dreamproit/uscode huggingface dataset:
16 U.S.C. § 7611 (CONSERVATION)
§ 7611. Purposes
The purposes of this chapter are—
(1) to support a collaborative, interagency approach to address wildlife trafficking;
(2) to protect and conserve the remaining populations of wild elephants, rhinoceroses, and other species threatened by poaching and the illegal wildlife trade;
(3) to disrupt regional and global transnational organized criminal networks and to prevent the illegal wildlife trade from being used as a source of financing for criminal groups that undermine United States and global security interests;
(4) to prevent wildlife poaching and trafficking from being a means to make a living in focus countries;
(5) to support the efforts of, and collaborate with, individuals, communities, local organizations, and foreign governments to combat poaching and wildlife trafficking;
(6) to assist focus countries in implementation of national wildlife anti-trafficking and poaching laws; and
(7) to ensure that United States assistance to prevent and suppress illicit wildlife trafficking is carefully planned and coordinated, and that it is systematically and rationally prioritized on the basis of detailed analysis of the nature and severity of threats to wildlife and the willingness and ability of foreign partners to cooperate effectively toward these ends.
(Pub. L. 114–231, title I, § 101, Oct. 7, 2016, 130 Stat. 951.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–231, Oct. 7, 2016, 130 Stat. 949, known as the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note under section 7601 of this title and Tables.
16 U.S.C. § 7612 (CONSERVATION)
§ 7612. Statement of United States policy
It is the policy of the United States—
(1) to take immediate actions to stop the illegal global trade in wildlife and wildlife products and associated transnational organized crime;
(2) to provide technical and other forms of assistance to help focus countries halt the poaching of elephants, rhinoceroses, and other imperiled species and end the illegal trade in wildlife and wildlife products, including by providing training and assistance in—
(A) wildlife protection and management of wildlife populations;
(B) anti-poaching and effective management of protected areas including community managed and privately-owned lands;
(C) local engagement of security forces in anti-poaching responsibilities, where appropriate;
(D) wildlife trafficking investigative techniques, including forensic tools;
(E) transparency and corruption issues;
(F) management, tracking, and inventory of confiscated wildlife contraband;
(G) demand reduction strategies in countries that lack the means and resources to conduct them; and
(H) bilateral and multilateral agreements and cooperation;
(3) to employ appropriate assets and resources of the United States Government in a coordinated manner to curtail poaching and disrupt and dismantle illegal wildlife trade networks and the financing of those networks in a manner appropriate for each focus country;
(4) to build upon the National Strategy and Implementation Plan to further combat wildlife trafficking in a holistic manner and guide the response of the United States Government to ensure progress in the fight against wildlife trafficking; and
(5) to recognize the ties of wildlife trafficking to broader forms of transnational organized criminal activities, including trafficking, and where applicable, to focus on those crimes in a coordinated, cross-cutting manner.
(Pub. L. 114–231, title I, § 102, Oct. 7, 2016, 130 Stat. 951.)
16 U.S.C. § 7621 (CONSERVATION)
§ 7621. Report
(a) Report
Not later than one year after October 7, 2016, and biennially thereafter by June 1 of each year in which a report is required, the Secretary of State, in consultation with the Secretary of the Interior and the Secretary of Commerce, shall submit to Congress a report that lists each country determined by the Secretary of State to be a focus country within the meaning of this chapter.
(b) Special designation
In each report required under subsection (a), the Secretary of State, in consultation with the Secretary of the Interior and the Secretary of Commerce, shall also list each country determined by the Secretary of State to be a country of concern within the meaning of this chapter 1
(c) Procedure for removing countries from list
Concurrently with the first report required under this section and submitted after December 23, 2022, the Secretary of State, in consultation with the Secretary of the Interior and the Secretary of Commerce, shall publish in the Federal Register a procedure for removing from the list described in subsection (b) any country that no longer meets the definition of country of concern under section 7601(4) of this title.
(d) Sunset
This section shall cease to have force or effect on September 30, 2028.
(Pub. L. 114–231, title II, § 201, Oct. 7, 2016, 130 Stat. 952; Pub. L. 117–263, div. E, title LIX, § 5943(c)(1), Dec. 23, 2022, 136 Stat. 3470.)
heading: Termination of Section
text: For termination of section on Sept. 30, 2028, see subsec. (d) of this section.
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 114–231, Oct. 7, 2016, 130 Stat. 949, known as the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note under section 7601 of this title and Tables.
heading: Amendments
text: 2022—Subsec. (a). Pub. L. 117–263, § 5943(c)(1)(A), substituted “biennially thereafter by June 1 of each year in which a report is required” for “annually thereafter”.
Subsec. (b). Pub. L. 117–263, § 5943(c)(1)(B), substituted “shall also list each country determined by the Secretary of State to be a country of concern within the meaning of this chapter” for “shall identify each country of concern listed in the report the government of which has actively engaged in or knowingly profited from the trafficking of endangered or threatened species.”
Subsecs. (c), (d). Pub. L. 117–263, § 5943(c)(1)(C), added subsecs. (c) and (d) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “This section shall terminate on the date that is 5 years after October 7, 2016.”
16 U.S.C. § 7641 (CONSERVATION)
§ 7641. Anti-poaching programs
(a) Wildlife law enforcement professional training and coordination activities
The Secretary of State and the Administrator of the United States Agency for International Development, in collaboration with the heads of other relevant United States agencies and nongovernmental partners where appropriate, may provide assistance to focus countries to carry out the recommendations made in the strategic plan required by section 7631(a)(2) of this title, among other goals, to improve the effectiveness of wildlife law enforcement in regions and countries that have demonstrated capacity, willingness, and need for assistance.
(b) Sense of Congress regarding security assistance to counter wildlife trafficking and poaching in Africa
It is the sense of Congress that the United States should continue to provide defense articles (not including significant military equipment), defense services, and related training to appropriate security forces of countries of Africa for the purposes of countering wildlife trafficking and poaching.
(Pub. L. 114–231, title IV, § 401, Oct. 7, 2016, 130 Stat. 954.)
16 U.S.C. § 7642 (CONSERVATION)
§ 7642. Anti-trafficking programs
(a) Investigative capacity building
The Secretary of State and the Administrator of the United States Agency for International Development, in collaboration with the heads of other relevant United States agencies and communities, regions, and governments in focus countries, may design and implement programs in focus countries to carry out the recommendations made in the strategic plan required under section 7631(a)(2) of this title among other goals, with clear and measurable targets and indicators of success, to increase the capacity of wildlife law enforcement and customs and border security officers in focus countries.
(b) Transnational programs
The Secretary of State and the Administrator of the United States Agency for International Development, in collaboration with other relevant United States agencies, nongovernmental partners, and international bodies, and in collaboration with communities, regions, and governments in focus countries, may design and implement programs, including support for Wildlife Enforcement Networks, in focus countries to carry out the recommendations made in the strategic plan required under section 7631(a)(2) of this title, among other goals, to better understand and combat the transnational trade in illegal wildlife.
(Pub. L. 114–231, title IV, § 402, Oct. 7, 2016, 130 Stat. 954.)
16 U.S.C. § 7643 (CONSERVATION)
§ 7643. Engagement of United States diplomatic missions
As soon as practicable but not later than 2 years after October 7, 2016, each chief of mission to a focus country should begin to implement the recommendations contained in the strategic plan required under section 7631(a)(2) of this title, among other goals, for the country.
(Pub. L. 114–231, title IV, § 403, Oct. 7, 2016, 130 Stat. 955.)
16 U.S.C. § 7644 (CONSERVATION)
§ 7644. Community conservation
The Secretary of State, in collaboration with the United State Agency for International Development, heads of other relevant United States agencies, the private sector, nongovernmental organizations, and other development partners, may provide support in focus countries to carry out the recommendations made in the strategic plan required under section 7631(a)(2) of this title as such recommendations relate to the development, scaling, and replication of community wildlife conservancies and community conservation programs in focus countries to assist with rural stability and greater security for people and wildlife, empower and support communities to manage or benefit from their wildlife resources in a long-term biologically viable manner, and reduce the threat of poaching and trafficking, including through—
(1) promoting conservation-based enterprises and incentives, such as eco-tourism and stewardship-oriented agricultural production, that empower communities to manage wildlife, natural resources, and community ventures where appropriate, by ensuring they benefit from well-managed wildlife populations;
(2) helping create alternative livelihoods to poaching by mitigating wildlife trafficking, helping support rural stability, greater security for people and wildlife, responsible economic development, and economic incentives to conserve wildlife populations;
(3) engaging regional businesses and the private sector to develop goods and services to aid in anti-poaching and anti-trafficking measures;
(4) working with communities to develop secure and safe methods of sharing information with enforcement officials;
(5) providing technical assistance to support land use stewardship plans to improve the economic, environmental, and social outcomes in community-owned or -managed lands;
(6) supporting community anti-poaching efforts, including policing and informant networks;
(7) working with community and national governments to develop relevant policy and regulatory frameworks to enable and promote community conservation programs, including supporting law enforcement engagement with wildlife protection authorities to promote information-sharing; and
(8) working with national governments to ensure that communities have timely and effective support from national authorities to mitigate risks that communities may face when engaging in anti-poaching and anti-trafficking activities.
(Pub. L. 114–231, title IV, § 404, Oct. 7, 2016, 130 Stat. 955.)
16 U.S.C. § 7703 (CONSERVATION)
§ 7703. Authority and responsibility of the Secretary of State
The Secretary of State may—
(1) receive and transmit, on behalf of the United States, reports, requests, recommendations, proposals, decisions, and other communications of and to the Commission;
(2) in consultation with the Secretary, act upon, or refer to another appropriate authority, any communication received pursuant to paragraph (1);
(3) with the concurrence of the Secretary, and in accordance with the Convention, object to the decisions of the Commission; and
(4) request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies, foreign governments or agencies, or international intergovernmental organizations, in the conduct of scientific research and other programs under this chapter.
(Pub. L. 114–327, title I, § 103, Dec. 16, 2016, 130 Stat. 1979.)
16 U.S.C. § 7707 (CONSERVATION)
§ 7707. Cooperation in carrying out Convention
(a) Federal and State agencies; private institutions and organizations
The Secretary may cooperate with any Federal agency, any public or private institution or organization within the United States or abroad, and, through the Secretary of State, a duly authorized official of the government of any party to the North Pacific Fisheries Convention, in carrying out responsibilities under this chapter.
(b) Scientific and other programs; facilities and personnel
Each Federal agency may, upon the request of the Secretary, cooperate in the conduct of scientific and other programs and furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the North Pacific Fisheries Convention.
(c) Sanctioned fishing operations and biological experiments
Nothing in this chapter, or in the laws of any State, prevents the Secretary or the Commission from—
(1) conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation; or
(2) discharging any other duties prescribed by the North Pacific Fisheries Convention.
(d) State jurisdiction not affected
Nothing in this chapter shall be construed to diminish or to increase the jurisdiction of any State in the territorial sea of the United States.
(Pub. L. 114–327, title I, § 107, Dec. 16, 2016, 130 Stat. 1983.)
16 U.S.C. § 7708 (CONSERVATION)
§ 7708. Territorial participation
The Secretary of State shall ensure participation in the Commission and its subsidiary bodies by the Commonwealth of the Northern Mariana Islands, American Samoa, and Guam to the extent allowed under United States law.
(Pub. L. 114–327, title I, § 108, Dec. 16, 2016, 130 Stat. 1984.)
16 U.S.C. § 7709 (CONSERVATION)
§ 7709. Exclusive economic zone notification
Masters of commercial fishing vessels of countries fishing under the management authority of the North Pacific Fisheries Convention that do not carry vessel monitoring systems capable of communicating with United States enforcement authorities shall, prior to or as soon as reasonably possible after, entering and transiting the exclusive economic zone bounded by the Convention Area, ensure that all fishing gear on board the vessel is stowed below deck or otherwise removed from the place it is normally used for fishing activities and placed where it is not readily available for fishing activities.
(Pub. L. 114–327, title I, § 109, Dec. 16, 2016, 130 Stat. 1984.)
16 U.S.C. § 7710 (CONSERVATION)
§ 7710. Authorization of appropriations
There is authorized to be appropriated out of funds made available to the Secretary and the Secretary of State $300,000 for each of fiscal years 2017 through 2021 to carry out this chapter and to pay the United States contribution to the Commission under Article 12 of the North Pacific Fisheries Convention.
(Pub. L. 114–327, title I, § 110, Dec. 16, 2016, 130 Stat. 1984.)
16 U.S.C. § 7803 (CONSERVATION)
§ 7803. Authority and responsibility of the Secretary of State
The Secretary of State may—
(1) receive and transmit, on behalf of the United States, reports, requests, recommendations, proposals, decisions, and other communications of and to the Commission;
(2) in consultation with the Secretary, act upon, or refer to other appropriate authority, any communication pursuant to paragraph (1); and
(3) with the concurrence of the Secretary, and in accordance with the South Pacific Fishery Resources Convention, object to decisions of the Commission.
