dreamproit/uscode huggingface dataset:
16 U.S.C. § 6601 (CONSERVATION)
§ 6601. Findings and purposes
(a) Findings
The Congress finds that—
(1) marine turtle populations have declined to the point that the long-term survival of the loggerhead, green, hawksbill, Kemp’s ridley, olive ridley, and leatherback turtle in the wild is in serious jeopardy;
(2) 6 of the 7 recognized species of marine turtles are listed as threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all 7 species have been included in Appendix I of CITES;
(3) because marine turtles are long-lived, late-maturing, and highly migratory, marine turtles are particularly vulnerable to the impacts of human exploitation and habitat loss;
(4) illegal international trade seriously threatens wild populations of some marine turtle species, particularly the hawksbill turtle;
(5) the challenges facing marine turtles are immense, and the resources available have not been sufficient to cope with the continued loss of nesting habitats caused by human activities and the consequent diminution of marine turtle populations;
(6) because marine turtles are flagship species for the ecosystems in which marine turtles are found, sustaining healthy populations of marine turtles provides benefits to many other species of wildlife, including many other threatened or endangered species;
(7) marine turtles are important components of the ecosystems that they inhabit, and studies of wild populations of marine turtles have provided important biological insights;
(8) changes in marine turtle populations are most reliably indicated by changes in the numbers of nests and nesting females; and
(9) the reduction, removal, or other effective addressing of the threats to the long-term viability of populations of marine turtles will require the joint commitment and effort of—
(A) countries that have within their boundaries marine turtle nesting habitats; and
(B) persons with expertise in the conservation of marine turtles.
(b) Purpose
The purpose of this chapter is to assist in the conservation of marine turtles and the nesting habitats of marine turtles in foreign countries by supporting and providing financial resources for projects to conserve the nesting habitats, conserve marine turtles in those habitats, and address other threats to the survival of marine turtles.
(Pub. L. 108–266, § 2, July 2, 2004, 118 Stat. 791.)
heading: References in Text
text: The Endangered Species Act of 1973, referred to in subsec. (a)(2), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
heading: Short Title
text: Pub. L. 108–266, § 1, July 2, 2004, 118 Stat. 791, provided that: “This Act [enacting this chapter] may be cited as the ‘Marine Turtle Conservation Act of 2004’.”
16 U.S.C. § 6602 (CONSERVATION)
§ 6602. Definitions
In this chapter:
(1) CITES
The term “CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249).
(2) Conservation
The term “conservation” means the use of all methods and procedures necessary to protect nesting habitats of marine turtles in foreign countries and of marine turtles in those habitats, including—
(A) protection, restoration, and management of nesting habitats;
(B) onsite research and monitoring of nesting populations, nesting habitats, annual reproduction, and species population trends;
(C) assistance in the development, implementation, and improvement of national and regional management plans for nesting habitat ranges;
(D) enforcement and implementation of CITES and laws of foreign countries to—
(i) protect and manage nesting populations and nesting habitats; and
(ii) prevent illegal trade of marine turtles;
(E) training of local law enforcement officials in the interdiction and prevention of—
(i) the illegal killing of marine turtles on nesting habitat; and
(ii) illegal trade in marine turtles;
(F) initiatives to resolve conflicts between humans and marine turtles over habitat used by marine turtles for nesting;
(G) community outreach and education; and
(H) strengthening of the ability of local communities to implement nesting population and nesting habitat conservation programs.
(3) Fund
The term “Fund” means the Marine Turtle Conservation Fund established by section 6604 of this title.
(4) Marine turtle
(A) In general
The term “marine turtle” means any member of the family Cheloniidae or Dermochelyidae.
(B) Inclusions
The term “marine turtle” includes—
(i) any part, product, egg, or offspring of a turtle described in subparagraph (A); and
(ii) a carcass of such a turtle.
(5) Multinational Species Conservation Fund
The term “Multinational Species Conservation Fund” means the fund established under the heading “multinational species conservation fund” in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 4246).
(6) Secretary
The term “Secretary” means the Secretary of the Interior.
