dreamproit/uscode huggingface dataset:
16 U.S.C. § 5606 (CONSERVATION)
§ 5606. Prohibited acts and enforcement
(a) Prohibition
It is unlawful for any person or vessel that is subject to the jurisdiction of the United States—
(1) to violate any regulation issued under this chapter or any measure that is legally binding on the United States under the Convention;
(2) to refuse to permit any authorized enforcement officer to board a fishing vessel that is subject to the person’s control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Convention;
(3) forcibly to assault, resist, oppose, impede, intimidate, or interfere with any authorized enforcement officer in the conduct of any search, investigation, or inspection described in paragraph (2);
(4) to resist a lawful arrest for any act prohibited by this section;
(5) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fishery resources taken or retained in violation of this section; or
(6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that the other person has committed an act prohibited by this section.
(b) Additional prohibitions and enforcement
For additional prohibitions relating to this chapter and enforcement of this chapter, see section 1826g of this title.
(Pub. L. 104–43, title II, § 207, Nov. 3, 1995, 109 Stat. 379; Pub. L. 105–384, title II, § 201(b)(1), Nov. 13, 1998, 112 Stat. 3451; Pub. L. 114–81, title I, § 111, Nov. 5, 2015, 129 Stat. 659; Pub. L. 114–327, title V, § 506, Dec. 16, 2016, 130 Stat. 1996.)
heading: Editorial Notes
heading: Amendments
text: 2016—Subsec. (a)(5). Pub. L. 114–327 substituted “fishery resources” for “fish”.
2015—Pub. L. 114–81, § 111(1), in section catchline, substituted “and enforcement” for “and penalties”.
Subsec. (a)(2), (3). Pub. L. 114–81, § 111(2), (3), inserted “, investigation,” before “or inspection”.
Subsecs. (b) to (f). Pub. L. 114–81, § 111(4), added subsec. (b) and struck out former subsecs. (b) to (f), which related to civil penalty, criminal penalty, civil forfeitures, enforcement, and jurisdiction of courts.
1998—Subsec. (e). Pub. L. 105–384 substituted “section” for “sections”.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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 2 years and shall be eligible for reappointment.
(c) Duties of committee
Members of the consultative committee may attend—
(1) all public meetings of the Commission;
(2) any other meetings to which they are invited by the Commission; and
(3) all nonexecutive meetings of the United States Commissioners.
(d) Relationship to other law
Chapter 10 of title 5 shall not apply to the consultative committee established under this section.
(Pub. L. 104–43, title II, § 208, Nov. 3, 1995, 109 Stat. 380; Pub. L. 114–327, title V, § 507, Dec. 16, 2016, 130 Stat. 1996; Pub. L. 117–286, § 4(a)(125), Dec. 27, 2022, 136 Stat. 4319.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (d). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”.
2016—Subsec. (b)(2). Pub. L. 114–327, § 507(1), substituted “2” for “two”.
Subsec. (c)(1), (2). Pub. L. 114–327, § 507(2), struck out “General Council or the Fisheries” before “Commission;”.
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) 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), 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: Editorial Notes
heading: Amendments
text: 1998—Subsec. (c). Pub. L. 105–384 substituted “171” for “17”.
16 U.S.C. § 5610 (CONSERVATION)
§ 5610. Authorization of appropriations
There are authorized to be appropriated to carry out this chapter, including to pay the United States contribution to the Organization as provided in Article IX of the Convention, $500,000 for each fiscal year through fiscal year 2021.
(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; Pub. L. 114–327, title V, § 509, Dec. 16, 2016, 130 Stat. 1998.)
heading: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–327 substituted “including to pay the United States contribution to the Organization as provided in Article IX of the Convention” for “including use for payment as the United States contribution to the Organization as provided in Article XVI of the Convention” and “2021” for “2012”.
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. Repealed. Pub. L. 113–188, title II, § 201(f), Nov. 26, 2014, 128 Stat. 2018
text: Section, Pub. L. 104–43, title II, § 212, as added Pub. L. 105–384, title II, § 201(c), Nov. 13, 1998, 112 Stat. 3452, required annual reports on the activities of the Fisheries Commission, the General Council, the Scientific Council, and the consultative committee established under section 5607 of this title.
16 U.S.C. § 5612 (CONSERVATION)
§ 5612. Repealed. Pub. L. 114–327, title V, § 510, Dec. 16, 2016, 130 Stat. 1998
text: Section, Pub. L. 104–43, title II, § 213, as added Pub. L. 105–384, title II, § 201(d), Nov. 13, 1998, 112 Stat. 345, related to quota allocation practice under the Convention.
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: Statutory Notes and Related Subsidiaries
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’.”
16 U.S.C. § 5702 (CONSERVATION)
§ 5702. Definitions
As used in this subchapter—
(1) The term “Agreement” means 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) The term “Panel” means the Yukon River Panel established by the Agreement.
(3) The term “Yukon River Joint Technical Committee” means the technical committee established by paragraph C.2 of the Memorandum of Understanding concerning the Pacific Salmon Treaty between the Government of the United States and the Government of Canada recorded January 28, 1985.
(Pub. L. 104–43, title VII, § 703, Nov. 3, 1995, 109 Stat. 393.)
16 U.S.C. § 5703 (CONSERVATION)
§ 5703. Panel
(a) Representation
The United States shall be represented on the Panel by six individuals, of whom—
(1) one shall be an official of the United States Government with expertise in salmon conservation and management;
(2) one shall be an official of the State of Alaska with expertise in salmon conservation and management; and
(3) four shall be knowledgeable and experienced with regard to the salmon fisheries on the Yukon River.
(b) Appointments
Panel members shall be appointed as follows:
(1) The Panel member described in subsection (a)(1) shall be appointed by the Secretary of State.
(2) The Panel member described in subsection (a)(2) shall be appointed by the Governor of Alaska.
(3) The Panel members described in subsection (a)(3) shall be appointed by the Secretary of State from a list of at least 3 individuals nominated for each position by the Governor of Alaska. The Governor of Alaska may consider suggestions for nominations provided by organizations with expertise in Yukon River salmon fisheries. The Governor of Alaska may make appropriate nominations to allow for, and the Secretary of State shall appoint, at least one member under subsection (a)(3) who is qualified to represent the interests of Lower Yukon River fishing districts, and at least one member who is qualified to represent the interests of Upper Yukon River fishing districts. At least one of the Panel members under subsection (a)(3) shall be an Alaska Native.
(c) Alternates
The Secretary of State may designate an alternate Panel member for each Panel member the Secretary appoints under subsections 1 (b)(1) and (3), who meets the same qualifications, to serve in the absence of the Panel member. The Governor of the State of Alaska may designate an alternative Panel member for the Panel member appointed under subsection (b)(2), who meets the same qualifications, to serve in the absence of that Panel member.
(d) Term length
Panel members and alternate Panel members shall serve four-year terms. Any individual appointed to fill a vacancy occurring before the expiration of any term shall be appointed for the remainder of that term.
(e) Reappointment
Panel members and alternate Panel members shall be eligible for reappointment.
(f) Decisions
Decisions by the United States section of the Panel shall be made by the consensus of the Panel members appointed under paragraphs (2) and (3) of subsection (a).
(g) Consultation
In carrying out their functions under the Agreement, Panel members may consult with such other interested parties as they consider appropriate.
(Pub. L. 104–43, title VII, § 704, Nov. 3, 1995, 109 Stat. 393.)
16 U.S.C. § 5704 (CONSERVATION)
§ 5704. Advisory Committee
(a) Appointments
The Governor of Alaska may appoint an Advisory Committee of not less than eight, but not more than twelve, individuals who are knowledgeable and experienced with regard to the salmon fisheries on the Yukon River. At least 2 of the Advisory Committee members shall be Alaska Natives. Members of the Advisory Committee may attend all meetings of the United States section of the Panel, and shall be given the opportunity to examine and be heard on any matter under consideration by the United States section of the Panel.
(b) Compensation
The members of such Advisory Committee shall receive no compensation for their services.
(c) Term length
Advisory Committee members shall serve two-year terms. Any individual appointed to fill a vacancy occurring before the expiration of any term shall be appointed for the remainder of that term.
(d) Reappointment
Advisory Committee members shall be eligible for reappointment.
(Pub. L. 104–43, title VII, § 705, Nov. 3, 1995, 109 Stat. 394.)
16 U.S.C. § 5705 (CONSERVATION)
§ 5705. Exemption
Chapter 10 of title 5 shall not apply to the Panel, the Yukon River Joint Technical Committee, or the Advisory Committee created under section 5704 of this title.
(Pub. L. 104–43, title VII, § 706, Nov. 3, 1995, 109 Stat. 394; Pub. L. 117–286, § 4(a)(126), Dec. 27, 2022, 136 Stat. 4319.)
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”.
16 U.S.C. § 5706 (CONSERVATION)
§ 5706. Authority and responsibility
(a) Responsible management entity
The State of Alaska Department of Fish and Game shall be the responsible management entity for the United States for the purposes of the Agreement.
(b) Effect of designation
The designation under subsection (a) shall not be considered to expand, diminish, or change the management authority of the State of Alaska or the Federal Government with respect to fishery resources.
(c) Recommendations of Panel
In addition to recommendations made by the Panel to the responsible management entities in accordance with the Agreement, the Panel may make recommendations concerning the conservation and management of salmon originating in the Yukon River to the Department of the Interior, Department of Commerce, Department of State, North Pacific Fishery Management Council, and other Federal or State entities as appropriate. Recommendations by the Panel shall be advisory in nature.
(Pub. L. 104–43, title VII, § 707, Nov. 3, 1995, 109 Stat. 394.)
16 U.S.C. § 5707 (CONSERVATION)
§ 5707. Continuation of Agreement
In the event that the Treaty between Canada and the United States of America concerning Pacific Salmon, signed at Ottawa, January 28, 1985, terminates prior to the termination of the Agreement, and the functions of the Panel are assumed by the “Yukon River Salmon Commission” referenced in the Agreement, the provisions of this subchapter which apply to the Panel shall thereafter apply to the Yukon River Salmon Commission, and the other provisions of this subchapter shall remain in effect.
(Pub. L. 104–43, title VII, § 708, Nov. 3, 1995, 109 Stat. 394.)
16 U.S.C. § 5708 (CONSERVATION)
§ 5708. Administrative matters
(a) Compensation of Panel members
Panel members and alternate Panel members who are not State or Federal employees shall receive compensation at the daily rate of GS–15 of the General Schedule when engaged in the actual performance of duties.
(b) Travel and other expenses
Travel and other necessary expenses shall be paid for all Panel members, alternate Panel members, United States members of the Joint Technical Committee, and members of the Advisory Committee when engaged in the actual performance of duties.
(c) Status as Federal employees
Except for officials of the United States Government, individuals described in subsection (b) shall not be considered to be Federal employees while engaged in the actual performance of duties, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 71 1 of title 28.
(Pub. L. 104–43, title VII, § 709, Nov. 3, 1995, 109 Stat. 395.)
heading: Editorial Notes
heading: References in Text
text: The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5, Government Organization and Employees.
16 U.S.C. § 5709 (CONSERVATION)
§ 5709. Authorization of appropriations
There are authorized to be appropriated $4,000,000 for each fiscal year for carrying out the purposes and provisions of the Agreement and this subchapter including—
(1) necessary travel expenses of Panel members, alternate Panel members, United States members of the Joint Technical Committee, and members of the Advisory Committee in accordance with Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5;
(2) the United States share of the joint expenses of the Panel and the Joint Technical Committee: Provided, That Panel members and alternate Panel members shall not, with respect to commitments concerning the United States share of the joint expenses, be subject to section 262(b) 1 of title 22, insofar as it limits the authority of United States representatives to international organizations with respect to such commitments;
(3) not more than $3,000,000 for each fiscal year to the Department of the Interior and to the Department of Commerce for survey, restoration, and enhancement activities related to Yukon River salmon; and
(4) $400,000 in each of fiscal years 1996, 1997, 1998, and 1999 to be contributed to the Yukon River Restoration and Enhancement Fund and used in accordance with the Agreement.
(Pub. L. 104–43, title VII, § 710, Nov. 3, 1995, 109 Stat. 395.)
16 U.S.C. § 5722 (CONSERVATION)
§ 5722. Advisory committee
(a) Appointments
The Governor of Alaska may establish and appoint an advisory committee of not less than eight, but not more than 12, individuals who are knowledgeable and experienced with regard to the salmon fisheries on the Yukon River. At least two of the advisory committee members shall be Alaska Natives. Members of the advisory committee may attend all meetings of the Panel, and shall be given the opportunity to examine and be heard on any matter under consideration by the Panel.
(b) Compensation
The members of such advisory committee shall receive no compensation for their services.
(c) Term length
Members of such advisory committee shall serve 2-year terms. Any individual appointed to fill a vacancy occurring before the expiration of any term shall be appointed for the remainder of that term.
(d) Reappointment
Members of such advisory committee shall be eligible for reappointment.
(Pub. L. 106–450, title II, § 203, Nov. 7, 2000, 114 Stat. 1943.)
16 U.S.C. § 5723 (CONSERVATION)
§ 5723. Exemption
Chapter 10 of title 5 shall not apply to the Panel or to an advisory committee established under section 5722 of this title.
(Pub. L. 106–450, title II, § 204, Nov. 7, 2000, 114 Stat. 1943; Pub. L. 117–286, § 4(a)(127), Dec. 27, 2022, 136 Stat. 4319.)
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”.
16 U.S.C. § 5724 (CONSERVATION)
§ 5724. Authority and responsibility
(a) Responsible management entity
The State of Alaska Department of Fish and Game shall be the responsible management entity for the United States for the purposes of any agreement with Canada regarding management of salmon stocks originating from the Yukon River in Canada.
(b) Effect of designation
The designation under subsection (a) shall not be considered to expand, diminish, or otherwise change the management authority of the State of Alaska or the Federal Government with respect to fishery resources.
(c) Recommendations of Panel
In addition to recommendations made by the Panel to the responsible management entities in accordance with any agreement with Canada regarding management of salmon stocks originating from the Yukon River in Canada, the Panel may make recommendations concerning the conservation and management of salmon originating in the Yukon River to the Department of the Interior, the Department of Commerce, the Department of State, the North Pacific Fishery Management Council, and other Federal or State entities as appropriate. Recommendations by the Panel shall be advisory in nature.
(Pub. L. 106–450, title II, § 205, Nov. 7, 2000, 114 Stat. 1943.)
16 U.S.C. § 5725 (CONSERVATION)
§ 5725. Administrative matters
(a) Compensation
Panel members and alternate Panel members who are not State or Federal employees shall receive compensation at the daily rate of GS–15 of the General Schedule when engaged in the actual performance of duties.
(b) Travel and other necessary expenses
Travel and other necessary expenses shall be paid by the Secretary of the Interior for all Panel members, alternate Panel members, and members of any advisory committee established under section 5722 of this title when engaged in the actual performance of duties.
(c) Treatment as Federal employees
Except for officials of the United States Government, all Panel members, alternate Panel members, and members of any advisory committee established under section 5722 of this title shall not be considered to be Federal employees while engaged in the actual performance of duties, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 71 1 of title 28.
(Pub. L. 106–450, title II, § 206, Nov. 7, 2000, 114 Stat. 1943.)
heading: Editorial Notes
heading: References in Text
text: GS–15 of the General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5, Government Organization and Employees.
16 U.S.C. § 5726 (CONSERVATION)
§ 5726. Yukon River salmon stock restoration and enhancement projects
(a) In general
The Secretary of the Interior, in consultation with the Secretary of Commerce, may carry out projects to restore or enhance salmon stocks originating from the Yukon River in Canada and the United States.
(b) Cooperation with Canada
If there is in effect an agreement between the Government of the United States and the Government of Canada for the conservation of salmon stocks originating from the Yukon River in Canada that includes provisions governing projects authorized under this section, then—
(1) projects under this section shall be carried out in accordance with that agreement; and
(2) amounts available for projects under this section—
(A) shall be expended in accordance with the agreement; and
(B) may be deposited in any joint account established by the agreement to fund such projects.
(Pub. L. 106–450, title II, § 207, Nov. 7, 2000, 114 Stat. 1944.)