dreamproit/uscode huggingface dataset:
16 U.S.C. § 5402 (CONSERVATION)
§ 5402. National maritime heritage policy
It shall be the policy of the Federal Government, in partnership with the States and local governments and private organizations and individuals, to—
(1) use measures, including financial and technical assistance, to foster conditions under which our modern society and our historic maritime resources can exist in productive harmony;
(2) provide leadership in the preservation of the historic maritime resources of the United States;
(3) contribute to the preservation of historic maritime resources and give maximum encouragement to organizations and individuals undertaking preservation by private means; and
(4) assist State and local governments to expand their maritime historic preservation programs and activities.
(Pub. L. 103–451, § 3, Nov. 2, 1994, 108 Stat. 4770.)
16 U.S.C. § 5406 (CONSERVATION)
§ 5406. Definitions
In this chapter:
(1) Committee
The term “Committee” means the Maritime Heritage Grants Advisory Committee established under section 5404 of this title.
(2) National Trust
The term “National Trust” means the National Trust for Historic Preservation created by section 468 of this title.
(3) Private nonprofit organization
The term “private nonprofit organization” means any person that is exempt from taxation under section 501(a) of title 26 and described in section 501(c)(3) of title 26.
(4) Program
The term “Program” means the National Maritime Heritage Grants Program established by section 5403(a) of this title.
(5) Secretary
The term “Secretary” means the Secretary of the Interior.
(6) State Historic Preservation Officer
The term “State Historic Preservation Officer” means a State Historic Preservation Officer appointed pursuant to paragraph (1)(A) of section 470a(b) of this title by the Governor of a State having a State Historic Preservation Program approved by the Secretary under that section.
(Pub. L. 103–451, § 7, Nov. 2, 1994, 108 Stat. 4777.)
16 U.S.C. § 5407 (CONSERVATION)
§ 5407. Regulations
The Secretary, after consultation with the National Trust, the National Conference of State Historic Preservation Officers, and appropriate members of the maritime heritage community, shall promulgate appropriate guidelines, procedures, and regulations within 1 year after November 2, 1994, to carry out the chapter, including regulations establishing terms of office for the initial membership of the Committee, direct grant and subgrant priorities, the method of solicitation and review of direct grant and subgrant proposals, criteria for review of direct grant and subgrant proposals, administrative requirements, reporting and recordkeeping requirements, and any other requirements the Secretary considers appropriate.
(Pub. L. 103–451, § 8, Nov. 2, 1994, 108 Stat. 4778.)
16 U.S.C. § 5408 (CONSERVATION)
§ 5408. Savings provision
The authorities contained in this chapter shall be in addition to, and shall not be construed to supercede or modify those contained in the National Historic Preservation Act (16 U.S.C. 470—470x–6).
(Pub. L. 103–451, § 9, Nov. 2, 1994, 108 Stat. 4778.)
heading: References in Text
text: The National Historic Preservation Act, referred to in text, is Pub. L. 89–665, Oct. 15, 1966, 80 Stat. 915, as amended, which is classified generally to subchapter II (§ 470 et seq.) of chapter 1A of this title. For complete classification of this Act to the Code, see section 470 of this title and Tables.
16 U.S.C. § 5409 (CONSERVATION)
§ 5409. Designation of America’s National Maritime Museum
(a) In general
America’s National Maritime Museum is comprised of those museums designated by law to be museums of America’s National Maritime Museum on the basis that they—
(1) house a collection of maritime artifacts clearly representing the Nation’s maritime heritage; and
(2) provide outreach programs to educate the public about the Nation’s maritime heritage.
(b) Initial designation of museums
The following museums (meeting the criteria specified in subsection (a) of this section) are hereby designated as museums of America’s National Maritime Museum:
(1) The Mariners’ Museum, located at 100 Museum Drive, Newport News, Virginia.
(2) The South Street Seaport Museum, located at 207 Front Street, New York, New York.
(c) Future designation of other museums not precluded
The designation of the museums referred to in subsection (b) of this section as museums of America’s National Maritime Museum does not preclude the designation by law after October 17, 1998, of any other museum that meets the criteria specified in subsection (a) of this section as a museum of America’s National Maritime Museum.
(d) Reference to museums
Any reference in any law, map, regulation, document, paper, or other record of the United States to a museum designated by law to be a museum of America’s National Maritime Museum shall be deemed to be a reference to that museum as a museum of America’s National Maritime Museum.
(Pub. L. 105–261, div. A, title X, § 1068, Oct. 17, 1998, 112 Stat. 2135.)
heading: Codification
text: Section enacted as part of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, and not as part of the National Maritime Heritage Act of 1994 which comprises this chapter.
