16 U.S.C. § 3606

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]

Section 3606 - Violations and penalties

(a) Directed fishing for salmon; Convention, rules and regulations

It is unlawful for any person, or any vessel, subject to the jurisdiction of the United States-

(1) to conduct directed fishing for salmon in waters seaward of twelve miles from the baselines from which the breadths of territorial seas are measured, in waters of the Atlantic Ocean north of 36 degrees north latitude; or

(2) to violate any provision of the Convention or this chapter, or of any regulation promulgated under this chapter.

(b) Civil and criminal penalties

Any person who commits any act that is unlawful under subsection (a) of this section shall-

(1) be liable to the United States for a civil penalty under section 308 of the Act of 1976 ( 16 U.S.C. 1858 ) to the same extent as if such act were an act prohibited under section 307 of the Act of 1976 ( 16 U.S.C. 1857 ); and

(2) be guilty of an offense under section 309 of the Act of 1976 ( 16 U.S.C. 1859 ) to the same extent as if such act were an act prohibited by section 307(1)(D), (E), (F), or (H) of the Act of 1976 ( 16 U.S.C. 1857(1)(D), (E), (F), or (H) ).

(c) Civil forfeiture of vessel

Any vessel used, and any fish (or the fair market value thereof) taken or retained in any manner, in connection with or as the result of the commission of an act which is unlawful under subsection (a) of this section shall be subject to civil forfeiture under section 310 of the Act of 1976 ( 16 U.S.C. 1860 ) to the same extent as if such vessel was used in, or such fish was taken or retained in connection with or as the result of, the commission of an act prohibited by section 307 of the Act of 1976 ( 16 U.S.C. 1857 ).

16 U.S.C. § 3606

Pub. L. 97-389, title III, §307, Dec. 29, 1982, 96 Stat. 1953; Pub. L. 98-44, title I, §102(2), July 12, 1983, 97 Stat. 216.

EDITORIAL NOTES

AMENDMENTS1983-Subsec. (c). Pub. L. 98-44 inserted provision that any fish, or the fair market value thereof, taken or retained in connection with or as the result of the commission of an act unlawful under subsection (a) of this section shall be subject to civil forfeitures under section 1860 of this title to the same extent as if such fish was taken or retained in connection with or as the result of the commission of an act prohibited by section 1857 of this title.

Act of 1976: "Act of 1976" means the Act entitled "An Act to provide for the conservation and management of the fisheries, and for other purposes", approved April 13, 1976 ( 16 U.S.C. 1801 et seq.);
Commission: "Commission" means any of the Commissions of the Organization that are established by the Convention;
Convention: "Convention" means the Convention for the Conservation of Salmon in the North Atlantic Ocean, signed at Reykjavik, Iceland, on March 2, 1982;
salmon: "salmon" means all species of salmon which migrate in or into the waters of the Atlantic Ocean north of 36 degrees north latitude.1 See References in Text note below.