Collapse to view only § 3606. Violations and penalties
- § 3601. Definitions
- § 3602. United States representation on Council and Commissions
- § 3603. Receipt of Organization communications by Secretary of State
- § 3604. Regulations and reports
- § 3605. Cooperation with other agencies and institutions
- § 3606. Violations and penalties
- § 3607. Enforcement
- § 3608. Authorization of appropriations
§ 3601. Definitions
As used in this chapter, the term—
(1) “Act of 1976” means the Act entitled “An Act to provide for the conservation and management of the fisheries, and for other purposes”, approved April 13, 1976 (16 U.S.C. 1801 et seq.);
(2) “Commission” means any of the Commissions of the Organization that are established by the Convention;
(3) “Commissioner” means a United States Commissioner appointed under section 3602 of this title;
(4) “Convention” means the Convention for the Conservation of Salmon in the North Atlantic Ocean, signed at Reykjavik, Iceland, on March 2, 1982;
(5) “Council” means the Council established by the Convention;
(6) “fishing” has the same meaning as such term has in section 3(10) 1
1 See References in Text note below.
of the Act of 1976 (16 U.S.C. 1802(10));(7) “Organization” means the North Atlantic Salmon Conservation Organization established under the Convention;
(8) “person” has the same meaning as such term has in section 3(19) 1 of the Act of 1976 (16 U.S.C. 1802(19)); and
(9) “salmon” means all species of salmon which migrate in or into the waters of the Atlantic Ocean north of 36 degrees north latitude.
(Pub. L. 97–389, title III, § 302, Dec. 29, 1982, 96 Stat. 1951.)
§ 3602. United States representation on Council and Commissions
(a) Appointment and qualifications of Commissioners
(b) Alternate Commissioners
(c) Limited Federal employee status
(d) Consultation with other parties
(Pub. L. 97–389, title III, § 303, Dec. 29, 1982, 96 Stat. 1952; Pub. L. 98–44, title I, § 102(1), July 12, 1983, 97 Stat. 216; Pub. L. 117–286, § 4(a)(117), Dec. 27, 2022, 136 Stat. 4318.)
§ 3603. Receipt of Organization communications by Secretary of State
(a) Concurrence with Secretaries of Commerce and the Interior on regulatory measures; action on other matters
The Secretary of State may—
(1) receive, on behalf of the United States, reports, requests, recommendations, proposals, and other communications of the Organization and its subsidiary organs;
(2) with the concurrence of the Secretary of Commerce and the Secretary of the Interior, approve, object to, or withdraw objections to regulatory measures proposed in accordance with the Convention; and
(3) act upon, or refer to other appropriate authority, any communication referred to in paragraph (1) of this subsection other than a proposed regulatory measure.
(b) Submission to President on failure of concurrence on regulatory matters
If the concurrence required under subsection (a)(2) of this section has not been obtained by the Secretary of State—
(1) regarding the approval of, or the objection to, a proposed regulatory measure within forty-five days after the measure was received on behalf of the United States; or
(2) regarding the withdrawal of an objection of the United States to a proposed regulatory measure within forty-five days after such withdrawal is proposed by the Secretary of State;
the Secretary of State shall submit the matter in disagreement, together with a statement of the opposing positions, to the President for timely disposition.
(Pub. L. 97–389, title III, § 304, Dec. 29, 1982, 96 Stat. 1952.)
§ 3604. Regulations and reports
(a) Promulgation of regulations; implementation; applicability
(b) Preparation and submission of reports by certain Secretaries
(Pub. L. 97–389, title III, § 305, Dec. 29, 1982, 96 Stat. 1953.)
§ 3605. Cooperation with other agencies and institutions
(a) Federal and State agencies; private institutions
(b) Use of Federal facilities; reimbursement
(Pub. L. 97–389, title III, § 306, Dec. 29, 1982, 96 Stat. 1953.)
§ 3606. Violations and penalties
(a) Directed fishing for salmon; Convention, rules and regulations
It is unlawful for any person, or any vessel, subject to the jurisdiction of the United States—
(1) to conduct directed fishing for salmon in waters seaward of twelve miles from the baselines from which the breadths of territorial seas are measured, in waters of the Atlantic Ocean north of 36 degrees north latitude; or
(2) to violate any provision of the Convention or this chapter, or of any regulation promulgated under this chapter.
(b) Civil and criminal penalties
Any person who commits any act that is unlawful under subsection (a) of this section shall—
(1) be liable to the United States for a civil penalty under section 308 of the Act of 1976 (16 U.S.C. 1858) to the same extent as if such act were an act prohibited under section 307 of the Act of 1976 (16 U.S.C. 1857); and
(2) be guilty of an offense under section 309 of the Act of 1976 (16 U.S.C. 1859) to the same extent as if such act were an act prohibited by section 307(1)(D), (E), (F), or (H) of the Act of 1976 (16 U.S.C. 1857(1)(D), (E), (F), or (H)).
(c) Civil forfeiture of vessel
(Pub. L. 97–389, title III, § 307, Dec. 29, 1982, 96 Stat. 1953; Pub. L. 98–44, title I, § 102(2), July 12, 1983, 97 Stat. 216.)
§ 3607. Enforcement
The Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating shall enforce the provisions of this chapter and any regulation issued under this chapter. For purposes of such enforcement, such provisions and regulations shall be considered to be provisions of the Act of 1976 [16 U.S.C. 1801 et seq.] to which section 311(a), (b), (c), and (d) of the Act of 1976 (16 U.S.C. 1861(a), (b), (c), and (d), respectively) apply.
(Pub. L. 97–389, title III, § 308, Dec. 29, 1982, 96 Stat. 1953.)
§ 3608. Authorization of appropriations
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 Commissioners and alternate Commissioners in accordance with the Federal Travel Regulation and sections 5701, 5702, 5704 through 5708, and 5731 of title 5; and
(2) the United States contribution to the Organization as provided in Article 16 of the Convention, not to exceed $50,000 for fiscal year 1983, and not to exceed, for each succeeding fiscal year, the amount assessed by the Organization for the United States for such year.
(Pub. L. 97–389, title III, § 309, Dec. 29, 1982, 96 Stat. 1954.)