dreamproit/uscode huggingface dataset:
16 U.S.C. § 3605 (CONSERVATION)
§ 3605. Cooperation with other agencies and institutions
(a) Federal and State agencies; private institutions
In carrying out the provisions of the Convention, the Secretary of Commerce, in consultation with the Secretary of the Interior, may arrange for the cooperation of agencies of the United States and the States, and of private institutions and organizations.
(b) Use of Federal facilities; reimbursement
Appropriate agencies of the United States may cooperate in the conduct of scientific and other programs, and may furnish facilities and personnel, for the purposes of assisting the Organization in carrying out its duties under the Convention. Such agencies may accept reimbursement from the Organization for providing such services, facilities, and personnel.
(Pub. L. 97–389, title III, § 306, Dec. 29, 1982, 96 Stat. 1953.)
16 U.S.C. § 3606 (CONSERVATION)
§ 3606. Violations and penalties
(a) Directed fishing for salmon; Convention, rules and regulations
It is unlawful for any person, or any vessel, subject to the jurisdiction of the United States—
(1) to conduct directed fishing for salmon in waters seaward of twelve miles from the baselines from which the breadths of territorial seas are measured, in waters of the Atlantic Ocean north of 36 degrees north latitude; or
(2) to violate any provision of the Convention or this chapter, or of any regulation promulgated under this chapter.
(b) Civil and criminal penalties
Any person who commits any act that is unlawful under subsection (a) of this section shall—
(1) be liable to the United States for a civil penalty under section 308 of the Act of 1976 (16 U.S.C. 1858) to the same extent as if such act were an act prohibited under section 307 of the Act of 1976 (16 U.S.C. 1857); and
(2) be guilty of an offense under section 309 of the Act of 1976 (16 U.S.C. 1859) to the same extent as if such act were an act prohibited by section 307(1)(D), (E), (F), or (H) of the Act of 1976 (16 U.S.C. 1857(1)(D), (E), (F), or (H)).
(c) Civil forfeiture of vessel
Any vessel used, and any fish (or the fair market value thereof) taken or retained in any manner, in connection with or as the result of the commission of an act which is unlawful under subsection (a) of this section shall be subject to civil forfeiture under section 310 of the Act of 1976 (16 U.S.C. 1860) to the same extent as if such vessel was used in, or such fish was taken or retained in connection with or as the result of, the commission of an act prohibited by section 307 of the Act of 1976 (16 U.S.C. 1857).
(Pub. L. 97–389, title III, § 307, Dec. 29, 1982, 96 Stat. 1953; Pub. L. 98–44, title I, § 102(2), July 12, 1983, 97 Stat. 216.)
heading: Editorial Notes
heading: Amendments
text: 1983—Subsec. (c). Pub. L. 98–44 inserted provision that any fish, or the fair market value thereof, taken or retained in connection with or as the result of the commission of an act unlawful under subsection (a) of this section shall be subject to civil forfeitures under section 1860 of this title to the same extent as if such fish was taken or retained in connection with or as the result of the commission of an act prohibited by section 1857 of this title.
16 U.S.C. § 3607 (CONSERVATION)
§ 3607. Enforcement
The Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating shall enforce the provisions of this chapter and any regulation issued under this chapter. For purposes of such enforcement, such provisions and regulations shall be considered to be provisions of the Act of 1976 [16 U.S.C. 1801 et seq.] to which section 311(a), (b), (c), and (d) of the Act of 1976 (16 U.S.C. 1861(a), (b), (c), and (d), respectively) apply.
(Pub. L. 97–389, title III, § 308, Dec. 29, 1982, 96 Stat. 1953.)
heading: Editorial Notes
heading: References in Text
text: For Act of 1976, referred to in text, see section 3601(1) of this title and References in Text note set out under section 3601 of this title.
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. § 3608 (CONSERVATION)
§ 3608. Authorization of appropriations
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 Commissioners and alternate Commissioners in accordance with the Federal Travel Regulation and sections 5701, 5702, 5704 through 5708, and 5731 of title 5; and
(2) the United States contribution to the Organization as provided in Article 16 of the Convention, not to exceed $50,000 for fiscal year 1983, and not to exceed, for each succeeding fiscal year, the amount assessed by the Organization for the United States for such year.
(Pub. L. 97–389, title III, § 309, Dec. 29, 1982, 96 Stat. 1954.)
16 U.S.C. § 3633 (CONSERVATION)
§ 3633. Authority and responsibility
(a) Secretary of State
The Secretary of State is authorized to—
(1) receive and transmit, on behalf of the United States, reports, requests, recommendations, proposals, and other communications of and to the Commission and Panels;
(2) in consultation with the Secretary and the Secretary of the Interior, approve, disapprove, object to, or withdraw objections to fishery regimes, including enhancement programs and Fraser River Panel regulations proposed in accordance with the Treaty, on the condition that the United States shall be obligated to carry out such regimes or regulations only to the extent that funds are made available for such purposes in appropriation Acts; and
(3) act upon, or refer to other appropriate authority, any communication referred to in paragraph (1) of this subsection other than a proposed fishery regime or Fraser River Panel regulation.
