Title 16, ConservationRelease 119-110
§1859 Criminal Offenses
Title 16 › CHAPTER 38 — FISHERY CONSERVATION AND MANAGEMENT › SUBCHAPTER IV — NATIONAL FISHERY MANAGEMENT PROGRAM › § 1859
Summary
A person is guilty for certain acts forbidden elsewhere. Penalty: fine up to $100,000, or 6 months in jail, or both. If a dangerous weapon is used, or certain observers or officers are injured or put in fear of imminent harm, penalties rise to a fine up to $200,000 or 10 years. Federal crimes.
Full Legal Text
Title 16, §1859
Conservation, Source: USLM XML via OLRC
(a)Offenses
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)Punishment
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)Jurisdiction
There is Federal jurisdiction over any offense described in this section.
Legislative History
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.
Reference
Citations & Metadata
Citation
16 U.S.C. § 1859
Title 16, Conservation
Last Updated
Sep 22, 2026
Release point: 119-110