§ 1861. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
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.
Transfer of Functions
For 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.
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.
