US (United States) Code. Title 16. Chapter 70: North Pacific Anadromous Stocks Convention

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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publicidad

-CITE-

16 USC CHAPTER 70 - NORTH PACIFIC ANADROMOUS STOCKS

CONVENTION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 70 - NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

.

-HEAD-

CHAPTER 70 - NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

-MISC1-

Sec.

5001. Purpose.

5002. Definitions.

5003. United States Commissioners.

(a) Commissioners.

(b) Alternate Commissioners.

(c) United States Section.

(d) Compensation.

5004. Advisory Panel.

(a) Establishment of Panel.

(b) Qualifications.

(c) Limitation on service.

(d) Functions.

(e) Compensation and expenses.

5005. Commission recommendations.

5006. Administration and enforcement of Convention.

(a) Responsibilities.

(b) Consultation and cooperation.

5007. Cooperation with other agencies.

(a) In general.

(b) Functions of Secretary of Commerce.

5008. Enforcement provisions.

(a) Duties of Secretaries of Commerce and

Transportation.

(b) District court jurisdiction.

(c) Powers of enforcement officers.

(d) Additional powers.

5009. Unlawful activities.

5010. Penalties.

(a) Civil penalties.

(b) Offenses.

(c) Forfeiture.

5011. Funding requirements.

(a) Authorization.

(b) Research.

5012. Disposition of property.

-CITE-

16 USC Sec. 5001 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 70 - NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

-HEAD-

Sec. 5001. Purpose

-STATUTE-

It is the purpose of this chapter to implement the Convention for

the Conservation of Anadromous Stocks in the North Pacific Ocean,

signed in Moscow, February 11, 1992.

-SOURCE-

(Pub. L. 102-567, title VIII, Sec. 802, Oct. 29, 1992, 106 Stat.

4309; Pub. L. 102-587, title VIII, Sec. 8002, Nov. 4, 1992, 106

Stat. 5098; Pub. L. 106-562, title III, Sec. 304(a), Dec. 23, 2000,

114 Stat. 2806.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

title'', meaning title VIII of Pub. L. 102-567, which is classified

generally to this chapter. For complete classification of title

VIII to the Code, see Short Title note below and Tables.

-COD-

CODIFICATION

Title VIII of Pub. L. 102-567 and Pub. L. 102-587 enacted

identical sections. Title VIII of Pub. L. 102-587 was repealed by

Pub. L. 106-562.

-MISC3-

SHORT TITLE

Section 8001 of title VIII of Pub. L. 102-587, which provided

that title VIII of Pub. L. 102-587, which enacted this chapter and

repealed sections 1021 to 1023, 1025 to 1027, 1029, 1030, and 1032

to 1035 of this title and provisions set out as notes under section

1021 of this title, could be cited as the ''North Pacific

Anadromous Stocks Convention Act of 1992'', was repealed by Pub. L.

106-562, title III, Sec. 304(a), Dec. 23, 2000, 114 Stat. 2806.

Section 801 of title VIII of Pub. L. 102-567 provided that:

''This title (enacting this chapter and repealing sections 1021 to

1023, 1025 to 1027, 1029, 1030, and 1032 to 1035 of this title and

provisions set out as notes under section 1021 of this title) may

be cited as the 'North Pacific Anadromous Stocks Act of 1992'.''

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16 USC Sec. 5002 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 70 - NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

-HEAD-

Sec. 5002. Definitions

-STATUTE-

As used in this chapter, the term -

(1) ''Anadromous stocks'' means stocks of species listed in the

Annex to the Convention that migrate into the Convention area.

(2) ''Anadromous fish'' means fish of the species listed in the

Annex to the Convention that migrate into the Convention area.

(3) ''Authorized officer'' means a law enforcement official

authorized to enforce this chapter under section 5008(a) of this

title.

(4) ''Commission'' means the North Pacific Anadromous Fish

Commission provided for by article VIII of the Convention.

(5) ''Convention'' means the Convention for the Conservation of

Anadromous Stocks of the North Pacific Ocean, signed in Moscow,

February 11, 1992.