(Pub. L. 108–266, § 3, July 2, 2004, 118 Stat. 792.)
heading: References in Text
text: Title I of the Department of the Interior and Related Agencies Appropriations Act, 1999, referred to in par. (5), 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.
16 U.S.C. § 6604 (CONSERVATION)
§ 6604. Marine Turtle Conservation Fund
(a) Establishment
There is established in the Multinational Species Conservation Fund a separate account to be known as the “Marine Turtle Conservation Fund”, consisting of—
(1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 6605 of this title; and
(3) any interest earned on investment of amounts in the Fund under subsection (c).
(b) Expenditures from Fund
(1) In general
Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 6603 of this title.
(2) Administrative expenses
Of the amounts in the account available for each fiscal year, the Secretary may expend not more than 3 percent, or up to $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this chapter.
(c) Investment of amounts
(1) In general
The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States.
(2) Acquisition of obligations
For the purpose of investments under paragraph (1), obligations may be acquired—
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the market price.
(3) Sale of obligations
Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.
(4) Credits to Fund
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.
(d) Transfers of amounts
(1) In general
The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments
Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
(e) Acceptance and use of donations
The Secretary may accept and use donations to provide assistance under section 6603 of this title. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit in the Fund.
(Pub. L. 108–266, § 5, July 2, 2004, 118 Stat. 794.)
16 U.S.C. § 6605 (CONSERVATION)
§ 6605. 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 marine turtles.
(b) Public participation
(1) Meetings
The Advisory Group 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 Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group.
(Pub. L. 108–266, § 6, July 2, 2004, 118 Stat. 795.)
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 6706 (CONSERVATION)
§ 6706. Monitoring and evaluation
(a) In general
Not later than 5 years after October 5, 2004, and every 5 years thereafter, the Secretary, in consultation with the Secretary of the Interior, shall complete and submit to the Committee on Resources and the Committee on Agriculture of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate a detailed evaluation of the programs and activities of each Institute—
(1) to ensure, to the maximum extent practicable, that the research, communication tools, and information transfer activities of each Institute are sufficient to achieve the purposes of this chapter, including—
(A) implementing active adaptive ecosystem management practices at the landscape level;
(B) reducing unnecessary planning costs;
(C) avoiding duplicative and conflicting efforts;
(D) increasing public acceptance of active adaptive ecosystem management practices; and
(E) achieving general satisfaction on the part of affected entities;
(2) to determine the extent to which each Institute has implemented its duties under section 6704(c) of this title; and
(3) to determine whether continued provision of Federal assistance to each Institute is warranted.
(b) Termination of assistance
If, as a result of an evaluation under subsection (a), the Secretary, in consultation with the Secretary of the Interior, determines that an Institute does not qualify for further Federal assistance under this chapter, the Institute shall receive no further Federal assistance under this chapter until such time as the qualifications of the Institute are reestablished to the satisfaction of the Secretaries.
(Pub. L. 108–317, § 7, Oct. 5, 2004, 118 Stat. 1209.)
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. § 6809 (CONSERVATION)
§ 6809. Sunset provision
The authority of the Secretary to carry out this chapter shall terminate 10 years after December 8, 2004.
(Pub. L. 108–447, div. J, title VIII, § 810, Dec. 8, 2004, 118 Stat. 3389.)
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 VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the Federal Lands Recreation Enhancement Act, to reflect the probable intent of Congress. For complete classification of title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.
16 U.S.C. § 6810 (CONSERVATION)
§ 6810. Volunteers
(a) Authority to use volunteers
The Secretary may use volunteers, as appropriate, to collect recreation fees and sell recreation passes.
(b) Waiver or discount of fees; site-specific agency pass
In exchange for volunteer services, the Secretary may waive or discount an entrance fee, standard amenity recreation fee, or an expanded amenity recreation fee that would otherwise apply to the volunteer or issue to the volunteer a site-specific agency pass authorized under section 6804(c) of this title.
(c) National Parks and Federal Recreational Lands Pass
In accordance with the guidelines issued under section 6804(a)(7) of this title, the Secretaries may issue a National Parks and Federal Recreational Lands Pass to a volunteer in exchange for significant volunteer services performed by the volunteer.
