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16 U.S.C. § 1826k — Equivalent conservation measures

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1826k — Equivalent conservation measures

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Source location: Title 16, Chapter 38, § 1826k; chapter-038-fishery-conservation-and-management.md

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**(a) Identification** (1) **In general** — The Secretary shall identify and list in the report under [section 1826h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826h&num=0&edition=prelim)— (A) a nation if— (i) any fishing vessel of that nation is engaged, or has been engaged during the 3 years preceding the date of the determination, in fishing activities or practices on the high seas or within the exclusive economic zone of any nation, that have resulted in bycatch of a protected living marine resource; and (ii) the vessel’s flag state has not adopted, implemented, and enforced a regulatory program governing such fishing designed to end or reduce such bycatch that is comparable in effectiveness to the regulatory program of the United States, taking into account differing conditions; and (B) a nation if— (i) any fishing vessel of that nation is engaged, or has engaged during the 3 years preceding the date of the determination, in fishing activities on the high seas or within the exclusive economic zone of another nation that target or incidentally catch sharks; and (ii) the vessel’s flag state has not adopted, implemented, and enforced a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark, including the tail, before landing the shark in port, that is comparable to that of the United States. (2) **Timing** — The Secretary shall make an identification under paragraph (1) at any time that the Secretary has sufficient information to make such identification. **(b) Consultation and negotiation** The Secretary of State, acting in consultation with the Secretary, shall— (1) notify, as soon as practicable, the President and nations that are engaged in, or that have any fishing vessels engaged in, fishing activities or practices described in subsection (a), about the provisions of this Act; (2) initiate discussions as soon as practicable with all foreign nations that are engaged in, or a fishing vessel of which has engaged in, fishing activities described in subsection (a), for the purpose of entering into bilateral and multilateral treaties with such nations to protect such species and to address any underlying failings or gaps that may have contributed to identification under this Act; and (3) initiate the amendment of any existing international treaty for the protection and conservation of such species to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section. **(c) Conservation certification procedure** (1) **Determination** — The Secretary shall establish a procedure consistent with the provisions of subchapter II of chapter 5 of title 5 for determining whether the government of a harvesting nation identified under subsection (a) and listed in the report under [section 1826h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826h&num=0&edition=prelim)— (A) has provided documentary evidence of the adoption of a regulatory program governing the conservation of the protected living marine resource that is comparable to that of the United States, taking into account different conditions, and which, in the case of pelagic longline fishing, includes mandatory use of circle hooks, careful handling and release equipment, and training and observer programs; and (B) has established a management plan containing requirements that will assist in gathering species-specific data to support international stock assessments and conservation enforcement efforts for protected living marine resources. (2) **Procedural requirement** — The procedure established by the Secretary under paragraph (1) shall include notice and opportunity for comment by the public and any such nation. (3) **Certification** — The Secretary shall certify to the Congress by January 31, 2007, and biennially thereafter whether each such nation has provided the documentary evidence described in paragraph (1)(A) and established a management plan described in paragraph (1)(B). (4) **Alternative procedure** — The Secretary may establish a procedure to authorize, on a shipment-by-shipment, shipper-by-shipper, or other basis the importation of fish or fish products from a vessel of a nation issued a negative certification under paragraph (1) if the Secretary determines that such imports were harvested by practices that do not result in bycatch of a protected marine species, or were harvested by practices that— (A) are comparable to those of the United States, taking into account different conditions; and (B) include the gathering of species specific data that can be used to support international and regional stock assessments and conservation efforts for protected living marine resources. (5) **Effect of certification** — The provisions of section 1826a(a) and section 1826a(b)(3) and (4) of this title shall apply to any nation identified under subsection (a) for which the Secretary has issued a negative certification under this subsection, but shall not apply to any nation identified under subsection (a) for which the Secretary has issued a positive certification under this subsection. **(d) International cooperation and assistance** To the greatest extent possible consistent with existing authority and the availability of funds, the Secretary shall— (1) provide appropriate assistance to nations identified by the Secretary under subsection (a) and international organizations of which those nations are members to assist those nations in qualifying for certification under subsection (c); (2) undertake, where appropriate, cooperative research activities on species statistics and improved harvesting techniques, with those nations or organizations; (3) encourage and facilitate the transfer of appropriate technology to those nations or organizations to assist those nations in qualifying for certification under subsection (c); and (4) provide assistance to those nations or organizations in designing and implementing appropriate fish harvesting plans. **(e) Protected living marine resource defined** In this section the term “protected living marine resource”— (1) except as provided in paragraph (2), means nontarget fish, sea turtles, or marine mammals that are protected under United States law or international agreement, including— (A) the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1361](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim) et seq.); (B) the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.); (C) the Shark Finning Prohibition Act ([16 U.S.C. 1822](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1822&num=0&edition=prelim) note); and (D) the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249); but (2) does not include species, except sharks, managed 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.], the Atlantic Tunas Convention Act [[16 U.S.C. 971](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971&num=0&edition=prelim) et seq.], or any international fishery management agreement. **(f) Authorization of appropriations** There are authorized to be appropriated to the Secretary for fiscal years 2007 through 2013 such sums as are necessary to carry out this section.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1531 — Congressional findings and declaration of purposes and policy