(6) ''Convention area'' means the waters of the North Pacific

Ocean and its adjacent seas, north of 33 degrees North Latitude,

(FOOTNOTE 1) beyond 200 nautical miles from the baselines from

which the breadth of the territorial sea is measured.

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(7) ''Directed fishing'' means fishing targeted at a particular

species or stock of fish.

(8) ''Ecologically related species'' means living marine

species which are associated with anadromous stocks found in the

Convention area, including, but not restricted to, both predators

and prey of anadromous fish.

(9) ''Enforcement officer'' means a law enforcement official

authorized by any Party to enforce this chapter.

(10) ''Exclusive economic zone'' means the zone established by

Proclamation Numbered 5030, dated March 10, 1983. For purposes of

applying this chapter, the inner boundary of that zone is a line

coterminous with the seaward boundary of each of the coastal

States.

(11) ''Fish'' means finfish, mollusks, crustaceans, and all

other forms of marine animal and plant life other than marine

mammals and birds.

(12) ''Fishing'' means -

(A) the catching, taking, or harvesting of fish, or any other

activity that can reasonably be expected to result in the

catching, taking, or harvesting of fish; or

(B) any operation at sea in preparation for or in direct

support of any activity described in subparagraph (A).

(13) ''Fishing vessel'' means -

(A) any vessel engaged in catching fish within the Convention

area or in processing or transporting fish loaded in the

Convention area;

(B) any vessel outfitted to engage in any activity described

in subparagraph (A);

(C) any vessel supporting a vessel described in subparagraph

(A) or (B).

(14) ''Incidental taking'' means catching, taking, or

harvesting a species or stock of fish while conducting directed

fishing for another species or stock of fish.

(15) ''Party'' means Canada, Japan, the Russian Federation, the

United States, and any other nation that may accede to the

Convention.

(16) ''Secretary'' means the Secretary of State.

(17) ''United States Section'' means the United States

Commissioners of the Commission.

-SOURCE-

(Pub. L. 102-567, title VIII, Sec. 803, Oct. 29, 1992, 106 Stat.

4309; Pub. L. 102-587, title VIII, Sec. 8003, Nov. 4, 1992, 106

Stat. 5098; Pub. L. 104-43, title IV, Sec. 404(b), Nov. 3, 1995,

109 Stat. 391; Pub. L. 106-562, title III, Sec. 304(a), Dec. 23,

2000, 114 Stat. 2806.)

-REFTEXT-

REFERENCES IN TEXT

Proclamation Numbered 5030, dated March 10, 1983, referred to in

par. (10), is set out as a note under section 1453 of this title.

-COD-

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.

-MISC3-

AMENDMENTS

1995 - Par. (13)(C). Pub. L. 104-43 amended subpar. (C)

generally. Prior to amendment, subpar. (C) read as follows: ''any

vessel described in subparagraph (A) or (B).''

-CITE-

16 USC Sec. 5003 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 70 - NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

-HEAD-

Sec. 5003. United States Commissioners

-STATUTE-

(a) Commissioners

The United States shall be represented on the Commission by not

more than three United States Commissioners to be appointed by and

serve at the pleasure of the President. Each United States

Commissioner shall be appointed for a term of office not to exceed

4 years, but is eligible for reappointment. Individuals serving as

such Commissioners shall not be considered to be Federal employees

while performing such service, except for purposes of injury

compensation or tort claims liability as provided in chapter 81 of

title 5 and chapter 171 of title 28. Of the Commissioners -

(1) one shall be an official of the United States Government;

(2) one shall be a resident of the State of Alaska; and

(3) one shall be a resident of the State of Washington.

An individual is not eligible for appointment under paragraph (2)

or (3) as a Commissioner unless the individual is knowledgeable or

experienced concerning the anadromous stocks and ecologically

related species of the North Pacific Ocean.

(b) Alternate Commissioners

The Secretary, in consultation with the Secretary of Commerce,

may designate from time to time Alternate United States

Commissioners to the Commission. An Alternate United States

Commissioner may exercise all designated powers and duties of a

United States Commissioner in the absence of a duly designated

Commissioner for whatever reason. The number of such Alternate

United States Commissioners that may be designated for any such

meeting shall be limited to the number of authorized United States

Commissioners that will not be present.

(c) United States Section

The United States Section, in consultation with the Advisory

Panel established in section 5004 of this title, shall identify and

recommend to the Commission research needs and priorities for

anadromous stocks and ecologically related species subject to the

Convention, and oversee the United States research programs

involving such fisheries, stocks, and species.

(d) Compensation

United States Commissioners and Alternate United States

Commissioners shall receive no compensation for their services as

Commissioners and Alternate Commissioners.

-SOURCE-

(Pub. L. 102-567, title VIII, Sec. 804, Oct. 29, 1992, 106 Stat.

4310; Pub. L. 102-587, title VIII, Sec. 8004, Nov. 4, 1992, 106

Stat. 5099; Pub. L. 106-562, title III, Sec. 304, Dec. 23, 2000,

114 Stat. 2806.)

-COD-

CODIFICATION

Title VIII of Pub. L. 102-567 and Pub. L. 102-587 enacted

identical sections. Title VIII of Pub. L. 102-587 was repealed by

Pub. L. 106-562.

-MISC3-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-562, Sec. 304(b), inserted after

second sentence ''Individuals serving as such Commissioners shall

not be considered to be Federal employees while performing such

service, except for purposes of injury compensation or tort claims

liability as provided in chapter 81 of title 5 and chapter 171 of

title 28.''

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16 USC Sec. 5004 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 70 - NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

-HEAD-

Sec. 5004. Advisory Panel

-STATUTE-

(a) Establishment of Panel

An Advisory Panel to the United States Section is established.

The Advisory Panel shall be composed of the following:

(1) The Commissioner of the Alaska Department of Fish and Game.

(2) The Director of the Washington Department of Fisheries.

(3) One representative of the Pacific States Marine Fisheries

Commission, designated by the Executive Director of that

commission.

(4) Eleven members (six of whom shall be residents of the State

of Alaska and five of whom shall be residents of the State of

Washington), appointed by the Secretary, in consultation with the

Secretary of Commerce, from among a slate of 12 persons nominated

by the Governor of Alaska and a slate of 10 persons nominated by

the Governor of Washington.

(b) Qualifications

Persons appointed to the Advisory Panel shall be individuals who

are knowledgeable or experienced concerning anadromous stocks and

ecologically related species. In submitting a slate of nominees

pursuant to subsection (a)(4) of this section, the Governors of

Alaska and Washington shall seek to represent the broad range of

parties interested in anadromous stocks and ecologically related

species, and at a minimum shall include on each slate at least one

representative of commercial salmon fishing interests and of

environmental interests concerned with protection of living marine

resources.

(c) Limitation on service

Any person appointed to the Advisory Panel pursuant to subsection

(a)(4) of this section shall serve for a term not to exceed 4

years, and may not serve more than two consecutive terms.

(d) Functions

The Advisory Panel shall be invited to all nonexecutive meetings

of the United States Section and at such meetings shall be granted

the opportunity to examine and to be heard on all proposed programs

of study and investigation, reports, and recommendations of the

United States Section.

(e) Compensation and expenses

The members of the Advisory Panel shall receive no compensation

or travel expenses for their services as such members.

-SOURCE-

(Pub. L. 102-567, title VIII, Sec. 805, Oct. 29, 1992, 106 Stat.

4311; Pub. L. 102-587, title VIII, Sec. 8005, Nov. 4, 1992, 106

Stat. 5100; Pub. L. 106-562, title III, Sec. 304(a), Dec. 23, 2000,

114 Stat. 2806.)

-COD-

CODIFICATION

Title VIII of Pub. L. 102-567 and Pub. L. 102-587 enacted

identical sections. Title VIII of Pub. L. 102-587 was repealed by

Pub. L. 106-562.

-MISC3-

TERMINATION OF ADVISORY PANELS

Advisory panels established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a panel

established by the President or an officer of the Federal

Government, such panel is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a panel

established by Congress, its duration is otherwise provided for by

law, see sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5003 of this title.

