Pub. L. 102–251, title III, §§ 301(i), 308,
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 94–265,
The Lacey Act Amendments of 1981, referred to in subsec. (e), is Pub. L. 97–79,
2016—Subsec. (d). Pub. L. 114–120, in introductory provisions, substituted “In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam, and in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands.” for “In the case of Guam or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Guam, except that in the case of American Samoa, the appropriate court is the United States District Court for the District of Hawaii, and except that in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands.”
2007—Subsec. (b)(1)(A)(vi). Pub. L. 109–479, § 111(a)(1)–(3), added cl. (vi).
Subsecs. (h) to (j). Pub. L. 109–479, § 111(a)(4), (5), added subsecs. (h) and (i) and redesignated former subsec. (h) as (j).
1996—Subsec. (d). Pub. L. 104–297, § 115(a)(2), inserted “, and except that in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands” after “District of Hawaii”.
Pub. L. 104–297, § 115(a)(1), which directed substitution of “Guam or any” for “Guam, any Commonwealth, territory, or”, was executed by making the substitution for “Guam, and any Commonwealth, territory, or”, to reflect the probable intent of Congress.
Subsec. (e)(1). Pub. L. 104–297, § 115(b)(1), substituted “marine resource law” for “fishery resource law” in introductory provisions and in subpars. (A) and (B).
Subsec. (e)(1)(B). Pub. L. 104–297, § 115(b)(2), inserted “of not less than 20 percent of the penalty collected or $20,000, whichever is the lesser amount,” after “reward”.
Subsec. (e)(1)(E). Pub. L. 104–297, § 115(b)(3), added subpar. (E) and struck out former subpar. (E) which read as follows: “claims of parties in interest to property disposed of under section 1612(b) of title 19 or under other provisions of the customs laws, as made applicable by section 1860(c) of this title to seizures made by the Secretary under this chapter, in amounts determined by the Secretary to be applicable to such claims at the time of seizure; and”.
Subsec. (e)(2). Pub. L. 104–297, § 115(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Any person assessed a civil penalty for, or convicted of, any violation of this chapter shall be liable for the cost incurred in storage, care, and maintenance of any fish or other property seized in connection with the violation.”
Subsec. (g). Pub. L. 104–297, § 115(d), added subsec. (g). Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 104–297, § 115(d), redesignated subsec. (g) as (h).
Subsec. (h)(1). Pub. L. 104–297, § 115(e), which directed amendment of subsec. (i)(1) by substituting “1821(b) or (c) of this title, or section 1824(d) of this title,” for “1821(b), (c) of this title,”, was executed by making the substitution for “1821(b) or (c) of this title” in subsec. (h)(1) to reflect the probable intent of Congress because this section does not contain a subsec. (i).
1992—Subsecs. (f), (g). Pub. L. 102–567 added subsec. (f) and redesignated former subsec. (f) as (g).
1990—Subsec. (e). Pub. L. 101–627 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Notwithstanding any other provision of law, after
“(1) the reasonable and necessary costs incurred in providing temporary storage, care, and maintenance of seized fish or other property pending disposition of any civil or criminal proceeding alleging a violation of any provision of this chapter with respect to that fish or other property; and
“(2) a reward to any person who furnishes information which leads to an arrest, conviction, civil penalty assessment, or forfeiture of property for any violation of any provision of this chapter.
Any person assessed a civil penalty for, or convicted of, any violation of any provision of this chapter shall be liable for the cost incurred in storage, care, and maintenance of any fish or other property seized in connection with the violation concerned.”
1986—Subsec. (b)(2). Pub. L. 99–659, § 101(c)(2), substituted “exclusive economic zone” for “fishery conservation zone”.
Subsecs. (e), (f). Pub. L. 99–659, § 109(b), added subsec. (e) and redesignated former subsec. (e) as (f).
1983—Subsec. (a). Pub. L. 97–453, § 15(c), struck out provision that the Secretaries were to report annually on June 30, to each committee of the Congress listed in section 1823(b) of this title and to the Councils, on the degree and extent of known and estimated compliance with the provisions of this chapter during the preceding calendar year.
Subsec. (b)(1). Pub. L. 97–453, § 13(1), designated existing provisions as par. (1).
Subsec. (b)(1)(A). Pub. L. 97–453, § 13(2), (3), redesignated former par. (1) as subpar. (A) and, in subpar. (A) as redesignated, redesignated former subpars. (A) to (E) as cls. (i) to (v), respectively.
Subsec. (b)(1)(B), (C). Pub. L. 97–453, § 13(2), redesignated former pars. (2) and (3) as subpars. (B) and (C), respectively.
Subsec. (b)(2). Pub. L. 97–453, § 13(4), added par. (2).
1980—Subsec. (a). Pub. L. 96–470 substituted “annually on June 30” for “semiannually” and inserted “during the preceding calendar year” after “with the provisions of this chapter”.
Amendment by Pub. L. 102–251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed
Section effective
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
Pub. L. 112–55, div. B, title I, §§ 110, 111, “Sec. 110. There is established in the Treasury a non-interest bearing fund to be known as the ‘Fisheries Enforcement Asset Forfeiture Fund’, which shall consist of all sums received as fines, penalties, and forfeitures of property for violations of any provisions of 16 U.S.C. chapter 38 or of any other marine resource law enforced by the Secretary of Commerce, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) and with the exception of collections pursuant to 16 U.S.C. 1437, which are currently deposited in the Operations, Research, and Facilities account: Provided, That all unobligated balances that have been collected pursuant to 16 U.S.C. 1861 or any other marine resource law enforced by the Secretary of Commerce with the exception of 16 U.S.C. 1437 shall be transferred from the Operations, Research, and Facilities account into the Fisheries Enforcement Asset Forfeiture Fund and shall remain available until expended.“Sec. 111. There is established in the Treasury a non-interest bearing fund to be known as the ‘Sanctuaries Enforcement Asset Forfeiture Fund’, which shall consist of all sums received as fines, penalties, and forfeitures of property for violations of any provisions of 16 U.S.C. chapter 38, which are currently deposited in the Operations, Research, and Facilities account: Provided, That all unobligated balances that have been collected pursuant to 16 U.S.C. 1437 shall be transferred from the Operations, Research, and Facilities account into the Sanctuaries Enforcement Asset Forfeiture Fund and shall remain available until expended.”
Pub. L. 110–161, div. B, title I, § 113, “(a) The Secretary of Commerce may—“(1) develop, maintain, and make public a list of vessels and vessel owners engaged in illegal, unreported, or unregulated fishing, including vessels or vessel owners identified by an international fishery management organization, whether or not the United States is a party to the agreement establishing such organization; and“(2) take appropriate action against listed vessels and vessel owners, including action against fish, fish parts, or fish products from such vessels, in accordance with applicable United States law and consistent with applicable international law, including principles, rights, and obligations established in applicable international fishery management and trade agreements.“(b) Action taken by the Secretary under subsection (a)(2) that include measures to restrict use of or access to ports or port services shall apply to all ports of the United States and its territories.“(c) The Secretary may promulgate regulations to implement this section.”
Pub. L. 109–241, title VIII, § 803,
Pub. L. 102–582, title II, § 202,