dreamproit/uscode huggingface dataset:
16 U.S.C. § 1412 (CONSERVATION)
§ 1412. International Dolphin Conservation Program
The Secretary of State, in consultation with the Secretary, shall seek to secure a binding international agreement to establish an International Dolphin Conservation Program that requires—
(1) that the total annual dolphin mortality in the purse seine fishery for yellowfin tuna in the eastern tropical Pacific Ocean shall not exceed 5,000 animals with a commitment and objective to progressively reduce dolphin mortality to a level approaching zero through the setting of annual limits;
(2) the establishment of a per-stock per-year dolphin mortality limit, to be in effect through calendar year 2000, at a level between 0.2 percent and 0.1 percent of the minimum population estimate, as calculated, revised, or approved by the Secretary;
(3) the establishment of a per-stock per-year dolphin mortality limit, beginning with the calendar year 2001, at a level less than or equal to 0.1 percent of the minimum population estimate as calculated, revised, or approved by the Secretary;
(4) that if a dolphin mortality limit is exceeded under—
(A) paragraph (1), all sets on dolphins shall cease for the applicable fishing year; and
(B) paragraph (2) or (3), all sets on the stocks covered under paragraph (2) or (3) and any mixed schools that contain any of those stocks shall cease for the applicable fishing year;
(5) a scientific review and assessment to be conducted in calendar year 1998 to—
(A) assess progress in meeting the objectives set for calendar year 2000 under paragraph (2); and
(B) as appropriate, consider recommendations for meeting these objectives;
(6) a scientific review and assessment to be conducted in calendar year 2000—
(A) to review the stocks covered under paragraph (3); and
(B) as appropriate to consider recommendations to further the objectives set under that paragraph;
(7) the establishment of a per vessel maximum annual dolphin mortality limit consistent with the established per-year mortality limits, as determined under paragraphs (1) through (3); and
(8) the provision of a system of incentives to vessel captains to continue to reduce dolphin mortality, with the goal of eliminating dolphin mortality.
(Pub. L. 92–522, title III, § 302, as added Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1130.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1412, Pub. L. 92–522, title III, § 302, as added Pub. L. 102–523, § 2(a), Oct. 26, 1992, 106 Stat. 3426, related to international agreements to establish global moratorium to prohibit certain tuna harvesting practices prior to repeal by Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1130.
A prior section 302 of Pub. L. 92–522 was renumbered section 402 and is classified to section 1421a of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: For effective date of section, see section 8 of Pub. L. 105–42, set out as an Effective Date of 1997 Amendment note under section 1362 of this title.
16 U.S.C. § 1414 (CONSERVATION)
§ 1414. Repealed. Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1130
text: Section, Pub. L. 92–522, title III, § 304, as added Pub. L. 102–523, § 2(a), Oct. 26, 1992, 106 Stat. 3428, related to reviews, reports, and recommendations by Secretary of Commerce.
text: A prior section 304 of Pub. L. 92–522 was renumbered section 404 and is classified to section 1421c of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: For effective date of repeal, see section 8 of Pub. L. 105–42, set out as an Effective Date of 1997 Amendment note under section 1362 of this title.
16 U.S.C. § 1415 (CONSERVATION)
§ 1415. Reports by Secretary
Notwithstanding section 1373(f) of this title, the Secretary shall submit annual reports to the Congress which include—
(1) results of research conducted pursuant to section 1414a of this title;
(2) a description of the status and trends of stocks of tuna;
(3) a description of the efforts to assess, avoid, reduce, and minimize the bycatch of juvenile yellowfin tuna and bycatch of nontarget species;
(4) a description of the activities of the International Dolphin Conservation Program and of the efforts of the United States in support of the Program’s goals and objectives, including the protection of dolphin stocks in the eastern tropical Pacific Ocean, and an assessment of the effectiveness of the Program;
(5) actions taken by the Secretary under section 1371(a)(2)(B) of this title and section 1371(d) of this title;
(6) copies of any relevant resolutions and decisions of the Inter-American Tropical Tuna Commission, and any regulations promulgated by the Secretary under this subchapter; and
(7) any other information deemed relevant by the Secretary.