(b) States and treaty Indian tribes
Recommendations of the Commission on fishery regimes or Fraser River Panel regulations approved by the Secretary of State pursuant to subsection (a)(2) shall be forwarded immediately to the States of Alaska, Oregon, Washington, and Idaho and to the treaty Indian tribes, as appropriate. In the exercise of their general fishery management authority, the States and treaty Indian tribes may adopt corresponding laws, regulations, or orders within their respective jurisdictions.
(c) Secretary of Commerce
In cooperation with the appropriate Regional Fishery Management Councils, States and treaty Indian tribes, the Secretary shall prepare, as appropriate, all statements, reports, and information required by the Treaty and submit such documents to the Secretary of State, who shall transmit them to the Commission.
(Pub. L. 99–5, § 4, Mar. 15, 1985, 99 Stat. 10.)
16 U.S.C. § 3634 (CONSERVATION)
§ 3634. Interagency cooperation
(a) States, United States agencies, treaty Indian tribes, private institutions and organizations
In carrying out the provisions of the Treaty and this chapter, the Secretary, in consultation with the Secretary of the Interior, may arrange for cooperation with agencies of the United States, the States, treaty Indian tribes, private institutions and organizations, and may execute such memoranda as may be necessary to reflect such agreements.
(b) United States agencies; facilities and personnel
Agencies of the United States may cooperate in the conduct of scientific and other programs, and may furnish facilities and personnel, for the purposes of assisting the Commission and Panels in carrying out their responsibilities under the Treaty. Such agencies may accept reimbursement from the Commission for providing such services, facilities, and personnel.
(Pub. L. 99–5, § 5, Mar. 15, 1985, 99 Stat. 11.)
16 U.S.C. § 3635 (CONSERVATION)
§ 3635. Preemption
If any State or treaty Indian tribe has taken any action, or omitted to take any action, the results of which place the United States in jeopardy of not fulfilling its international obligations under the Treaty, or any fishery regime or Fraser River Panel regulation adopted thereunder, the Secretary shall inform the State or tribe of the manner in which the action or inaction places the United States in jeopardy of not fulfilling its international obligations under the Treaty, of any remedial action which would relieve this concern, and of the intention to promulgate Federal regulations if such remedial actions are not undertaken within fifteen days unless an earlier action is required to avoid violation of United States Treaty obligations. Should United States action be required to meet Treaty obligations to Canada in respect to treaty Indian fisheries conducted in terminal areas subject to the continuing jurisdiction of a United States district court, such action shall be taken within the framework of such court jurisdiction. Otherwise, regulations may be promulgated by the Secretary pursuant to section 3636(a) of this title which shall supersede any State or treaty Indian tribal law, regulation or order determined by the Secretary to place the United States in jeopardy of not fulfilling its international obligations under the Treaty. Timely notice of all such determinations shall be disseminated by electronic media and shall be published in local newspapers in the major fishing ports affected and in the Federal Register. In order to enable the United States to fulfill its obligations under article IV(7) of the Treaty, the States of Alaska, Idaho, Oregon and Washington and the treaty Indian tribes shall advise the Secretary of all pertinent laws or regulations pertaining to the harvest of Pacific salmon, together with such amendments thereto as may be adopted from time to time.
(Pub. L. 99–5, § 6, Mar. 15, 1985, 99 Stat. 11.)
16 U.S.C. § 3637 (CONSERVATION)
§ 3637. Prohibited acts and penalties
(a) Unlawful acts
It is unlawful for any person or vessel subject to the jurisdiction of the United States—
(1) to violate any provision of this chapter, or of any regulation adopted hereunder, or of any Fraser River Panel regulation approved by the United States under the Treaty;
(2) to refuse to permit any officer authorized to enforce the provisions of this chapter 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 this chapter;
(3) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized 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 fish taken or retained in violation of this chapter;
(6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any 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. 99–5, § 8, Mar. 15, 1985, 99 Stat. 12; Pub. L. 114–81, title I, § 104, Nov. 5, 2015, 129 Stat. 657.)
heading: Editorial Notes
heading: Amendments
text: 2015—Subsec. (a)(2). Pub. L. 114–81, § 104(1)(B), made technical amendment to reference in original act which appears in text as reference to “this chapter”.
Pub. L. 114–81, § 104(1)(A), inserted “, investigation,” after “search”.
