§ 5606. — 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: 16USC5606]
TITLE 16--CONSERVATION
CHAPTER 76--NORTHWEST ATLANTIC FISHERIES CONVENTION
Sec. 5606. Prohibited acts and penalties
(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 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 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 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) 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, or may be subject to a permit sanction, under section 1858 of
this title.
(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 under section 1859(b) of this title.
(d) Civil forfeitures
(1) In general
Any vessel (including its gear, furniture, appurtenances,
stores, and cargo) used in the commission of an act that is unlawful
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 that is
unlawful under subsection (a) of this section, shall be subject to
seizure and forfeiture as provided in section 1860 of this title.
(2) Disposal of fish
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 regulations issued by the
Secretary.
(e) Enforcement
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 specified in section 1861(a), (b)(1), and (c)
of this title for that purpose.
(f) Jurisdiction of courts
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 interests of justice.
(Pub. L. 104-43, title II, Sec. 207, Nov. 3, 1995, 109 Stat. 379; Pub.
L. 105-384, title II, Sec. 201(b)(1), Nov. 13, 1998, 112 Stat. 3451.)
Amendments
1998--Subsec. (e). Pub. L. 105-384 substituted ``section'' for
``sections''.
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.
