dreamproit/uscode huggingface dataset:
16 U.S.C. § 4907 (CONSERVATION)
§ 4907. Moratoria for species not covered by Convention
(a) In general
The Secretary shall—
(1) review periodically the trade in species of exotic birds that are not listed in any Appendix to the Convention; and
(2) after notice and an opportunity for public comment, establish a moratorium or quota on—
(A) importation of any species of exotic birds from one or more countries of origin for the species, if the Secretary determines that—
(i) the findings described in section 4905(c)(2), (3), and (4) of this title cannot be made with respect to the species; and
(ii) the moratorium or quota is necessary for the conservation of the species or is otherwise consistent with the purpose of this chapter; or
(B) the importation of all species of exotic birds from a particular country, if—
(i) the country has not developed and implemented a management program for exotic birds in trade generally, that ensures both the conservation and the humane treatment of exotic birds during capture, transport, and maintenance; and
(ii) the Secretary finds that the moratorium or quota is necessary for the conservation of the species or is otherwise consistent with the purpose of this chapter.
(b) Termination of quota or moratorium
The Secretary shall terminate a quota or moratorium established under subsection (a) if the Secretary finds that the reasons for establishing the quota or moratorium no longer exist.
(Pub. L. 102–440, title I, § 108, Oct. 23, 1992, 106 Stat. 2229.)
16 U.S.C. § 4908 (CONSERVATION)
§ 4908. Call for information
Within one month after October 23, 1992, the Secretary shall issue a call for information on the wild bird conservation program of each country that exports exotic birds, by—
(1) publishing a notice in the Federal Register requesting submission of such information to the Secretary by all interested persons; and
(2) submitting a written request for such information through the Secretary of State to each country that exports exotic birds.
(Pub. L. 102–440, title I, § 109, Oct. 23, 1992, 106 Stat. 2229.)
16 U.S.C. § 4909 (CONSERVATION)
§ 4909. Petitions
(a) In general
Any person may at any time submit to the Secretary a petition in writing requesting that the Secretary exercise authority of the Secretary under this chapter to—
(1) establish, modify, or terminate any prohibition, suspension, or quota under this chapter on importation of any species of exotic bird;
(2) add a species of exotic bird to, or remove such a species from, a list under section 4905 of this title; or
(3) determine under section 4906 of this title whether an exotic bird breeding facility is a qualifying facility.
(b) Consideration and ruling
For each petition submitted to the Secretary in accordance with subsection (a), the Secretary shall—
(1) within 90 days after receiving the petition, issue and publish in the Federal Register a preliminary ruling regarding whether the petition presents sufficient information indicating that the action requested in the petition might be warranted; and
(2) for each petition determined to present such sufficient information—
(A) provide an opportunity for the submission of public comment on the petition; and
(B) issue and publish in the Federal Register a final ruling on the petition, by not later than 90 days after the end of the period for public comment.
(Pub. L. 102–440, title I, § 110, Oct. 23, 1992, 106 Stat. 2229.)
16 U.S.C. § 4910 (CONSERVATION)
§ 4910. Prohibited acts
(a) Prohibitions
(1) In general
Subject to paragraph (2), it is unlawful for any person to—
(A) import any exotic bird in violation of any prohibition, suspension, or quota on importation under section 4904 or 4907 of this title;
(B) import an exotic bird of a species that pursuant to section 4905(a)(2)(B) of this title is included in a list under section 4905 of this title, if the bird was not captive bred at a qualifying facility; or
(C) violate any regulation promulgated by the Secretary pursuant to authority provided by this chapter.
(2) Limitation
Paragraph (1)(A) and (B) does not apply to importations made incident to the transit of exotic birds through the United States to foreign countries if the applicable requirements of the Convention have been satisfied with respect to the trade in those exotic birds.
(b) Burden of proof for exemptions
Any person claiming the benefit of any exemption or permit under this chapter shall have the burden of proving that the exemption or permit is applicable or has been granted, and was valid and in force at the time of the alleged violation.
(Pub. L. 102–440, title I, § 111, Oct. 23, 1992, 106 Stat. 2230.)
16 U.S.C. § 4911 (CONSERVATION)
§ 4911. Exemptions
Notwithstanding any prohibition, suspension, or quota under this chapter on the importation of a species of exotic bird, the Secretary may, through the issuance of import permits, authorize the importation of a bird of the species if the Secretary determines that such importation is not detrimental to the survival of the species and the bird is being imported exclusively for any of the following purposes:
(1) Scientific research.