(Pub. L. 92–522, title III, § 305, as added Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1134.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1415, Pub. L. 92–522, title III, § 305, as added Pub. L. 102–523, § 2(a), Oct. 26, 1992, 106 Stat. 3428, related to international commitments, prior to repeal by Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1130.
A prior section 305 of Pub. L. 92–522 was renumbered section 405 and is classified to section 1421d of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: For effective date of section, see section 8 of Pub. L. 105–42, set out as an Effective Date of 1997 Amendment note under section 1362 of this title.
16 U.S.C. § 1418 (CONSERVATION)
§ 1418. Repealed. Pub. L. 105–42, § 6(e), Aug. 15, 1997, 111 Stat. 1137
text: Section, Pub. L. 92–522, title III, § 308, as added Pub. L. 102–523, § 2(a), Oct. 26, 1992, 106 Stat. 3432, related to authorization of appropriations.
text: Another section 308 of Pub. L. 92–522 was renumbered section 409, and is classified to section 1421g of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: For effective date of repeal, see section 8 of Pub. L. 105–42, set out as an Effective Date of 1997 Amendment note under section 1362 of this title.
16 U.S.C. § 1421b (CONSERVATION)
§ 1421b. Stranding or entanglement response agreements
(a) In general
The Secretary may enter into an agreement under section 1382(c) of this title with any person to take marine mammals under section 1379(h)(1) of this title in response to a stranding or entanglement.
(b) Required provision
An agreement authorized by subsection (a) shall—
(1) specify each person who is authorized to perform activities under the agreement;
(2) specify any terms and conditions under which a person so specified may delegate that authority to another person; and
(3) include a description of the data management and public outreach policy established under section 1421a(f) of this title.
(c) Review
The Secretary shall periodically review agreements under section 1382(c) of this title that are entered into pursuant to this subchapter, for performance adequacy and effectiveness.
(Pub. L. 92–522, title IV, § 403, formerly title III, § 303, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5061; renumbered title IV, § 403, Pub. L. 103–238, § 24(b), Apr. 30, 1994, 108 Stat. 565; amended Pub. L. 117–263, div. J, title CIV, § 10402(a), Dec. 23, 2022, 136 Stat. 3983.)
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–263, § 10402(a)(1), inserted “or entanglement” before “response” in section catchline.
Subsec. (a). Pub. L. 117–263, § 10402(a)(2), inserted “or entanglement” after “stranding”.
Subsec. (b)(3). Pub. L. 117–263, § 10402(a)(3), added par. (3).
16 U.S.C. § 1421d (CONSERVATION)
§ 1421d. Unusual mortality event activity funding
(a) Establishment of Fund
There is established in the Treasury an interest bearing fund to be known as the “Marine Mammal Unusual Mortality Event Fund”, which shall consist of amounts deposited into the Fund under subsection (c).
(b) Uses
Amounts in the Fund shall be available only for use by the Secretary, in consultation with the Secretary of the Interior, and dispersed among claimants based on budgets approved by the Secretary prior to expenditure—
(1) to make advance, partial, or progress payments under contracts or other funding mechanisms for property, supplies, salaries, services, and travel costs incurred in acting in accordance with the contingency plan issued under section 1421c(b) of this title or under the direction of an Onsite Coordinator for an unusual mortality event designated under section 1421c(a)(2)(B)(iii) of this title;
(2) for reimbursing any stranding network participant for costs incurred in the collection, preparation, analysis, and transportation of marine mammal tissues and samples collected with respect to an unusual mortality event for the Tissue Bank; and
(3) for the care and maintenance of a marine mammal seized under section 1374(c)(2)(D) of this title; and 1
(c) Deposits into Fund
There shall be deposited into the Fund—
(1) amounts appropriated to the Fund;
(2) other amounts appropriated to the Secretary for use with respect to unusual mortality events; and
(3) amounts received by the United States in the form of gifts, devises, and bequests under subsection (d).
(d) Acceptance of donations
For purposes of carrying out this subchapter and section 1374(c)(2)(D) of this title, the Secretary may accept, solicit, and use the services of volunteers, and may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests.
(Pub. L. 92–522, title IV, § 405, formerly title III, § 305, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5064; renumbered title IV, § 405, and amended Pub. L. 103–238, §§ 6, 16(b), 24(b), (c)(2), Apr. 30, 1994, 108 Stat. 542, 559, 565, 566; Pub. L. 117–263, div. J, title CIV, § 10403, Dec. 23, 2022, 136 Stat. 3983.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (b). Pub. L. 117–263 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to uses of amounts in the Marine Mammal Unusual Mortality Event Fund and payment of pending claims.
1994—Subsec. (a). Pub. L. 103–238, § 16(b), substituted “an interest bearing fund” for “a fund”.
Subsec. (b)(1)(A)(i). Pub. L. 103–238, § 24(c)(2), made technical amendment to reference to section 1421c(b) of this title to reflect renumbering of corresponding section of original act.
Subsec. (b)(1)(A)(iii). Pub. L. 103–238, § 6(1), added cl. (iii).
Subsec. (d). Pub. L. 103–238, § 6(2), inserted “and section 1374(c)(2)(D) of this title”.
16 U.S.C. § 1421e (CONSERVATION)
§ 1421e. Liability
(a) In general
A person who is authorized to respond to a stranding or entanglement pursuant to an agreement entered into under section 1382(c) of this title is deemed to be an employee of the Government for purposes of chapter 171 of title 28, with respect to actions of the person that are—
(1) in accordance with the agreement; and
(2) in the case of an unusual mortality event, in accordance with—
(A) the contingency plan issued under section 1421c(b) of this title;
(B) the instructions of an Onsite Coordinator designated under section 1421c(c) of this title; or
(C) the best professional judgment of an Onsite Coordinator, in the case of any matter that is not covered by the contingency plan.
(b) Limitation
Subsection (a) does not apply to actions of a person described in that subsection that are grossly negligent or that constitute willful misconduct.
(Pub. L. 92–522, title IV, § 406, formerly title III, § 306, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5064; renumbered title IV, § 406, and amended Pub. L. 103–238, § 24(b), (c)(3), (4), Apr. 30, 1994, 108 Stat. 565, 566; Pub. L. 117–263, div. J, title CIV, § 10404, Dec. 23, 2022, 136 Stat. 3984.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (a). Pub. L. 117–263, in introductory provisions, inserted “or entanglement” after “to a stranding” and substituted “Government” for “government”.
1994—Subsec. (a)(2)(A), (B). Pub. L. 103–238, § 24(c)(3), (4), made technical amendment to references to section 1421c of this title to reflect renumbering of corresponding section of original act.
16 U.S.C. § 1421g (CONSERVATION)
§ 1421g. Authorization of appropriations
There is authorized to be appropriated—
(1) to the Secretary for carrying out this subchapter (other than sections 1421d and 1421f of this title) $250,000 for each of fiscal years 2023 through 2028;
(2) to the Secretary for carrying out section 1421f of this title, $250,000 for each of fiscal years 2023 through 2028; and
(3) to the Fund, $500,000 for for 1 each of fiscal years 2023 through 2028.
(Pub. L. 92–522, title IV, § 409, formerly title III, § 308, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5066; renumbered title IV, § 408, and amended Pub. L. 103–238, § 24(b), (c)(5), (6), Apr. 30, 1994, 108 Stat. 565, 566; renumbered § 409, Pub. L. 106–555, title II, § 202(a)(1), Dec. 21, 2000, 114 Stat. 2767; Pub. L. 117–263, div. J, title CIV, § 10409, Dec. 23, 2022, 136 Stat. 3992.)
heading: Editorial Notes
heading: Amendments
text: 2022—Par. (1). Pub. L. 117–263, § 10409(1), substituted “2023 through 2028;” for “1993 and 1994;”.
Par. (2). Pub. L. 117–263, § 10409(2), substituted “2023 through 2028;” for “1993 and 1994;”.
Par. (3). Pub. L. 117–263, § 10409(3), substituted “for each of fiscal years 2023 through 2028.” for “fiscal year 1993.”
1994—Par. (1). Pub. L. 103–238, § 24(c)(5), made technical amendment to references to sections 1421d and 1421f of this title to reflect renumbering of corresponding sections of original act.