16 U.S.C. § 5501 (CONSERVATION)
§ 5501. Purpose
It is the purpose of this chapter—
(1) to implement the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993; and
(2) to establish a system of permitting, reporting, and regulation for vessels of the United States fishing on the high seas.
(Pub. L. 104–43, title I, § 102, Nov. 3, 1995, 109 Stat. 367.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, and was translated as reading “this title”, meaning title I of Pub. L. 104–43, to reflect the probable intent of Congress.
heading: Effective Date
text: Pub. L. 104–43, title I, § 111, Nov. 3, 1995, 109 Stat. 376, provided that: “This title [enacting this chapter] shall take effect 120 days after the date of enactment of this Act [Nov. 3, 1995].”
heading: Short Title
text: Pub. L. 104–43, § 1, Nov. 3, 1995, 109 Stat. 366, provided that: “This Act [enacting this chapter, chapters 76 (§ 5601 et seq.) and 77 (§ 5701 et seq.) of this title, sections 971j, 971k, and 1826d to 1826g of this title, and sections 1980a and 1980b of Title 22, Foreign Relations and Intercourse, amending sections 971, 971b, 971c to 971e, 971h, 971i, 973g, 1383a, and 5002 of this title and section 1977 of Title 22, enacting provisions set out as notes under this section, sections 971, 971c, 1383a, 1801, 1821, 1823, 1826d, 5601, and 5701 of this title, and section 1980a of Title 22, and amending provisions set out as a note under section 1823 of this title] may be cited as the ‘Fisheries Act of 1995’.”
Pub. L. 104–43, title I, § 101, Nov. 3, 1995, 109 Stat. 367, provided that: “This title [enacting this chapter] may be cited as the ‘High Seas Fishing Compliance Act of 1995’.”
16 U.S.C. § 5505 (CONSERVATION)
§ 5505. Unlawful activities
It is unlawful for any person subject to the jurisdiction of the United States—
(1) to use a high seas fishing vessel on the high seas in contravention of international conservation and management measures described in section 5504(e) of this title;
(2) to use a high seas fishing vessel on the high seas, unless the vessel has on board a valid permit issued under section 5503 of this title;
(3) to use a high seas fishing vessel in violation of the conditions or restrictions of a permit issued under section 5503 of this title;
(4) to falsify any information required to be reported, communicated, or recorded pursuant to this chapter or any regulation issued under this chapter, or to fail to submit in a timely fashion any required information, or to fail to report to the Secretary immediately any change in circumstances that has the effect of rendering any such information false, incomplete, or misleading;
(5) to refuse to permit an authorized officer to board a high seas fishing vessel subject to such person’s control for purposes of conducting any search or inspection in connection with the enforcement of this chapter or any regulation issued under this chapter;
(6) to forcibly assault, resist, oppose, impede, intimidate, or interfere with an authorized officer in the conduct of any search or inspection described in paragraph (5);
(7) to resist a lawful arrest or detention 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;
(9) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any living marine resource taken or retained in violation of this chapter or any regulation or permit issued under this chapter; or
(10) to violate any provision of this chapter or any regulation or permit issued under this chapter.
(Pub. L. 104–43, title I, § 106, Nov. 3, 1995, 109 Stat. 371.)
16 U.S.C. § 5508 (CONSERVATION)
§ 5508. Criminal offenses
(a) Offenses
A person is guilty of an offense if the person commits any act prohibited by paragraph (6), (7), (8), or (9) of section 5505 of this title.
(b) Punishment
Any offense described in subsection (a) of this section is a class A misdemeanor punishable by a fine under title 18, or imprisonment for not more than one year, or both; except that if in the commission of any offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any authorized officer, or places any such officer in fear of imminent bodily injury, the offense is a felony punishable by a fine under title 18, or imprisonment for not more than 10 years, or both.
(Pub. L. 104–43, title I, § 109, Nov. 3, 1995, 109 Stat. 375.)
16 U.S.C. § 5602 (CONSERVATION)
§ 5602. Requests for scientific advice
(a) Restriction
The Representatives may not make a request or specification described in subsection (b)(1) or (2) of this section, respectively, unless the Representatives have first—
(1) consulted with the appropriate Regional Fishery Management Councils; and
(2) received the consent of the Commissioners for that action.
(b) Requests and terms of reference described
The requests and specifications referred to in subsection (a) of this section are, respectively—
(1) any request, under Article VII(1) of the Convention, that the Scientific Council consider and report on a question pertaining to the scientific basis for the management and conservation of fishery resources in waters under the jurisdiction of the United States within the Convention Area; and
(2) any specification, under Article VIII(2) of the Convention, of the terms of reference for the consideration of a question referred to the Scientific Council pursuant to Article VII(1) of the Convention.
