481 



servation and management of fishery resources 

 that were undertaken under this Act during the 

 preceding calendar year. 



(g) Responsibility of the Secretary. — The 

 Secretary shall have general responsibility to carry 

 out any fishery management plan or amendment 

 approved or prepared by him, in accordance with 

 the provisions of this Act. The Secretary may pro- 

 mulgate such regulations, in accordance with sec- 

 tion 553 of title 5, United States Code, as may be 

 necessary to discharge such responsibility or to 

 carry out any other provision of this Act. 



SEC 306. STATE JURISDICTION 



(a) In General. — Except as provided in subsec- 

 tion (b) , nothing in this Act shall be construed as 

 extending or diminishing the jurisdiction or au- 

 thority of any State within its boundaries. No State 

 may directly or indirectly regulate any fishing 

 which is engaged in by any fishing vessel outside 

 its boundaries, unless such vessel is registered under 

 the laws of such State. 



(b) Exception. — (1) If the Secretary finds, after 

 notice and an opportunity for a hearing in accord- 

 ince with section 554 of title 5, United States Code, 

 that — 



(A) the fishing in a fishery, which is covered by 

 a fishery management plan implemented under 

 this Act, is engaged in predominately within the 

 fishery conservation zone and beyond such zone ; 

 and 



(B) any State has taken any action, or omitted 

 to take any action, the results of which will sub- 

 stantially and adversely affect the carrying out 

 of such fishery management plan; 



the Secretary shall promptly notify such State and 

 the appropriate Council of such finding and of his 

 intention to regulate the applicable fishery within 

 the boundaries of such State (other than its in- 

 ternal waters) , pursuant to such fishery manage- 

 ment plan and the regulations promulgated to im- 

 plement such plan. 



(2) If the Secretary, pursuant to this subsection, 

 assumes responsibility for the regulation of any 

 fishery, the State involved may at any time there- 

 after apply to the Secretary for reinstatement of 

 its authority over such fishery. If the Secretary 

 finds that the reasons for which he assumed such 

 regulation no longer prevail, he shall promptly 

 terminate such regulation. 



SEC. 307. PROHIBITED ACTS. 



It is unlawful — 



(1) for any person — 



(A) to violate any provision of this Act or 

 any regulation or permit issued pursuant to 

 this Act; 



(B) to use any fishing vessel to engage in 

 fishing after the revocation, or during the 

 period of suspension, of an applicable permit 

 issued pursuant to this Act; 



(C) to violate any provision of, or regulation 

 under, an applicable governing international 

 fishery agreement entered into pursuant to sec- 



tion 201 (c) ; 



(D) to refuse to permit any officer authorized 

 to enforce the provisions of this Act (as pro- 

 vided for in section 311) to board a fishing ves- 

 sel subject to such person's control for pur- 

 poses of conducting any search or inspection in 

 connection with the enforcement of this Act 

 or any regulation, permit, or agreement re- 

 ferred to in subparagraph (A) or (C) ; 



(E) to forcibly assault, resist, oppose, im- 

 pede, intimidate, or interfere with any such 

 authorized ofBcer in the conduct of any search 

 or inspection described in subparagraph (D) ; 



(F) to resist a lawful arrest for any act pro- 

 hibited by this section; 



(G) to ship, transport, offer for sale, sell, 

 purchase. Import, export, or have custody, con- 

 trol, or possession of, any fish taken or retained 

 in violation of this Act or any regulation, per- 

 mit, or agreement referred to in subparagraph 

 (A) or (C); or 



(H) to interfere with, delay, or prevent, by 

 any means, the apprehension or arrest of an- 

 other person, knowing that such other person 

 has committed any act prohibited by this sec- 

 tion; and 



(2) for any vessel other than a vessel of the 

 United States, and for the owner or operator of 

 any vessel other than a vessel of the United 

 States, to engage in fishing — 



'A) within the boundaries of any State; or 

 (B) within the fishery conservation zone, or 

 for any anadromous species or Continental 

 Shelf fishery resources beyond such zone, un- 

 less such fishing is authorized by, and con- 

 ducted in accordance with, a valid and appli- 

 cable permit issued pursuant to section 204 

 (b) or (c). 



SEC 308. CIVIL PENALTIES 



(a) Assessment of Penalty. — Any person who 

 is found by the Secretary, after notice and an 

 opportunity for a hearing in accordance with sec- 

 tion 554 of title 5, United States Code, to have 

 committed an act prohibited by section 307 shall 

 be liable to the United States for a civil penalty. 

 The amount of the civil penalty shall not exceed 

 $25,000 for each violation. Each day of a continuing 

 violation shall constitute a separate offense. The 

 amount of such civil penalty shall be assessed by 

 the Secretary, or his designee, by written notice. 

 In determining the amount of such penalty, the 

 Secretary shall take into account the nature, cir- 

 cumstances, extent, and gravity of the prohibited 

 acts committed and, with respect to the violator, 

 the degree of culpability, any history of prior of- 

 fenses, ability to pay, and such other matters as 

 justice may require. 



(b) Review of Civil Penalty. — Any fjerson 

 against whom a civil penalty is assessed under sub- 

 section (a) may obtain review thereof in the ap- 

 propriate court of the United States by filing a 

 notice of appeal in such court within 30 days from 

 the date of such order and by simultaneously send- 