**(a) Findings** The Congress finds and declares that— (1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation; (2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction; (3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people; (4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to— (A) migratory bird treaties with Canada and Mexico; (B) the Migratory and Endangered Bird Treaty with Japan; (C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere; (D) the International Convention for the Northwest Atlantic Fisheries; (E) the International Convention for the High Seas Fisheries of the North Pacific Ocean; (F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (G) other international agreements; and (5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants. **(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1822 — International fishery agreements

**(a) Negotiations** The Secretary of State— (1) shall renegotiate treaties as provided for in subsection (b); (2) shall negotiate governing international fishery agreements described in [section 1821(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1821/c&num=0&edition=prelim); (3) may negotiate boundary agreements as provided for in subsection (d); (4) shall, upon the request of and in cooperation with the Secretary, initiate and conduct negotiations for the purpose of entering into international fishery agreements— (A) which allow fishing vessels of the United States equitable access to fish over which foreign nations assert exclusive fishery management authority, and (B) which provide for the conservation and management of anadromous species and highly migratory species; and (5) may enter into such other negotiations, not prohibited by subsection (c), as may be necessary and appropriate to further the purposes, policy, and provisions of this chapter. **(b) Treaty renegotiation** The Secretary of State, in cooperation with the Secretary, shall initiate, promptly after April 13, 1976, the renegotiation of any treaty which pertains to fishing within the exclusive economic zone (or within the area that will constitute such zone after February 28, 1977), or for anadromous species or Continental Shelf fishery resources beyond such zone or area, and which is in any manner inconsistent with the purposes, policy, or provisions of this chapter, in order to conform such treaty to such purposes, policy, and provisions. It is the sense of Congress that the United States shall withdraw from any such treaty, in accordance with its provisions, if such treaty is not so renegotiated within a reasonable period of time after Apri

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1801 — Findings, purposes and policy

**(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

16 U.S.C. § 1826h — Biennial report on international compliance

**(a) In general** The Secretary, in consultation with the Secretary of State, shall provide to Congress, by not later than 2 years after January 12, 2007, and every 2 years thereafter, on June 1 of that year a report that includes— (1) the state of knowledge on the status of international living marine resources shared by the United States or subject to treaties or agreements to which the United States is a party, including a list of all such fish stocks classified as overfished, overexploited, depleted, endangered, or threatened with extinction by any international or other authority charged with management or conservation of living marine resources; (2) a list of nations that have been identified under section 1826j(a) or 1826k(a) of this title, including the specific offending activities and any subsequent actions taken pursuant to section 1826j or 1826k of this title; (3) a description of efforts taken by nations on those lists to comply take appropriate corrective action consistent with sections 1826j and 1826k of this title, and an evaluation of the progress of those efforts, including steps taken by the United States to implement those sections and to improve international compliance; (4) progress at the international level, consistent with [section 1826i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826i&num=0&edition=prelim), to strengthen the efforts of international fishery management organizations to end illegal, unreported, or unregulated fishing; and (5) steps taken by the Secretary at the international level to adopt international measures comparable to those of the United States to reduce impacts of fishing and other practices on protected living marine resources, if no international agreement to achiev

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16 U.S.C. § 1826i — Action to strengthen international fishery management organizations