(2) As a personally owned pet of an individual who is returning to the United States after being continuously out of the country for a minimum of one year, except that an individual may not import more than 2 exotic birds under this paragraph in any year.
(3) Zoological breeding or display programs.
(4) Cooperative breeding programs that are—
(A) designed to promote the conservation of the species and maintain the species in the wild by enhancing the propagation and survival of the species; and
(B) developed and administered by, or in conjunction with, an avicultural, conservation, or zoological organization that meets standards developed by the Secretary.
(Pub. L. 102–440, title I, § 112, Oct. 23, 1992, 106 Stat. 2230.)
16 U.S.C. § 4913 (CONSERVATION)
§ 4913. Exotic bird conservation assistance
(a) Assistance
The Secretary, subject to the availability of appropriations, shall use amounts in the Exotic Bird Conservation Fund established by subsection (b) to provide financial and technical assistance for projects to conserve exotic birds in their native countries. In selecting projects for assistance, the Secretary shall give particular attention to species that are subject to an import moratorium or quota under this chapter, in order to assist those countries in the development and implementation of conservation management programs, or law enforcement, or both.
(b) Fund
(1) Establishment
There is established in the Treasury a separate account, which shall be known as the “Exotic Bird Conservation Fund”.
(2) Contents
The Fund shall consist of—
(A) all amounts received by the United States in the form of penalties, fines, or forfeiture of property collected under this chapter in excess of the cost of paying rewards under section 4912(c) of this title;
(B) donations received by the Secretary for exotic bird conservation; and
(C) such amounts as are appropriated to the Secretary for conserving exotic birds.
(c) Review and report on other conservation opportunities
The Secretary, in consultation with appropriate representatives of industry, the conservation community, the Secretariat of the Convention, and other national and international bodies, shall—
(1) review opportunities for a voluntary program of labeling exotic birds, certification of exotic bird breeding facilities and retail outlets, and provision of privately organized or funded technical assistance to other nations; and
(2) report to the Congress the results of this review within 2 years after October 23, 1992.
(Pub. L. 102–440, title I, § 114, Oct. 23, 1992, 106 Stat. 2232.)
16 U.S.C. § 4914 (CONSERVATION)
§ 4914. Marking and recordkeeping
(a) In general
The Secretary is authorized to promulgate regulations to require marking or recordkeeping that the Secretary determines will contribute significantly to the ability of the Secretary to ensure compliance with the prohibitions of section 4910 of this title, for—
(1) any exotic bird that is imported after October 23, 1992; or
(2) any other exotic bird that is—
(A) hatched after October 23, 1992;
(B) offered for sale; and
(C) of a species—
(i) the export of which from any country of origin is prohibited; and
(ii) that is subject to a high level of illegal trade.
(b) Avoiding deterrence of breeding
The Secretary shall seek to ensure that regulations promulgated under this section will not have the effect of deterring captive breeding of exotic birds.
(Pub. L. 102–440, title I, § 115, Oct. 23, 1992, 106 Stat. 2232.)
16 U.S.C. § 4915 (CONSERVATION)
§ 4915. Authorization of appropriations
There are authorized to be appropriated to the Secretary $5,000,000 for each of the fiscal years 1993, 1994, and 1995 to carry out this chapter, to remain available until expended.
(Pub. L. 102–440, title I, § 116, Oct. 23, 1992, 106 Stat. 2233.)
16 U.S.C. § 4916 (CONSERVATION)
§ 4916. Relationship to State law
Nothing in this chapter may be construed as precluding the regulation under State law of the sale, transfer, or possession of exotic birds if such regulation—
(1) does not authorize any sale, transfer, or possession of exotic birds that is prohibited under this chapter; and
(2) is consistent with the international obligations of the United States.
(Pub. L. 102–440, title I, § 117, Oct. 23, 1992, 106 Stat. 2233.)
16 U.S.C. § 5001 (CONSERVATION)
§ 5001. Purpose
It is the purpose of this chapter to implement the Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean, signed in Moscow, February 11, 1992.
(Pub. L. 102–567, title VIII, § 802, Oct. 29, 1992, 106 Stat. 4309; Pub. L. 102–587, title VIII, § 8002, Nov. 4, 1992, 106 Stat. 5098; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title VIII of Pub. L. 102–567, which is classified generally to this chapter. For complete classification of title VIII to the Code, see Short Title note below and Tables.
