16 U.S.C. § 1859

Criminal offenses

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(a) OffensesA 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.

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

(Pub. L. 94–265, title III, § 309, Apr. 13, 1976, 90 Stat. 357; Pub. L. 97–453, § 11(a), Jan. 12, 1983, 96 Stat. 2491; Pub. L. 99–659, title I, § 107(b), Nov. 14, 1986, 100 Stat. 3713; Pub. L. 100–66, § 2, July 10, 1987, 101 Stat. 384; Pub. L. 101–627, title I, § 115, Nov. 28, 1990, 104 Stat. 4455.)Editorial NotesReferences 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 SubsidiariesEffective 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.

Notes of Decisions

Cited in 5 cases, 1980–2011 · leading case: United States v. Tomeny, 144 F.3d 749 (11th Cir. 1998).

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United States v. Tomeny, 144 F.3d 749 (11th Cir. 1998). “A violation of § 1857(1)(I) is “punishable by a fine of not more than $100,-000, or imprisonment for not more than 6 months or both,” 16 U.S.C. § 1859 (b), and is classified as a misdemeanor, see 18 U.”

United States v. Kaiyo Maru No. 53, 503 F. Supp. 1075 (D. Alaska 1980). “Any permit which is suspended under this paragraph for nonpayment of a civil penalty shall be reinstated by the Secretary upon the payment of such civil penalty together with interest thereon at the prevailing rate.”

United States v. Daiei Maru No. 2, 562 F. Supp. 34 (D. Alaska 1982). “§ 1858 (a); criminal punishment of persons guilty of violations by a fine not to exceed $50,000 or imprisonment for not more than six months, or both, 16 U.S.C. § 1859 (b); and civil forfeitures of any fishing vessel used (including its fishing gear, furniture, appurtenances,…”

United States v. Cusick, 817 F. Supp. 2d 1 (D. Mass. 2011). “16 U.S.C. § 1859 (b). He claims a jury trial.”

Key Bank v. Concepion, 847 F. Supp. 844 (W.D. Wash. 1994). “§ 1858 (g)(1)(A); 16 U.S.C. § 1859 ; 16 U.S.C. § 1860 . It is the latter remedy that the Government chose to pursue in the 1991 forfeiture action in Alaska District Court.”

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