Subsec. (a)(3). Pub. L. 114–81, § 104(2), inserted “, investigation,” after “search” and substituted “paragraph (2);” for “subparagraph (2);”.
Subsec. (a)(5). Pub. L. 114–81, § 104(3), made technical amendment to reference in original act which appears as a reference to “this chapter” and struck out “or” at end.
Subsecs. (b) to (f). Pub. L. 114–81, § 104(4), added subsec. (b) and struck out former subsecs. (b) to (f), which related to civil penalty, criminal penalty, forfeiture, enforcement authority, and jurisdiction.
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. § 3638 (CONSERVATION)
§ 3638. General standard
All actions taken under sections 3632(g),1 3633, 3635, and 3636 of this title shall—
(a) take into account the best scientific information available;
(b) result in measures necessary and appropriate for the conservation, management, utilization and development of the Pacific salmon resource, with due consideration of social and economic concerns; and
(c) be consistent with United States obligations under the Treaty, domestic Indian treaties and other applicable law.
(Pub. L. 99–5, § 9, Mar. 15, 1985, 99 Stat. 13.)
heading: Editorial Notes
heading: References in Text
text: Section 3632(g) of this title, referred to in text, was redesignated section 3632(h) of this title by Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(5)(B)], Dec. 21, 2000, 114 Stat. 2763, 2763A–239.
16 U.S.C. § 3639 (CONSERVATION)
§ 3639. Advisory committee
(a) Appointment; membership
The United States Section shall appoint an advisory committee of not less than twelve but not more than twenty members who are knowledgeable and experienced with respect to fisheries subject to the Treaty. One-half the membership of the committee shall be residents of the State of Alaska and one member shall be a resident of the State of Idaho. Each member shall serve a term of two years and shall be eligible for reappointment.
(b) Functions
Members of the advisory committee may attend all public meetings of the Commission and Panels and all nonexecutive sessions of the United States Section and United States Panel sections. At nonexecutive meetings of the United States Section and United States Panel sections, members of the advisory committee shall be given the opportunity to examine and to be heard on any nonadministrative matter under consideration.
(c) Compensation
The members of the advisory committee shall receive no compensation for their services as such members.
(d) Meetings
The Chairman of the United States Section shall call a meeting of the advisory committee at least one time each year.
(Pub. L. 99–5, § 10, Mar. 15, 1985, 99 Stat. 13.)
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Advisory Committees
text: Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
16 U.S.C. § 3640 (CONSERVATION)
§ 3640. Administrative matters
(a) Compensation of Commissioners and Alternate Commissioners
Commissioners and Alternate Commissioners who are not State or Federal employees shall receive compensation at the daily rate of GS–18 of the General Schedule when engaged in the actual performance of duties for the United States Section or for the Commission.
(b) Compensation of Panel Members and Alternate Panel Members
Panel Members and Alternate Panel Members who are not State or Federal employees shall receive compensation at the daily rate of GS–16 of the General Schedule when engaged in the actual performance of duties for the United States Section or for the Commission.
(c) Travel; other expenses
Travel and other necessary expenses shall be paid for all United States Commissioners, Alternate Commissioners, Panel Members, Alternate Panel Members, members of the Joint Technical Committee, and members of the Advisory Committee when engaged in the actual performance of duties for the United States Section or for the Commission.
(d) Individuals not considered Federal employees
Except for officials of the United States Government, such individuals shall not be considered to be Federal employees while engaged in the actual performance of duties for the United States Section or for the Commission, 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. 99–5, § 11, Mar. 15, 1985, 99 Stat. 14.)
heading: Statutory Notes and Related Subsidiaries
heading: References in Other Laws to GS–16, 17, or 18 Pay Rates
text: References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
16 U.S.C. § 3641 (CONSERVATION)
§ 3641. Authorization of appropriations
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 Treaty and this chapter including—
(a) necessary travel expenses of the Commissioners, Panel members, alternate Commissioners, alternate Panel members, United States members of joint technical committees established under article IV of the Treaty, and advisory committee members in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5;
(b) the United States share of the joint expenses of the Commission: Provided, That the United States Commissioners and Panel members and alternates shall not, with respect to commitments concerning the United States share of the joint expenses of the Organization, be subject to section 262b of title 22 insofar as it limits the authority of United States representatives to international organizations with respect to such commitments;
(c) amounts for research, enhancement, and other activities necessary to carry out the purposes of the Treaty and this chapter; and
(d) such amounts as may be due to settle accounts upon termination of the International Pacific Salmon Fisheries Commission.
(Pub. L. 99–5, § 12, Mar. 15, 1985, 99 Stat. 14.)
16 U.S.C. § 3642 (CONSERVATION)
§ 3642. Disposition of property of International Pacific Salmon Fisheries Commission
The Secretary of State shall dispose of any United States property held by the International Pacific Salmon Fisheries Commission on the date of its termination in a manner which would further the purposes of this chapter.
