
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: 16USC1861]

 
                         TITLE 16--CONSERVATION
 
             CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
 
           SUBCHAPTER IV--NATIONAL FISHERY MANAGEMENT PROGRAM
 
Sec. 1861. Enforcement


(a) Responsibility

    The provisions of this chapter shall be enforced by the Secretary 
and the Secretary of the department in which the Coast Guard is 
operating. Such Secretaries may, by agreement, on a reimbursable basis 
or otherwise, utilize the personnel, services, equipment (including 
aircraft and vessels), and facilities of any other Federal agency, 
including all elements of the Department of Defense, and of any State 
agency, in the performance of such duties.

(b) Powers of authorized officers

    (1) Any officer who is authorized (by the Secretary, the Secretary 
of the department in which the Coast Guard is operating, or the head of 
any Federal or State agency which has entered into an agreement with 
such Secretaries under subsection (a) of this section) to enforce the 
provisions of this chapter may--
        (A) with or without a warrant or other process--
            (i) arrest any person, if he has reasonable cause to believe 
        that such person has committed an act prohibited by section 1857 
        of this title;
            (ii) board, and search or inspect, any fishing vessel which 
        is subject to the provisions of this chapter;
            (iii) seize any fishing vessel (together with its fishing 
        gear, furniture, appurtenances, stores, and cargo) used or 
        employed in, or with respect to which it reasonably appears that 
        such vessel was used or employed in, the violation of any 
        provision of this chapter;
            (iv) seize any fish (wherever found) taken or retained in 
        violation of any provision of this chapter; and
            (v) seize any other evidence related to any violation of any 
        provision of this chapter;

        (B) execute any warrant or other process issued by any court of 
    competent jurisdiction; and
        (C) exercise any other lawful authority.

    (2) Subject to the direction of the Secretary, a person charged with 
law enforcement responsibilities by the Secretary who is performing a 
duty related to enforcement of a law regarding fisheries or other marine 
resources may make an arrest without a warrant for an offense against 
the United States committed in his presence, or for a felony cognizable 
under the laws of the United States, if he has reasonable grounds to 
believe that the person to be arrested has committed or is committing a 
felony. The arrest authority described in the preceding sentence may be 
conferred upon an officer or employee of a State agency, subject to such 
conditions and restrictions as are set forth by agreement between the 
State agency, the Secretary, and, with respect to enforcement operations 
within the exclusive economic zone, the Secretary of the department in 
which the Coast Guard is operating.

(c) Issuance of citations

    If any officer authorized to enforce the provisions of this chapter 
(as provided for in this section) finds that a fishing vessel is 
operating or has been operated in violation of any provision of this 
chapter, such officer may, in accordance with regulations issued jointly 
by the Secretary and the Secretary of the department in which the Coast 
Guard is operating, issue a citation to the owner or operator of such 
vessel in lieu of proceeding under subsection (b) of this section. If a 
permit has been issued pursuant to this chapter for such vessel, such 
officer shall note the issuance of any citation under this subsection, 
including the date thereof and the reason therefor, on the permit. The 
Secretary shall maintain a record of all citations issued pursuant to 
this subsection.

(d) Jurisdiction of courts

    The district courts of the United States shall have exclusive 
jurisdiction over any case or controversy arising under the provisions 
of this chapter. In the case of Guam or any possession of the United 
States in the Pacific Ocean, the appropriate court is the United States 
District Court for the District of Guam, except that in the case of 
American Samoa, the appropriate court is the United States District 
Court for the District of Hawaii, and except that in the case of the 
Northern Mariana Islands, the appropriate court is the United States 
District Court for the District of the Northern Mariana Islands. Any 
such court 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 interest of justice.

