§5009 — Title 16 Conservation | U.S. Code

Summary

Makes it illegal for people and U.S. fishing boats to catch or keep anadromous fish in the Convention area, even if they are caught by accident in a fishery for other species. Any accidentally caught anadromous fish must be returned to the sea right away. It is also illegal to move, sell, buy, import, export, or have possession of anadromous fish taken in violation of the Convention or its rules. You must allow enforcement officers to board a vessel for inspections. Attacking, blocking, resisting arrest, helping someone avoid arrest, or otherwise interfering with enforcement of the Convention or its regulations is also illegal.

Title 16, §5009

Conservation — Source: USLM XML via OLRC

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.

Editorial Notes

Codification Title 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 L. 102–587 was repealed by Pub.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.

Amendments

2015—Pars. (5), (6). Pub. L. 114–81 inserted “, investigation,” after “search”.

§5009 Unlawful activities

Summary

Title 16, §5009

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata