16 U.S.C. § 1859
A person is guilty of an offense if he commits any act prohibited by-
Any offense described in subsection (a)(1) 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) is punishable by a fine of not more than $200,000.
There is Federal jurisdiction over any offense described in this section.
16 U.S.C. § 1859
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
AMENDMENTS1990-Subsec. (a)(1). Pub. L. 101-627, §115(a), amended par. (1) generally, substituting "(I), or (L)" for "or (I)". Subsec. (b). Pub. L. 101-627, §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) is punishable by a fine of not more than $100,000".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 97-453, §11(b), Jan. 12, 1983, 96 Stat. 2491, 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 DATESection effective Mar. 1, 1977, see section 312 of Pub. L. 94-265 formerly set out as a note under section 1857 of this title.
- conservation and management
- The term "conservation and management" refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery resource and the marine environment; and (B) which are designed to assure that-(i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis;(ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and(iii) there will be a multiplicity of options available with respect to future uses of these resources.
- fishery
- The term "fishery" means-(A) one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and(B) any fishing for such stocks.
- observer
- The term "observer" means any person required or authorized to be carried on a vessel for conservation and management purposes by regulations or permits under this chapter.
- person
- The term "person" means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government.