-CITE-

16 USC Sec. 5005 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 70 - NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

-HEAD-

Sec. 5005. Commission recommendations

-STATUTE-

The Secretary, with the concurrence of the Secretary of Commerce,

may accept or reject, on behalf of the United States,

recommendations made by the Commission in accordance with article

IX of the Convention.

-SOURCE-

(Pub. L. 102-567, title VIII, Sec. 806, Oct. 29, 1992, 106 Stat.

4311; Pub. L. 102-587, title VIII, Sec. 8006, Nov. 4, 1992, 106

Stat. 5101; Pub. L. 106-562, title III, Sec. 304(a), Dec. 23, 2000,

114 Stat. 2806.)

-COD-

CODIFICATION

Title VIII of Pub. L. 102-567 and Pub. L. 102-587 enacted

identical sections. Title VIII of Pub. L. 102-587 was repealed by

Pub. L. 106-562.

-CITE-

16 USC Sec. 5006 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 70 - NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

-HEAD-

Sec. 5006. Administration and enforcement of Convention

-STATUTE-

(a) Responsibilities

The Secretary of Commerce shall be responsible for administering

provisions of the Convention, this chapter, and regulations issued

under this chapter. The Secretary, in consultation with the

Secretary of Commerce and the Secretary of Transportation, shall be

responsible for coordinating the participation of the United States

in the Commission.

(b) Consultation and cooperation

In carrying out such functions, the Secretary of Commerce -

(1) shall, in consultation with the Secretary of Transportation

and the United States Section, issue such regulations as may be

necessary to carry out the purposes and objectives of the

Convention and this chapter; and

(2) may, with the concurrence of the Secretary, cooperate with

the authorized officials of the government of any Party.

-SOURCE-

(Pub. L. 102-567, title VIII, Sec. 807, Oct. 29, 1992, 106 Stat.

4311; Pub. L. 102-587, title VIII, Sec. 8007, Nov. 4, 1992, 106

Stat. 5101; Pub. L. 106-562, title III, Sec. 304(a), Dec. 23, 2000,

114 Stat. 2806.)

-COD-

CODIFICATION

Title VIII of Pub. L. 102-567 and Pub. L. 102-587 enacted

identical sections. Title VIII of Pub. L. 102-587 was repealed by

Pub. L. 106-562.

-CITE-

16 USC Sec. 5007 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 70 - NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

-HEAD-

Sec. 5007. Cooperation with other agencies

-STATUTE-

(a) In general

Any agency of the Federal Government is authorized, upon request

of the Commission, to cooperate in the conduct of scientific and

other programs, and to furnish, on a reimbursable basis, facilities

and personnel for the purpose of assisting the Commission in

carrying out its duties under the Convention. Such agency may

accept reimbursement from the Commission.

(b) Functions of Secretary of Commerce

In carrying out the provisions of the Convention and this

chapter, the Secretary of Commerce may arrange for cooperation with

agencies of the United States, the States, private institutions and

organizations, and agencies of the government of any Party, to

conduct scientific and other programs, and may execute such

memoranda as may be necessary to reflect such agreements.

-SOURCE-

(Pub. L. 102-567, title VIII, Sec. 808, Oct. 29, 1992, 106 Stat.

4312; Pub. L. 102-587, title VIII, Sec. 8008, Nov. 4, 1992, 106

Stat. 5101; Pub. L. 106-562, title III, Sec. 304(a), Dec. 23, 2000,

114 Stat. 2806.)

-COD-

CODIFICATION

Title VIII of Pub. L. 102-567 and Pub. L. 102-587 enacted

identical sections. Title VIII of Pub. L. 102-587 was repealed by

Pub. L. 106-562.

-CITE-

16 USC Sec. 5008 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 70 - NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

-HEAD-

Sec. 5008. Enforcement provisions

-STATUTE-

(a) Duties of Secretaries of Commerce and Transportation

This chapter shall be enforced by the Secretary of Commerce and

the Secretary of Transportation. Such Secretaries may by agreement

utilize, on a reimbursable basis or otherwise, the personnel,

services, equipment (including aircraft and vessels), and

facilities of any other Federal agency, including all elements of

the Department of Defense, and of any State agency, in the

performance of such duties. Such Secretaries shall, and the head

of any Federal or State agency that has entered into an agreement

with either such Secretary under the preceding sentence may (if the

agreement so provides), authorize officers to enforce the

provisions of the Convention, this chapter, and regulations issued

under this chapter. Any such agreement or contract entered into

pursuant to this section shall be effective only to such extent or

in such amounts as are provided in advance in appropriations Acts.

