dreamproit/uscode huggingface dataset:
16 U.S.C. § 5108 (CONSERVATION)
§ 5108. Authorization of appropriations
(a) In general
To carry out this chapter, there are authorized to be appropriated $10,000,000 for each of fiscal years 2001 through 2005.
(b) Cooperative statistics program
Amounts authorized under subsection (a) of this section may be used by the Secretary to support the Commission’s cooperative statistics program.
(Pub. L. 103–206, title VIII, § 811, formerly § 809, Dec. 20, 1993, 107 Stat. 2453; renumbered § 811 and amended Pub. L. 104–297, title IV, § 404(c), (d), Oct. 11, 1996, 110 Stat. 3619, 3620; Pub. L. 106–555, title I, § 122(a), Dec. 21, 2000, 114 Stat. 2766.)
heading: Prior Provisions
text: Another section 811 of Pub. L. 103–206 amended section 4107 of this title, prior to repeal by Pub. L. 106–555, title I, § 122(b)(1)(B), Dec. 21, 2000, 114 Stat. 2766.
heading: Amendments
text: 2000—Pub. L. 106–555 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “To carry out the provisions of this chapter, there are authorized to be appropriated $3,000,000 for fiscal year 1994, $5,000,000 for fiscal year 1995, and $7,000,000 for fiscal year 1996, and $7,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000.”
1996—Pub. L. 104–297, § 404(d), which directed amendment of section 810 of Pub. L. 103–206 by substituting “1996, and $7,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000” for “1996”, was executed to this section to reflect the probable intent of Congress.
16 U.S.C. § 5155 (CONSERVATION)
§ 5155. Continuing studies of striped bass populations
(a) In general
For the purposes of carrying out this chapter, the Secretaries shall conduct continuing, comprehensive studies of Atlantic striped bass stocks. These studies shall include, but shall not be limited to, the following:
(1) Annual stock assessments, using fishery-dependent and fishery-independent data, for the purposes of extending the long-term population record generated by the annual striped bass study conducted by the Secretaries before 1994 and understanding the population dynamics of Atlantic striped bass.
(2) Investigations of the causes of fluctuations in Atlantic striped bass populations.
(3) Investigations of the effects of water quality, land use, and other environmental factors on the recruitment, spawning potential, mortality, and abundance of Atlantic striped bass populations, including the Delaware River population.
(4) Investigations of—
(A) the interactions between Atlantic striped bass and other fish, including bluefish, menhaden, mackerel, and other forage fish or possible competitors, stock assessments of these species, to the extent appropriate; and
(B) the effects of interspecies predation and competition on the recruitment, spawning potential mortality, and abundance of Atlantic striped bass.
(b) Socio-economic study
The Secretaries, in consultation with with 1 the Atlantic States Marine Fisheries Commission, shall conduct a study of the socio-economic benefits of the Atlantic striped bass resource. The Secretaries shall issue a report to the Congress concerning the findings of this study no later than September 30, 1998.
(c) Reports
The Secretaries shall make biennial reports to the Congress and to the Commission concerning the progress and findings of studies conducted under subsection (a) of this section and shall make those reports public. Such reports shall, to the extent appropriate, contain recommendations of actions which could be taken to encourage the sustainable management of Atlantic striped bass.
(Pub. L. 98–613, § 6, Oct. 31, 1984, 98 Stat. 3190; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2675.)
heading: Amendments
text: 1997—Pub. L. 105–146 amended section catchline and text generally, substituting provisions relating to continuing studies of striped bass populations for provisions relating to comprehensive annual surveys.
16 U.S.C. § 5156 (CONSERVATION)
§ 5156. Authorization of appropriations; cooperative agreements
(a) Authorization
For each of fiscal years 2007, 2008, 2009, 2010,1 2011, there are authorized to be appropriated to carry out this chapter—
(1) $1,000,000 to the Secretary of Commerce; and
(2) $250,000 to the Secretary of the Interior.
(b) Cooperative agreements
The Secretaries may enter into cooperative agreements with the Atlantic States Marine Fisheries Commission or with States, for the purpose of using amounts appropriated pursuant to this section to provide financial assistance for carrying out the purposes of this chapter.
(Pub. L. 98–613, § 7, Oct. 31, 1984, 98 Stat. 3190; Pub. L. 99–432, § 4, Oct. 1, 1986, 100 Stat. 990; Pub. L. 100–589, § 1, Nov. 3, 1988, 102 Stat. 2984; Pub. L. 102–130, § 2(b), Oct. 17, 1991, 105 Stat. 626; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2676; Pub. L. 106–555, title I, § 101, Dec. 21, 2000, 114 Stat. 2765; Pub. L. 109–479, title III, § 302(a), Jan. 12, 2007, 120 Stat. 3623.)
heading: Amendments
text: 2007—Subsec. (a). Pub. L. 109–479 amended subsec. (a) generally, substituting “For each of fiscal years 2007, 2008, 2009, 2010, 2011,” for “For each of fiscal years 2001, 2002, and 2003,” in introductory provisions.
