dreamproit/uscode huggingface dataset:
16 U.S.C. § 1826f (CONSERVATION)
§ 1826f. Certification
The Secretary of State shall determine in writing prior to the signing or provisional application by the United States of any international agreement with respect to the conservation and management of living marine resources or the use of the high seas by fishing vessels that the prohibition contained in section 1826d of this title will not be violated if such agreement is signed or provisionally applied.
(Pub. L. 104–43, title VI, § 605, Nov. 3, 1995, 109 Stat. 392.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
16 U.S.C. § 1827a (CONSERVATION)
§ 1827a. Prohibition on sale of billfish
(a) Prohibition
No person shall offer for sale, sell, or have custody, control, or possession of for purposes of offering for sale or selling billfish or products containing billfish.
(b) Penalty
For purposes of section 1858(a) of this title, a violation of this section shall be treated as an act prohibited by section 1857 of this title.
(c) Exemptions for traditional fisheries and markets
(1) Subsection (a) does not apply to billfish caught by US fishing vessels and landed and retained in the State of Hawaii or Pacific Insular Areas as defined in section 1802(35) of this title.
(2) Subsection (a) does not apply to billfish landed by foreign fishing vessels in the Pacific Insular Areas when the foreign caught billfish is exported to non-US markets or retained within Hawaii and the Pacific Insular Areas for local consumption.
(d) Billfish defined
In this section the term “billfish”—
(1) means any fish of the species—
(A) Makaira nigricans (blue marlin);
(B) Kajikia audax (striped marlin);
(C) Istiompax indica (black marlin);
(D) Istiophorus platypterus (sailfish);
(E) Tetrapturus angustirostris (shortbill spearfish);
(F) Kajikia albida (white marlin);
(G) Tetrapturus georgii (roundscale spearfish);
(H) Tetrapturus belone (Mediterranean spearfish); and
(I) Tetrapturus pfluegeri (longbill spearfish); and
(2) does not include the species Xiphias gladius (swordfish).
(Pub. L. 112–183, § 4, Oct. 5, 2012, 126 Stat. 1422; Pub. L. 115–228, § 1, Aug. 2, 2018, 132 Stat. 1628.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Billfish Conservation Act of 2012 and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
heading: Amendments
text: 2018—Subsec. (c)(1). Pub. L. 115–228 inserted “and retained” after “landed”.
heading: Statutory Notes and Related Subsidiaries
heading: Findings
text: Pub. L. 112–183, § 2, Oct. 5, 2012, 126 Stat. 1422, provided that:
“Congress finds the following:
“(1) The United States carefully regulates its domestic fisheries for billfish and participates in international fishery management bodies in the Atlantic and Pacific.
“(2) Global billfish populations have declined significantly, however, because of overfishing primarily through retention of bycatch by non-United States commercial fishing fleets.
“(3) Ending the importation of foreign-caught billfish for sale in the United States aligns with U.S. management measures of billfish and protects the significant economic benefits to the U.S. economy of recreational fishing and marine commerce and the traditional cultural fisheries.”
16 U.S.C. § 1828 (CONSERVATION)
§ 1828. Foreign fishing incursions
(a) In general
Not later than 180 days after July 11, 2006, the Secretary of the department in which the Coast Guard is operating shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on steps that the Coast Guard will take to significantly improve the Coast Guard’s detection and interdiction of illegal incursions into the United States exclusive economic zone by foreign fishing vessels.
(b) Specific issues to be addressed
The report shall—
(1) focus on areas in the exclusive economic zone where the Coast Guard has failed to detect or interdict such incursions in the 4-fiscal-year period beginning with fiscal year 2000, including such areas in the Western/Central Pacific and the Bering Sea; and
(2) include an evaluation of the potential use of unmanned aircraft and offshore platforms for detecting or interdicting such incursions.
(c) Biennial updates
The Secretary shall provide biannual reports updating the Coast Guard’s progress in detecting or interdicting such incursions to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(Pub. L. 109–241, title VIII, § 804, July 11, 2006, 120 Stat. 563.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Coast Guard and Maritime Transportation Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Combination of Fisheries Enforcement Plans and Foreign Fishing Incursion Reports
text: Pub. L. 111–207, § 4(b), July 27, 2010, 124 Stat. 2251, as amended by Pub. L. 113–281, title II, § 221(a)(5), Dec. 18, 2014, 128 Stat. 3037, provided that: “The Secretary of the department in which the Coast Guard is operating shall combine the reports required under section 224 of the Coast Guard and Maritime Transportation Act of 2004 (16 U.S.C. 1861b) and section 804 of the Coast Guard and Maritime Transportation Act of 2006 (16 U.S.C. 1828) into a single annual report for fiscal years beginning after fiscal year 2010. No report shall be required under this subsection, including that no report shall be required under section 224 of the Coast Guard and Maritime Transportation Act of 2004 or section 804 of the Coast Guard and Maritime Transportation Act of 2006, for fiscal years beginning after fiscal year 2014.”
