dreamproit/uscode huggingface dataset:
16 U.S.C. § 5207 (CONSERVATION)
§ 5207. Definitions
As used in this chapter:
(1) Federal lands
The term “Federal lands” means—
(A) national forests;
(B) public lands;
(C) national parks; and
(D) wildlife refuges.
(2) Lawful hunt
The term “lawful hunt” means the taking or harvesting (or attempted taking or harvesting) of wildlife or fish, on Federal lands, which—
(A) is lawful under the laws applicable in the place it occurs; and
(B) does not infringe upon a right of an owner of private property.
(3) National forest
The term “national forest” means lands included in the National Forest System (as defined in section 1609(a) of this title).
(4) National park
The term “national park” means lands and waters included in the National Park System (as defined in section 100501 of title 54).
(5) Public lands
The term “public lands” has the same meaning as is provided in section 1702(e) of title 43.
(6) Secretary
The term “Secretary” means—
(A) the Secretary of Agriculture with respect to national forests; and
(B) the Secretary of the Interior with respect to—
(i) public lands;
(ii) national parks; and
(iii) wildlife refuges.
(7) Wildlife refuge
The term “wildlife refuge” means lands and waters included in the National Wildlife Refuge System (as established by section 668dd of this title).
(8) Conduct
The term “conduct” does not include speech protected by the first article of amendment to the Constitution.
(Pub. L. 103–322, title XXXII, § 320808, Sept. 13, 1994, 108 Stat. 2122.)
heading: Editorial Notes
heading: Codification
text: In par. (4), “section 100501 of title 54” substituted for “section 2(a) of the Act entitled ‘An Act to facilitate the management of the National Park System and miscellaneous areas administered in connection with that system, and for other purposes’, approved August 8, 1953 (16 U.S.C. 1c(a))” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.
16 U.S.C. § 5302 (CONSERVATION)
§ 5302. Purposes
The purposes of this chapter are the following:
(1) To assist in the conservation of rhinoceros and tigers by supporting the conservation programs of nations whose activities directly or indirectly affect rhinoceros and tiger populations, and the CITES Secretariat.
(2) To provide financial resources for those programs.
(3) To prohibit the sale, importation, and exportation of products intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger.
(Pub. L. 103–391, § 3, Oct. 22, 1994, 108 Stat. 4095; Pub. L. 105–312, title IV, § 403, Oct. 30, 1998, 112 Stat. 2959.)
heading: Editorial Notes
heading: Amendments
text: 1998—Par. (3). Pub. L. 105–312 added par. (3).
16 U.S.C. § 5303 (CONSERVATION)
§ 5303. Definitions
In this chapter—
(1) “CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973, and its appendices;
(2) “conservation” means the use of all methods and procedures necessary to bring rhinoceros and tigers to the point at which there are sufficient populations to ensure that those species do not become extinct, including all activities associated with scientific resource management, such as research, census, law enforcement, habitat protection, acquisition, and management, propagation, live trapping, and transportation;
(3) “Fund” means the the 1 account established by division A, section 101(e), title I of Public Law 105–277 under the heading “multinational species conservation fund” [16 U.S.C. 4246];
(4) “Secretary” means the Secretary of the Interior;
(5) “Administrator” means the Administrator of the Agency for International Development; and
(6) “person” means—
(A) an individual, corporation, partnership, trust, association, or other private entity;
(B) an officer, employee, agent, department, or instrumentality of—
(i) the Federal Government;
(ii) any State, municipality, or political subdivision of a State; or
(iii) any foreign government;
(C) a State, municipality, or political subdivision of a State; or
(D) any other entity subject to the jurisdiction of the United States.
(Pub. L. 103–391, § 4, Oct. 22, 1994, 108 Stat. 4095; Pub. L. 105–312, title IV, § 404, Oct. 30, 1998, 112 Stat. 2960; Pub. L. 107–112, § 6(a)(1), Jan. 8, 2002, 115 Stat. 2098.)
heading: Editorial Notes
heading: References in Text
text: Division A, section 101(e), title I of Public Law 105–277, referred to in par. (3), is Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–232. Provisions under the heading “multinational species conservation fund” in Pub. L. 105–277, § 101(e) [title I] appear at 112 Stat. 2681–237, and are classified in part to section 4246 of this title.
heading: Amendments
text: 2002—Par. (3). Pub. L. 107–112 substituted “the account established by division A, section 101(e), title I of Public Law 105–277 under the heading ‘multinational species conservation fund’ ” for “Rhinoceros and Tiger Conservation Fund established under section 5305(a) of this title”.
1998—Par. (6). Pub. L. 105–312 added par. (6).
16 U.S.C. § 5305 (CONSERVATION)
§ 5305. Acceptance and use of donations
The Secretary may accept and use donations to provide assistance under section 5304 of this title. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund.
