CITE

    16 USC Sec. 1857                                            01/05/2009

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
    SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

HEAD

    Sec. 1857. Prohibited acts

STATUTE

      It is unlawful -
        (1) for any person -
          (A) to violate any provision of this chapter or any
        regulation or permit issued pursuant to this chapter;
          (B) 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;
          (C) to violate any provision of, or regulation under, an
        applicable governing international fishery agreement entered
        into pursuant to section 1821(c) of this title;
          (D) to refuse to permit any officer authorized to enforce the
        provisions of this chapter (as provided for in section 1861 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 chapter or any
        regulation, permit, or agreement referred to in subparagraph
        (A) or (C);
          (E) 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 (D);
          (F) to resist a lawful arrest for any act prohibited by this
        section;
          (G) 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 subparagraph
        (A) or (C);
          (H) 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;
          (I) to knowingly and willfully submit to a Council, the
        Secretary, or the Governor of a State false information
        (including, but not limited to, 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 fishing vessels of the
        United States) regarding any matter that the Council,
        Secretary, or Governor is considering in the course of carrying
        out this chapter;
          (J) to ship, transport, offer for sale, sell, or purchase, in
        interstate or foreign commerce, any whole live lobster of the
        species Homarus americanus, that -
            (i) is smaller than the minimum possession size in effect
          at the time under the American Lobster Fishery Management
          Plan, as implemented by regulations published in part 649 of
          title 50, Code of Federal Regulations, or any successor to
          that plan implemented under this subchapter, or in the
          absence of any such plan, is smaller than the minimum
          possession size in effect at the time under a coastal fishery
          management plan for American lobster adopted by the Atlantic
          States Marine Fisheries Commission under the Atlantic Coastal
          Fisheries Cooperative Management Act (16 U.S.C. 5101 et
          seq.);
            (ii) is bearing eggs attached to its abdominal appendages;
          or
            (iii) bears evidence of the forcible removal of extruded
          eggs from its abdominal appendages;
          (K) to to (!1) steal or attempt to steal or to negligently
        and without authorization remove, damage, or tamper with -
            (i) fishing gear owned by another person, which is located
          in the exclusive economic zone, or
            (ii) fish contained in such fishing gear;
          (L) 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;
          (M) to engage in large-scale driftnet fishing that is subject
        to the jurisdiction of the United States, including use of a
        fishing vessel of the United States to engage in such fishing
        beyond the exclusive economic zone of any nation;
          (N) to strip pollock of its roe and discard the flesh of the
        pollock;
          (O) to knowingly and willfully fail to disclose, or to
        falsely disclose, any financial interest as required under
        section 1852(j) of this title, or to knowingly vote on a
        Council decision in violation of section 1852(j)(7)(A) of this
        title;
          (P)(i) to remove any of the fins of a shark (including the
        tail) and discard the carcass of the shark at sea;
          (ii) to have custody, control, or possession of any such fin
        aboard a fishing vessel without the corresponding carcass; or
          (iii) to land any such fin without the corresponding carcass;
          (Q) to import, export, transport, sell, receive, acquire, or
        purchase in interstate or foreign commerce any fish taken,
        possessed, transported, or sold in violation of any foreign law
        or regulation; or
          (R) to use any fishing vessel to engage in fishing in Federal
        or State waters, or on the high seas or in the waters of
        another country, after the Secretary has made a payment to the
        owner of that fishing vessel under section 1861a(b)(2) of this
        title.
      For purposes of subparagraph (P) there is a rebuttable
      presumption that any shark fins landed from a fishing vessel or
      found on board a fishing vessel were taken, held, or landed in
      violation of subparagraph (P) if the total weight of shark fins
      landed or found on board exceeds 5 percent of the total weight of
      shark carcasses landed or found on board.
        (2) for any vessel other than a vessel of the United States,
      and for the owner or operator of any vessel other than a vessel
      of the United States, to engage -
          (A) in fishing within the boundaries of any State, except -
            (i) recreational fishing permitted under section 1821(i) of
          this title;
            (ii) fish processing permitted under section 1856(c) of
          this title; or
            (iii) transshipment at sea of fish or fish products within
          the boundaries of any State in accordance with a permit
          approved under section 1824(d) of this title;
          (B) in fishing, except recreational fishing permitted under
        section 1821(i) of this title, within the exclusive economic
        zone, or for any anadromous species or Continental Shelf
        fishery resources beyond such zone, unless such fishing is
        authorized by, and conducted in accordance with, a valid and
        applicable permit issued pursuant to section 1824(b), (c), or
        (d) of this title; or
          (C) except as permitted under section 1856(c) of this title,
        in fish processing (as defined in paragraph (4)(A) of such
        section) within the internal waters of a State (as defined in
        paragraph (4)(B) of such section);
        (3) for any vessel of the United States, and for the owner or
      operator of any vessel of the United States, to transfer at sea
      directly or indirectly, or attempt to so transfer at sea, any
      United States harvested fish to any foreign fishing vessel, while
      such foreign vessel is within the exclusive economic zone or
      within the boundaries of any State except to the extent that the
      foreign fishing vessel has been permitted under section 1824(d)
      of this title or section 1856(c) of this title to receive such
      fish;
        (4) for any fishing vessel other than a vessel of the United
      States to operate, and for the owner or operator of a fishing
      vessel other than a vessel of the United States to operate such
      vessel, in the exclusive economic zone or within the boundaries
      of any State, if -
          (A) all fishing gear on the vessel is not stored below deck
        or in an area where it is not normally used, and not readily
        available, for fishing; or
          (B) all fishing gear on the vessel which is not so stored is
        not secured and covered so as to render it unusable for
        fishing;
      unless such vessel is authorized to engage in fishing in the area
      in which the vessel is operating; and
        (5) for any vessel of the United States, and for the owner or
      operator of any vessel of the United States, to engage in fishing
      in the waters of a foreign nation in a manner that violates an
      international fishery agreement between that nation and the
      United States that has been subject to Congressional oversight in
      the manner described in section 1823 of this title, or any
      regulations issued to implement such an agreement; except that
      the binding provisions of such agreement and implementing
      regulations shall have been published in the Federal Register
      prior to such violation.

SOURCE

    (Pub. L. 94-265, title III, Sec. 307, Apr. 13, 1976, 90 Stat. 355;
    Pub. L. 95-354, Sec. 5(4), Aug. 28, 1978, 92 Stat. 521; Pub. L. 97-
    191, Sec. 2, June 1, 1982, 96 Stat. 107; Pub. L. 97-453, Sec.
    15(b), Jan. 12, 1983, 96 Stat. 2492; Pub. L. 99-659, title I, Secs.
    101(c)(2), 107(a), Nov. 14, 1986, 100 Stat. 3707, 3713; Pub. L. 100-
    629, Sec. 4, Nov. 7, 1988, 102 Stat. 3286; Pub. L. 101-224, Sec.
    8, Dec. 12, 1989, 103 Stat. 1907; Pub. L. 101-627, title I, Sec.
    113, Nov. 28, 1990, 104 Stat. 4453; Pub. L. 102-251, title III,
    Sec. 301(h), Mar. 9, 1992, 106 Stat. 64; Pub. L. 104-297, title I,
    Sec. 113, title IV, Sec. 405(b)(1), Oct. 11, 1996, 110 Stat. 3597,
    3621; Pub. L. 106-557, Sec. 3, Dec. 21, 2000, 114 Stat. 2772; Pub.
    L. 109-479, title I, Sec. 118, Jan. 12, 2007, 120 Stat. 3607.)
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