16 U.S.C. § 1829 (CONSERVATION)
§ 1829. International monitoring and compliance
(a) In general
The Secretary may undertake activities to promote improved monitoring and compliance for high seas fisheries, or fisheries governed by international fishery management agreements, and to implement the requirements of this subchapter.
(b) Specific authorities
In carrying out subsection (a), the Secretary may—
(1) share information on harvesting and processing capacity and illegal, unreported and unregulated fishing on the high seas, in areas covered by international fishery management agreements, and by vessels of other nations within the United States exclusive economic zone, with relevant law enforcement organizations of foreign nations and relevant international organizations;
(2) further develop real time information sharing capabilities, particularly on harvesting and processing capacity and illegal, unreported and unregulated fishing;
(3) participate in global and regional efforts to build an international network for monitoring, control, and surveillance of high seas fishing and fishing under regional or global agreements;
(4) support efforts to create an international registry or database of fishing vessels, including by building on or enhancing registries developed by international fishery management organizations;
(5) enhance enforcement capabilities through the application of commercial or governmental remote sensing technology to locate or identify vessels engaged in illegal, unreported, or unregulated fishing on the high seas, including encroachments into the exclusive economic zone by fishing vessels of other nations;
(6) provide technical or other assistance to developing countries to improve their monitoring, control, and surveillance capabilities; and
(7) support coordinated international efforts to ensure that all large-scale fishing vessels operating on the high seas are required by their flag State to be fitted with vessel monitoring systems no later than December 31, 2008, or earlier if so decided by the relevant flag State or any relevant international fishery management organization.
(Pub. L. 94–265, title II, § 207, as added Pub. L. 109–479, title IV, § 401, Jan. 12, 2007, 120 Stat. 3625.)
16 U.S.C. § 1859 (CONSERVATION)
§ 1859. Criminal offenses
(a) Offenses
A person is guilty of an offense if he commits any act prohibited by—
(1) section 1857(1)(D), (E), (F), (H), (I), or (L) of this title; or
(2) section 1857(2) of this title.
(b) Punishment
Any offense described in subsection (a)(1) is punishable by a fine of not more than $100,000, or imprisonment for not more than 6 months, or both; except that if in the commission of any such offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any observer described in section 1857(1)(L) of this title or any officer authorized to enforce the provisions of this chapter (as provided for in section 1861 of this title), or places any such observer or officer in fear of imminent bodily injury, the offense is punishable by a fine of not more than $200,000, or imprisonment for not more than 10 years, or both. Any offense described in subsection (a)(2) is punishable by a fine of not more than $200,000.
(c) Jurisdiction
There is Federal jurisdiction over any offense described in this section.
(Pub. L. 94–265, title III, § 309, Apr. 13, 1976, 90 Stat. 357; Pub. L. 97–453, § 11(a), Jan. 12, 1983, 96 Stat. 2491; Pub. L. 99–659, title I, § 107(b), Nov. 14, 1986, 100 Stat. 3713; Pub. L. 100–66, § 2, July 10, 1987, 101 Stat. 384; Pub. L. 101–627, title I, § 115, Nov. 28, 1990, 104 Stat. 4455.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
heading: Amendments
text: 1990—Subsec. (a)(1). Pub. L. 101–627, § 115(a), amended par. (1) generally, substituting “(I), or (L)” for “or (I)”.
Subsec. (b). Pub. L. 101–627, § 115(b), substituted “$100,000” for “$50,000”, substituted “$200,000” for “$100,000” in two places, and inserted “any observer described in section 1857(1)(L) of this title or” after “injury to” and “observer or” before “officer in fear”.
1987—Subsec. (a)(1). Pub. L. 100–66 substituted “(I)” for “(J)”.
1986—Subsec. (a)(1). Pub. L. 99–659 substituted “(H), or (J)” for “or (H)”.
1983—Subsec. (b). Pub. L. 97–453 struck out “, or imprisonment for not more than 1 year, or both” after “subsection (a)(2) is punishable by a fine of not more than $100,000”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1983 Amendment
text: Pub. L. 97–453, § 11(b), Jan. 12, 1983, 96 Stat. 2491, provided that: “The amendment made by subsection (a) [amending this section] applies with respect to offenses committed under section 309 [this section] on or after the date of the enactment of this Act [Jan. 12, 1983].”
heading: Effective Date
text: Section effective Mar. 1, 1977, see section 312 of Pub. L. 94–265, formerly set out as a note under section 1857 of this title.