(Pub. L. 104–43, title II, § 203, Nov. 3, 1995, 109 Stat. 378.)
16 U.S.C. § 5603 (CONSERVATION)
§ 5603. Authorities of Secretary of State with respect to Convention
The Secretary of State may, on behalf of the Government of the United States—
(1) receive and transmit reports, requests, recommendations, proposals, and other communications of and to the Organization and its subsidiary organs;
(2) object, or withdraw an objection, to the proposal of the Fisheries Commission;
(3) give or withdraw notice of intent not to be bound by a measure of the Fisheries Commission;
(4) object or withdraw an objection to an amendment to the Convention; and
(5) act upon, or refer to any other appropriate authority, any other communication referred to in paragraph (1).
(Pub. L. 104–43, title II, § 204, Nov. 3, 1995, 109 Stat. 379.)
16 U.S.C. § 5604 (CONSERVATION)
§ 5604. Interagency cooperation
(a) Authorities of Secretary
In carrying out the provisions of the Convention and this chapter, the Secretary may arrange for cooperation with other agencies of the United States, the States, the New England and the Mid-Atlantic Fishery Management Councils, and private institutions and organizations.
(b) Other agencies
The head of any Federal agency may—
(1) cooperate in the conduct of scientific and other programs, and furnish facilities and personnel, for the purposes of assisting the Organization in carrying out its duties under the Convention; and
(2) accept reimbursement from the Organization for providing such services, facilities, and personnel.
(Pub. L. 104–43, title II, § 205, Nov. 3, 1995, 109 Stat. 379.)
16 U.S.C. § 5607 (CONSERVATION)
§ 5607. Consultative committee
(a) Establishment
The Secretary of State and the Secretary, shall jointly establish a consultative committee to advise the Secretaries on issues related to the Convention.
(b) Membership
(1) The membership of the Committee shall include representatives from the New England and Mid-Atlantic Fishery Management Councils, the States represented on those Councils, the Atlantic States Marine Fisheries Commission, the fishing industry, the seafood processing industry, and others knowledgeable and experienced in the conservation and management of fisheries in the Northwest Atlantic Ocean.
(2) Terms and Reappointment.—
Each member of the consultative committee shall serve for a term of two years and shall be eligible for reappointment.
(c) Duties of committee
Members of the consultative committee may attend—
(1) all public meetings of the General Council or the Fisheries Commission;
(2) any other meetings to which they are invited by the General Council or the Fisheries Commission; and
(3) all nonexecutive meetings of the United States Commissioners.
(d) Relationship to other law
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the consultative committee established under this section.
(Pub. L. 104–43, title II, § 208, Nov. 3, 1995, 109 Stat. 380.)
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (d), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 5608 (CONSERVATION)
§ 5608. Administrative matters
(a) Prohibition on compensation
A person shall not receive any compensation from the Government by reason of any service of the person as—
(1) a Commissioner, Alternate Commissioner, Representative, or Alternative Representative;
(2) an expert or adviser authorized under section 5601(e) of this title; or
(3) a member of the consultative committee established by section 5607 of this title.
(b) Travel and expenses
The Secretary of State shall, subject to the availability of appropriations, pay all necessary travel and other expenses of persons described in subsection (a)(1) of this section and of not more than six experts and advisers authorized under section 5601(e) of this title with respect to their actual performance of their official duties pursuant to this chapter, in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5.
(c) Status as Federal employees
A person shall not be considered to be a Federal employee by reason of any service of the person in a capacity described in subsection (a) of this section, except for purposes of injury compensation and tort claims liability under chapter 81 of title 5 and chapter 171 of title 28, respectively.
(Pub. L. 104–43, title II, § 209, Nov. 3, 1995, 109 Stat. 381; Pub. L. 105–384, title II, § 201(b)(2), Nov. 13, 1998, 112 Stat. 3451.)
heading: Amendments
text: 1998—Subsec. (c). Pub. L. 105–384 substituted “171” for “17”.
16 U.S.C. § 5609 (CONSERVATION)
§ 5609. Definitions
In this chapter the following definitions apply:
(1) Authorized enforcement officer
The term “authorized enforcement officer” means a person authorized to enforce this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Convention.
(2) Commissioner
The term “Commissioner” means a United States Commissioner to the Northwest Atlantic Fisheries Organization appointed under section 5601(a) of this title.
(3) Convention
The term “Convention” means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978.
(4) Fisheries Commission
The term “Fisheries Commission” means the Fisheries Commission provided for by Articles II, XI, XII, XIII, and XIV of the Convention.
(5) General Council
The term “General Council” means the General Council provided for by Article 1 II, III, IV, and V of the Convention.
