16 U.S.C. § 1827a — Prohibition on sale of billfish
submitted 14 years ago by Pub. L. 112-183 to r/title-16-CONSERVATION · 212 words · no verdicts yet
No one may offer billfish or billfish products for sale, sell them, or possess them for those purposes, subject to two local-fishery and local-consumption exemptions. The section treats violations as prohibited acts and defines which fish are and are not billfish.
(a) Prohibition. No person* may offer billfish or a product containing billfish for sale, sell it, or possess or control it for either purpose.
(b) Penalty. For section 1858(a), a violation is treated as an act prohibited by section 1857.
(c) Exemptions for traditional fisheries and markets. (1) Subsection (a) does not cover billfish caught by United States vessels and landed and kept in Hawaii or the Pacific Insular Areas. (2) It does not cover billfish landed by foreign vessels in those Pacific areas when the foreign-caught billfish is exported to non-United States markets or kept in Hawaii and those areas for local consumption.
(d) Billfish defined. “Billfish” means fish* of these species: (1)(A) Makaira nigricans (blue marlin); (B) Kajikia audax (striped marlin); (C) Istiompax indica (black marlin); (D) Istiophorus platypterus (sailfish); (E) Tetrapturus angustirostris (shortbill spearfish); (F) Kajikia albida (white marlin); (G) Tetrapturus georgii (roundscale spearfish); (H) Tetrapturus belone (Mediterranean spearfish); and (I) Tetrapturus pfluegeri (longbill spearfish). (2) It does not include Xiphias gladius (swordfish).
No person* shall offer for sale, sell, or have custody, control, or possession of for purposes of offering for sale or selling billfish or products containing billfish.
For purposes of section 1858(a) of this title, a violation of this section shall be treated as an act prohibited by section 1857 of this title.
Subsection (a) does not apply to billfish caught by US fishing* vessels and landed and retained in the State* of Hawaii or Pacific Insular Areas as defined in section 1802(35) of this title.
Subsection (a) does not apply to billfish landed by foreign fishing* vessels in the Pacific Insular Areas when the foreign caught billfish is exported to non-US markets or retained within Hawaii and the Pacific Insular Areas for local consumption.
In this section the term “billfish”—
means any fish* of the species—
Makaira nigricans (blue marlin);
Kajikia audax (striped marlin);
Istiompax indica (black marlin);
Istiophorus platypterus (sailfish);
Tetrapturus angustirostris (shortbill spearfish);
Kajikia albida (white marlin);
Tetrapturus georgii (roundscale spearfish);
Tetrapturus belone (Mediterranean spearfish); and
Tetrapturus pfluegeri (longbill spearfish); and
does not include the species Xiphias gladius (swordfish).
Source credit: (Pub. L. 112–183, § 4, Oct. 5, 2012, 126 Stat. 1422; Pub. L. 115–228, § 1, Aug. 2, 2018, 132 Stat. 1628.)
- 2012Enacted · Pub. L. 112-183 · 126 Stat. 1422
- 2018Amended · Pub. L. 115-228 · 132 Stat. 1628
A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-183 on 2012-10-05.
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