(b) District court jurisdiction

The district courts of the United States shall have exclusive

jurisdiction over any case or controversy arising under the

provisions of this chapter.

(c) Powers of enforcement officers

Authorized officers may, shoreward of the outer boundary of the

exclusive economic zone, or during hot pursuit from the zone -

(1) with or without a warrant or other process -

(A) arrest any person, if the officer has reasonable cause to

believe that such person has committed an act prohibited by

section 5009 of this title;

(B) board, and search or inspect, any fishing vessel subject

to the provisions of the Convention and this chapter;

(C) seize any fishing vessel (together with its fishing gear,

furniture, appurtenances, stores, and cargo) used or employed

in, or with respect to which it reasonably appears that such

vessel was used or employed in, the violation of any provision

of the Convention, this chapter, or regulations issued under

this chapter;

(D) seize any fish (wherever found) taken or retained in

violation of any provision referred to in subparagraph (C);

(E) seize any other evidence related to any violation of any

provision referred to in subparagraph (C);

(2) execute any warrant or other process issued by any court of

competent jurisdiction; and

(3) exercise any other lawful authority.

(d) Additional powers

(1) An authorized officer may in the Convention area -

(A) board a vessel of any Party that reasonably can be believed

to be engaged in directed fishing for, incidental taking of, or

processing of anadromous fish, and, without warrant or process,

inspect equipment, logs, documents, catch, and other articles,

and question persons, on board the vessel, for the purpose of

carrying out the provisions of the Convention, this chapter, or

any regulation issued under this chapter; and

(B) If (FOOTNOTE 1) any such vessel or person on board is

actually engaged in operations in violation of any such

provision, or there is reasonable ground to believe any person or

vessel was obviously so engaged before the boarding of such

vessel by the authorized officer, arrest or seize such person or

vessel and further investigate the circumstance if necessary.

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

If an authorized officer, after boarding and investigation, has

reasonable cause to believe that any such fishing vessel or person

engaged in operations in violation of any provision referred to in

subparagraph (A), the officer shall deliver the vessel or person as

promptly as practicable to the enforcement officers of the

appropriate Party, in accordance with the provisions of the

Convention.

(2) When requested by the appropriate authorities of a Party, an

authorized officer may be directed to attend as a witness, and to

produce such available records and files or duly certified copies

thereof as may be necessary, for the prosecution by that Party of

any violation of the provisions of the Convention or any law of

that Party relating to the enforcement thereof.

-SOURCE-

(Pub. L. 102-567, title VIII, Sec. 809, Oct. 29, 1992, 106 Stat.

4312; Pub. L. 102-587, title VIII, Sec. 8009, Nov. 4, 1992, 106

Stat. 5101; Pub. L. 106-562, title III, Sec. 304(a), Dec. 23, 2000,

114 Stat. 2806.)

-COD-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5002, 5010 of this title.

-CITE-

16 USC Sec. 5009 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 70 - NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

-HEAD-

Sec. 5009. Unlawful activities

-STATUTE-

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 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 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.

-SOURCE-

(Pub. L. 102-567, title VIII, Sec. 810, Oct. 29, 1992, 106 Stat.

4313; Pub. L. 102-587, title VIII, Sec. 8010, Nov. 4, 1992, 106

Stat. 5103; Pub. L. 106-562, title III, Sec. 304(a), Dec. 23, 2000,

114 Stat. 2806.)

-COD-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5008, 5010 of this title.