(Pub. L. 103–391, § 6, Oct. 22, 1994, 108 Stat. 4096; Pub. L. 107–112, § 6(a)(2), Jan. 8, 2002, 115 Stat. 2098.)
heading: Editorial Notes
heading: Amendments
text: 2002—Pub. L. 107–112 redesignated heading and text of subsec. (d) as entire section and struck out former section catchline and headings and text of subsecs. (a) to (c). Prior to amendment, text of subsecs. (a) to (c) related to establishment in the Treasury of the Rhinoceros and Tiger Conservation Fund, consisting of amounts deposited by the Secretary of the Treasury from donations and appropriated funds, to be used to provide assistance under section 5304 of this title, with not more than three percent of appropriated funds per fiscal year used to administer the Fund.
16 U.S.C. § 5305b (CONSERVATION)
§ 5305b. Educational outreach program
(a) In general
Not later than 180 days after October 30, 1998, the Secretary shall develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species.
(b) Guidelines
The Secretary shall publish in the Federal Register guidelines for the program.
(c) Contents
Under the program, the Secretary shall publish and disseminate information regarding—
(1) laws protecting rhinoceros and tiger species, in particular laws prohibiting trade in products containing, or labeled or advertised as containing, their parts;
(2) use of traditional medicines that contain parts or products of rhinoceros and tiger species, health risks associated with their use, and available alternatives to the medicines; and
(3) the status of rhinoceros and tiger species and the reasons for protecting the species.
(Pub. L. 103–391, § 8, as added Pub. L. 105–312, title IV, § 406, Oct. 30, 1998, 112 Stat. 2961.)
16 U.S.C. § 5305c (CONSERVATION)
§ 5305c. Advisory group
(a) In general
To assist in carrying out this chapter, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of rhinoceros and tiger species.
(b) Public participation
(1) Meetings
The Advisory Group 1 shall—
(A) ensure that each meeting of the advisory group is open to the public; and
(B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda.
(2) Notice
The Secretary shall provide to the public timely notice of each meeting of the advisory group.
(3) Minutes
Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public.
(c) Exemption from chapter 10 of title 5
Chapter 10 of title 5 shall not apply to the advisory group.
(Pub. L. 103–391, § 9, as added Pub. L. 107–112, § 4, Jan. 8, 2002, 115 Stat. 2097; amended Pub. L. 117–286, § 4(a)(123), Dec. 27, 2022, 136 Stat. 4319.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 9 of Pub. L. 103–391 was renumbered section 10 and is classified to section 5306 of this title.
heading: Amendments
text: 2022—Subsec. (c). Pub. L. 117–286 substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.
16 U.S.C. § 5306 (CONSERVATION)
§ 5306. Authorization of appropriations
(a) In general
There is authorized to be appropriated to the Fund $10,000,000 for each of fiscal years 2025 through 2029 to carry out this chapter, to remain available until expended.
(b) Administrative expenses
Of amounts available each fiscal year to carry out this chapter, the Secretary may expend not more than 3 percent or $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this chapter.
(Pub. L. 103–391, § 10, formerly § 7, Oct. 22, 1994, 108 Stat. 4097; renumbered § 9 and amended Pub. L. 105–312, title IV, §§ 405(1), 407, Oct. 30, 1998, 112 Stat. 2960, 2961; renumbered § 10 and amended Pub. L. 107–112, §§ 2–4, Jan. 8, 2002, 115 Stat. 2097; Pub. L. 110–132, § 3(b), (c), Dec. 6, 2007, 121 Stat. 1360; Pub. L. 116–9, title VII, § 7001(c)(1)(C), Mar. 12, 2019, 133 Stat. 784; Pub. L. 118–159, div. E, title LIII, § 5305(b), Dec. 23, 2024, 138 Stat. 2446.)
heading: Editorial Notes
heading: Amendments
text: 2024—Subsec. (a). Pub. L. 118–159 substituted “2025 through 2029” for “2019 through 2023”.
2019—Subsec. (a). Pub. L. 116–9 substituted “2019 through 2023” for “2007 through 2012”.
2007—Subsec. (a). Pub. L. 110–132, § 3(c), substituted “2007 through 2012” for “2001, 2002, 2003, 2004, 2005, 2006, and 2007”.
Subsec. (b). Pub. L. 110–132, § 3(b), substituted “$100,000” for “$80,000”.
2002—Pub. L. 107–112, §§ 2, 3, designated existing provisions as subsec. (a), inserted heading, substituted “is authorized” for “are authorized” and “2001, 2002, 2003, 2004, 2005, 2006, and 2007” for “1996 through 2002”, and added subsec. (b).
1998—Pub. L. 105–312, § 407, substituted “1996 through 2002” for “1996, 1997, 1998, 1999, and 2000”.
16 U.S.C. § 5401 (CONSERVATION)
§ 5401. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–451, § 2, Nov. 2, 1994, 108 Stat. 4769, which related to congressional findings, was omitted from the Code following the enactment of Title 54, National Park Service and Related Programs, by Pub. L. 113–287.
16 U.S.C. § 5402 (CONSERVATION)
§ 5402. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 103–451, § 3, Nov. 2, 1994, 108 Stat. 4770, related to national maritime heritage policy. See section 308701 of Title 54, National Park Service and Related Programs.
16 U.S.C. § 5403 (CONSERVATION)
§ 5403. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 103–451, § 4, Nov. 2, 1994, 108 Stat. 4770, related to National Maritime Heritage Grants Program. See section 308703 of Title 54, National Park Service and Related Programs.