16 U.S.C. § 1861b (CONSERVATION)
§ 1861b. Fisheries enforcement plans and reporting
(a) Fisheries enforcement plans
In preparing the Coast Guard’s annual fisheries enforcement plan, the Commandant of the Coast Guard shall consult with the Under Secretary of Commerce for Oceans and Atmosphere and with State and local enforcement authorities.
(b) Fishery patrols
Prior to undertaking fisheries patrols, the Commandant of the Coast Guard shall notify the Under Secretary of Commerce for Oceans and Atmosphere and appropriate State and local enforcement authorities of the projected dates for such patrols.
(c) Annual summary
The Commandant of the Coast Guard shall prepare and make available to the Under Secretary of Commerce for Oceans and Atmosphere, State and local enforcement entities, and other relevant stakeholders, an annual summary report of fisheries enforcement activities for the preceding year, including a summary of the number of patrols, law enforcement actions taken, and resource hours expended.
(Pub. L. 108–293, title II, § 224, Aug. 9, 2004, 118 Stat. 1040.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Coast Guard and Maritime Transportation Act of 2004, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirement
text: For provision terminating reporting requirement under this section, see section 4(b) of Pub. L. 111–207, set out as a Combination of Fisheries Enforcement Plans and Foreign Fishing Incursion Reports note under section 1828 of this title.
16 U.S.C. § 1864 (CONSERVATION)
§ 1864. Repealed. Pub. L. 117–328, div. S, title II, § 203(a), Dec. 29, 2022, 136 Stat. 5269
text: Section, Pub. L. 94–265, title III, § 315, as added Pub. L. 109–479, title I, § 113(a), Jan. 12, 2007, 120 Stat. 3601, related to regional coastal disaster assistance, transition, and recovery program.
heading: Statutory Notes and Related Subsidiaries
heading: Fisheries Hurricane Assistance Program
text: Pub. L. 109–479, title I, § 115, Jan. 12, 2007, 120 Stat. 3604, provided that the Secretary of Commerce would establish an assistance program for the Gulf of Mexico commercial and recreational fishing industry and provided for allocation and use of funds for the program, with $17,500,000 appropriated for each of fiscal years 2007 through 2012 to carry out this section.
16 U.S.C. § 1866 (CONSERVATION)
§ 1866. Shark feeding
Except to the extent determined by the Secretary, or under State law, as presenting no public health hazard or safety risk, or when conducted as part of a research program funded in whole or in part by appropriated funds, it is unlawful to introduce, or attempt to introduce, food or any other substance into the water to attract sharks for any purpose other than to harvest sharks within the Exclusive Economic Zone seaward of the State of Hawaii and of the Commonwealths, territories, and possessions of the United States in the Pacific Ocean Area.
(Pub. L. 94–265, title III, § 317, as added Pub. L. 109–479, title I, § 119, Jan. 12, 2007, 120 Stat. 3607.)
16 U.S.C. § 1868 (CONSERVATION)
§ 1868. Herring study
(a) In general
The Secretary may conduct a cooperative research program to study the issues of abundance, distribution and the role of herring as forage fish for other commercially important fish stocks in the Northwest Atlantic, and the potential for local scale depletion from herring harvesting and how it relates to other fisheries in the Northwest Atlantic. In planning, designing, and implementing this program, the Secretary shall engage multiple fisheries sectors and stakeholder groups concerned with herring management.
(b) Report
The Secretary shall present the final results of this study to Congress within 3 months following the completion of the study, and an interim report at the end of fiscal year 2008.
(c) Authorization of appropriations
There are authorized to be appropriated $2,000,000 for fiscal year 2007 through fiscal year 2009 to conduct this study.
(Pub. L. 94–265, title III, § 319, as added Pub. L. 109–479, title II, § 205, Jan. 12, 2007, 120 Stat. 3615.)
16 U.S.C. § 1869 (CONSERVATION)
§ 1869. Restoration study
(a) In general
The Secretary may conduct a study to update scientific information and protocols needed to improve restoration techniques for a variety of coast habitat types and synthesize the results in a format easily understandable by restoration practitioners and local communities.
(b) Authorization of appropriations
There are authorized to be appropriated $500,000 for fiscal year 2007 to conduct this study.
(Pub. L. 94–265, title III, § 320, as added Pub. L. 109–479, title II, § 206, Jan. 12, 2007, 120 Stat. 3615.)
