16 U.S.C. § 5505

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 5505 - Unlawful activities

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

(1) to use a high seas fishing vessel on the high seas in contravention of international conservation and management measures described in section 5504(e) of this title;

(2) to use a high seas fishing vessel on the high seas, unless the vessel has on board a valid permit issued under section 5503 of this title;

(3) to use a high seas fishing vessel in violation of the conditions or restrictions of a permit issued under section 5503 of this title;

(4) to falsify any information required to be reported, communicated, or recorded pursuant to this chapter or any regulation issued under this chapter, or to fail to submit in a timely fashion any required information, or to fail to report to the Secretary immediately any change in circumstances that has the effect of rendering any such information false, incomplete, or misleading;

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

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

(7) to resist a lawful arrest or detention 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;

(9) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any living marine resource taken or retained in violation of this chapter or any regulation or permit issued under this chapter; or

(10) to violate any provision of this chapter or any regulation or permit issued under this chapter.

16 U.S.C. § 5505

Pub. L. 104-43, title I, §106, Nov. 3, 1995, 109 Stat. 371.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective 120 days after Nov. 3, 1995, see section 111 of Pub. L. 104-43 set out as a note under section 5501 of this title.

Secretary: The term "Secretary" means the Secretary of Commerce.
high seas fishing vessel: The term "high seas fishing vessel" means any vessel of the United States or subject to the jurisdiction of the United States used or intended for use-(A) on the high seas;(B) for the purpose of the commercial exploitation of living marine resources; and(C) as a harvesting vessel, as a mother ship, or as any other support vessel directly engaged in a fishing operation.
high seas: The term "high seas" means the waters beyond the territorial sea or exclusive economic zone (or the equivalent) of any nation, to the extent that such territorial sea or exclusive economic zone (or the equivalent) is recognized by the United States.
international conservation and management measures: The term "international conservation and management measures" means measures to conserve or manage one or more species of living marine resources that are adopted and applied in accordance with the relevant rules of international law, as reflected in the 1982 United Nations Convention on the Law of the Sea, and that are recognized by the United States. Such measures may be adopted by global, regional, or sub-regional fisheries organizations, subject to the rights and obligations of their members, or by treaties or other international agreements.
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.