§3606 — Title 16 Conservation | U.S. Code

Summary

Anyone or any vessel under U.S. jurisdiction must not do directed fishing for salmon more than 12 miles from the baselines, in the Atlantic Ocean north of 36° north latitude. They also must not break any rule of the Convention, this chapter, or any regulation made under this chapter. If someone breaks these rules, they can be fined under section 308 of the Act of 1976 (16 U.S.C. 1858) as if they had violated section 307 of that Act. They can also be criminally charged under section 309 of the Act of 1976 (16 U.S.C. 1859) as if they had violated section 307(1)(D), (E), (F), or (H). Any vessel used, and any fish taken or kept (or their fair market value), can be seized under section 310 of the Act of 1976 (16 U.S.C. 1860) as if they were involved in a section 307 violation.

Title 16, §3606

Conservation — Source: USLM XML via OLRC

(a)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)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)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).

Notes & Related Subsidiaries

Editorial Notes

Amendments

1983—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.

§3606 Violations and penalties

Summary

Title 16, §3606

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata