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: 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: 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: 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: 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: 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: 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. § 1421a (CONSERVATION)
§ 1421a. Determination; data collection and dissemination
(a) Determination for release
The Secretary shall, in consultation with the Secretary of the Interior, the Marine Mammal Commission, and individuals with knowledge and experience in marine science, marine mammal science, marine mammal veterinary and husbandry practices, and marine conservation, including stranding network participants, develop objective criteria, after an opportunity for public review and comment, to provide guidance for determining at what point a rehabilitated marine mammal is releasable to the wild.
(b) Collection
The Secretary shall, in consultation with the Secretary of the Interior, collect and update, periodically, existing information on—
(1) procedures and practices for—
(A) rescuing and rehabilitating stranded marine mammals, including criteria used by stranding network participants, on a species-by-species basis, for determining at what point a marine mammal undergoing rescue and rehabilitation is returnable to the wild; and
(B) collecting, preserving, labeling, and transporting marine mammal tissues for physical, chemical, and biological analyses;
(2) appropriate scientific literature on marine mammal health, disease, and rehabilitation;
(3) strandings, which the Secretary shall compile and analyze, by region, to monitor species, numbers, conditions, and causes of illnesses and deaths of stranded marine mammals; and
(4) other life history and reference level data, including marine mammal tissue analyses, that would allow comparison of the causes of illness and deaths in stranded marine mammals with physical, chemical, and biological environmental parameters.
(c) Availability
The Secretary shall make information collected under this section available to stranding network participants and other qualified scientists.
(Pub. L. 92–522, title IV, § 402, formerly title III, § 302, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5061; renumbered title IV, § 402, Pub. L. 103–238, § 24(b), Apr. 30, 1994, 108 Stat. 565.)
heading: Implementation
text: Pub. L. 102–587, title III, § 3003(b), Nov. 4, 1992, 106 Stat. 5066, provided that:
“The Secretary of Commerce shall—
“(1) in accordance with section 302(a) and (b) [now 402(a), (b)] of the Marine Mammal Protection Act of 1972 [16 U.S.C. 1421a(a), (b)], as amended by this Act, and not later than 24 months after the date of enactment of this Act [Nov. 4, 1992]—
“(A) develop and implement objective criteria to determine at what point a marine mammal undergoing rehabilitation is returnable to the wild; and
“(B) collect and make available information on marine mammal health and health trends; and
“(2) in accordance with section 304(b) [now 404(b)] of the Marine Mammal Protection Act of 1972 [16 U.S.C. 1421c(b)], as amended by this Act, issue a detailed contingency plan for responding to any unusual mortality event—
“(A) in proposed form by not later than 18 months after the date of enactment of this Act; and
“(B) in final form by not later than 24 months after the date of enactment of this Act.”
16 U.S.C. § 1421b (CONSERVATION)
§ 1421b. Stranding 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.
(b) Required provision
An agreement authorized by subsection (a) of this section shall—
(1) specify each person who is authorized to perform activities under the agreement; and
(2) specify any terms and conditions under which a person so specified may delegate that authority to another person.
(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.)
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) of this section.
(b) Uses
(1) In general
Amounts in the Fund—
(A) shall be available only for use by the Secretary, in consultation with the Secretary of the Interior—
(i) to compensate persons for special 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;
(ii) for reimbursing any stranding network participant for costs incurred in preparing and transporting tissues collected with respect to an unusual mortality event for the Tissue Bank; and
(iii) for care and maintenance of marine mammal seized under section 1374(c)(2)(D) of this title; and
(B) shall remain available until expended.
(2) Pending claims
If sufficient amounts are not available in the Fund to satisfy any authorized pending claim, such claim shall remain pending until such time as sufficient amounts are available. All authorized pending claims shall be satisfied in the order received.
(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) of this section.