Par. (2). Pub. L. 103–238, § 24(c)(6), made technical amendment to reference to section 1421f of this title to reflect renumbering of corresponding section of original act.
16 U.S.C. § 1423 (CONSERVATION)
§ 1423. Definitions
In this subchapter:
(1) Agreement
The term “Agreement” means the Agreement Between the Government of the United States of America and the Government of the Russian Federation on the Conservation and Management of the Alaska-Chukotka Polar Bear Population, signed at Washington, D.C., on October 16, 2000.
(2) Alaska Nanuuq Commission
The term “Alaska Nanuuq Commission” means the Alaska Native entity, in existence on January 12, 2007, that represents all villages in the State of Alaska that engage in the annual subsistence taking of polar bears from the Alaska-Chukotka population and any successor entity.
(3) Import
The term “import” means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, without regard to whether the landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.
(4) Polar bear part or product
The term “part or product of a polar bear” means any polar bear part or product, including the gall bile and gall bladder.
(5) Secretary
The term “Secretary” means the Secretary of the Interior.
(6) Taking
The term “taking” has the meaning given the term in the Agreement.
(7) Commission
The term “Commission” means the commission established under article 8 of the Agreement.
(Pub. L. 92–522, title V, § 501, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3660.)
16 U.S.C. § 1423a (CONSERVATION)
§ 1423a. Prohibitions
(a) In general
It is unlawful for any person who is subject to the jurisdiction of the United States or any person in waters or on lands under the jurisdiction of the United States—
(1) to take any polar bear in violation of the Agreement;
(2) to take any polar bear in violation of the Agreement or any annual taking limit or other restriction on the taking of polar bears that is adopted by the Commission pursuant to the Agreement;
(3) to import, export, possess, transport, sell, receive, acquire, or purchase, exchange, barter, or offer to sell, purchase, exchange, or barter any polar bear, or any part or product of a polar bear, that is taken in violation of paragraph (2);
(4) to import, export, sell, purchase, exchange, barter, or offer to sell, purchase, exchange, or barter, any polar bear gall bile or polar bear gall bladder;
(5) to attempt to commit, solicit another person to commit, or cause to be committed, any offense under this subsection; or
(6) to violate any regulation promulgated by the Secretary to implement any of the prohibitions established in this subsection.
(b) Exceptions
For the purpose of forensic testing or any other law enforcement purpose, the Secretary, and Federal law enforcement officials, and any State or local law enforcement official authorized by the Secretary, may import a polar bear or any part or product of a polar bear.
(Pub. L. 92–522, title V, § 502, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3661.)
16 U.S.C. § 1423b (CONSERVATION)
§ 1423b. Administration
(a) In general
The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall do all things necessary and appropriate, including the promulgation of regulations, to implement, enforce, and administer the provisions of the Agreement on behalf of the United States. The Secretary shall consult with the Secretary of State and the Alaska Nanuuq Commission on matters involving the implementation of the Agreement.
(b) Utilization of other government resources and authorities
(1) Other government resources
The Secretary may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency, any State agency, or the Alaska Nanuuq Commission for purposes of carrying out this subchapter or the Agreement.
(2) Other powers and authorities
Any person authorized by the Secretary under this subsection to enforce this subchapter or the Agreement shall have the authorities that are enumerated in section 3375(b) of this title.
(c) Ensuring compliance
(1) Subchapter II authorities
The Secretary may use authorities granted under subchapter II for enforcement, imposition of penalties, and the seizure of cargo for violations under this subchapter, provided that any polar bear or any part or product of a polar bear taken, imported, exported, possessed, transported, sold, received, acquired, purchased, exchanged, or bartered, or offered for sale, purchase, exchange, or barter in violation of this subchapter, shall be subject to seizure and forfeiture to the United States without any showing that may be required for assessment of a civil penalty or for criminal prosecution under this chapter.
(2) Additional authorities
Any gun, trap, net, or other equipment used, and any vessel, aircraft, or other means of transportation used, to aid in the violation or attempted violation of this subchapter shall be subject to seizure and forfeiture under section 1376 of this title.
(d) Regulations
(1) In general
The Secretary shall promulgate such regulations as are necessary to carry out this subchapter and the Agreement.
