Sec. 12. Enforcement
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It is unlawful for any person— to violate any provision of this Act or any regulation or permit issued pursuant to this Act; to refuse to permit any officer authorized to enforce the provisions of this Act (in accordance with subsection (b)) access an offshore aquaculture facility subject to such person’s control, or any onshore facility, vessel, or other conveyance associated with such facility, for purposes of conducting any search or inspection in connection with the enforcement of this Act or any regulation or permit referred to in paragraph (1); to assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in paragraph (2); to resist a lawful arrest for any act prohibited by this subsection; to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish produced, taken, retained, or possessed in violation of this Act or any regulation or permit referred to in paragraph (1); 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 subsection; to knowingly and willfully submit to the Secretary or the Governor of a State false information regarding any matter that the Secretary or Governor is considering in the course of carrying out this Act; or without authorization, to remove, damage, or tamper with— an offshore aquaculture facility owned by another person, which is located in the exclusive economic zone, including any component thereof; or cultured species contained in such facility or component thereof.
The authorities and responsibilities under subsections (a), (b), (c), and
(e)of section 311 and subsection
(f)of section 308 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861 , 1858) and paragraphs (2), (3), and
(7)of section 310(b) of the Antarctic Marine Living Resources Convention Act of 1984 ( 16 U.S.C. 2439(b) ) shall apply with respect to enforcement of this Act. For purposes of enforcing this Act, any reference in the subsections and paragraphs listed in paragraph (1)— to a vessel or fishing vessel includes all offshore aquaculture facilities, and all associated onshore facilities, vessels, and other conveyances; and to fish , marine resource , or marine resources includes cultured species. The subsections and paragraphs listed in paragraph
(1)apply to violations of this Act and any regulations promulgated under this Act. Any person who commits any act that is unlawful under subsection
(a)shall be liable to the United States for a civil penalty, and may be subject to a permit sanction, under section 308(g) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858(g) ). Any offshore aquaculture facility, and any associated onshore facilities, vessel, or other conveyance (including its gear, furniture, appurtenances, stores, and cargo) used, and any cultured species (or the fair market value thereof) produced, taken, sold, purchased, retained, imported, exported, or possessed in connection with or as result of the commission of any act prohibited by subsection
(a)shall be subject to forfeiture under section 310 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1860 ). Any person who commits any act prohibited by paragraph (2), (3), (4), (6), or
(7)of subsection
(a)is guilty of an offense under section 309 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1859 ). Notwithstanding any other provision of law, no enforcement action under this Act may take place without a warrant, if a warrant would be required for the enforcement of a similar provision of law under Federal or applicable State law.
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