16 USC 5009 – Unlawful activities
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, investigation, 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, investigation, 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.
Terms Used In 16 USC 5009
- Anadromous fish: means fish of the species listed in the Annex to the Convention that migrate into the Convention area. See 16 USC 5002
- Arrest: Taking physical custody of a person by lawful authority.
- Convention: means the Convention for the Conservation of Anadromous Stocks of the North Pacific Ocean, signed in Moscow, February 11, 1992. See 16 USC 5002
- Convention area: means the waters of the North Pacific Ocean and its adjacent seas, north of 33 degrees North Latitude,1 beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. See 16 USC 5002
- Enforcement officer: means a law enforcement official authorized by any Party to enforce this chapter. See 16 USC 5002
- Fish: means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds. See 16 USC 5002
- Fishing: means &mdash. See 16 USC 5002
- Fishing vessel: means &mdash. See 16 USC 5002
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
- vessel: includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. See 1 USC 3