16-U.S.C.-957
§957 – Violations; Fines and Forfeitures; Application of Related Laws
Pathway
Title 16 > Chapter 16 > Section 957
Details
- Reference: Section 957
- Legend: §957 – Violations; Fines and Forfeitures; Application of Related Laws
- USCode Year: 2013
Provision Content
(a) It shall be unlawful for any master or other person in charge of a fishing vessel of the United States to engage in fishing in violation of any regulation adopted pursuant to section 955(c) of this title or for any person knowingly to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or retained in violation of such regulations.
(b) It shall be unlawful for the master or any person in charge of any fishing vessel of the United States or any person on board such vessel to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this chapter to be made, kept, or furnished; or to fail to stop upon being hailed by a duly authorized official of the United States; or to refuse to permit the duly authorized officials of the United States or authorized officials of the commissions to board such vessel or inspect its catch, equipment, books, documents, records, or other articles or question the persons on board in accordance with the provisions of this chapter, or the convention, as the case may be.
(c) It shall be unlawful for any person to import, in violation of any regulation adopted pursuant to section 955(c) of this title, from any country, any fish in any form of those species subject to regulation pursuant to a recommendation of the commission, or any tuna in any form not under regulation but under investigation by the commission, during the period such fish have been denied entry in accordance with the provisions of section 955(c) of this title. In the case of any fish as described in this subsection offered for entry into the United States, the Secretary of Commerce shall require proof satisfactory to him that such fish is not ineligible for such entry under the terms of section 955(c) of this title.
(d) Any person violating any provisions of subsection (a) of this section shall be fined not more than $25,000, and for a subsequent violation of any provisions of said subsection (a) shall be fined not more than $50,000.
(e) Any person violating any provision of subsection (b) of this section shall be fined not more than $1,000, and for a subsequent violation of any provision of subsection (b) shall be fined not more than $5,000.
(f) Any person violating any provision of subsection (c) of this section shall be fined not more than $100,000.
(g) All fish taken or retained in violation of subsection (a) of this section, or the monetary value thereof, may be forfeited.
(h) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, insofar as such provisions of law are applicable and not inconsistent with the provisions of this chapter.
(Sept. 7, 1950, ch. 907, §8, 64 Stat. 779; Pub. L. 87–814, §4, Oct. 15, 1962, 76 Stat. 924; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Amendments
1962—Pub. L. 87–814 substituted provisions respecting violations, fines, and forfeitures, and application of related laws for provisions respecting enforcement of chapter.
Transfer of Functions
Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of 1970, see note set out under section 955 of this title.
U.S. Encyclopedia of Law Coverage
16-U.S.C.-943B in the Legal Encyclopedia: Conservation
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16-U.S.C.-916E in the Legal Encyclopedia: Treaties
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16-U.S.C.-952 in the Legal Encyclopedia: International Law
In this entry about 16-U.S.C.-952, find legal reference material, bibliographies and premiere content related to international law in the American Encyclopedia of Law, presenting a comprehensive view of the United States international law-specific issues, written by authorities in the field.
16-U.S.C.-943 in the Legal Encyclopedia: Fishing
In this entry about 16-U.S.C.-943, find legal reference material, bibliographies and premiere content related to fishing in the American Encyclopedia of Law, presenting a comprehensive view of the United States fishing-specific issues, written by authorities in the field.
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