§1859 — Title 16 Conservation | U.S. Code

Summary

Committing any act listed in 1857(1)(D), (E), (F), (H), (I), or (L), or any act listed in 1857(2), is a crime. If the act is one of the 1857(1) items the basic penalty is up to $100,000 fine, up to 6 months in jail, or both. If a dangerous weapon is used, or a certain observer named in 1857(1)(L) or an officer who enforces this chapter (see section 1861) is hurt or threatened, the penalty rises to up to $200,000 fine, up to 10 years in prison, or both. Acts under 1857(2) can be punished by up to a $200,000 fine. The federal government can prosecute these offenses.

Title 16, §1859

Conservation — Source: USLM XML via OLRC

(a)A person is guilty of an offense if he commits any act prohibited by—

(1)section 1857(1)(D), (E), (F), (H), (I), or (L) of this title; or

(2)section 1857(2) of this title.

(b)Any offense described in subsection (a)(1) is punishable by a fine of not more than $100,000, or imprisonment for not more than 6 months, or both; except that if in the commission of any such offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any observer described in section 1857(1)(L) of this title or any officer authorized to enforce the provisions of this chapter (as provided for in section 1861 of this title), or places any such observer or officer in fear of imminent bodily injury, the offense is punishable by a fine of not more than $200,000, or imprisonment for not more than 10 years, or both. Any offense described in subsection (a)(2) is punishable by a fine of not more than $200,000.

(c)There is Federal jurisdiction over any offense described in this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1801 of this title and Tables.

Amendments

1990—Subsec. (a)(1). Pub. L. 101–627, § 115(a), amended par. (1) generally, substituting “(I), or (L)” for “or (I)”. Subsec. (b). Pub. L. 101–627, § 115(b), substituted “$100,000” for “$50,000”, substituted “$200,000” for “$100,000” in two places, and inserted “any observer described in section 1857(1)(L) of this title or” after “injury to” and “observer or” before “officer in fear”. 1987—Subsec. (a)(1). Pub. L. 100–66 substituted “(I)” for “(J)”. 1986—Subsec. (a)(1). Pub. L. 99–659 substituted “(H), or (J)” for “or (H)”. 1983—Subsec. (b). Pub. L. 97–453 struck out “, or imprisonment for not more than 1 year, or both” after “subsection (a)(2) is punishable by a fine of not more than $100,000”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1983 Amendment Pub. L. 97–453, § 11(b), Jan. 12, 1983, 96 Stat. 2491, provided that: “The amendment made by subsection (a) [amending this section] applies with respect to offenses committed under section 309 [this section] on or after the date of the enactment of this Act [Jan. 12, 1983].”

Effective Date

Section effective Mar. 1, 1977, see section 312 of Pub. L. 94–265, formerly set out as a note under section 1857 of this title.

§1859 Criminal Offenses

Summary

Title 16, §1859

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata