dreamproit/uscode huggingface dataset:
16 U.S.C. § 760d (CONSERVATION)
§ 760d. Grants for education and training of personnel in the field of commercial fishing
(a) Public and private nonprofit universities and colleges
The Secretary of Commerce is authorized to make grants, out of funds appropriated for the purposes of this section, to public and nonprofit private universities and colleges in the several States and Territories of the United States for such purposes as may be necessary to promote the education and training of professionally trained personnel (including scientists, technicians, and teachers) needed in the field of commercial fishing. Any amount appropriated for the purposes of this section shall be apportioned on an equitable basis, as determined by the Secretary of Commerce, among the several States and Territories for the purpose of making grants within each such State and Territory. In making such apportionment the Secretary of Commerce shall take into account the extent of the fishing industry within each State and Territory as compared with the total fishing industry of the United States (including Territories), and such other factors as may be relevant in view of the purposes of this section.
(b) Authorization of appropriations
There are authorized to be appropriated not in excess of $550,000 for the fiscal year beginning on July 1, 1955, and for each fiscal year thereafter for the purposes of this section.
(c) Regulations
The Secretary of Commerce may establish such regulations as may be necessary to carry out the provisions of this section.
(Aug. 8, 1956, ch. 1039, § 1, 70 Stat. 1126; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
heading: Executive Documents
heading: Transfer of Functions
text: Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of 1970, see note set out under section 755 of this title.
16 U.S.C. § 760e (CONSERVATION)
§ 760e. Study of migratory game fish; waters; research; purpose
The Secretary of Commerce is directed to undertake a comprehensive continuing study of the migratory marine fish of interest to recreational fishermen of the United States, including species inhabiting the offshore waters of the United States and species which migrate through or spend a part of their lives in the inshore waters of the United States. The study shall include, but not be limited to, research on migrations, identity of stocks, growth rates, mortality rates, variations in survival, environmental influences, both natural and artificial, including pollution, and effects of fishing on the species, for the purpose of developing wise conservation policies and constructive management activities.
(Pub. L. 86–359, § 1, Sept. 22, 1959, 73 Stat. 642; 1970 Reorg. Plan No. 4, § 1(b), eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
heading: Executive Documents
heading: Transfer of Functions
text: Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of 1970, see note set out under section 755 of this title.
16 U.S.C. § 760f (CONSERVATION)
§ 760f. Migratory game fish study; authorization to acquire facilities, employ officers and employees, cooperate with State and other agencies, and to publish results
For the purpose of carrying out the provisions of sections 760e to 760g of this title, the Secretary of Commerce is authorized (1) to acquire lands, construct laboratory or other buildings, purchase boats, acquire such other equipment and apparatus, and to employ such officers and employees as he deems necessary; (2) to cooperate or contract with State and other institutions and agencies upon such terms and conditions as he determines to be appropriate; and (3) to make public the results of such research conducted pursuant to section 760e of this title.
(Pub. L. 86–359, § 2, Sept. 22, 1959, 73 Stat. 642; 1970 Reorg. Plan No. 4, § 1(b), eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
heading: Executive Documents
heading: Transfer of Functions
text: Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of 1970, see note set out under section 755 of this title.
16 U.S.C. § 760g (CONSERVATION)
§ 760g. Authorization of appropriations for migratory game fish study
There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 760e to 760g of this title: Provided, That no more than $2,700,000 be appropriated for this purpose in any one fiscal year.
(Pub. L. 86–359, § 3, Sept. 22, 1959, 73 Stat. 643.)
16 U.S.C. § 760h...760l (CONSERVATION)
§§ 760h to 760l. Omitted
heading: Editorial Notes
heading: Codification
text: Section 760h, Pub. L. 87–173, § 1, Aug. 30, 1961, 75 Stat. 409, provided for establishment of shellfisheries research center at Milford, Connecticut and included a statement of purpose.
Section 760i, Pub. L. 87–173, § 2, Aug. 30, 1961, 75 Stat. 409, authorized appropriation of $1,325,000 to carry out section 760h of this title.
Section 760j, Pub. L. 87–580, § 1, Aug. 9, 1962, 76 Stat. 356, related to propagation of disease resistant oysters, acquisition of brood stock, transfer and distribution, and for State sharing of costs.
Section 760k, Pub. L. 87–580, § 2, Aug. 9, 1962, 76 Stat. 356, authorized grants to States for research and other necessary activities in development and propagation of disease-resistant strains of oysters and conditions of such grants.
Section 760l, Pub. L. 87–580, § 3, Aug. 9, 1962, 76 Stat. 357, authorized appropriation of $100,000 to carry out sections 760j to 760l of this title.
16 U.S.C. § 760aa (CONSERVATION)
§ 760aa. Findings and purposes
(a) Findings
Congress finds the following:
(1) The National Fish Hatchery System (in this chapter referred to as the “System”)—
(A) consists of more than 60 hatcheries, seven fish technology centers, 9 fish health centers, and other fisheries program offices;
(B) plays an integral role in the recovery of more than 50 threatened species and endangered species and the restoration of over 100 native species;
(C) provides healthy fish populations that support recreational fishing opportunities, many of which are related to Federal water control structures; and
(D) works with over 250 partners to help mitigate the impacts of aquatic habitat loss and invasive species.
(2) The System faces many challenges, including aging facilities, some of which date back to the late 1800s, and maintenance of intensive infrastructures such as wells, pumps, valves, pipes, filters, heaters, chillers, and treatment systems that must keep clean water moving 24 hours a day, 365 days a year.
(3) By encouraging volunteer programs and donations and fostering non-Federal partnerships with hatchery facilities, Federal funding for the hatcheries can be supplemented.
(4) By encouraging hatchery educational programs, public awareness of the resources of the System and public participation in the conservation of aquatic resources can be promoted.
(b) Purposes
The purposes of this chapter are the following:
(1) To encourage the use of volunteers to assist the United States Fish and Wildlife Service in the management of hatcheries within the System.
(2) To facilitate partnerships between the System and non-Federal entities to promote public awareness of the resources of the System and public participation in the conservation of those resources.
(3) To encourage donations and other contributions by individuals and organizations to the System.
(Pub. L. 109–360, § 2, Oct. 16, 2006, 120 Stat. 2058.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 109–360, § 1, Oct. 16, 2006, 120 Stat. 2058, provided that: “This Act [enacting this chapter] may be cited as the ‘National Fish Hatchery System Volunteer Act of 2006’.”
16 U.S.C. § 760aa–1 (CONSERVATION)
§ 760aa–1. Gifts to system and particular national fish hatcheries
(a) Authorization of gifts, devises, and bequests for system
In furtherance of the purposes of this chapter, the Secretary of the Interior may accept any gifts, devises, or bequests of real and personal property, or proceeds therefrom, or interests therein, for the benefit of the National Fish Hatchery System. Such acceptance may be subject to the terms of any restrictive or affirmative covenant, or condition of servitude, if such terms are deemed by the Secretary to be in accordance with law and compatible with the purpose for which acceptance is sought.
(b) Use of gifts, devises, and bequests
(1) In general
Any gifts and bequests of money and proceeds from the sales of other property received as gifts or bequests pursuant to this subsection shall be deposited in a separate account in the Treasury and may be expended without further appropriation by the Secretary for the benefit of the System programs administered by the United States Fish and Wildlife Service.
(2) Gifts, devises, and bequests for particular facilities
(A) Disbursal
Any gift, devise, or bequest made for the benefit of a facility of the System shall be disbursed only for the benefit of that facility and without further appropriations.
(B) Matching
Subject to the availability of appropriations and the requirements of the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) and other applicable law, the Secretary may provide funds to match gifts, devises, and bequests made for the benefit of a facility of the System. With respect to each gift, devise, or bequest, the amount of Federal funds may not exceed the amount (or, in the case of property or in-kind services, the fair market value) of the gift, devise, or bequest.
(Pub. L. 109–360, § 3, Oct. 16, 2006, 120 Stat. 2059.)
heading: Editorial Notes
heading: References in Text
text: The Fish and Wildlife Coordination Act, referred to in subsec. (b)(2)(B), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.
16 U.S.C. § 760aa–2 (CONSERVATION)
§ 760aa–2. Volunteer enhancement pilot projects
(a) In general
Subject to the availability of appropriations, the Secretary of the Interior shall carry out a pilot project at 1 or more facilities of the System. Each pilot project shall provide for a volunteer coordinator for the hatchery facility. The volunteer coordinator shall be responsible for recruiting, training, and supervising volunteers. The volunteer coordinator may be responsible for assisting partner organizations in developing projects and programs under cooperative agreements under section 742f(d) of this title and coordinating volunteer activities with partner organizations to carry out the projects and programs.
(b) Report
Not later than 3 years after October 16, 2006, the Secretary shall submit a report to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate evaluating and making recommendations regarding the pilot projects.
(Pub. L. 109–360, § 4, Oct. 16, 2006, 120 Stat. 2059.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
16 U.S.C. § 760aa–3 (CONSERVATION)
§ 760aa–3. Community partnership enhancement
(a) Projects and programs
Subject to the requirements of the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) and other applicable law, and such terms and conditions as the Secretary of the Interior determines to be appropriate, the Secretary may approve projects and programs for a facility of the System that—
(1) promote the stewardship of resources of the hatchery through habitat maintenance, restoration, and improvement, biological monitoring, or research;
(2) support the operation and maintenance of the hatchery through constructing, operating, maintaining, or improving the facilities and services of the hatchery;
(3) increase the awareness and understanding of the hatchery and the System, through the development, publication, or distribution of educational materials and products;
(4) advance education concerning the purposes of the hatchery and the mission of the System, through the use of the hatchery as an outdoor classroom and development of other educational programs; or
(5) contribute financial resources to the hatchery, under the terms that require that the net revenues be used exclusively for the benefit of the hatchery, through donation of net revenues from the sale of educational materials and products and through encouragement of gifts, devises, and bequests.
(b) Treasury account
Amounts received by the Secretary of the Interior as a result of projects and programs under subsection (a) shall be deposited in a separate account in the Treasury. Amounts in the account that are attributable to activities at a particular facility of the System shall be available to the Secretary of the Interior, without further appropriation, to pay the costs of incidental expenses related to volunteer activities, and to carry out cooperative agreements for the hatchery facility.
(Pub. L. 109–360, § 5, Oct. 16, 2006, 120 Stat. 2060.)
heading: Editorial Notes
heading: References in Text
text: The Fish and Wildlife Coordination Act, referred to in subsec. (a), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.
16 U.S.C. § 760aa–4 (CONSERVATION)
§ 760aa–4. Hatchery education program development
(a) Guidance
Not later than 1 year after October 16, 2006, the Secretary of the Interior shall develop guidance for the hatchery education programs to further the mission of the System and the purposes of individual hatcheries through—
(1) providing outdoor classroom opportunities for students on fish hatcheries that combine educational curricula with the personal experiences of students relating to fish, aquatic species, and their habitat, and to the cultural and historical resources of the hatcheries;
(2) promoting understanding and conservation of fish, aquatic species, and the cultural and historical resources of the hatcheries; and
(3) improving scientific literacy in conjunction with both formal and nonformal education programs.
(b) Hatchery programs
Based on the guidance developed under subsection (a), the Secretary of the Interior may, with assistance from the Fish and Wildlife Management Assistance Program, develop or enhance hatchery educational programs as appropriate, based on the resources of individual hatcheries and the opportunities available for such programs in State, local, and private schools. In developing and implementing each program, the Secretary should cooperate with State and local education authorities, and may cooperate with partner organizations in accordance with subsection (d).1
(Pub. L. 109–360, § 6, Oct. 16, 2006, 120 Stat. 2060.)
16 U.S.C. § 761...769 (CONSERVATION)
§§ 761 to 769. Omitted
heading: Editorial Notes
heading: Codification
text: Sections, act June 7, 1924, ch. 345, §§ 1–10, 12, 43 Stat. 648–650, constituting the Northern Pacific Halibut Act of 1924, are covered by act May 17, 1982, Pub. L. 97–176, §§ 1–13, 96 Stat. 78–84, incorporated in sections 773 to 773k of this title.
16 U.S.C. § 771...771j (CONSERVATION)
§§ 771 to 771j. Omitted
heading: Editorial Notes
heading: Codification
text: Sections, act May 2, 1932, ch. 154, §§ 1–11, 47 Stat. 142–144, constituting the Northern Pacific Halibut Act of 1932, are covered by act May 17, 1982, Pub. L. 97–176, §§ 1–13, 96 Stat. 78–84, incorporated in sections 773 to 773k of this title.
16 U.S.C. § 773a (CONSERVATION)
§ 773a. International Pacific Halibut Commission
(a) United States Commissioners
The United States shall be represented on the Commission by three United States Commissioners to be appointed by the President and to serve at his pleasure. The Commissioners shall receive no compensation for their services as Commissioners. Each United States Commissioner shall be appointed for a term of office not to exceed 2 years, but is eligible for reappointment. Any United States Commissioner may be appointed for a term of less than 2 years if such appointment is necessary to ensure that the terms of office of not more than two Commissioners will expire in any 1 year. A vacancy among the United States Commissioners shall be filled by the President in the manner in which the original appointment was made, but any Commissioner appointed to fill a vacancy occurring before the expiration of the term for which the Commissioner’s predecessor was appointed shall be appointed only for the remainder of such term. Of the Commissioners—
(1) one shall be an official of the National Oceanic and Atmospheric Administration; and
(2) two shall be knowledgeable or experienced concerning the Northern Pacific halibut fishery; of these, one shall be a resident of Alaska and the other shall be a nonresident of Alaska. Of the three commissioners described in paragraphs (1) and (2), one shall be a voting member of the North Pacific Fishery Management Council.
(3) Commissioners shall not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in section 8101 et seq. of title 5 and section 2671 et seq. of title 28. This subsection shall take effect on the 90th day after May 17, 1982.
(b) Alternate United States Commissioners
The Secretary of State, in consultation with the Secretary, may designate from time to time alternate United States Commissioners to the commission. An Alternate United States Commissioner may exercise, at any meeting of the Commission, all powers and duties of a United States Commissioner in the absence of a duly designated Commissioner for whatever reason. The number of such alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of authorized United States Commissioners that will not be present.
(Pub. L. 97–176, § 3, May 17, 1982, 96 Stat. 78.)
16 U.S.C. § 773b (CONSERVATION)
§ 773b. Acceptance or rejection of Commission recommendations
The Secretary of State, with the concurrence of the Secretary, may accept or reject, on behalf of the United States, recommendations made by the Commission in accordance with article III of the Convention and paragraphs 14 and 15 of the annex to the Convention.
(Pub. L. 97–176, § 4, May 17, 1982, 96 Stat. 79.)
16 U.S.C. § 773c (CONSERVATION)
§ 773c. General responsibility
(a) Secretary of Commerce
The Secretary shall have general responsibility to carry out the Convention and this subchapter.
(b) Adoption of regulations; cooperation with Canadian officials
In fulfilling this responsibility, the Secretary—
(1) shall, in consultation with the Secretary of the department in which the Coast Guard is operating, adopt such regulations as may be necessary to carry out the purposes and objectives of the Convention and this subchapter; and
(2) may, with the concurrence of the Secretary of State, cooperate with the duly authorized officials of the Government of Canada.
(c) Regional Fishery Management Council involvement
The Regional Fishery Management Council having authority for the geographic area concerned may develop regulations governing the United States portion of Convention waters, including limited access regulations, applicable to nationals or vessels of the United States, or both, which are in addition to, and not in conflict with regulations adopted by the Commission. Such regulations shall only be implemented with the approval of the Secretary, shall not discriminate between residents of different States, and shall be consistent with the limited entry criteria set forth in section 1853(b)(6) of this title. If it becomes necessary to allocate or assign halibut fishing privileges among various United States fishermen, such allocation shall be fair and equitable to all such fishermen, based upon the rights and obligations in existing Federal law, reasonably calculated to promote conservation, and carried out in such manner that no particular individual, corporation, or other entity acquires an excessive share of the halibut fishing privileges: Provided, That the Regional Council may provide for the rural coastal villages of Alaska the opportunity to establish a commercial halibut fishery in areas in the Bering Sea to the north of 56 degrees north latitude during a 3 year development period.
(Pub. L. 97–176, § 5, May 17, 1982, 96 Stat. 79; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)
heading: Editorial Notes
heading: Amendments
text: 1996—Subsec. (c). Pub. L. 104–208 made technical amendment to reference in original act which appears in text as reference to section 1853(b)(6) of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1996 Amendment
text: Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.
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. § 773d (CONSERVATION)
§ 773d. Cooperation of Federal agencies
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 purposes of assisting the Commission in carrying out its duties under the Convention. Such agency may accept reimbursement from the Commission.
(Pub. L. 97–176, § 6, May 17, 1982, 96 Stat. 80.)
16 U.S.C. § 773g (CONSERVATION)
§ 773g. Crimes and criminal penalties
(a) Offenses
A person is guilty of any 1 offense if he commits an act prohibited by section 773e(a)(2), (3), (4), or (6) 2 of this title; or section 773e(b) 2 of this title.
(b) Fines; imprisonment
Any offense described in subsection (a) is punishable by a fine of not more than $200,000 or imprisonment for not more than 6 months, 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 officer authorized to enforce the provisions of this subchapter, or places any such officer in fear of imminent bodily injury the offense is punishable by a fine of not more than $400,000, or imprisonment for not more than 10 years or both.
(c) Federal jurisdiction
There is Federal jurisdiction over any offense described in this section.
(Pub. L. 97–176, § 9, May 17, 1982, 96 Stat. 81; Pub. L. 109–479, title III, § 301(c), Jan. 12, 2007, 120 Stat. 3623.)
heading: Editorial Notes
heading: References in Text
text: Subsec. (a) and pars. (2), (3), (4), and (6) of subsec. (a) of section 773e of this title, referred to in subsec. (a), were renumbered par. (1) and subpars. (B), (C), (D), and (F), respectively, of par. (1) of section 773e of this title by Pub. L. 114–81, title I, § 110(1), (2), Nov. 5, 2015, 129 Stat. 659.
Subsec. (b) of section 773e of this title, referred to in subsec. (a), was renumbered par. (2) of section 773e of this title by Pub. L. 114–81, title I, § 110(2), Nov. 5, 2015, 129 Stat. 659.
heading: Amendments
text: 2007—Subsec. (b). Pub. L. 109–479 substituted “$200,000” for “$50,000” and “$400,000,” for “$100,000,”.