(Pub. L. 99–5, § 13 (part), Mar. 15, 1985, 99 Stat. 15.)
heading: Editorial Notes
heading: Codification
text: Section consists of a part of section 13 of Pub. L. 99–5. The remainder of section 13 of Pub. L. 99–5 provided for the repeal, effective Dec. 31, 1985, of the Sockeye Salmon or Pink Salmon Fishing Act of 1947, act July 29, 1947, ch. 345, 61 Stat. 511, as amended, which was classified to chapter 10A (§ 776 et seq.) of this title.
16 U.S.C. § 3643 (CONSERVATION)
§ 3643. Savings provision
This chapter shall not be interpreted or applied so as to affect or modify rights established in existing Indian treaties and other existing Federal laws, including the Order entered in Confederated Tribes and Bands of the Yakima Indian Nation v. Baldrige, Civil No. 80–342 (WD WASH.). This section shall not be interpreted or applied so as to affect or modify any rights or obligations of the United States pursuant to the Treaty.
(Pub. L. 99–5, § 14, Mar. 15, 1985, 99 Stat. 15.)
16 U.S.C. § 3704 (CONSERVATION)
§ 3704. Administrative services and support
(a) Provision of services
The Secretary may provide personnel, facilities, and other administrative services to the Foundation, including reimbursement of expenses under section 3702 of this title, not to exceed then current Federal Government per diem rates, for a period of up to five years from March 26, 1984.
(b) Reimbursement
The Foundation may reimburse the Secretary for any administrative service provided under subsection (a). The Secretary shall deposit any reimbursement received under this subsection into the Treasury to the credit of the appropriations then current and chargeable for the cost of providing such services.
Notwithstanding any other provision of this section, the Secretary of the Interior is authorized to continue to provide facilities, and necessary support services for such facilities, to the National Fish and Wildlife Foundation after March 26, 1989, on a space available, reimbursable cost basis.
(Pub. L. 98–244, § 5, Mar. 26, 1984, 98 Stat. 109; Pub. L. 100–240, § 3, Jan. 11, 1988, 101 Stat. 1786; Pub. L. 100–653, title IX, § 903, Nov. 14, 1988, 102 Stat. 3834.)
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–653 inserted provision at end authorizing Secretary of the Interior to continue to provide facilities and necessary support services to National Fish and Wildlife Foundation after Mar. 26, 1989, on space available, reimbursable cost basis.
Pub. L. 100–240 designated existing provisions as subsec. (a), inserted heading, and struck out “, and may accept reimbursement therefor, to be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing such services” after “March 26, 1984”, and added subsec. (b).
16 U.S.C. § 3705 (CONSERVATION)
§ 3705. Volunteer status
The Secretary of the Interior or the Secretary of Commerce may accept, without regard to the civil service classification laws, rules, or regulations, the services of the Foundation, the Board, and the officers and employees of the Board, without compensation from the Department of the Interior or the Department of Commerce, as volunteers in the performance of the functions authorized herein, in the manner provided for under section 742f(c) of this title.
(Pub. L. 98–244, § 6, Mar. 26, 1984, 98 Stat. 109; Pub. L. 106–408, title II, § 203(c)(2), Nov. 1, 2000, 114 Stat. 1779.)
heading: Editorial Notes
heading: Amendments
text: 2000—Pub. L. 106–408 substituted “Secretary of the Interior or the Secretary of Commerce” for “Secretary” and inserted “or the Department of Commerce” after “Department of the Interior”.
16 U.S.C. § 3707 (CONSERVATION)
§ 3707. United States release from liability
The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation nor shall the full faith and credit of the United States extend to any obligation of the Foundation.
(Pub. L. 98–244, § 8, Mar. 26, 1984, 98 Stat. 110.)
16 U.S.C. § 3710 (CONSERVATION)
§ 3710. Limitation on authority
Nothing in this chapter authorizes the Foundation to perform any function the exclusive authority for which is provided to the National Park Foundation by subchapter II of chapter 1011 of title 54.
(Pub. L. 98–244, § 11, as added Pub. L. 106–408, title II, § 208, Nov. 1, 2000, 114 Stat. 1781; amended Pub. L. 113–287, § 5(d)(35), Dec. 19, 2014, 128 Stat. 3267; Pub. L. 116–188, title I, § 107(d), Oct. 30, 2020, 134 Stat. 920.)
heading: Editorial Notes
heading: Amendments
text: 2020—Pub. L. 116–188 inserted “exclusive” before “authority”.
2014—Pub. L. 113–287 substituted “subchapter II of chapter 1011 of title 54” for “Public Law 90–209 (16 U.S.C. 19e et seq.)”.