-CITE-

16 USC Sec. 5010 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 70 - NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

-HEAD-

Sec. 5010. Penalties

-STATUTE-

(a) Civil penalties

(1) Any person who is found by the Secretary of Commerce, after

notice and opportunity for a hearing in accordance with section 554

of title 5, to have committed an act prohibited by section 5009 of

this title shall be liable to the United States for a civil

penalty. The amount of the civil penalty shall not exceed $100,000

for each violation. Each day of a continuing violation shall

constitute a separate offense. The amount of such civil penalty

shall be assessed by the Secretary of Commerce, or the Secretary's

designee, by written notice. In determining the amount of such

penalty, the Secretary of Commerce shall take into account the

nature, circumstances, extent, and gravity of the prohibited acts

committed and, with respect to the violation, the degree of

culpability, any history of prior offenses, ability to pay, and

such other matters as justice may require.

(2) Any person against whom a civil penalty is assessed under

paragraph (1) may obtain review thereof in the appropriate court of

the United States by filing a complaint in such court within 30

days from the date of such order and by simultaneously serving a

copy of such complaint by certified mail on the Secretary of

Commerce, the Attorney General, and the appropriate United States

Attorney. The Secretary of Commerce shall promptly file in such

court a certified copy of the record upon which such violation was

found or such penalty imposed, as provided in section 2112 of title

28. The findings and order of the Secretary of Commerce shall be

set aside by such court if they are not found to be supported by

substantial evidence, as provided in section 706(2) of title 5.

(3) If any person fails to pay an assessment of a civil penalty

after it has become a final and unappealable order, or after the

appropriate court has entered final judgment in favor of the

Secretary of Commerce, the matter shall be referred to the Attorney

General, who shall recover the amount assessed in any appropriate

district court of the United States. In such action, the validity

and appropriateness of the final order imposing the civil penalty

shall not be subject to review.

(4) A fishing vessel (including its fishing gear, furniture,

appurtenances, stores, and cargo) used in the commission of an act

prohibited by section 5009 of this title shall be liable in rem for

any civil penalty assessed for such violation under paragraph (1)

and may be proceeded against in any district court of the United

States having jurisdiction thereof. Such penalty shall constitute

a maritime lien on such vessel that may be recovered in an action

in rem in the district court of the United States having

jurisdiction over the vessel.

(5) The Secretary of Commerce may compromise, modify, or remit,

with or without conditions, any civil penalty that is subject to

imposition or that has been imposed under this section.

(6) For the purposes of conducting any hearing under this

section, the Secretary of Commerce may issue subpoenas for the

attendance and testimony of witnesses and the production of

relevant papers, books, and documents, and may administer oaths.

Witnesses summoned shall be paid the same fees and mileage that are

paid to witnesses in the courts of the United States. In case of

contempt or refusal to obey a subpoena served upon any person

pursuant to this paragraph, the district court of the United States

for any district in which such person is found, resides, or

transacts business, upon application by the United States and after

notice to such person, shall have jurisdiction to issue an order

requiring such person to appear and give testimony before the

Secretary of Commerce or to appear and produce documents before the

Secretary of Commerce, or both, and any failure to obey such order

of the court may be punished by such court as a contempt thereof.

(b) Offenses

(1) A person is guilty of an offense if the person commits any

act prohibited by section 5009(5), (6), (7), or (8) of this title.

(2) Any offense described in paragraph (1) is a class A

misdemeanor punishable by a fine under title 18 or imprisonment for

not more than 6 months, or both; except that if in the commission

of any offense the person uses a dangerous weapon, engages in

conduct that causes bodily injury to any enforcement officer, or

places any such officer in fear of imminent bodily injury, the

offense is a felony punishable by a fine under title 18 or

imprisonment for not more than 10 years, or both.

(c) Forfeiture

(1) Any fishing vessel (including its fishing gear, furniture,

appurtenances, stores, and cargo) used, and any fish (or a fair

market value thereof) taken or retained, in any manner, in

connection with or as a result of the commission of any act

prohibited by section 5009 of this title shall be subject to

forfeiture to the United States. All or part of such vessel may,

and all such fish shall, be forfeited to the United States pursuant

to a civil proceeding under this section.

(2) Any district court of the United States shall have

jurisdiction, upon application of the Attorney General on behalf of

the United States, to order any forfeiture authorized under

paragraph (1) and any action provided for under paragraph (4).