(2) Ordinances and regulations
If necessary to carry out this subchapter and the Agreement, and to improve compliance with any annual taking limit or other restriction on taking adopted by the Commission and implemented by the Secretary in accordance with this subchapter, the Secretary may promulgate regulations that adopt any ordinance or regulation that restricts the taking of polar bears for subsistence purposes if the ordinance or regulation has been promulgated by the Alaska Nanuuq Commission.
(Pub. L. 92–522, title V, § 503, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3662.)
16 U.S.C. § 1423c (CONSERVATION)
§ 1423c. Cooperative management agreement; authority to delegate enforcement authority
(a) In general
The Secretary, acting through the Director of the United States Fish and Wildlife Service, may share authority under this subchapter for the management of the taking of polar bears for subsistence purposes with the Alaska Nanuuq Commission if such commission is eligible under subsection (b).
(b) Delegation
To be eligible for the management authority described in subsection (a), the Alaska Nanuuq Commission shall—
(1) enter into a cooperative agreement with the Secretary under section 1388 of this title for the conservation of polar bears;
(2) meaningfully monitor compliance with this subchapter and the Agreement by Alaska Natives; and
(3) administer its co-management program for polar bears in accordance with—
(A) this subchapter; and
(B) the Agreement.
(Pub. L. 92–522, title V, § 504, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3662.)
16 U.S.C. § 1423d (CONSERVATION)
§ 1423d. Commission appointments; compensation, travel expenses, and claims
(a) Appointment of United States commissioners
(1) Appointment
The United States commissioners on the Commission shall be appointed by the President, in accordance with paragraph 2 of article 8 of the Agreement, after taking into consideration the recommendations of—
(A) the Secretary;
(B) the Secretary of State; and
(C) the Alaska Nanuuq Commission.
(2) Qualifications
With respect to the United States commissioners appointed under this subsection, in accordance with paragraph 2 of article 8 of the Agreement—
(A) 1 United States commissioner shall be an official of the Federal Government;
(B) 1 United States commissioner shall be a representative of the Native people of Alaska, and, in particular, the Native people for whom polar bears are an integral part of their culture; and
(C) both commissioners shall be knowledgeable of, or have expertise in, polar bears.
(3) Service and term
Each United States commissioner shall serve—
(A) at the pleasure of the President; and
(B) for an initial 4-year term and such additional terms as the President shall determine.
(4) Vacancies
(A) In general
Any individual appointed to fill a vacancy occurring before the expiration of any term of office of a United States commissioner shall be appointed for the remainder of that term.
(B) Manner
Any vacancy on the Commission shall be filled in the same manner as the original appointment.
(b) Alternate commissioners
(1) In general
The Secretary, in consultation with the Secretary of State and the Alaska Nanuuq Commission, shall designate an alternate commissioner for each member of the United States section.
(2) Duties
In the absence of a United States commissioner, an alternate commissioner may exercise all functions of the United States commissioner at any meetings of the Commission or of the United States section.
(3) Reappointment
An alternate commissioner—
(A) shall be eligible for reappointment by the President; and
(B) may attend all meetings of the United States section.
(c) Duties
The members of the United States section may carry out the functions and responsibilities described in article 8 of the Agreement in accordance with this subchapter and the Agreement.
(d) Compensation and expenses
(1) Compensation
A member of the United States section shall serve without compensation.
(2) Travel expenses
A member of the United States section shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5 while away from the home or regular place of business of the member in the performance of the duties of the United States-Russia Polar Bear Commission.
(e) Agency designation
The United States section shall, for the purpose of title 28 relating to claims against the United States and tort claims procedure, be considered to be a Federal agency.
(Pub. L. 92–522, title V, § 505, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3663.)
16 U.S.C. § 1423e (CONSERVATION)
§ 1423e. Votes taken by the United States section on matters before the Commission
In accordance with paragraph 3 of article 8 of the Agreement, the United States section, made up of commissioners appointed by the President, shall vote on any issue before the United States-Russia Polar Bear Commission only if there is no disagreement between the United States commissioners regarding the vote.
(Pub. L. 92–522, title V, § 506, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3664.)