16 U.S.C. § 1857: Prohibited acts

to violate any provision of this chapter or any regulation or permit issued pursuant to this chapter; to use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, of an applicable permit issued pursuant to this chapter; to violate any provision of, or regulation under, an applicable governing international fishery agreement entered into pursuant to section 1821(c) of this title ; to refuse to permit any officer authorized to enforce the provisions of this chapter (as provided for in section 1861 of this title ) 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 this chapter or any regulation, permit, or agreement referred to in subparagraph (A) or (C); to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in subparagraph (D); to resist a lawful arrest for any act prohibited by this section; to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this chapter or any regulation, permit, or agreement referred to in subparagraph (A) or (C); to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section; to knowingly and willfully submit to a Council, the Secretary, or the Governor of a State false information (including, but not limited to, false information regarding the capacity and extent to which a United States fish processor, on an annual basis, will process a portion of the optimum yield of a fishery that will be harvested by fishing vessels of the United States) regarding any matter that the Council, Secretary, or Governor is considering in the course of carrying out this chapter; is smaller than the minimum possession size in effect at the time under the American Lobster Fishery Management Plan, as implemented by regulations published in part 649 of title 50, Code of Federal Regulations, or any successor to that plan implemented under this subchapter, or in the absence of any such plan, is smaller than the minimum possession size in effect at the time under a coastal fishery management plan for American lobster adopted by the Atlantic States Marine Fisheries Commission under the Atlantic Coastal Fisheries Cooperative Management Act ( 16 U.S.C. 5101 et seq.); is bearing eggs attached to its abdominal appendages; or bears evidence of the forcible removal of extruded eggs from its abdominal appendages; fishing gear owned by another person, which is located in the exclusive economic zone, or fish contained in such fishing gear; to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel under this chapter, or any data collector employed by the National Marine Fisheries Service or under contract to any person to carry out responsibilities under this chapter; deploys, within the exclusive economic zone, a net with a total length of less than two and one-half kilometers and a mesh size of 14 inches or greater; and is conducted within 5 years of December 29, 2022 ; to strip pollock of its roe and discard the flesh of the pollock; to knowingly and willfully fail to disclose, or to falsely disclose, any financial interest as required under section 1852(j) of this title , or to knowingly vote on a Council decision in violation of section 1852(j)(7)(A) of this title ; to remove any of the fins of a shark (including the tail) at sea; to have custody, control, or possession of any such fin aboard a fishing vessel unless it is naturally attached to the corresponding carcass; to transfer any such fin from one vessel to another vessel at sea, or to receive any such fin in such transfer, without the fin naturally attached to the corresponding carcass; or to land any such fin that is not naturally attached to the corresponding carcass, or to land any shark carcass without such fins naturally attached; to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any fish taken, possessed, transported, or sold in violation of any foreign law or regulation or any treaty or in contravention of any binding conservation measure adopted by an international agreement or organization to which the United States is a party; or to use any fishing vessel to engage in fishing in Federal or State waters, or on the high seas or in the waters of another country, after the Secretary has made a payment to the owner of that fishing vessel under section 1861a(b)(2) of this title . recreational fishing permitted under section 1821(i) of this title ; fish processing permitted under section 1856(c) of this title ; or transshipment at sea of fish or fish products within the boundaries of any State in accordance with a permit approved under section 1824(d) of this title ; in fishing, except recreational fishing permitted under section 1821(i) of this title , within the exclusive economic zone, or for any anadromous species or Continental Shelf fishery resources beyond such zone, unless such fishing is authorized by, and conducted in accordance with, a valid and applicable permit issued pursuant to section 1824(b), (c), or (d) of this title; or except as permitted under section 1856(c) of this title , in fish processing (as defined in paragraph (4)(A) of such section) within the internal waters of a State (as defined in paragraph (4)(B) of such section); for any vessel of the United States, and for the owner or operator of any vessel of the United States, to transfer at sea directly or indirectly, or attempt to so transfer at sea, any United States harvested fish to any foreign fishing vessel, while such foreign vessel is within the exclusive economic zone or within the boundaries of any State except to the extent that the foreign fishing vessel has been permitted under section 1824(d) of this title or section 1856(c) of this title to receive such fish; all fishing gear on the vessel is not stored below deck or in an area where it is not normally used, and not readily available, for fishing; or all fishing gear on the vessel which is not so stored is not secured and covered so as to render it unusable for fishing; for any vessel of the United States, and for the owner or operator of any vessel of the United States, to engage in fishing in the waters of a foreign nation in a manner that violates an international fishery agreement between that nation and the United States that has been subject to Congressional oversight in the manner described in section 1823 of this title , or any regulations issued to implement such an agreement; except that the binding provisions of such agreement and implementing regulations shall have been published in the Federal Register prior to such violation. The amendments made by subsection (a) [amending this section] do not apply to an individual engaged in commercial fishing for smooth dogfish ( Mustelus canis ) in that area of the waters of the United States located shoreward of a line drawn in such a manner that each point on it is 50 nautical miles from the baseline of a State from which the territorial sea is measured, if the individual holds a valid State commercial fishing license, unless the total weight of smooth dogfish fins landed or found on board a vessel to which this subsection applies exceeds 12 percent of the total weight of smooth dogfish carcasses landed or found on board. The term ‘commercial fishing’ has the meaning given that term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1802 ). The term ‘State’ has the meaning given that term in section 803 of Public Law 103–206 ( 16 U.S.C. 5102 ).” Except as provided in paragraph (3), no person shall possess, acquire, receive, transport, offer for sale, sell, or purchase a shark fin or a product containing a shark fin. A violation of paragraph (1) shall be treated as an act prohibited by section 307 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1857 ) and shall be penalized pursuant to section 308 of that Act ( 16 U.S.C. 1858 ). destroyed or disposed of immediately upon separation from the carcass; used for noncommercial subsistence purposes in accordance with Federal, State, or territorial law; or used solely for display or research purposes by a museum, college, or university pursuant to a Federal, State, or territorial permit to conduct noncommercial scientific research. It shall not be a violation of paragraph (1) for a person to possess, acquire, receive, transport, offer for sale, sell, or purchase a shark fin of a smooth dogfish ( Mustelus canis ) or a spiny dogfish ( Squalus acanthias ). Not later than January 1, 2027 , the Secretary of Commerce shall review the exemption provided by subparagraph (A) and submit to Congress a report regarding such exemption that includes a recommendation to continue or terminate the exemption. the impact of continuation and termination of the exemption on the economic viability of dogfish fisheries; the impact of continuation and termination of the exemption on ocean ecosystems; the impact of the exemption on the enforcement of the prohibition described in paragraph (1); and the impact of the exemption on shark conservation. This subsection, and any regulations issued pursuant thereto, shall be enforced by the Secretary of Commerce, who may use by agreement, with or without reimbursement, the personnel, services, equipment, and facilities of another Federal agency or of a State agency or Indian Tribe for the purpose of enforcing this subsection. Nothing in this subsection may be construed to preclude, deny, or limit any right of a State or territory to adopt or enforce any regulation or standard that is more stringent than a regulation or standard in effect under this subsection. If any provision of this subsection, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the subsection and of the application of any such provision to other persons and circumstances shall not be affected thereby. In this subsection, the term ‘shark fin’ means the unprocessed, dried, or otherwise processed detached fin or tail of a shark.”