16 U.S.C. § 5606

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 5606 - Prohibited acts and enforcement

(a) Prohibition

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

(1) to violate any regulation issued under this chapter or any measure that is legally binding on the United States under the Convention;

(2) to refuse to permit any authorized enforcement officer to board a fishing vessel that is subject to the person's control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Convention;

(3) forcibly to assault, resist, oppose, impede, intimidate, or interfere with any authorized enforcement 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 fishery resources taken or retained in violation of this section; or

(6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that the other person has committed an 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. § 5606

Pub. L. 104-43, title II, §207, Nov. 3, 1995, 109 Stat. 379; Pub. L. 105-384, title II, §201(b)(1), Nov. 13, 1998, 112 Stat. 3451; Pub. L. 114-81, title I, §111, Nov. 5, 2015, 129 Stat. 659; Pub. L. 114-327, title V, §506, Dec. 16, 2016, 130 Stat. 1996.

EDITORIAL NOTES

AMENDMENTS2016-Subsec. (a)(5). Pub. L. 114-327 substituted "fishery resources" for "fish". 2015- Pub. L. 114-81, §111(1), in section catchline, substituted "and enforcement" for "and penalties".Subsec. (a)(2), (3). Pub. L. 114-81, §111(2), (3), inserted ",investigation," before "or inspection". Subsecs. (b) to (f). Pub. L. 114-81, §111(4), added subsec. (b) and struck out former subsecs. (b) to (f), which related to civil penalty, criminal penalty, civil forfeitures, enforcement, and jurisdiction of courts. 1998-Subsec. (e). Pub. L. 105-384 substituted "section" for "sections".

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.

Convention

The term "Convention" means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978, and as amended on September 28, 2007.

Secretary

The term "Secretary" means the Secretary of Commerce.

authorized enforcement officer

The term "authorized enforcement officer" means a person authorized to enforce this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Convention.

person

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