§ 1859. — Criminal offenses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1859]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER IV--NATIONAL FISHERY MANAGEMENT PROGRAM
Sec. 1859. Criminal offenses
(a) Offenses
A person is guilty of an offense if he commits any act prohibited
by--
(1) section 1857(1)(D), (E), (F), (H), (I), or (L) of this
title; or
(2) section 1857(2) of this title.
(b) Punishment
Any offense described in subsection (a)(1) of this section is
punishable by a fine of not more than $100,000, or imprisonment for not
more than 6 months, or both; except that if in the commission of any
such offense the person uses a dangerous weapon, engages in conduct that
causes bodily injury to any observer described in section 1857(1)(L) of
this title or any officer authorized to enforce the provisions of this
chapter (as provided for in section 1861 of this title), or places any
such observer or officer in fear of imminent bodily injury, the offense
is punishable by a fine of not more than $200,000, or imprisonment for
not more than 10 years, or both. Any offense described in subsection
(a)(2) of this section is punishable by a fine of not more than
$200,000.
(c) Jurisdiction
There is Federal jurisdiction over any offense described in this
section.
(Pub. L. 94-265, title III, Sec. 309, Apr. 13, 1976, 90 Stat. 357; Pub.
L. 97-453, Sec. 11(a), Jan. 12, 1983, 96 Stat. 2491; Pub. L. 99-659,
title I, Sec. 107(b), Nov. 14, 1986, 100 Stat. 3713; Pub. L. 100-66,
Sec. 2, July 10, 1987, 101 Stat. 384; Pub. L. 101-627, title I,
Sec. 115, Nov. 28, 1990, 104 Stat. 4455.)
Amendments
1990--Subsec. (a)(1). Pub. L. 101-627, Sec. 115(a), amended par. (1)
generally, substituting ``(I), or (L)'' for ``or (I)''.
Subsec. (b). Pub. L. 101-627, Sec. 115(b), substituted ``$100,000''
for ``$50,000'', substituted ``$200,000'' for ``$100,000'' in two
places, and inserted ``any observer described in section 1857(1)(L) of
this title or'' after ``injury to'' and ``observer or'' before ``officer
in fear''.
1987--Subsec. (a)(1). Pub. L. 100-66 substituted ``(I)'' for
``(J)''.
1986--Subsec. (a)(1). Pub. L. 99-659 substituted ``(H), or (J)'' for
``or (H)''.
1983--Subsec. (b). Pub. L. 97-453 struck out ``, or imprisonment for
not more than 1 year, or both'' after ``subsection (a)(2) of this
section is punishable by a fine of not more than $100,000''.
Effective Date of 1983 Amendment
Section 11(b) of Pub. L. 97-453 provided that: ``The amendment made
by subsection (a) [amending this section] applies with respect to
offenses committed under section 309 [this section] on or after the date
of the enactment of this Act [Jan. 12, 1983].''
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.
Section Referred to in Other Sections
This section is referred to in sections 1853, 3606, 3637, 5103,
5106, 5158, 5606 of this title; title 46 App. section 1273a.