(3) If a judgment is entered for the United States in a civil

forfeiture proceeding under this section, the Attorney General may

seize any property or other interest declared forfeited to the

United States, which has not previously been seized pursuant to

this chapter or for which security has not previously been

obtained. The provisions of the customs laws relating to -

(A) the seizure, forfeiture, and condemnation of property for

violation of the customs law;

(B) the disposition of such property or the proceeds from the

sale thereof; and

(C) the remission or mitigation of any such forfeiture;

shall apply to seizures and forfeitures incurred, or alleged to

have been incurred, under the provisions of this chapter, unless

such provisions are inconsistent with the purposes, policy, and

provisions of this chapter.

(4)(A) Any officer authorized to serve any process in rem that is

issued by a court having jurisdiction under section 5008(b) of this

title shall -

(i) stay the execution of such process; or

(ii) discharge any fish seized pursuant to such process;

upon receipt of a satisfactory bond or other security from any

person claiming such property. Such bond or other security shall

be conditioned upon such person delivering such property to the

appropriate court upon order thereof, without any impairment of its

value, or paying the monetary value of such property pursuant to an

order of such court. Judgment shall be recoverable on such bond or

other security against both the principal and any sureties in the

event that any condition thereof is breached, as determined by such

court.

(B) Any fish seized pursuant to this chapter may be sold, subject

to the approval and direction of the appropriate court, for not

less than the fair market value thereof. The proceeds of any such

sale shall be deposited with such court pending the disposition of

the matter involved.

(5) For purposes of this section, it shall be a rebuttable

presumption that all fish found on board a fishing vessel and which

is seized in connection with an act prohibited by section 5009 of

this title were taken or retained in violation of the Convention

and this chapter.

-SOURCE-

(Pub. L. 102-567, title VIII, Sec. 811, Oct. 29, 1992, 106 Stat.

4314; Pub. L. 102-587, title VIII, Sec. 8011, Nov. 4, 1992, 106

Stat. 5103; Pub. L. 106-562, title III, Sec. 304(a), Dec. 23, 2000,

114 Stat. 2806.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (c)(3), are classified

generally to Title 19, Customs Duties.

-COD-

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.

-CITE-

16 USC Sec. 5011 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 70 - NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

-HEAD-

Sec. 5011. Funding requirements

-STATUTE-

(a) Authorization

There are authorized to be appropriated from time to time such

sums as may be necessary for carrying out the purposes and

provisions of the Convention and this chapter, including -

(1) necessary travel expenses of the United States

Commissioners or Alternate Commissioners; and

(2) the United States' share of the joint expenses of the

Commission.

(b) Research

Such funds as shall be made available to the Secretary of

Commerce for research and related activities shall be expended to

carry out the program of the Commission in accordance with the

recommendations of the United States Section and to carry out other

research and observer programs pursuant to the Convention.

-SOURCE-

(Pub. L. 102-567, title VIII, Sec. 812, Oct. 29, 1992, 106 Stat.

4316; Pub. L. 102-587, title VIII, Sec. 8012, Nov. 4, 1992, 106

Stat. 5105; Pub. L. 106-562, title III, Sec. 304(a), Dec. 23, 2000,

114 Stat. 2806.)

-COD-

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.

-CITE-

16 USC Sec. 5012 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 70 - NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

-HEAD-

Sec. 5012. Disposition of property

-STATUTE-

The Secretary shall dispose of any United States property held by

the International North Pacific Fisheries Commission on the date of

its termination in a manner that would further the purposes of this

chapter.

-SOURCE-

(Pub. L. 102-567, title VIII, Sec. 813, Oct. 29, 1992, 106 Stat.

4316; Pub. L. 102-587, title VIII, Sec. 8013, Nov. 4, 1992, 106

Stat. 5106; Pub. L. 106-562, title III, Sec. 304(a), Dec. 23, 2000,

114 Stat. 2806.)

-COD-

CODIFICATION

Title VIII of Pub. L. 102-567 and Pub. L. 102-587 enacted

identical sections. Title VIII of Pub. L. 102-587 was repealed by

Pub. L. 106-562.

-CITE-