(e) Payment of storage, care, and other costs

    (1) Notwithstanding any other provision of law, the Secretary or the 
Secretary of the Treasury may pay from sums received as fines, 
penalties, and forfeitures of property for violations of any provisions 
of this chapter or of any other marine resource law enforced by the 
Secretary, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et 
seq.)--
        (A) the reasonable and necessary costs incurred in providing 
    temporary storage, care, and maintenance of seized fish or other 
    property pending disposition of any civil or criminal proceeding 
    alleging a violation of any provision of this chapter or any other 
    marine resource law enforced by the Secretary with respect to that 
    fish or other property;
        (B) a reward of not less than 20 percent of the penalty 
    collected or $20,000, whichever is the lesser amount, to any person 
    who furnishes information which leads to an arrest, conviction, 
    civil penalty assessment, or forfeiture of property for any 
    violation of any provision of this chapter or any other marine 
    resource law enforced by the Secretary;
        (C) any expenses directly related to investigations and civil or 
    criminal enforcement proceedings, including any necessary expenses 
    for equipment, training, travel, witnesses, and contracting services 
    directly related to such investigations or proceedings;
        (D) any valid liens or mortgages against any property that has 
    been forfeited;
        (E) claims of parties in interest to property disposed of under 
    section 1612(b) of title 19, as made applicable by section 1860(c) 
    of this title or by any other marine resource law enforced by the 
    Secretary, to seizures made by the Secretary, in amounts determined 
    by the Secretary to be applicable to such claims at the time of 
    seizure; and
        (F) reimbursement to any Federal or State agency, including the 
    Coast Guard, for services performed, or personnel, equipment, or 
    facilities utilized, under any agreement with the Secretary entered 
    into pursuant to subsection (a) of this section, or any similar 
    agreement authorized by law.

    (2) Any person found in an administrative or judicial proceeding to 
have violated this chapter or any other marine resource law enforced by 
the Secretary shall be liable for the cost incurred in the sale, 
storage, care, and maintenance of any fish or other property lawfully 
seized in connection with the violation.

(f) Enforcement of Northeast Multispecies Fishery Management Plan

                     (1) Enforcement agreements

        Beginning not later than October 1, 1993, the Secretary shall, 
    if requested by the Governor of a State represented on the New 
    England Fishery Management Council, enter into an agreement under 
    subsection (a) of this section, with each of the States represented 
    on such Council, that authorizes the marine law enforcement agency 
    of such State to perform duties of the Secretary relating to 
    enforcement of the Northeast Multispecies Fishery Management Plan.

                          (2) Reimbursement

        An agreement with a State under this subsection shall provide, 
    subject to the availability of appropriations, for reimbursement of 
    the State for expenses incurred in detection and prosecution of 
    violations of any fishery management plan approved by the Secretary.

              (3) Coast Guard enforcement working group

        (A) Establishment

            The Commander of the First Coast Guard District shall 
        establish an informal fisheries enforcement working group to 
        improve the overall compliance with and effectiveness of the 
        regulations issued under the Northeast Multispecies Fishery 
        Management Plan.

        (B) Membership

            The working group shall consist of members selected by the 
        Commander, and shall include--
                (i) individuals who are representatives of various 
            fishing ports located in the States represented on the New 
            England Fishery Management Council;
                (ii) captains of fishing vessels that operate in waters 
            under the jurisdiction of that Council; and
                (iii) other individuals the Commander considers 
            appropriate.

        (C) Non-Federal status of working group members

            An individual shall not receive any compensation for, and 
        shall not be considered to be a Federal employee based on, 
        membership in the working group.

        (D) Meetings

            The working group shall meet, at the call of the Commander, 
        at least 4 times each year. The meetings shall be held at 
        various major fishing ports in States represented on the New 
        England Fishery Management Council, as specified by the 
        Commander.

                   (4) Use of fines and penalties

        Amounts available to the Secretary under this chapter which are 
    attributable to fines and penalties imposed for violations of the 
    Northeast Multispecies Fishery Management Plan shall be used by the 
    Secretary pursuant to this section to enforce that Plan.

(g) Enforcement in Pacific Insular Areas

    The Secretary, in consultation with the Governors of the Pacific 
Insular Areas and the Western Pacific Council, shall to the extent 
practicable support cooperative enforcement agreements between Federal 
and Pacific Insular Area authorities.

