Editorial Notes
References in Text

This chapter, referred to in subsecs. (a)(1), (3), (d)(1), (2), and (e), was in the original “this Act”, meaning Pub. L. 97–79, Nov. 16, 1981, 95 Stat. 1073, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3371 of this title and Tables.

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (e), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Codification

“Magnuson-Stevens Fishery Conservation and Management Act” substituted for “Fishery Conservation and Management Act of 1976” in subsec. (e), on authority of Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, which provided that all references to the Fishery Conservation and Management Act of 1976 be redesignated as references to the Magnuson Fishery Conservation and Management Act and Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, which provided that all references to the Magnuson Fishery Conservation and Management Act be redesignated as references to the Magnuson-Stevens Fishery Conservation and Management Act.

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2022—Subsec. (a)(1). Pub. L. 117–243, § 4(a), inserted “(e),” after “(d),” and “, (e),” after “subsection (d)”.

Subsec. (d)(1)(A). Pub. L. 117–243, § 4(b)(1), inserted “(e),” after “(d),”.

Subsec. (d)(1)(B). Pub. L. 117–243, § 4(b)(2), inserted “(e),” after “(d),”.

Subsec. (d)(2). Pub. L. 117–243, § 4(b)(3), inserted “(e),” after “(d),”.

Subsec. (d)(4). Pub. L. 117–243, § 4(b)(4), added par. (4).

2008—Subsec. (a)(1). Pub. L. 110–246, § 8204(f), made technical corrections to directory language of Pub. L. 100–653, § 102(c). See 1988 Amendment note below.

Pub. L. 110–246, § 8204(c)(1), (2), substituted “subsections (b), (d), and (f) of section 3372” for “subsections (b) and (d) of section 3372” and “subsection (d) or (f) of section 3372” for “section 3372(d)”.

Subsec. (a)(2). Pub. L. 110–246, § 8204(c)(3), substituted “subsection (b) or (f) of section 3372 of this title, except as provided in paragraph (1),” for “subsection 3372(b)”.

Subsec. (d)(1), (2). Pub. L. 110–246, § 8204(f), made technical corrections to directory language of Pub. L. 100–653, § 102(c). See 1988 Amendment note below.

Pub. L. 110–246, § 8204(c)(1), substituted “subsections (b), (d), and (f) of section 3372” for “subsections (b) and (d) of section 3372” in pars. (1)(A), (B), and (2).

Subsec. (d)(3). Pub. L. 110–246, § 8204(c)(2), substituted “subsection (d) or (f) of section 3372” for “section 3372(d)” in introductory provisions.

1988—Subsec. (a)(1). Pub. L. 100–653, § 102(c), as amended by Pub. L. 110–246, § 8204(f), substituted “(other than subsections (b) and (d) of section 3372 of this title)” for “(other than subsection 3372(b) of this title)”.

Pub. L. 100–653, § 102(a), inserted “and any person who knowingly violates section 3372(d) of this title,” after “any underlying law, treaty, or regulation,”.

Subsec. (c). Pub. L. 100–653, § 103, amended first sentence generally. Prior to amendment, first sentence read as follows: “Any person against whom a civil penalty is assessed under this section may obtain review thereof in the appropriate district court of the United States by filing a notice of appeal in such court within thirty days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary.”

Subsec. (d)(1), (2). Pub. L. 100–653, § 102(c), as amended by Pub. L. 110–246, § 8204(f), substituted “(other than subsections (b) and (d) of section 3372 of this title)” for “(other than subsection 3372(b) of this title)” in pars. (1)(A), (B), and (2).

Subsec. (d)(3). Pub. L. 100–653, § 102(b), added par. (3).

Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Pub. L. 110–234, title VIII, § 8204(f), May 22, 2008, 122 Stat. 1294, and Pub. L. 110–246, § 4(a), title VIII, § 8204(f), June 18, 2008, 122 Stat. 1664, 2056, provided that the amendment made by section 8204(f) is effective Nov. 14, 1988, and as if included in the enactment of section 102(c) of Pub. L. 100–653.

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]

Transfer of Functions

For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.