(d) Regional multientity passes
The Secretary may issue a regional multientity pass authorized under section 6804(d) of this title to a volunteer in exchange for significant volunteer services performed by the volunteer, if the regional multientity pass agreement under which the regional multientity pass was established provides for the issuance of the pass to volunteers.
(Pub. L. 108–447, div. J, title VIII, § 811, Dec. 8, 2004, 118 Stat. 3389.)
heading: References in Text
text: Section 6804 of this title, referred to in subsecs. (b) to (d), was in the original a reference to section 5, and was translated as meaning section 805 of title VIII of div. J of Pub. L. 108–447, to reflect the probable intent of Congress.
16 U.S.C. § 6811 (CONSERVATION)
§ 6811. Enforcement and protection of receipts
(a) Enforcement authority
The Secretary concerned shall enforce payment of the recreation fees authorized by this chapter.
(b) Evidence of nonpayment
If the display of proof of payment of a recreation fee, or the payment of a recreation fee within a certain time period is required, failure to display such proof as required or to pay the recreation fee within the time period specified shall constitute nonpayment.
(c) Joint liability
The registered owner and any occupant of a vehicle charged with a nonpayment violation involving the vehicle shall be jointly liable for penalties imposed under this section, unless the registered owner can show that the vehicle was used without the registered owner’s express or implied permission.
(d) Limitation on penalties
The failure to pay a recreation fee established under this chapter shall be punishable as a Class A or Class B misdemeanor, except that in the case of a first offense of nonpayment, the fine imposed may not exceed $100, notwithstanding section 3571(e) of title 18.
(Pub. L. 108–447, div. J, title VIII, § 812, Dec. 8, 2004, 118 Stat. 3390.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (d), was in the original “this Act”, and was translated as reading “this title”, meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the Federal Lands Recreation Enhancement Act, to reflect the probable intent of Congress. For complete classification of title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.
16 U.S.C. § 6814 (CONSERVATION)
§ 6814. Limitation on use of fees for employee bonuses
Notwithstanding any other provision of law, fees collected under the authorities of the chapter may not be used for employee bonuses.
(Pub. L. 108–447, div. J, title VIII, § 815, Dec. 8, 2004, 118 Stat. 3393.)
heading: References in Text
text: The chapter, referred to in text, was in the original “the Act”, and was translated as reading “this title”, meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the Federal Lands Recreation Enhancement Act, to reflect the probable intent of Congress. For complete classification of title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.
16 U.S.C. § 6904 (CONSERVATION)
§ 6904. Rulemaking authority of the Secretary of Commerce
(a) Promulgation of regulations
The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the Department in which the Coast Guard is operating, is authorized to promulgate such regulations as may be necessary to carry out the United States international obligations under the WCPFC Convention and this chapter, including recommendations and decisions adopted by the Commission. In cases where the Secretary has discretion in the implementation of one or more measures adopted by the Commission that would govern fisheries under the authority of a Regional Fishery Management Council, the Secretary may, to the extent practicable within the implementation schedule of the WCPFC Convention and any recommendations and decisions adopted by the Commission, promulgate such regulations in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(b) Additions to fishery regimes and regulations
The Secretary may promulgate regulations applicable to all vessels and persons subject to the jurisdiction of the United States, including United States flag vessels wherever they may be operating, on such date as the Secretary shall prescribe.
(Pub. L. 109–479, title V, § 505, Jan. 12, 2007, 120 Stat. 3639.)
heading: References in Text
text: The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
16 U.S.C. § 6910 (CONSERVATION)
§ 6910. Authorization of appropriations
There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out this chapter and to pay the United States’ contribution to the Commission under section 5 of part III of the WCPFC Convention.
(Pub. L. 109–479, title V, § 511, Jan. 12, 2007, 120 Stat. 3644.)
16 U.S.C. § 7001 (CONSERVATION)
§ 7001. Definitions
In this chapter:
(1) Advisory panel
The term “advisory panel” means the Advisory Panel on Pacific Hake/Whiting established by the Agreement.
(2) Agreement
The term “Agreement” means the Agreement between the Government of the United States and the Government of Canada on Pacific Hake/Whiting, signed at Seattle, Washington, on November 21, 2003.