2000—Subsec. (a). Pub. L. 106–555 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “For each of fiscal years 1998, 1999, and 2000, there are authorized to be appropriated to carry out this chapter—
“(1) $800,000 to the Secretary of Commerce; and
“(2) $250,000 to the Secretary of the Interior.”
1997—Pub. L. 105–146 amended section catchline and text generally. Prior to amendment, section authorized appropriations for fiscal years 1986 through 1994 and authorized the Secretaries to enter into cooperative agreements with the Atlantic States Marine Fisheries Commission.
1991—Pub. L. 102–130, § 2(b)(4), in section catchline inserted at end “; cooperative agreements”.
Pub. L. 102–130, § 2(b)(1)–(3), designated existing provisions as subsec. (a), inserted subsec. heading, substituted “1991, 1992, 1993, and 1994,” for “and 1991,”, and added subsec. (b).
1988—Pub. L. 100–589 substituted “1988, 1989, 1990, and 1991,” for “and 1988,”.
1986—Pub. L. 99–432 amended section catchline and text generally. Prior to amendment, text read as follows: “Funds for activities in fiscal year 1985 under this chapter shall be made available only from funds appropriated for the Department of Commerce and the Department of the Interior for fiscal year 1985. For fiscal year 1986, there are authorized such sums as may be necessary or appropriate to carry out the provisions of this chapter.”
16 U.S.C. § 5157 (CONSERVATION)
§ 5157. Public participation in preparation of management plans and amendments
(a) Standards and procedures
In order to ensure the opportunity for public participation in the preparation of management plans and amendments to management plans for Atlantic striped bass, the Commission shall prepare such plans and amendments in accordance with the standards and procedures established under section 5104(a)(2) of this title.
(b) Application
Subsection (a) of this section shall apply to management plans and amendments adopted by the Commission after the 6-month period beginning on December 16, 1997.
(Pub. L. 98–613, § 8, Oct. 31, 1984, 98 Stat. 3190; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2676.)
heading: Amendments
text: 1997—Pub. L. 105–146 amended section catchline and text generally, substituting provisions relating to public participation in preparation of management plans and amendments for provisions requiring the Secretaries to review the existing Plan and report to the Commission and Committees of Congress on its adequacy.
16 U.S.C. § 5158 (CONSERVATION)
§ 5158. Protection of striped bass in the exclusive economic zone
(a) Regulation of fishing in exclusive economic zone
The Secretary shall promulgate regulations governing fishing for Atlantic striped bass in the exclusive economic zone that the Secretary determines—
(1) are consistent with the national standards set forth in section 301 of the Magnuson Act (16 U.S.C. 1851);
(2) are compatible with the Plan and each Federal moratorium in effect on fishing for Atlantic striped bass within the coastal waters of a coastal State;
(3) ensure the effectiveness of State regulations on fishing for Atlantic striped bass within the coastal waters of a coastal State; and
(4) are sufficient to assure the long-term conservation of Atlantic striped bass populations.
(b) Consultation; periodic review of regulations
In preparing regulations under subsection (a) of this section, the Secretary shall consult with the Atlantic States Marine Fisheries Commission, the appropriate Regional Fishery Management Councils, and each affected Federal, State, and local government entity. The Secretary shall periodically review regulations promulgated under subsection (a) of this section, and if necessary to ensure their continued consistency with the requirements of subsection (a) of this section, shall amend those regulations.
(c) Applicability of Magnuson Act provisions
The provisions of sections 307, 308, 309, 310, and 311 of the Magnuson Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861) regarding prohibited acts, civil penalties, criminal offenses, civil forfeitures, and enforcement shall apply with respect to regulations and any plan issued under subsection (a) of this section as if such regulations or plan were issued under the Magnuson Act.
(Pub. L. 98–613, § 9, as added Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2676.)
heading: Prior Provisions
text: A prior section 9 of Pub. L. 98–613, Oct. 31, 1984, 98 Stat. 3190; Pub. L. 99–432, § 5, Oct. 1, 1986, 100 Stat. 990; Pub. L. 100–589, § 2, Nov. 3, 1988, 102 Stat. 2984; Pub. L. 102–130, § 2(c), Oct. 17, 1991, 105 Stat. 626, related to the period of effectiveness of sections 1 to 8 of Pub. L. 98–613, prior to repeal by Pub. L. 103–206, title VIII, § 812, formerly § 810, Dec. 20, 1993, 107 Stat. 2453, renumbered § 812, Pub. L. 104–297, title IV, § 404(c), Oct. 11, 1996, 110 Stat. 3619. Section 812 of Pub. L. 103–206 was itself repealed by Pub. L. 106–555, title I, § 122(b)(1)(B), (2), Dec. 21, 2000, 114 Stat. 2766.