(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.)
heading: Amendments
text: 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 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) of this section 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.)
heading: Amendments
text: 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 1993 and 1994;
(2) to the Secretary for carrying out section 1421f of this title, $250,000 for each of fiscal years 1993 and 1994; and
(3) to the Fund, $500,000 for fiscal year 1993.
(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.)
heading: Amendments
text: 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. § 1421h (CONSERVATION)
§ 1421h. Definitions
In this subchapter, the following definitions apply:
(1) The term “Fund” means the Marine Mammal Unusual Mortality Event Fund established by section 1421d(a) of this title.
(2) The term “Office” means the Office of Protected Resources, in the National Marine Fisheries Service.
(3) The term “stranding” means an event in the wild in which—
(A) a marine mammal is dead and is—
(i) on a beach or shore of the United States; or
(ii) in waters under the jurisdiction of the United States (including any navigable waters); or
(B) a marine mammal is alive and is—
(i) on a beach or shore of the United States and unable to return to the water;
(ii) on a beach or shore of the United States and, although able to return to the water, is in need of apparent medical attention; or
(iii) in the waters under the jurisdiction of the United States (including any navigable waters), but is unable to return to its natural habitat under its own power or without assistance.
(4) The term “stranding network participant” means a person who is authorized by an agreement under section 1382(c) of this title to take marine mammals as described in section 1379(h)(1) of this title in response to a stranding.
(5) The term “Tissue Bank” means the National Marine Tissue Bank provided for under section 1421f(a) of this title.
(6) The term “unusual mortality event” means a stranding that—
(A) is unexpected;
(B) involves a significant die-off of any marine mammal population; and
(C) demands immediate response.
(Pub. L. 92–522, title IV, § 410, formerly title III, § 309, as added Pub. L. 102–587, title III, § 3003(a), Nov. 4, 1992, 106 Stat. 5066; renumbered title IV, § 409, and amended Pub. L. 103–238, § 24(b), (c)(7), (8), Apr. 30, 1994, 108 Stat. 565, 566; renumbered § 410, Pub. L. 106–555, title II, § 202(a)(1), Dec. 21, 2000, 114 Stat. 2767.)
heading: Amendments
text: 1994—Par. (1). Pub. L. 103–238, § 24(c)(7), made technical amendment to reference to section 1421d(a) of this title to reflect renumbering of corresponding section of original act.
Par. (5). Pub. L. 103–238, § 24(c)(8), made technical amendment to reference to section 1421f(a) of this title to reflect renumbering of corresponding section of original act.
16 U.S.C. § 1423g (CONSERVATION)
§ 1423g. Application with other subchapters of chapter
(a) In general
The authority of the Secretary under this subchapter is in addition to, and shall not affect—
(1) the authority of the Secretary under other subchapters 1 of this chapter or the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) or the exemption for Alaskan natives under section 1371(b) of this title as applied to other marine mammal populations; or
(2) the authorities provided under subchapter III of this chapter.
(b) Certain provisions inapplicable
The provisions of subchapters II through V of this chapter do not apply with respect to the implementation or administration of this subchapter, except as specified in section 1423b of this title.
(Pub. L. 92–522, title V, § 508, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3664.)
heading: References in Text
text: Other subchapters of this chapter, referred to in subsec. (a)(1), was in the original a reference to “other titles of this Act” meaning Pub. L. 92–522. Subchapter I of this chapter consists of sections of Pub. L. 92–522 that are not part of a title of that Act.
The Lacey Act Amendments of 1981, referred to in subsec. (a)(1), is Pub. L. 97–79, Nov. 16, 1981, 95 Stat. 1073, which enacted chapter 53 (§ 3371 et seq.) of this title, amended section 1540 of this title and section 42 of Title 18, Crimes and Criminal Procedure, repealed sections 667e and 851 to 856 of this title and sections 43, 44, 3054, and 3112 of Title 18, and enacted provisions set out as notes under sections 1540 and 3371 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3371 of this title and Tables.
16 U.S.C. § 1435 (CONSERVATION)
§ 1435. Application of regulations; international negotiations and cooperation
(a) Regulations
This chapter and the regulations issued under section 1434 of this title shall be applied in accordance with generally recognized principles of international law, and in accordance with treaties, conventions, and other agreements to which the United States is a party. No regulation shall apply to or be enforced against a person who is not a citizen, national, or resident alien of the United States, unless in accordance with—
(1) generally recognized principles of international law;
(2) an agreement between the United States and the foreign state of which the person is a citizen; or
(3) an agreement between the United States and the flag state of a foreign vessel, if the person is a crewmember of the vessel.
(b) Negotiations
The Secretary of State, in consultation with the Secretary, shall take appropriate action to enter into negotiations with other governments to make necessary arrangements for the protection of any national marine sanctuary and to promote the purposes for which the sanctuary is established.
(c) International cooperation
The Secretary, in consultation with the Secretary of State and other appropriate Federal agencies, shall cooperate with other governments and international organizations in furtherance of the purposes and policies of this chapter and consistent with applicable regional and mutilateral 1 arrangements for the protection and management of special marine areas.
(Pub. L. 92–532, title III, § 305, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L. 102–587, title II, § 2105, Nov. 4, 1992, 106 Stat. 5043.)
heading: Amendments
text: 1992—Pub. L. 102–587, § 2105(b), substituted “; international negotiations and cooperation” for “and international negotiations” in section catchline.
Subsec. (a). Pub. L. 102–587, § 2105(a)(1), substituted “This chapter and the regulations” for “The regulations” and inserted “or be enforced against” after “apply to”.
Subsec. (c). Pub. L. 102–587, § 2105(a)(2), added subsec. (c).
heading: International Cooperation
text: For direction that the Secretary of State seek effective international action and cooperation through the development of appropriate international rules and regulations in support of the policy of this chapter and chapter 27 of Title 33, Navigation and Navigable Waters, see section 1419 of Title 33.
16 U.S.C. § 1436 (CONSERVATION)
§ 1436. Prohibited activities
It is unlawful for any person to—
(1) destroy, cause the loss of, or injure any sanctuary resource managed under law or regulations for that sanctuary;
(2) possess, sell, offer for sale, purchase, import, export, deliver, carry, transport, or ship by any means any sanctuary resource taken in violation of this section;
(3) interfere with the enforcement of this chapter by—
(A) refusing to permit any officer authorized to enforce this chapter to board a vessel, other than a vessel operated by the Department of Defense or United States Coast Guard, subject to such person’s control for the purposes of conducting any search or inspection in connection with the enforcement of this chapter;
(B) resisting, opposing, impeding, intimidating, harassing, bribing, interfering with, or forcibly assaulting any person authorized by the Secretary to implement this chapter or any such authorized officer in the conduct of any search or inspection performed under this chapter; or
(C) knowingly and willfully submitting false information to the Secretary or any officer authorized to enforce this chapter in connection with any search or inspection conducted under this chapter; or
(4) violate any provision of this chapter or any regulation or permit issued pursuant to this chapter.
(Pub. L. 92–532, title III, § 306, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L. 102–587, title II, § 2106, Nov. 4, 1992, 106 Stat. 5043; Pub. L. 106–513, § 7, Nov. 13, 2000, 114 Stat. 2386.)
heading: Amendments
text: 2000—Pub. L. 106–513, § 7(1), inserted “for any person” after “unlawful” in introductory provision.
Par. (2). Pub. L. 106–513, § 7(2), inserted “offer for sale, purchase, import, export,” after “sell,”.
Par. (3). Pub. L. 106–513, § 7(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “interfere with the enforcement of this chapter; or”.
1992—Pub. L. 102–587 amended section generally. Prior to amendment, section read as follows: “The Secretary shall conduct research and educational programs as are necessary and reasonable to carry out the purposes and policies of 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.