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16 U.S.C. § 3377 — Exceptions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Activities regulated by plan under Magnuson-Stevens Fishery Conservation and Management Act** The provisions of paragraph (1) of [section 3372(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372/a&num=0&edition=prelim) shall not apply to any activity regulated by a fishery management plan in effect under the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.).
**(b) Activities regulated by Tuna Convention Acts; harvesting of highly migratory species taken on high seas** The provisions of paragraphs (1), (2)(A), and (3)(A) of [section 3372(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372/a&num=0&edition=prelim) shall not apply to—
(1) any activity regulated by the Tuna Conventions Act of 1950 ([16 U.S.C. 951–961](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section951–961&num=0&edition=prelim)) or the Atlantic Tunas Convention Act of 1975 ([16 U.S.C. 971–971(h)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971–971/h&num=0&edition=prelim) 11 So in original. Probably was meant to be “971–971h”.); or
(2) any activity involving the harvesting of highly migratory species (as defined in paragraph (14) of section 3 22 See References in Text note below. of the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1802(14)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802/14&num=0&edition=prelim)]) taken on the high seas (as defined in paragraph (13) of such section 3) if such species are taken in violation of the laws of a foreign nation and
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Source location: Title 16, Chapter 53, § 3377; chapter-053-control-of-illegally-taken-fish-and-wildlife.md
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**(a) Activities regulated by plan under Magnuson-Stevens Fishery Conservation and Management Act** The provisions of paragraph (1) of [section 3372(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372/a&num=0&edition=prelim) shall not apply to any activity regulated by a fishery management plan in effect under the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.).
**(b) Activities regulated by Tuna Convention Acts; harvesting of highly migratory species taken on high seas** The provisions of paragraphs (1), (2)(A), and (3)(A) of [section 3372(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372/a&num=0&edition=prelim) shall not apply to—
(1) any activity regulated by the Tuna Conventions Act of 1950 ([16 U.S.C. 951–961](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section951–961&num=0&edition=prelim)) or the Atlantic Tunas Convention Act of 1975 ([16 U.S.C. 971–971(h)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971–971/h&num=0&edition=prelim) 11 So in original. Probably was meant to be “971–971h”.); or
(2) any activity involving the harvesting of highly migratory species (as defined in paragraph (14) of section 3 22 See References in Text note below. of the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1802(14)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802/14&num=0&edition=prelim)]) taken on the high seas (as defined in paragraph (13) of such section 3) if such species are taken in violation of the laws of a foreign nation and the United States does not recognize the jurisdiction of the foreign nation over such species.
**(c) Interstate shipment or transshipment through Indian country of fish, wildlife, or plants for legal purposes** The provisions of paragraph (2) of [section 3372(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372/a&num=0&edition=prelim) shall not apply to the interstate shipment or transshipment through Indian country as defined in [section 1151 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim) or a State of any fish or wildlife or plant legally taken if the shipment is en route to a State in which the fish or wildlife or plant may be legally possessed.
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in sections 1154 and 1156 of this title, the term “Indian country”, as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities.
(2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels.
(3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen.
(4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effectiv
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Antigua Convention** — The term “Antigua Convention” means the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention Between the United States of America and the Republic of Costa Rica, signed at Washington, November 14, 2003.
(2) **Commission** — The term “Commission” means the Inter-American Tropical Tuna Commission provided for by the Convention.
(3) **Convention** — The term “Convention” means—
(A) the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington, May 31, 1949, by the United States of America and the Republic of Costa Rica;
(B) the Antigua Convention, upon its entry into force for the United States, and any amendments thereto that are in force for the United States; or
(C) both such Conventions, as the context requires.
(4) **Person** — The term “person” means an individual, partnership, corporation, or association subject to the jurisdiction of the United States.
(5) **United States** — The term “United States” includes all areas under the sovereignty of the United States.
(6) **United States Commissioners** — The term “United States commissioners” 11 So in original. Probably should be capitalized. means the individuals appointed in accordance with [section 952(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section952/a&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
(1) The term “Convention” means the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966, including any amendments or protocols which are or become effective for the United States.
(2) The term “Commission” means the International Commission for the Conservation of Atlantic Tunas provided for in article III of the Convention.
(3) The term “conservation recommendation” means any recommendation of the Commission made pursuant to Article VIII of the Convention and acted upon favorably by the Secretary of State under [section 971c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971c/a&num=0&edition=prelim).
(4) The term “Council” means the Council established within the International Commission for the Conservation of Atlantic Tunas pursuant to article V of the Convention.
(5) The term “exclusive economic zone” means an exclusive economic zone as defined in [section 1802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802&num=0&edition=prelim).
(6) The term “fishing” means the catching, taking, or fishing for or the attempted catching, taking, or fishing for any species of fish covered by the Convention, or any activities in support thereof.
(7) The term “fishing vessel” means any vessel engaged in catching fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities.
(8) The term “Panel” means any panel established by the Commission pursuant to article VI of the Convention.
(9) The term “person” means every individual, partnership, corporation, and association subject to the jurisdiction of the United States.
(10) The term “Secretary” means the S
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Federal law — U.S. Code and appendices · legal_authorities
Page 1991
TITLE 16—CONSERVATION
§ 1801
Sec.
1826k.
Equivalent conservation measures.
1827.
Observer program regarding certain foreign
fishing.
1827a.
Prohibition on sale of billfish.
1828.
Foreign fishing incursions.
1829.
International monitoring and compliance.
SUBCHAPTER IV—NATIONAL FISHERY
MANAGEMENT PROGRAM
1851.
National standards for fishery conservation
and management.
1852.
Regional Fishery Management Councils.
1853.
Contents of fishery management plans.
1853a.
Limited access privilege programs.
1854.
Action by Secretary.
1855.
Other requirements and authority.
1856.
State jurisdiction.
1857.
Prohibited acts.
1858.
Civil penalties and permit sanctions.
1859.
Criminal offenses.
1860.
Civil forfeitures.
1861.
Enforcement.
1861a.
Transition to sustainable fisheries.
1861b.
Fisheries enforcement plans and reporting.
1862.
North Pacific fisheries conservation.
1863.
Northwest Atlantic Ocean Fisheries Reinvest-
ment Program.
1864.
Repealed.
1865.
Bycatch reduction engineering program.
1866.
Shark feeding.
1867.
Cooperative research and management pro-
gram.
1868.
Herring study.
1869.
Restoration study.
SUBCHAPTER V—FISHERY MONITORING AND
RESEARCH
1881.
Registration and information management.
1881a.
Information collection.
1881b.
Observers.
1881c.
Fisheries research.
1881d.
Incidental harvest research.
1882.
Fisheries systems research.
1883.
Gulf of Mexico red snapper research.
1884.
Deep sea coral research and technology pro-
gram.
1885.
Seafood import monitoring program.
1885a.
Report on Seafood Import Monitoring Pro-
gram.
SUBCHAPTER VI—MISCELLANEOUS
1891.
Investment in United States seafood proc-
essing facilities.
1891a.
Community-based restoration program for
fishery and coast
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, unless the context otherwise requires—
(1) The term “anadromous species” means species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters.
(2) The term “bycatch” means fish which are harvested in a fishery, but which are not sold or kept for personal use, and includes economic discards and regulatory discards. Such term does not include fish released alive under a recreational catch and release fishery management program.
(3) The term “charter fishing” means fishing from a vessel carrying a passenger for hire (as defined in [section 2101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101&num=0&edition=prelim)) who is engaged in recreational fishing.
(4) The term “commercial fishing” means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter or trade.
(5) The term “conservation and management” refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery resource and the marine environment; and (B) which are designed to assure that—
(i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis;
(ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and
(iii) there will be a multiplicity of options available with respect to future uses of these resources.
(6) The term “Continental Shelf” means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territor
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Federal law — U.S. Code and appendices · legal_authorities
Page 1999
TITLE 16—CONSERVATION
§ 1802
(b) In addition to the Co-Chairs, the Seafood Trade
Task Force shall include the following members, or
their designees:
(i) the Secretary of State;
(ii) the Secretary of the Interior;
(iii) the Secretary of Agriculture;
(iv) the Secretary of Homeland Security;
(v) the Director of the Office of Management and
Budget;
(vi) the Assistant to the President for Economic Pol-
icy;
(vii) the Assistant to the President for Domestic Pol-
icy;
(viii) the Chairman of the Council of Economic Advis-
ers;
(ix) the Under Secretary of Commerce for Inter-
national Trade;
(x) the Commissioner of Food and Drugs;
(xi) the Administrator of NOAA; and
(xii) the heads of such other agencies and offices as
the Co-Chairs may designate.
(c) Within 90 days of the date of this order, the Sea-
food Trade Task Force shall provide recommendations
to the Office of the United States Trade Representative
in the preparation of a comprehensive interagency sea-
food trade strategy that identifies opportunities to im-
prove access to foreign markets through trade policy
and negotiations, resolves technical barriers to United
States seafood exports, and otherwise supports fair
market access for United States seafood products.
(d) Within 90 days of the date on which the Seafood
Trade Task Force provides the recommendations de-
scribed in subsection (c) of this section, the Office of
the United States Trade Representative, in consulta-
tion with the Trade Policy Staff Committee and the
Seafood Trade Task Force, shall submit to the Presi-
dent, through the Assistant to the President for Eco-
nomic Policy and the Assistant to the President for Do-
mestic Policy, the comprehensive interagency seafood
trade strategy described in subsection (c) of this
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Federal law — U.S. Code and appendices · legal_authorities
Page 2294
TITLE 16—CONSERVATION
§ 3376
1 So in original. Probably was meant to be ‘‘971–971h’’.
2 See References in Text note below.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘United States magistrate judges’’ substituted for
‘‘United States magistrates’’ in subsec. (c) pursuant to
section 321 of Pub. L. 101–650, set out as a note under
section 631 of Title 28, Judiciary and Judicial Proce-
dure.
