Pub. L. 106–557 added subpar. (P) and Soviet Socialist Republics on the Maritime Boundary, concluding provisions. signed June 1, 1990, enters into force for United States, 1996—Par. (1)(J)(i). Pub. L. 104–297, § 113(a), sub- with authority to prescribe implementing regulations stituted ‘‘plan implemented’’ for ‘‘plan, implemented’’ effective Mar. 9, 1992, but with no such regulation to be and inserted before semicolon at end ‘‘, or in the ab- effective until date on which Agreement enters into sence of any such plan, is smaller than the minimum force for United States, see section 308 of Pub. L. possession size in effect at the time under a coastal 102–251, set out as a note under section 773 of this title. fishery management plan for American lobster adopted EFFECTIVE DATE OF 1982 AMENDMENT by the Atlantic States Marine Fisheries Commission under the Atlantic Coastal Fisheries Cooperative Man- Amendment by Pub. L. 97–191 effective June 1, 1982, agement Act (16 U.S.C. 5101 et seq.)’’. see section 3 of Pub. L. 97–191, set out as a note under Par. (1)(K). Pub. L. 104–297, § 113(b)(2), substituted section 1856 of this title. ‘‘gear;’’ for ‘‘gear,’’ at end of cl. (ii) and struck out concluding provisions which read as follows: ‘‘or to at- EFFECTIVE DATE tempt to do so;’’. Section 312 of Pub. L. 94–265, provided that this sec- Pub. L. 104–297, § 113(b)(1), which directed substitution tion and sections 1858 to 1861 of this title were to take of ‘‘to steal or attempt to steal or to negligently and effect Mar. 1, 1977, prior to the general amendment of without authorization’’ for ‘‘knowingly steal or with- section 312 by Pub. L. 104–297, title I, § 116(a), Oct. 11, out authorization, to’’, was executed by making the 1996, 110 Stat. 3600. See section 1861a of this title. substitution for ‘‘knowingly steal, or without authorization, to’’ to reflect the probable intent of Congress. SECTION REFERRED TO IN OTHER SECTIONS Par. (1)(L). Pub. L. 104–297, § 113(c), amended subpar. This section is referred to in sections 971e, 1821, 1827, (L) generally. Prior to amendment, subpar. (L) read as 1852, 1853, 1858, 1859, 1860, 1861, 3606, 5103, 5158 of this follows: ‘‘to forcibly assault, resist, oppose, impede, in- title. timidate, or interfere with any observer on a vessel under this chapter;’’. Par. (1)(O). Pub. L. 104–297, § 113(d), added subpar. (O). § 1858. Civil penalties and permit sanctions Par. (2)(A). Pub. L. 104–297, § 113(e), amended subpar. (a) Assessment of penalty (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘in fishing within the boundaries of any State, Any person who is found by the Secretary, except recreational fishing permitted under section after notice and an opportunity for a hearing in 1821(j) of this title;’’. accordance with section 554 of title 5, to have Par. (2)(B). Pub. L. 104–297, § 113(f), substituted committed an act prohibited by section 1857 of ‘‘1821(i)’’ for ‘‘1821(j)’’ and ‘‘1824(b), (c), or (d)’’ for this title shall be liable to the United States for ‘‘1824(b) or (c)’’. a civil penalty. The amount of the civil penalty Par. (3). Pub. L. 104–297, § 113(g), amended par. (3) generally. Prior to amendment, par. (3) read as follows: shall not exceed $100,000 for each violation. Each ‘‘for any vessel of the United States, and for the owner day of a continuing violation shall constitute a or operator of any vessel of the United States, to trans- separate offense. The amount of such civil pen- fer directly or indirectly, or attempt to so transfer, any alty shall be assessed by the Secretary, or his United States harvested fish to any foreign fishing ves- designee, by written notice. In determining the sel, while such foreign vessel is within the exclusive amount of such penalty, the Secretary shall economic zone, unless the foreign fishing vessel has take into account the nature, circumstances, ex- been issued a permit under section 1824 of this title tent, and gravity of the prohibited acts commit- which authorizes the receipt by such vessel of United States harvested fish of the species concerned;’’. ted and, with respect to the violator, the degree Par. (4). Pub. L. 104–297, § 113(h), inserted ‘‘or within of culpability, any history of prior offenses, and the boundaries of any State’’ after ‘‘zone’’ in introduc- such other matters as justice may require. In as- tory provisions. sessing such penalty the Secretary may also