16 U.S.C. § 5201 (CONSERVATION)
§ 5201. Obstruction of a lawful hunt
It is a violation of this section intentionally to engage in any physical conduct that significantly hinders a lawful hunt.
(Pub. L. 103–322, title XXXII, § 320802, Sept. 13, 1994, 108 Stat. 2121.)
heading: Short Title
text: Pub. L. 103–322, title XXXII, § 320801, Sept. 13, 1994, 108 Stat. 2121, provided that: “This subtitle [subtitle H (§§ 320801–320808) of title XXXII of Pub. L. 103–322, enacting this chapter] may be cited as the ‘Recreational Hunting Safety and Preservation Act of 1994’.”
16 U.S.C. § 5202 (CONSERVATION)
§ 5202. Civil penalties
(a) In general
A person who violates section 5201 of this title shall be assessed a civil penalty in an amount computed under subsection (b) of this section.
(b) Computation of penalty
The penalty shall be—
(1) not more than $10,000, if the violation involved the use of force or violence, or the threatened use of force or violence, against the person or property of another person; and
(2) not more than $5,000 for any other violation.
(c) Relationship to other penalties
The penalties established by this section shall be in addition to other criminal or civil penalties that may be levied against the person as a result of an activity in violation of section 5201 of this title.
(d) Procedure
Upon receipt of—
(1) a written complaint from an officer, employee, or agent of the Forest Service, Bureau of Land Management, National Park Service, United States Fish and Wildlife Service, or other Federal agency that a person violated section 5201 of this title; or
(2) a sworn affidavit from an individual and a determination by the Secretary that the statement contains sufficient factual allegations to create a reasonable belief that a violation of section 5201 of this title has occurred;
the Secretary may request the Attorney General of the United States to institute a civil action for the imposition and collection of the civil penalty under this section.
(e) Use of penalty money collected
After deduction of costs attributable to collection, money collected from penalties shall be—
(1) deposited into the trust fund established pursuant to the Act entitled “An Act to provide that the United States shall aid the States in wildlife-restoration projects, and for other purposes”, approved September 2, 1937 (16 U.S.C. 669) (commonly known as the “Pitman-Robertson Wildlife Restoration Act”), to support the activities authorized by such Act and undertaken by State wildlife management agencies; or
(2) used in such other manner as the Secretary determines will enhance the funding and implementation of—
(A) the North American Waterfowl Management Plan signed by the Secretary of the Interior and the Minister of Environment for Canada in May 1986; or
(B) a similar program that the Secretary determines will enhance wildlife management—
(i) on Federal lands; or
(ii) on private or State-owned lands when the efforts will also provide a benefit to wildlife management objectives on Federal lands.
(Pub. L. 103–322, title XXXII, § 320803, Sept. 13, 1994, 108 Stat. 2121.)
heading: References in Text
text: The Pitman-Robertson Wildlife Restoration Act, referred to in subsec. (e)(1), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, as amended, also known as the Federal Aid in Wildlife Restoration Act, which is classified generally to chapter 5B (§ 669 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 669 of this title and Tables.
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 1c(a) of this title).
(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.)
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: 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: 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: 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. § 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 Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) 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.)
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.
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.
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 2007 through 2012 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.)
heading: Amendments
text: 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. Findings
The Congress finds and declares the following:
(1) The United States is a nation with a rich maritime history, and it is desirable to foster in the American public a greater awareness and appreciation of the role of maritime endeavors in our Nation’s history and culture.
(2) The maritime historical and cultural foundations of the Nation should be preserved as a part of our community life and development.
(3) National, State, and local groups have been working independently to preserve the maritime heritage of the United States.
(4) Historic resources significant to the Nation’s maritime heritage are being lost or substantially altered, often inadvertently, with increasing frequency.
(5) The preservation of this irreplaceable maritime heritage is in the public interest so that its vital legacy of cultural, educational, aesthetic, inspirational, and economic benefits will be maintained and enriched for future generations of Americans.
(6) The current governmental and nongovernmental historic preservation programs and activities are inadequate to ensure future generations a genuine opportunity to appreciate and enjoy the rich maritime heritage of our Nation.
(7) A coordinated national program is needed immediately to redress the adverse consequences of a period of indifference during which the maritime heritage of the United States has become endangered and to ensure the future preservation of the Nation’s maritime heritage.
(8) A national maritime heritage policy would greatly increase public awareness of, and participation in, the preservation of the Nation’s maritime heritage.
(Pub. L. 103–451, § 2, Nov. 2, 1994, 108 Stat. 4769.)
heading: Short Title
text: Pub. L. 103–451, § 1, Nov. 2, 1994, 108 Stat. 4769, provided that: “This Act [enacting this chapter] may be cited as the ‘National Maritime Heritage Act of 1994’.”