16 U.S.C. § 5009

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

Section 5009 - Unlawful activities

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

(1) to fish for any anadromous fish in the Convention area;

(2) to retain on board any anadromous fish taken incidentally in a fishery directed at nonanadromous fish in the Convention area;

(3) to fail to return immediately to the sea any anadromous fish taken incidentally in a fishery directed at nonanadromous fish in the Convention area;

(4) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any anadromous fish taken or retained in violation of the Convention, this chapter, or any regulation issued under this chapter;

(5) to refuse to permit any enforcement officer to board a fishing vessel subject to such person's control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of the Convention, this chapter, or any regulation issued under this chapter;

(6) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any enforcement officer in the conduct of any search, investigation, or inspection described in paragraph (5);

(7) to resist a lawful arrest or detection for any act prohibited by this section;

(8) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing that such person has committed any act prohibited by this section; or

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

16 U.S.C. § 5009

Pub. L. 102-567, title VIII, §810, Oct. 29, 1992, 106 Stat. 4313; Pub. L. 102-587, title VIII, §80108010,, 106 Stat. 5103; Pub. L. 106-562, title III, §304(a), Dec. 23, 2000, 114 Stat. 2806; Pub. L. 114-81, title I, §103(a), Nov. 5, 2015, 129 Stat. 657.

EDITORIAL NOTES

CODIFICATIONTitle VIII of Pub. L. 102-567 and Pub. L. 102-587 enacted substantially identical sections. Title VIII of Pub. L. 102-587 was repealed by Pub. L. 106-562.

AMENDMENTS2015-Pars. (5), (6). Pub. L. 114-81 inserted ", investigation," after "search".

Anadromous fish: "Anadromous fish" means fish of the species listed in the Annex to the Convention that migrate into the Convention area.
Convention area: "Convention area" means the waters of the North Pacific Ocean and its adjacent seas, north of 33 degrees North Latitude,1 beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.
Convention: "Convention" means the Convention for the Conservation of Anadromous Stocks of the North Pacific Ocean, signed in Moscow, February 11, 1992.
Enforcement officer: "Enforcement officer" means a law enforcement official authorized by any Party to enforce this chapter.
Fish: "Fish" means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds.
Fishing vessel: "Fishing vessel" means-(A) any vessel engaged in catching fish within the Convention area or in processing or transporting fish loaded in the Convention area;(B) any vessel outfitted to engage in any activity described in subparagraph (A);(C) any vessel supporting a vessel described in subparagraph (A) or (B).