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: 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. § 1826g (CONSERVATION)
§ 1826g. Enforcement
The President shall utilize appropriate assets of the Department of Defense, the United States Coast Guard, and other Federal agencies to detect, monitor, and prevent violations of the United Nations moratorium on large-scale driftnet fishing on the high seas for all fisheries under the jurisdiction of the United States and, in the case of fisheries not under the jurisdiction of the United States, to the fullest extent permitted under international law.
(Pub. L. 104–43, title VI, § 606, Nov. 3, 1995, 109 Stat. 392.)
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.
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. § 1826h (CONSERVATION)
§ 1826h. Biennial report on international compliance
The Secretary, in consultation with the Secretary of State, shall provide to Congress, by not later than 2 years after January 12, 2007, and every 2 years thereafter, a report that includes—
(1) the state of knowledge on the status of international living marine resources shared by the United States or subject to treaties or agreements to which the United States is a party, including a list of all such fish stocks classified as overfished, overexploited, depleted, endangered, or threatened with extinction by any international or other authority charged with management or conservation of living marine resources;
(2) a list of nations whose vessels have been identified under section 1826j(a) or 1826k(a) of this title, including the specific offending activities and any subsequent actions taken pursuant to section 1826j or 1826k of this title;
(3) a description of efforts taken by nations on those lists to comply take appropriate corrective action consistent with sections 1826j and 1826k of this title, and an evaluation of the progress of those efforts, including steps taken by the United States to implement those sections and to improve international compliance;
(4) progress at the international level, consistent with section 1826i of this title, to strengthen the efforts of international fishery management organizations to end illegal, unreported, or unregulated fishing; and
(5) steps taken by the Secretary at the international level to adopt international measures comparable to those of the United States to reduce impacts of fishing and other practices on protected living marine resources, if no international agreement to achieve such goal exists, or if the relevant international fishery or conservation organization has failed to implement effective measures to end or reduce the adverse impacts of fishing practices on such species.
(Pub. L. 104–43, title VI, § 607, as added Pub. L. 109–479, title IV, § 403(a), Jan. 12, 2007, 120 Stat. 3626.)
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 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.)
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: 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: 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: Combination of Fisheries Enforcement Plans and Foreign Fishing Incursion Reports
text: Pub. L. 111–207, § 4(b), July 27, 2010, 124 Stat. 2251, 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.”
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) of this section 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) of this section 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: 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, as amended, 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) of this section is punishable by a fine of not more than $100,000”.
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: 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.
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: 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: 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: 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: 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: 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. Congressional findings and declaration of policy
The Congress finds and declares that—
(a) the level of technology of mineral exploration and development has changed radically in recent years and continued application of the mining laws of the United States to those areas of the National Park System to which it applies, conflicts with the purposes for which they were established; and
(b) all mining operations in areas of the National Park System should be conducted so as to prevent or minimize damage to the environment and other resource values, and, in certain areas of the National Park System, surface disturbance from mineral development should be temporarily halted while Congress determines whether or not to acquire any valid mineral rights which may exist in such areas.
(Pub. L. 94–429, § 1, Sept. 28, 1976, 90 Stat. 1342.)
heading: Short Title
text: Pub. L. 94–429, which enacted this chapter, amended sections 123 and 450y–2 of this title, and repealed sections 350, 350a, 447, and 450z of this title, is popularly known as the “Mining in the Parks Act”.
16 U.S.C. § 1902 (CONSERVATION)
§ 1902. Preservation and management of areas by Secretary of the Interior; promulgation of regulations
In order to preserve for the benefit of present and future generations the pristine beauty of areas of the National Park System, and to further the purposes of sections 1, 2, 3, and 4 of this title, and the individual organic Acts for the various areas of the National Park System, all activities resulting from the exercise of valid existing mineral rights on patented or unpatented mining claims within any area of the National Park System shall be subject to such regulations prescribed by the Secretary of the Interior as he deems necessary or desirable for the preservation and management of those areas.
(Pub. L. 94–429, § 2, Sept. 28, 1976, 90 Stat. 1342.)
16 U.S.C. § 1903 to 1906 (CONSERVATION)
§§ 1903 to 1906. Omitted
heading: Codification
text: Section 1903, Pub. L. 94–429, § 4, Sept. 28, 1976, 90 Stat. 1343, provided for a 4-year cessation of certain mining operations within the boundaries of Death Valley National Monument, Mount McKinley National Park, and Organ Pipe Cactus National Monument, subject to exceptions.
Section 1904, Pub. L. 94–429, § 5, Sept. 28, 1976, 90 Stat. 1343, provided for inapplicability of requirements for annual expenditures on mining claims to mining operations during the 4-year period under section 1903.
Section 1905, Pub. L. 94–429, § 6, Sept. 28, 1976, 90 Stat. 1343, provided that within 2 years the Secretary of the Interior determine the validity of unpatented mining claims within Glacier Bay National Monument, Death Valley and Organ Pipe Cactus National Monuments and Mount McKinley National Park, submit to Congress recommendations for acquisition of valid claims, and study and submit to Congress recommendations for modifications of existing boundaries of the Death Valley Monument and the Glacier Bay National Monument.
Section 1906, Pub. L. 94–429, § 7, Sept. 28, 1976, 90 Stat. 1343, provided that within 4 years the Secretary determine the validity of unpatented mining claims within Crater Lake National Park, Coronado National Memorial, and Glacier Bay National Monument, and submit to Congress recommendations for acquisition of valid claims.
16 U.S.C. § 1907 (CONSERVATION)
§ 1907. Recordation of mining claims; publication of notice
All mining claims under the Mining Law of 1872, as amended and supplemented (30 U.S.C. chapters 2, 12A, and 16 and sections 161 and 162) which lie within the boundaries of units of the National Park System shall be recorded with the Secretary of the Interior within one year after September 28, 1976. Any mining claim not so recorded shall be conclusively presumed to be abandoned and shall be void. Such recordation will not render valid any claim which was not valid on September 28, 1976, or which becomes invalid thereafter. Within thirty days following September 28, 1976, the Secretary shall publish notice of the requirement for such recordation in the Federal Register. He shall also publish similar notices in newspapers of general circulation in the areas adjacent to those units of the National Park System listed in section 3 of this Act.
(Pub. L. 94–429, § 8, Sept. 28, 1976, 90 Stat. 1343.)
heading: References in Text
text: Section 3 of this Act, referred to in text, is section 3 of Pub. L. 94–429, which amended sections 123 and 450y–2 of this title; repealed sections 350, 350a, 447, and 450z of this title; and repealed act June 22, 1936 (49 Stat. 1817) which was not classified to the Code. The units of the National Park System listed in such section 3 are: Crater Lake National Park, Mount McKinley National Park, Death Valley National Monument, Glacier Bay National Monument, Coronado National Memorial, and Organ Pipe Cactus National Monument.