(h) Definitions

    For purposes of this section--
        (1) The term ``provisions of this chapter'' includes (A) any 
    regulation or permit issued pursuant to this chapter, and (B) any 
    provision of, or regulation issued pursuant to, any international 
    fishery agreement under which foreign fishing is authorized by 
    section 1821(b) or (c) of this title, or section 1824(d) of this 
    title, with respect to fishing subject to the exclusive fishery 
    management authority of the United States.
        (2) The term ``violation of any provision of this chapter'' 
    includes (A) the commission of any act prohibited by section 1857 of 
    this title, and (B) the violation of any regulation, permit, or 
    agreement referred to in paragraph (1).

(Pub. L. 94-265, title III, Sec. 311, Apr. 13, 1976, 90 Stat. 358; Pub. 
L. 96-470, title II, Sec. 209(e), Oct. 19, 1980, 94 Stat. 2245; Pub. L. 
97-453, Secs. 13, 15(c), Jan. 12, 1983, 96 Stat. 2491, 2493; Pub. L. 99-
659, title I, Secs. 101(c)(2), 109(b), Nov. 14, 1986, 100 Stat. 3707, 
3714; Pub. L. 101-627, title I, Sec. 117, Nov. 28, 1990, 104 Stat. 4456; 
Pub. L. 102-251, title III, Sec. 301(i), Mar. 9, 1992, 106 Stat. 64; 
Pub. L. 102-567, title IX, Sec. 901, Oct. 29, 1992, 106 Stat. 4316; Pub. 
L. 104-297, title I, Sec. 115, Oct. 11, 1996, 110 Stat. 3599.)

                     Amendment of Subsection (b)(2)

        Pub. L. 102-251, title III, Secs. 301(i), 308, Mar. 9, 1992, 106 
    Stat. 64, 66, 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, subsection (b)(2) is 
    amended by inserting ``and special areas,'' after ``exclusive 
    economic zone''.

                       References in Text

    The Lacey Act Amendments of 1981, referred to in subsec. (e), is 
Pub. L. 97-79, Nov. 16, 1981, 95 Stat. 1073, as amended, which enacted 
chapter 53 (Sec. 3371 et seq.) of this title, amended section 1540 of 
this title and section 42 of Title 18, Crimes and Criminal Procedure, 
repealed sections 667e and 851 to 856 of this title and sections 43, 44, 
3054, and 3112 of Title 18, and enacted provisions set out as notes 
under sections 1540 and 3371 of this title. For complete classification 
of this Act to the Code, see Short Title note set out under section 3371 
of this title and Tables.
    The customs laws, referred to in subsec. (e)(1)(E), are classified 
generally to Title 19, Customs Duties.