16 U.S.C. § 5404 (CONSERVATION)
§ 5404. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 103–451, § 5, Nov. 2, 1994, 108 Stat. 4774, related to National Maritime Heritage Grants Advisory Committee.
16 U.S.C. § 5405 (CONSERVATION)
§ 5405. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 103–451, § 6, Nov. 2, 1994, 108 Stat. 4776; Pub. L. 105–85, div. A, title X, § 1026(c), Nov. 18, 1997, 111 Stat. 1878; Pub. L. 106–398, § 1 [div. C, title XXXV, § 3502(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–490; Pub. L. 110–181, div. C, title XXXV, § 3514, Jan. 28, 2008, 122 Stat. 594; Pub. L. 111–84, div. C, title XXXV, § 3509, Oct. 28, 2009, 123 Stat. 2721; Pub. L. 111–383, div. A, title X, § 1075(n), Jan. 7, 2011, 124 Stat. 4378, related to funding. See section 308704 of Title 54, National Park Service and Related Programs.
16 U.S.C. § 5406 (CONSERVATION)
§ 5406. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 103–451, § 7, Nov. 2, 1994, 108 Stat. 4777, provided definitions for this chapter. See section 308702 of Title 54, National Park Service and Related Programs.
16 U.S.C. § 5407 (CONSERVATION)
§ 5407. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 103–451, § 8, Nov. 2, 1994, 108 Stat. 4778, related to regulations. See section 308706 of Title 54, National Park Service and Related Programs.
16 U.S.C. § 5408 (CONSERVATION)
§ 5408. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 103–451, § 9, Nov. 2, 1994, 108 Stat. 4778, related to savings provision. See section 308707 of Title 54, National Park Service and Related Programs.
16 U.S.C. § 5409 (CONSERVATION)
§ 5409. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 105–261, div. A, title X, § 1068, Oct. 17, 1998, 112 Stat. 2135, related to designation of America’s National Maritime Museum. See section 308705 of Title 54, National Park Service and Related Programs.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 120 days after Nov. 3, 1995, see section 111 of Pub. L. 104–43, set out as a note under section 5501 of this title.
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) 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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 120 days after Nov. 3, 1995, see section 111 of Pub. L. 104–43, set out as a note under section 5501 of this title.
16 U.S.C. § 5602 (CONSERVATION)
§ 5602. Requests for scientific advice
(a) Restriction
A Representative may not make a request or specification described in paragraph (1) or (2) of subsection (b), respectively, unless the Representative has 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) are, respectively—
(1) any request, under Article VII(10)(b) 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 VII(11) of the Convention, of the terms of reference for the consideration of a question referred to the Scientific Council pursuant to Article VII(10)(b) of the Convention.
(Pub. L. 104–43, title II, § 203, Nov. 3, 1995, 109 Stat. 378; Pub. L. 114–327, title V, § 503, Dec. 16, 2016, 130 Stat. 1995.)
heading: Editorial Notes
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–327, § 503(1), in introductory provisions, substituted “A Representative may” for “The Representatives may”, “described in paragraph (1) or (2) of subsection (b)” for “described in subsection (b)(1) or (2)”, and “the Representative has” for “the Representatives have”.
Subsec. (b)(1). Pub. L. 114–327, § 503(2), substituted “VII(10)(b)” for “VII(1)”.
Subsec. (b)(2). Pub. L. 114–327, § 503(2),(3), substituted “VII(11)” for “VIII(2)” and “VII(10)(b)” for “VII(1)”.
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 Commission consistent with the procedures detailed in Articles XIV and XV of the Convention;
(3) give or withdraw notice of intent not to be bound by a measure of the Commission consistent with the procedures detailed in Articles XIV and XV of the Convention;
(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; Pub. L. 114–327, title V, § 504, Dec. 16, 2016, 130 Stat. 1996.)
heading: Editorial Notes
heading: Amendments
text: 2016—Pars. (2), (3). Pub. L. 114–327 substituted “Commission consistent with the procedures detailed in Articles XIV and XV of the Convention” for “Fisheries Commission”.
16 U.S.C. § 5604 (CONSERVATION)
§ 5604. Interagency cooperation
(a) Authorities of the Secretary
In carrying out the provisions of the Convention and this chapter, the Secretary may arrange for cooperation with—
(1) any department, agency, or instrumentality of the United States;
(2) a State;
(3) a Council; or
(4) a private institution or an organization.
(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; Pub. L. 114–327, title V, § 505, Dec. 16, 2016, 130 Stat. 1996.)
heading: Editorial Notes
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–327 amended subsec. (a) generally. Prior to amendment, text read as follows: “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.”
16 U.S.C. § 5605 (CONSERVATION)
§ 5605. Rulemaking
The Secretary shall promulgate regulations as may be necessary to carry out the purposes and objectives of the Convention and this chapter. Any such regulation may be made applicable, as necessary, to all persons and all vessels subject to the jurisdiction of the United States, wherever located.
(Pub. L. 104–43, title II, § 206, Nov. 3, 1995, 109 Stat. 379.)