16 U.S.C. § 3637

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 3637 - Prohibited acts and penalties

(a) Unlawful acts

It is unlawful for any person or vessel subject to the jurisdiction of the United States-

(1) to violate any provision of this chapter, or of any regulation adopted hereunder, or of any Fraser River Panel regulation approved by the United States under the Treaty;

(2) 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 purposes of conducting any search, investigation, or inspection in connection with the enforcement of this chapter;

(3) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection described in paragraph (2);

(4) to resist a lawful arrest for any act prohibited by this section;

(5) 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;

(6) 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.

(b) Additional prohibitions and enforcement

For additional prohibitions relating to this chapter and enforcement of this chapter, see section 1826g of this title.

16 U.S.C. § 3637

Pub. L. 99-5, §8, Mar. 15, 1985, 99 Stat. 12; Pub. L. 114-81, title I, §104, Nov. 5, 2015, 129 Stat. 657.

EDITORIAL NOTES

AMENDMENTS2015-Subsec. (a)(2). Pub. L. 114-81, §104(1)(B), made technical amendment to reference in original act which appears in text as reference to "this chapter". Pub. L. 114-81, §104(1)(A), inserted ",investigation," after "search".Subsec. (a)(3). Pub. L. 114-81, §104(2), inserted ",investigation," after "search" and substituted "paragraph (2);" for "subparagraph (2);".Subsec. (a)(5). Pub. L. 114-81, §104(3), made technical amendment to reference in original act which appears as a reference to "this chapter" and struck out "or" at end.Subsecs. (b) to (f). Pub. L. 114-81, §104(4), added subsec. (b) and struck out former subsecs. (b) to (f), which related to civil penalty, criminal penalty, forfeiture, enforcement authority, and jurisdiction.

STATUTORY NOTES AND RELATED SUBSIDIARIES

TRANSFER OF FUNCTIONSFor transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Panel

"Panel" means any of the Panels established by the Treaty;

Secretary

"Secretary" means the Secretary of Commerce;

Treaty

"Treaty" means the Treaty between the Government of the United States of America and the Government of Canada Concerning Pacific Salmon, signed at Ottawa, January 28, 1985;

person

"person" means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State);