(6) Magnuson Act
The term “Magnuson Act” means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(7) Organization
The term “Organization” means the Northwest Atlantic Fisheries Organization provided for by Article II of the Convention.
(8) Person
The term “person” means any individual (whether or not a citizen or national of the United States), and any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State).
(9) Representative
The term “Representative” means a United States Representative to the Northwest Atlantic Fisheries Scientific Council appointed under section 5601(c) of this title.
(10) Scientific Council
The term “Scientific Council” means the Scientific Council provided for by Articles II, VI, VII, VIII, IX, and X of the Convention.
(11) Secretary
The term “Secretary” means the Secretary of Commerce.
(Pub. L. 104–43, title II, § 210, Nov. 3, 1995, 109 Stat. 381; Pub. L. 105–384, title II, § 201(b)(3), Nov. 13, 1998, 112 Stat. 3451.)
heading: References in Text
text: The Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (6), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, as amended, 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: 1998—Par. (6). Pub. L. 105–384 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.
16 U.S.C. § 5610 (CONSERVATION)
§ 5610. Authorization of appropriations
There are authorized to be appropriated to carry out this chapter, including use for payment as the United States contribution to the Organization as provided in Article XVI of the Convention, $500,000 for each fiscal year through fiscal year 2012.
(Pub. L. 104–43, title II, § 211, Nov. 3, 1995, 109 Stat. 382; Pub. L. 105–384, title II, § 201(a), Nov. 13, 1998, 112 Stat. 3451; Pub. L. 107–372, title III, § 305, Dec. 19, 2002, 116 Stat. 3096; Pub. L. 109–479, title III, § 302(i), Jan. 12, 2007, 120 Stat. 3625.)
heading: Amendments
text: 2007—Pub. L. 109–479 substituted “2012” for “2006”.
2002—Pub. L. 107–372 substituted “2006” for “2001”.
1998—Pub. L. 105–384 substituted “for each fiscal year through fiscal year 2001” for “for each of the fiscal years 1995, 1996, 1997, and 1998”.
16 U.S.C. § 5611 (CONSERVATION)
§ 5611. Annual report
The Secretary shall annually report to the Congress on the activities of the Fisheries Commission, the General Council, the Scientific Council, and the consultative committee established under section 5607 of this title.
(Pub. L. 104–43, title II, § 212, as added Pub. L. 105–384, title II, § 201(c), Nov. 13, 1998, 112 Stat. 3452.)
16 U.S.C. § 5612 (CONSERVATION)
§ 5612. Quota allocation practice
(a) In general
The Secretary of Commerce, acting through the Secretary of State, shall promptly seek to establish a new practice for allocating quotas under the Convention that—
(1) is predictable and transparent;
(2) provides fishing opportunities for all members of the Organization; and
(3) is consistent with the Straddling Fish Stocks Agreement.
(b) Report
The Secretary of Commerce shall include in annual reports under section 5611 of this title—
(1) a description of the results of negotiations held pursuant to subsection (a) of this section;
(2) an identification of barriers to achieving such a new allocation practice; and
(3) recommendations for any further legislation that is necessary to achieve such a new practice.
(c) “Straddling Fish Stocks Agreement” defined
In this section the term “Straddling Fish Stocks Agreement” means the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.
(Pub. L. 104–43, title II, § 213, as added Pub. L. 105–384, title II, § 201(d), Nov. 13, 1998, 112 Stat. 3452.)
16 U.S.C. § 5701 (CONSERVATION)
§ 5701. Purposes
It is the purpose of this subchapter—
(1) to implement the interim agreement for the conservation of salmon stocks originating from the Yukon River in Canada agreed to through an exchange of notes between the Government of the United States and the Government of Canada on February 3, 1995;
(2) to provide for representation by the United States on the Yukon River Panel established under such agreement; and
(3) to authorize to be appropriated sums necessary to carry out the responsibilities of the United States under such agreement.
(Pub. L. 104–43, title VII, § 702, Nov. 3, 1995, 109 Stat. 392.)
heading: Short Title of 2004 Amendment
text: Pub. L. 108–219, title III, § 301, Apr. 13, 2004, 118 Stat. 616, provided that: “This title [amending section 5727 of this title and section 1977 of Title 22, Foreign Relations and Intercourse] may be cited as the ‘International Fisheries Reauthorization Act of 2004’.”
heading: Short Title
text: Pub. L. 104–43, title VII, § 701, Nov. 3, 1995, 109 Stat. 392, provided that: “This title [enacting this subchapter] may be cited as the ‘Yukon River Salmon Act of 1995’.”
Pub. L. 106–450, title II, § 201, Nov. 7, 2000, 114 Stat. 1941, provided that: “This title [enacting subchapter II of this chapter] may be cited as the ‘Yukon River Salmon Act of 2000’.”