
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1857]

 
                         TITLE 16--CONSERVATION
 
             CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
 
           SUBCHAPTER IV--NATIONAL FISHERY MANAGEMENT PROGRAM
 
Sec. 1857. Prohibited acts

    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--
---------------------------------------------------------------------------
    \1\ So in original.
---------------------------------------------------------------------------
                (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; or
            (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.

    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.

(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.)

                          Amendment of Section

        Pub. L. 102-251, title III, Secs. 301(h), 308, Mar. 9, 1992, 106 
    Stat. 64, 66, as amended by Pub. L. 104-297, title IV, 
    Sec. 405(b)(1), Oct. 11, 1996, 110 Stat. 3621, provided that, 
    effective on the date on which the Agreement between the United 
    States and the Union of Soviet Socialist Republics on the Maritime 
    Boundary, signed June 1, 1990, enters into force for the United 
    States, with authority to prescribe implementing regulations 
    effective Mar. 9, 1992, but with no such regulation to be effective 
    until the date on which the Agreement enters into force for the 
    United States, this section is amended:

        (1) in paragraph (1)(K), by inserting ``or special areas'' 
    immediately after ``exclusive economic zone'';
        (2) in paragraph (2)(B), by inserting ``or areas'' immediately 
    after ``such zone'';
        (3) in paragraph (3), by inserting ``or special areas'' 
    immediately after ``exclusive economic zone''; and
        (4) in paragraph (4), by inserting ``or special areas'' 
    immediately after ``exclusive economic zone''.

                       References in Text

    The Atlantic Coastal Fisheries Cooperative Management Act, referred 
to in par. (1)(J)(i), is title VIII of Pub. L. 103-206, Dec. 20, 1993, 
107 Stat. 2447, as amended, which is classified principally to chapter 
71 (Sec. 5101 et seq.) of this title. For complete classification of 
title VIII to the Code, see Short Title note set out under section 5101 
of this title and Tables.


                               Amendments

    2000--Par. (1). Pub. L. 106-557 added subpar. (P) and concluding 
provisions.
    1996--Par. (1)(J)(i). Pub. L. 104-297, Sec. 113(a), substituted 
``plan implemented'' for ``plan, implemented'' and inserted before 
semicolon at end ``, 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.)''.
    Par. (1)(K). Pub. L. 104-297, Sec. 113(b)(2), substituted ``gear;'' 
for ``gear,'' at end of cl. (ii) and struck out concluding provisions 
which read as follows: ``or to attempt to do so;''.
    Pub. L. 104-297, Sec. 113(b)(1), which directed substitution of ``to 
steal or attempt to steal or to negligently and without authorization'' 
for ``knowingly steal or without authorization, to'', was executed by 
making the substitution for ``knowingly steal, or without authorization, 
to'' to reflect the probable intent of Congress.
    Par. (1)(L). Pub. L. 104-297, Sec. 113(c), amended subpar. (L) 
generally. Prior to amendment, subpar. (L) read as follows: ``to 
forcibly assault, resist, oppose, impede, intimidate, or interfere with 
any observer on a vessel under this chapter;''.
    Par. (1)(O). Pub. L. 104-297, Sec. 113(d), added subpar. (O).
    Par. (2)(A). Pub. L. 104-297, Sec. 113(e), amended subpar. (A) 
generally. Prior to amendment, subpar. (A) read as follows: ``in fishing 
within the boundaries of any State, except recreational fishing 
permitted under section 1821(j) of this title;''.
    Par. (2)(B). Pub. L. 104-297, Sec. 113(f), substituted ``1821(i)'' 
for ``1821(j)'' and ``1824(b), (c), or (d)'' for ``1824(b) or (c)''.
    Par. (3). Pub. L. 104-297, Sec. 113(g), amended par. (3) generally. 
Prior to amendment, par. (3) read as follows: ``for any vessel of the 
United States, and for the owner or operator of any vessel of the United 
States, to transfer directly or indirectly, or attempt to so transfer, 
any United States harvested fish to any foreign fishing vessel, while 
such foreign vessel is within the exclusive economic zone, unless the 
foreign fishing vessel has been issued a permit under section 1824 of 
this title which authorizes the receipt by such vessel of United States 
harvested fish of the species concerned;''.
    Par. (4). Pub. L. 104-297, Sec. 113(h), inserted ``or within the 
boundaries of any State'' after ``zone'' in introductory provisions.
    1990--Par. (1)(K) to (N). Pub. L. 101-627, Sec. 113(a), added 
subpars. (K) to (N).
    Par. (5). Pub. L. 101-627, Sec. 113(b), added par. (5).
    1989--Par. (1)(J). Pub. L. 101-224 added subpar. (J).
    1988--Par. (4). Pub. L. 100-629 added par. (4).
    1986--Par. (1)(I). Pub. L. 99-659, Sec. 107(a), added subpar. (I).
    Pars. (2)(B), (3). Pub. L. 99-659, Sec. 101(c)(2), substituted 
``exclusive economic zone'' for ``fishery conservation zone''.
    1983--Par. (2)(A). Pub. L. 97-453, Sec. 15(b)(A), substituted ``in 
fishing within the boundaries of any State, except recreational fishing 
permitted under section 1821(j) of this title'' for ``in fishing within 
the boundaries of any State''.
    Par. (2)(B). Pub. L. 97-453, Sec. 15(b)(B), inserted ``, except 
recreational fishing permitted under section 1821(j) of this title,'' 
after ``in fishing''.
    1982--Par. (2). Pub. L. 97-191, Sec. 2(1), struck out ``in fishing'' 
in provisions preceding subpar. (A).
    Par. (2)(A). Pub. L. 97-191, Sec. 2(2), inserted ``in fishing'' at 
beginning and struck out ``or'' at end.
    Par. (2)(B). Pub. L. 97-191, Sec. 2(3), inserted ``in fishing'' at 
beginning and substituted ``or'' for ``and'' at end.
    Par. (2)(C). Pub. L. 97-191, Sec. 2(4), added subpar. (C).
    1978--Par. (3). Pub. L. 95-354 added par. (3).


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-251 effective on date on which Agreement 
between United States and Union of Soviet Socialist Republics on the 
Maritime Boundary, signed June 1, 1990, enters into force for United 
States, with authority to prescribe implementing regulations effective 
Mar. 9, 1992, but with no such regulation to be effective until date on 
which Agreement enters into force for United States, see section 308 of 
Pub. L. 102-251, set out as a note under section 773 of this title.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-191 effective June 1, 1982, see section 3 of 
Pub. L. 97-191, set out as a note under section 1856 of this title.


                             Effective Date

    Section 312 of Pub. L. 94-265, provided that this section and 
sections 1858 to 1861 of this title were to take effect Mar. 1, 1977, 
prior to the general amendment of section 312 by Pub. L. 104-297, title 
I, Sec. 116(a), Oct. 11, 1996, 110 Stat. 3600. See section 1861a of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 971e, 1821, 1827, 1852, 
1853, 1858, 1859, 1860, 1861, 3606, 5103, 5158 of this title.