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 102–587, title VIII, § 8001, Nov. 4, 1992, 106 Stat. 5098, which provided that title VIII of Pub. L. 102–587, which enacted this chapter and repealed sections 1021 to 1023, 1025 to 1027, 1029, 1030, and 1032 to 1035 of this title and provisions set out as notes under section 1021 of this title, could be cited as the “North Pacific Anadromous Stocks Convention Act of 1992”, was repealed by Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.
Pub. L. 102–567, title VIII, § 801, Oct. 29, 1992, 106 Stat. 4309, provided that: “This title [enacting this chapter and repealing sections 1021 to 1023, 1025 to 1027, 1029, 1030, and 1032 to 1035 of this title and provisions set out as notes under section 1021 of this title] may be cited as the ‘North Pacific Anadromous Stocks Act of 1992’.”
16 U.S.C. § 5005 (CONSERVATION)
§ 5005. Commission recommendations
The Secretary, with the concurrence of the Secretary of Commerce, may accept or reject, on behalf of the United States, recommendations made by the Commission in accordance with article IX of the Convention.
(Pub. L. 102–567, title VIII, § 806, Oct. 29, 1992, 106 Stat. 4311; Pub. L. 102–587, title VIII, § 8006, Nov. 4, 1992, 106 Stat. 5101; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)
heading: Editorial Notes
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
16 U.S.C. § 5006 (CONSERVATION)
§ 5006. Administration and enforcement of Convention
(a) Responsibilities
The Secretary of Commerce shall be responsible for administering provisions of the Convention, this chapter, and regulations issued under this chapter. The Secretary, in consultation with the Secretary of Commerce and the Secretary of Transportation, shall be responsible for coordinating the participation of the United States in the Commission.
(b) Consultation and cooperation
In carrying out such functions, the Secretary of Commerce—
(1) shall, in consultation with the Secretary of Transportation and the United States Section, issue such regulations as may be necessary to carry out the purposes and objectives of the Convention and this chapter; and
(2) may, with the concurrence of the Secretary, cooperate with the authorized officials of the government of any Party.
(Pub. L. 102–567, title VIII, § 807, Oct. 29, 1992, 106 Stat. 4311; Pub. L. 102–587, title VIII, § 8007, Nov. 4, 1992, 106 Stat. 5101; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)
heading: Editorial Notes
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
16 U.S.C. § 5007 (CONSERVATION)
§ 5007. Cooperation with other agencies
(a) In general
Any agency of the Federal Government is authorized, upon request of the Commission, to cooperate in the conduct of scientific and other programs, and to furnish, on a reimbursable basis, facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the Convention. Such agency may accept reimbursement from the Commission.
(b) Functions of Secretary of Commerce
In carrying out the provisions of the Convention and this chapter, the Secretary of Commerce may arrange for cooperation with agencies of the United States, the States, private institutions and organizations, and agencies of the government of any Party, to conduct scientific and other programs, and may execute such memoranda as may be necessary to reflect such agreements.
(Pub. L. 102–567, title VIII, § 808, Oct. 29, 1992, 106 Stat. 4312; Pub. L. 102–587, title VIII, § 8008, Nov. 4, 1992, 106 Stat. 5101; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)
heading: Editorial Notes
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
16 U.S.C. § 5009 (CONSERVATION)
§ 5009. Unlawful activities
It is unlawful for any person or fishing vessel subject to the jurisdiction of the United States—
(1) to fish for any anadromous fish in the Convention area;
(2) to retain on board any anadromous fish taken incidentally in a fishery directed at nonanadromous fish in the Convention area;
(3) to fail to return immediately to the sea any anadromous fish taken incidentally in a fishery directed at nonanadromous fish in the Convention area;
(4) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any anadromous fish taken or retained in violation of the Convention, this chapter, or any regulation issued under this chapter;
(5) to refuse to permit any enforcement officer to board a fishing vessel subject to such person’s control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of the Convention, this chapter, or any regulation issued under this chapter;
(6) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any enforcement officer in the conduct of any search, investigation, or inspection described in paragraph (5);
(7) to resist a lawful arrest or detection for any act prohibited by this section;
(8) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing that such person has committed any act prohibited by this section; or
(9) to violate any provision of the Convention, this chapter, or any regulation issued under this chapter.