TRANSFER OF FUNCTIONS
For transfer of functions of the Secretary of Agri-
culture relating to agricultural import and entry in-
spection activities under this chapter to the Secretary
of Homeland Security, and for treatment of related ref-
erences, see sections 231, 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.
§ 3376. Administration
(a) Regulations
(1) The Secretary, after consultation with the
Secretary of the Treasury, is authorized to issue
such regulations, except as provided in para-
graph (2), as may be necessary to carry out the
provisions of sections 3372(f), 3373, and 3374 of
this title.
(2) The Secretaries of the Interior and Com-
merce shall jointly promulgate specific regula-
tions to implement the provisions of section
3372(b) of this title for the marking and labeling
of containers or packages containing fish or
wildlife. These regulations shall be in accord-
ance with existing commercial practices.
(3) The Secretary shall, in consultation with
other relevant Federal and State agencies, pro-
mulgate any regulations necessary to imple-
ment section 3372(e) of this title.
(b) Contract authority
Beginning in fiscal year 1983, to the extent and
in the amounts provided in adv
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Federal law — U.S. Code and appendices · legal_authorities
Page 1563
TITLE 16—CONSERVATION
§ 952
1 So in original. Probably should be capitalized.
(Pub. L. 102–440, title II, § 203, Oct. 23, 1992, 106
Stat. 2233.)
§ 943b. Definitions
In this chapter—
(1) ‘‘Secretary’’ means the Secretary of the
Interior, acting through the Director of the
United States Fish and Wildlife Service.
(2) ‘‘Great Lakes fish and wildlife’’ means
fauna, fish, and invertebrates dependent on
Great Lakes resources, and located within the
Great Lakes Basin.
(Pub. L. 102–440, title II, § 204, Oct. 23, 1992, 106
Stat. 2233.)
§ 943c. Authorization of appropriations
There is authorized to be appropriated to the
Secretary, $250,000 for each of fiscal years 1993
and 1994 to carry out this chapter.
(Pub. L. 102–440, title II, § 205, Oct. 23, 1992, 106
Stat. 2234.)
CHAPTER 16—TUNA CONVENTIONS
Sec.
951.
Definitions.
952.
Commissioners.
953.
General Advisory Committee and Scientific
Advisory Subcommittee.
954.
Repealed.
955.
Rulemaking.
956.
Inspection of returns, records, or other re-
ports.
957.
Violations; fines and forfeitures; application
of related laws.
958.
Cooperation with other agencies.
959.
Enforcement.
960.
Commissions’ functions not restrained by this
chapter or State laws.
961.
Authorization of appropriations.
962.
Reduction of bycatch in eastern tropical Pa-
cific Ocean.
§ 951. Definitions
In this chapter:
(1) Antigua Convention
The term ‘‘Antigua Convention’’ means the
Convention for the Strengthening of the Inter-
American Tropical Tuna Commission Estab-
lished by the 1949 Convention Between the
United States of America and the Republic of
Costa Rica, signed at Washington, November
14, 2003.
(2) Commission
The term ‘‘Commission’’ means the Inter-
American Tropical Tuna Commission provided
for
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Federal law — U.S. Code and appendices · legal_authorities
Page 1569
TITLE 16—CONSERVATION
§ 971
for yellowfin tuna in the eastern tropical Pacific
Ocean. The bycatch reduction program shall in-
clude measures—
(1) to require, to the maximum extent prac-
ticable, that sea turtles and other threatened
species and endangered species are released
alive;
(2) to reduce, to the maximum extent prac-
ticable, the harvest of nontarget species;
(3) to reduce, to the maximum extent prac-
ticable, the mortality of nontarget species;
and
(4) to reduce, to the maximum extent prac-
ticable, the mortality of juveniles of the tar-
get species.
(Sept. 7, 1950, ch. 907, § 15, as added Pub. L.
105–42, § 7(c), Aug. 15, 1997, 111 Stat. 1138; amend-
ed Pub. L. 114–81, title II, § 209, Nov. 5, 2015, 129
Stat. 664.)
Editorial Notes
CODIFICATION
Section 7(c) of Pub. L. 105–42, which directed the addi-
tion of this section at the end of the Tuna Conventions
Act, was executed by adding this section at the end of
the Tuna Conventions Act of 1950, to reflect the prob-
able intent of Congress.
AMENDMENTS
2015—Pub. L. 114–81 substituted ‘‘vessels’’ for ‘‘vessel’’
in introductory provisions.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective upon certification by Secretary of
Commerce that sufficient funding is available to com-
plete first year of study required by section 1414a(a) of
this title and that study has commenced, and certifi-
cation by Secretary of State to Congress that binding
resolution of Inter-American Tropical Tuna Commis-
sion or other legally binding instrument establishing
International Dolphin Conservation Program has been
adopted and is in force, see section 8 of Pub. L. 105–42,
set out as an Effective Date of 1997 Amendment note
under section 1362 of this title.
CHAPTER 16A—ATLANTIC TUNA
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