(Pub. L. 114–327, title II, § 203, Dec. 16, 2016, 130 Stat. 1989.)
16 U.S.C. § 7805 (CONSERVATION)
§ 7805. Enforcement
(a) Responsibility
This chapter, and any regulations or permits issued under this chapter, shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. Such Secretaries shall, and the head of any Federal or State agency that has entered into an agreement with either such Secretary under this section may (if the agreement so provides), authorize officers to enforce this chapter or any regulation promulgated under this chapter. Any officer so authorized may enforce this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though section 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861) were incorporated into and made a part of this chapter.
(b) Administration and enforcement
The Secretary and the Secretary of the department in which the Coast Guard is operating shall prevent any person from violating this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of this chapter. Any person that violates this chapter shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) in the same manner and by the same means as though sections 308 through 311 of that Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of this chapter.
(c) District court jurisdiction
(1) In general
The district courts of the United States shall have jurisdiction over any actions arising under this section.
(2) Hawaii and Pacific insular areas
Notwithstanding subsection (b), for the purpose of this section, for Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that—
(A) in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and
(B) in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands.
(3) Construction
Each violation shall be a separate offense and the offense is deemed to have been committed not only in the district where the violation first occurred, but also in any other district as authorized by law. Any offenses not committed in any district are subject to the venue provisions of section 3238 of title 18.
(Pub. L. 114–327, title II, § 205, Dec. 16, 2016, 130 Stat. 1990.)
heading: Editorial Notes
heading: References in Text
text: The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
16 U.S.C. § 7806 (CONSERVATION)
§ 7806. Prohibited acts.
It is unlawful for any person—
(1) to violate any provision of this chapter or of any regulation promulgated or permit issued under this chapter;
(2) to use any fishing vessel to engage in fishing without a valid permit or after the revocation, or during the period of suspension, of an applicable permit pursuant to this chapter;
(3) to refuse to permit any officer authorized to enforce this chapter to board a fishing vessel subject to such person’s control for the purposes of conducting any investigation or inspection in connection with the enforcement of this chapter;
(4) to assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection in connection with the enforcement of this chapter or any regulation promulgated or permit issued under this chapter;
(5) to resist a lawful arrest for any act prohibited by this chapter or any regulation promulgated or permit issued under this chapter;
(6) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fishery resources taken or retained in violation of this chapter or any regulation or permit referred to in paragraph (1) or (2);
(7) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this chapter;
(8) to submit to the Secretary false information, regarding any matter that the Secretary is considering in the course of carrying out this chapter;
(9) to assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel pursuant to the requirements of this chapter, or any data collector employed by the National Oceanic and Atmospheric Administration or under contract to any person to carry out responsibilities under this chapter;
(10) to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this chapter to be made, kept, or furnished;
(11) to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the United States;
(12) to import, in violation of any regulation promulgated under this chapter, any fishery resources in any form of those species subject to regulation pursuant to a decision of the Commission;
(13) to make or submit any false record, account, or label for, or any false identification of, any fishery resources that have been or are intended to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce; or
(14) to refuse to authorize and accept boarding by a duly authorized inspector pursuant to procedures adopted by the Commission for the boarding and inspection of fishing vessels in the Convention Area.
(Pub. L. 114–327, title II, § 206, Dec. 16, 2016, 130 Stat. 1991.)
16 U.S.C. § 7807 (CONSERVATION)
§ 7807. Cooperation in carrying out the Convention
(a) Federal and State agencies; private institutions and organizations
The Secretary may cooperate with agencies of the United States Government, any public or private institutions or organizations within the United States or abroad, and, through the Secretary of State, the duly authorized officials of the government of any party to the South Pacific Fishery Resources Convention, in carrying out responsibilities under this chapter.
(b) Scientific and other programs; facilities and personnel
All Federal agencies may, upon the request of the Secretary, cooperate in the conduct of scientific and other programs and to furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the South Pacific Fishery Resources Convention.
(c) Sanctioned fishing operations and biological experiments
Nothing in this chapter, or in the laws or regulations of any State, prevents the Secretary or the Commission from—
(1) conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation; or
(2) discharging any other duties prescribed by the South Pacific Fishery Resources Convention.
(d) State jurisdiction not affected
Nothing in this chapter shall be construed to diminish or to increase the jurisdiction of any State in the territorial sea of the United States.
(Pub. L. 114–327, title II, § 207, Dec. 16, 2016, 130 Stat. 1992.)