                               Amendments

    1996--Subsec. (d). Pub. L. 104-297, Sec. 115(a)(2), inserted ``, and 
except that in the case of the Northern Mariana Islands, the appropriate 
court is the United States District Court for the District of the 
Northern Mariana Islands'' after ``District of Hawaii''.
    Pub. L. 104-297, Sec. 115(a)(1), which directed substitution of 
``Guam or any'' for ``Guam, any Commonwealth, territory, or'', was 
executed by making the substitution for ``Guam, and any Commonwealth, 
territory, or'', to reflect the probable intent of Congress.
    Subsec. (e)(1). Pub. L. 104-297, Sec. 115(b)(1), substituted 
``marine resource law'' for ``fishery resource law'' in introductory 
provisions and in subpars. (A) and (B).
    Subsec. (e)(1)(B). Pub. L. 104-297, Sec. 115(b)(2), inserted ``of 
not less than 20 percent of the penalty collected or $20,000, whichever 
is the lesser amount,'' after ``reward''.
    Subsec. (e)(1)(E). Pub. L. 104-297, Sec. 115(b)(3), added subpar. 
(E) and struck out former subpar. (E) which read as follows: ``claims of 
parties in interest to property disposed of under section 1612(b) of 
title 19 or under other provisions of the customs laws, as made 
applicable by section 1860(c) of this title to seizures made by the 
Secretary under this chapter, in amounts determined by the Secretary to 
be applicable to such claims at the time of seizure; and''.
    Subsec. (e)(2). Pub. L. 104-297, Sec. 115(c), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``Any person 
assessed a civil penalty for, or convicted of, any violation of this 
chapter shall be liable for the cost incurred in storage, care, and 
maintenance of any fish or other property seized in connection with the 
violation.''
    Subsec. (g). Pub. L. 104-297, Sec. 115(d), added subsec. (g). Former 
subsec. (g) redesignated (h).
    Subsec. (h). Pub. L. 104-297, Sec. 115(d), redesignated subsec. (g) 
as (h).
    Subsec. (h)(1). Pub. L. 104-297, Sec. 115(e), which directed 
amendment of subsec. (i)(1) by substituting ``1821(b) or (c) of this 
title, or section 1824(d) of this title,'' for ``1821(b), (c) of this 
title,'', was executed by making the substitution for ``1821(b) or (c) 
of this title'' in subsec. (h)(1) to reflect the probable intent of 
Congress because this section does not contain a subsec. (i).
    1992--Subsecs. (f), (g). Pub. L. 102-567 added subsec. (f) and 
redesignated former subsec. (f) as (g).
    1990--Subsec. (e). Pub. L. 101-627 amended subsec. (e) generally. 
Prior to amendment, subsec. (e) read as follows: ``Notwithstanding any 
other provision of law, after September 30, 1986, the Secretary or the 
Secretary of the Treasury may pay from sums received as fines, 
penalties, or forfeitures of property for violations of any provision of 
this chapter--
        ``(1) the reasonable and necessary costs incurred in providing 
    temporary storage, care, and maintenance of seized fish or other 
    property pending disposition of any civil or criminal proceeding 
    alleging a violation of any provision of this chapter with respect 
    to that fish or other property; and
        ``(2) a reward to any person who furnishes information which 
    leads to an arrest, conviction, civil penalty assessment, or 
    forfeiture of property for any violation of any provision of this 
    chapter.
Any person assessed a civil penalty for, or convicted of, any violation 
of any provision of this chapter shall be liable for the cost incurred 
in storage, care, and maintenance of any fish or other property seized 
in connection with the violation concerned.''
    1986--Subsec. (b)(2). Pub. L. 99-659, Sec. 101(c)(2), substituted 
``exclusive economic zone'' for ``fishery conservation zone''.
    Subsecs. (e), (f). Pub. L. 99-659, Sec. 109(b), added subsec. (e) 
and redesignated former subsec. (e) as (f).
    1983--Subsec. (a). Pub. L. 97-453, Sec. 15(c), struck out provision 
that the Secretaries were to report annually on June 30, to each 
committee of the Congress listed in section 1823(b) of this title and to 
the Councils, on the degree and extent of known and estimated compliance 
with the provisions of this chapter during the preceding calendar year.
    Subsec. (b)(1). Pub. L. 97-453, Sec. 13(1), designated existing 
provisions as par. (1).
    Subsec. (b)(1)(A). Pub. L. 97-453, Sec. 13(2), (3), redesignated 
former par. (1) as subpar. (A) and, in subpar. (A) as redesignated, 
redesignated former subpars. (A) to (E) as cls. (i) to (v), 
respectively.
    Subsec. (b)(1)(B), (C). Pub. L. 97-453, Sec. 13(2), redesignated 
former pars. (2) and (3) as subpars. (B) and (C), respectively.
    Subsec. (b)(2). Pub. L. 97-453, Sec. 13(4), added par. (2).
    1980--Subsec. (a). Pub. L. 96-470 substituted ``annually on June 
30'' for ``semiannually'' and inserted ``during the preceding calendar 
year'' after ``with the provisions of this chapter''.


                    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

    Section effective Mar. 1, 1977, see section 312 of Pub. L. 94-265, 
formerly set out as a note under section 1857 of this title.


   Agreement To Make More Effective Enforcement of Domestic Laws and 
                        International Agreements

    Pub. L. 102-582, title II, Sec. 202, Nov. 2, 1992, 106 Stat. 4905, 
provided that not later than six months after Nov. 2, 1992, the 
Secretary of the department in which the Coast Guard is operating, the 
Secretary of Commerce, and the Secretary of Defense were to enter into 
an agreement under subsec. (a) of this section to make more effective 
the enforcement of domestic laws and international agreements that 
conserve and manage living marine resources of the United States.

                  Section Referred to in Other Sections

    This section is referred to in sections 1821, 1824, 1857, 1859, 
1860, 3607, 3637, 5103, 5106, 5154, 5158, 5606 of this title.
