§ 3637. — Prohibited acts and penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3637]
TITLE 16--CONSERVATION
CHAPTER 56A--PACIFIC SALMON FISHING
Sec. 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 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 or inspection described in subparagraph (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; or
(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) Civil penalty
Any person who commits any act that is unlawful under subsection (a)
of this section shall be liable to the United States for a civil penalty
as provided by section 308 of the Magnuson Act (16 U.S.C. 1858).
(c) Criminal penalty
Any person who commits an act that is unlawful under paragraph (2),
(3), (4), or (6) of subsection (a) of this section shall be guilty of an
offense punishable as provided by section 309(b) of the Magnuson Act (16
U.S.C. 1859(b)).
(d) Forfeiture
(1) Any vessel (including its gear, furniture, appurtenances,
stores, and cargo) used in the commission of an act which is prohibited
under subsection (a) of this section, and any fish (or the fair market
value thereof) taken or retained, in any manner, in connection with or
as a result of the commission of any act which is prohibited by
subsection (a) of this section, shall be subject to forfeiture as
provided by section 310 of the Magnuson Act (16 U.S.C. 1860).
(2) Any fish seized pursuant to this chapter may be disposed of
pursuant to the order of a court of competent jurisdiction or, if
perishable, in a manner prescribed by regulation of the Secretary.
(e) Enforcement authority
The Secretary and the Secretary of the Department in which the Coast
Guard is operating shall enforce the provisions of this chapter and
shall have the authority provided by subsections 311(a), (b)(1), and (c)
of the Magnuson Act (16 U.S.C. 1861(a), (b)(1), and (c)).
(f) Jurisdiction
The district courts of the United States shall have exclusive
jurisdiction over any case or controversy arising under this section and
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.
(Pub. L. 99-5, Sec. 8, Mar. 15, 1985, 99 Stat. 12.)
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.