(3) Catch
The term “catch” means all fishery removals from the offshore whiting resource, including landings, discards, and bycatch in other fisheries.
(4) Joint management committee
The term “joint management committee” means the joint management committee established by the Agreement.
(5) Joint technical committee
The term “joint technical committee” means the joint technical committee established by the Agreement.
(6) Offshore whiting resource
The term “offshore whiting resource” means the transboundary stock of Merluccius productus that is located in the offshore waters of the United States and Canada except in Puget Sound and the Strait of Georgia.
(7) Scientific review group
The term “scientific review group” means the scientific review group established by the Agreement.
(8) Secretary
The term “Secretary” means the Secretary of Commerce.
(9) United States Section
The term “United States Section” means the United States representatives on the joint management committee.
(Pub. L. 109–479, title VI, § 602, Jan. 12, 2007, 120 Stat. 3644.)
heading: Short Title
text: Pub. L. 109–479, title VI, § 601, Jan. 12, 2007, 120 Stat. 3644, provided that: “This title [enacting this chapter] may be cited as the ‘Pacific Whiting Act of 2006’.”
16 U.S.C. § 7004 (CONSERVATION)
§ 7004. United States representation on joint technical committee
(a) Scientific experts
(1) In general
The Secretary, in consultation with the Secretary of State, shall appoint no more than 2 individuals to serve as scientific experts on the joint technical committee, at least 1 of whom shall be an official of the National Oceanic and Atmospheric Administration.
(2) Term of office
An individual appointed under paragraph (1) shall be appointed for a term of not to exceed 4 years, but shall be eligible for reappointment. An individual appointed to fill a vacancy occurring prior to the expiration of the term of office of that individual’s predecessor shall be appointed for the remainder of that term.
(b) Independent member
In addition to individuals appointed under subsection (a), the Secretary, jointly with the Government of Canada, shall appoint 1 independent member to the joint technical committee selected from a list of names provided by the advisory panel.
(Pub. L. 109–479, title VI, § 605, Jan. 12, 2007, 120 Stat. 3646; Pub. L. 111–348, title III, § 302(a), Jan. 4, 2011, 124 Stat. 3672.)
heading: Amendments
text: 2011—Subsec. (a)(1). Pub. L. 111–348 substituted “no more than 2” for “at least 6 but not more than 12”.
16 U.S.C. § 7007 (CONSERVATION)
§ 7007. Rulemaking
(a) Application with Magnuson-Stevens Act
The Secretary shall establish the United States catch level for Pacific whiting according to the standards and procedures of the Agreement and this chapter rather than under the standards and procedures of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), except to the extent necessary to address the rebuilding needs of other species. Except for establishing the catch level, all other aspects of Pacific whiting management shall be—
(1) subject to the Magnuson-Stevens Fishery Conservation and Management Act; and
(2) consistent with this chapter.
(b) Joint management committee recommendations
For any year in which both parties to the Agreement approve recommendations made by the joint management committee with respect to the catch level, the Secretary shall implement the approved recommendations. Any regulation promulgated by the Secretary to implement any such recommendation shall apply, as necessary, to all persons and all vessels subject to the jurisdiction of the United States wherever located.
(c) Years with no approved catch recommendations
If the parties to the Agreement do not approve the joint management committee’s recommendation with respect to the catch level for any year, the Secretary shall establish the total allowable catch for Pacific whiting for the United States catch. In establishing the total allowable catch under this subsection, the Secretary shall—
(1) take into account any recommendations from the Pacific Fishery Management Council, the joint management committee, the joint technical committee, the scientific review group, and the advisory panel;
(2) base the total allowable catch on the best scientific information available;
(3) use the default harvest rate set out in paragraph 1 of Article III of the Agreement unless the Secretary determines that the scientific evidence demonstrates that a different rate is necessary to sustain the offshore whiting resource; and
(4) establish the United State’s 1 share of the total allowable catch based on paragraph 2 of Article III of the Agreement and make any adjustments necessary under section 5 of Article II of the Agreement.
(Pub. L. 109–479, title VI, § 608, Jan. 12, 2007, 120 Stat. 3647.)
heading: References in Text
text: The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.