(Pub. L. 102–567, title VIII, § 810, Oct. 29, 1992, 106 Stat. 4313; Pub. L. 102–587, title VIII, § 8010, Nov. 4, 1992, 106 Stat. 5103; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806; Pub. L. 114–81, title I, § 103(a), Nov. 5, 2015, 129 Stat. 657.)
heading: Editorial Notes
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted substantially identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
heading: Amendments
text: 2015—Pars. (5), (6). Pub. L. 114–81 inserted “, investigation,” after “search”.
16 U.S.C. § 5010 (CONSERVATION)
§ 5010. Additional prohibitions and enforcement
For additional prohibitions relating to this chapter and enforcement of this chapter, see section 1826g of this title.
(Pub. L. 102–567, title VIII, § 811, Oct. 29, 1992, 106 Stat. 4314; Pub. L. 102–587, title VIII, § 8011, Nov. 4, 1992, 106 Stat. 5103; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806; Pub. L. 114–81, title I, § 103(b), Nov. 5, 2015, 129 Stat. 657.)
heading: Editorial Notes
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted substantially identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
heading: Amendments
text: 2015—Pub. L. 114–81 amended section generally. Prior to amendment, section related to civil penalties, offenses, and forfeiture.
16 U.S.C. § 5011 (CONSERVATION)
§ 5011. Funding requirements
(a) Authorization
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 United States Commissioners or Alternate Commissioners; and
(2) the United States’ share of the joint expenses of the Commission.
(b) Research
Such funds as shall be made available to the Secretary of Commerce for research and related activities shall be expended to carry out the program of the Commission in accordance with the recommendations of the United States Section and to carry out other research and observer programs pursuant to the Convention.
(Pub. L. 102–567, title VIII, § 812, Oct. 29, 1992, 106 Stat. 4316; Pub. L. 102–587, title VIII, § 8012, Nov. 4, 1992, 106 Stat. 5105; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)
heading: Editorial Notes
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted substantially identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
16 U.S.C. § 5012 (CONSERVATION)
§ 5012. Disposition of property
The Secretary shall dispose of any United States property held by the International North Pacific Fisheries Commission on the date of its termination in a manner that would further the purposes of this chapter.
(Pub. L. 102–567, title VIII, § 813, Oct. 29, 1992, 106 Stat. 4316; Pub. L. 102–587, title VIII, § 8013, Nov. 4, 1992, 106 Stat. 5106; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)
heading: Editorial Notes
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
16 U.S.C. § 5103 (CONSERVATION)
§ 5103. State-Federal cooperation in Atlantic coastal fishery management
(a) Federal support for State coastal fisheries programs
The Secretary in cooperation with the Secretary of the Interior shall develop and implement a program to support the interstate fishery management efforts of the Commission. The program shall include activities to support and enhance State cooperation in collection, management, and analysis of fishery data; law enforcement; habitat conservation; fishery research, including biological and socioeconomic research; and fishery management planning.
(b) Federal regulation in exclusive economic zone
(1) In the absence of an approved and implemented fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and after consultation with the appropriate Councils, the Secretary may implement regulations to govern fishing in the exclusive economic zone that are—
(A) compatible with the effective implementation of a coastal fishery management plan; and
(B) consistent with the national standards set forth in section 301 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851).
The regulations may include measures recommended by the Commission to the Secretary that are necessary to support the provisions of the coastal fishery management plan. Regulations issued by the Secretary to implement an approved fishery management plan prepared by the appropriate Councils or the Secretary under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) shall supersede any conflicting regulations issued by the Secretary under this subsection.
(2) The provisions of sections 307, 308, 309, 310, and 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861) regarding prohibited acts, civil penalties, criminal offenses, civil forfeitures, and enforcement shall apply with respect to regulations issued under this subsection as if such regulations were issued under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(Pub. L. 103–206, title VIII, § 804, Dec. 20, 1993, 107 Stat. 2449; Pub. L. 104–297, title IV, § 404(b), Oct. 11, 1996, 110 Stat. 3619; Pub. L. 106–555, title I, § 122(b)(3), Dec. 21, 2000, 114 Stat. 2766.)
heading: Editorial Notes
heading: References in Text
text: The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b), 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.
heading: Amendments
text: 2000—Subsec. (b). Pub. L. 106–555 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery” wherever appearing.
1996—Subsec. (b)(1)(A). Pub. L. 104–297 substituted “compatible with” for “necessary to support”.