16 U.S.C. § 1884 (CONSERVATION)
§ 1884. Deep sea coral research and technology program
(a) In general
The Secretary, in consultation with appropriate regional fishery management councils and in coordination with other federal 1 agencies and educational institutions, shall, subject to the availability of appropriations, establish a program—
(1) to identify existing research on, and known locations of, deep sea corals and submit such information to the appropriate Councils;
(2) to locate and map locations of deep sea corals and submit such information to the Councils;
(3) to monitor activity in locations where deep sea corals are known or likely to occur, based on best scientific information available, including through underwater or remote sensing technologies and submit such information to the appropriate Councils;
(4) to conduct research, including cooperative research with fishing industry participants, on deep sea corals and related species, and on survey methods;
(5) to develop technologies or methods designed to assist fishing industry participants in reducing interactions between fishing gear and deep sea corals; and
(6) to prioritize program activities in areas where deep sea corals are known to occur, and in areas where scientific modeling or other methods predict deep sea corals are likely to be present.
(b) Reporting
Beginning 1 year after January 12, 2007, the Secretary, in consultation with the Councils, shall submit biennial reports to Congress and the public on steps taken by the Secretary to identify, monitor, and protect deep sea coral areas, including summaries of the results of mapping, research, and data collection performed under the program.
(Pub. L. 94–265, title IV, § 408, as added Pub. L. 109–479, title II, § 211, Jan. 12, 2007, 120 Stat. 3618.)
16 U.S.C. § 1891 (CONSERVATION)
§ 1891. Investment in United States seafood processing facilities
The Secretary of Commerce shall work with the Small Business Administration and other Federal agencies to develop financial and other mechanisms to encourage United States investment in seafood processing facilities in the United States for fisheries that lack capacity needed to process fish harvested by United States vessels in compliance with the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(Pub. L. 109–479, title I, § 106(c), Jan. 12, 2007, 120 Stat. 3593.)
heading: Editorial Notes
heading: References in Text
text: The Magnuson-Stevens Fishery Conservation and Management Act, referred to in text, is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
heading: Codification
text: Section was enacted as part of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
16 U.S.C. § 1891a (CONSERVATION)
§ 1891a. Community-based restoration program for fishery and coastal habitats
(a) In general
The Secretary of Commerce shall establish a community-based fishery and coastal habitat restoration program to implement and support the restoration of fishery and coastal habitats.
(b) Authorized activities
In carrying out the program, the Secretary may—
(1) provide funding and technical expertise to fishery and coastal communities to assist them in restoring fishery and coastal habitat;
(2) advance the science and monitoring of coastal habitat restoration;
(3) transfer restoration technologies to the private sector, the public, and other governmental agencies;
(4) develop public-private partnerships to accomplish sound coastal restoration projects;
(5) promote significant community support and volunteer participation in fishery and coastal habitat restoration;
(6) promote stewardship of fishery and coastal habitats; and
(7) leverage resources through national, regional, and local public-private partnerships.
(Pub. L. 109–479, title I, § 117, Jan. 12, 2007, 120 Stat. 3606.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
16 U.S.C. § 1891c (CONSERVATION)
§ 1891c. United States catch history
In establishing catch allocations under international fisheries agreements, the Secretary, in consultation with the Secretary of the Department in which the Coast Guard is operating, and the Secretary of State, shall ensure that all catch history associated with a vessel of the United States remains with the United States and is not transferred or credited to any other nation or vessel of such nation, including when a vessel of the United States is sold or transferred to a citizen of another nation or to an entity controlled by citizens of another nation.
(Pub. L. 109–479, title IV, § 407, Jan. 12, 2007, 120 Stat. 3634.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
16 U.S.C. § 1891d (CONSERVATION)
§ 1891d. Secretarial representative for international fisheries
(a) In general
The Secretary, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, shall designate a Senate-confirmed, senior official within the National Oceanic and Atmospheric Administration to perform the duties of the Secretary with respect to international agreements involving fisheries and other living marine resources, including policy development and representation as a U.S. Commissioner, under any such international agreements.
(b) Advice
The designated official shall, in consultation with the Deputy Assistant Secretary for International Affairs and the Administrator of the National Marine Fisheries Service, advise the Secretary, Undersecretary of Commerce for Oceans and Atmosphere, and other senior officials of the Department of Commerce and the National Oceanic and Atmospheric Administration on development of policy on international fisheries conservation and management matters.
(c) Consultation
The designated official shall consult with the Senate Committee on Commerce, Science, and Transportation and the House Committee on Resources on matters pertaining to any regional or international negotiation concerning living marine resources, including shellfish.
(d) Delegation
The designated official may delegate and authorize successive re-delegation of such functions, powers, and duties to such officers and employees of the National Oceanic and Atmospheric Administration as deemed necessary to discharge the responsibility of the Office.
(e) Effective date
This section shall take effect on January 1, 2009.
(Pub. L. 109–479, title IV, § 408, Jan. 12, 2007, 120 Stat. 3634.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.
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. § 1901 (CONSERVATION)
§ 1901. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
text: Section, Pub. L. 94–429, § 1, Sept. 28, 1976, 90 Stat. 1342, related to Congressional findings and declaration of policy. See section 100731 of Title 54, National Park Service and Related Programs.