**(a) In general** The Secretary, in consultation with the Secretary of State, and in cooperation with relevant fishery management councils and any relevant advisory committees, shall take actions to improve the effectiveness of international fishery management organizations, or arrangements made pursuant to an international fishery agreement, in conserving and managing fish stocks under their jurisdiction. These actions shall include— (1) urging international fishery management organizations to which the United States is a member— (A) to incorporate multilateral market-related measures against member or nonmember governments whose vessels engage in illegal, unreported, or unregulated fishing; (B) to seek adoption of lists that identify fishing vessels and vessel owners engaged in illegal, unreported, or unregulated fishing that can be shared among all members and other international fishery management organizations; (C) to seek international adoption of a centralized vessel monitoring system in order to monitor and document capacity in fleets of all nations involved in fishing in areas under an international fishery management organization’s jurisdiction; (D) to increase use of observers and technologies needed to monitor compliance with conservation and management measures established by the organization, including vessel monitoring systems and automatic identification systems; (E) to seek adoption of stronger port state controls in all nations, particularly those nations in whose ports vessels engaged in illegal, unreported, or unregulated fishing land or transship fish; and (F) to adopt shark conservation measures, including measures to prohibit removal of any of the fins of a shark (including the tail) and discarding the carcass of the shark at s

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1361 — Congressional findings and declaration of policy

The Congress finds that— (1) certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man’s activities; (2) such species and population stocks should not be permitted to diminish beyond the point at which they cease to be a significant functioning element in the ecosystem of which they are a part, and, consistent with this major objective, they should not be permitted to diminish below their optimum sustainable population. Further measures should be immediately taken to replenish any species or population stock which has already diminished below that population. In particular, efforts should be made to protect essential habitats, including the rookeries, mating grounds, and areas of similar significance for each species of marine mammal from the adverse effect of man’s actions; (3) there is inadequate knowledge of the ecology and population dynamics of such marine mammals and of the factors which bear upon their ability to reproduce themselves successfully; (4) negotiations should be undertaken immediately to encourage the development of international arrangements for research on, and conservation of, all marine mammals; (5) marine mammals and marine mammal products either— (A) move in interstate commerce, or (B) affect the balance of marine ecosystems in a manner which is important to other animals and animal products which move in interstate commerce, and that the protection and conservation of marine mammals and their habitats is therefore necessary to insure the continuing availability of those products which move in interstate commerce; and (6) marine mammals have proven themselves to be resources of great international significance, esthetic and recreational as well as economic, and i

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 971 — Definitions

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

19 U.S.C. § 4731 — Other monitoring and enforcement actions

**(a) Marine Mammal Protection Act** The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1361](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim) et seq.). **(b) Magnuson-Stevens Fishery Conservation and Management Act** The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the following provisions of law: (1) 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.). (2) The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 ([16 U.S.C. 1891](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1891&num=0&edition=prelim) et seq.). (3) The High Seas Driftnet Fishing Moratorium Protection Act ([16 U.S.C. 1826d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826d&num=0&edition=prelim) et seq.). (4) The Shark Conservation Act of 2010 ([16 U.S.C. 1826k](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826k&num=0&edition=prelim) note; 1857 note). (5) The Shark Finning Prohibition Act ([16 U.S.C. 1822](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1822&num=0&edition=prelim) note). **(c) Fishermen’s Protective Act of 1967** The Secretary of Commerce and Secretary of the Interior have authority to take appropriate monitoring or enforcement actions under section 8 of the Fishermen’s Protective Act of 1967 ([22 U.S.C. 1978](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1978&num=0

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1361 — Congressional findings and declaration of

Page 1763 TITLE 16—CONSERVATION § 1361 (Pub. L. 92–195, § 11, formerly § 10, Dec. 15, 1971, 85 Stat. 651, renumbered Pub. L. 94–579, title IV, § 404, Oct. 21, 1976, 90 Stat. 2775.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of this section relating to the Secretaries of the Inte- rior and Agriculture submitting a joint report to Con- gress every twenty-four months on the administration of this chapter, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 147 of House Docu- ment No. 103–7. CHAPTER 31—MARINE MAMMAL PROTECTION SUBCHAPTER I—GENERALLY Sec. 1361. Congressional findings and declaration of pol- icy. 1362. Definitions. SUBCHAPTER II—CONSERVATION AND PROTECTION OF MARINE MAMMALS 1371. Moratorium on taking and importing marine mammals and marine mammal products. 1372. Prohibitions. 1373. Regulations on taking of marine mammals. 1374. Permits. 1375. Penalties. 1375a. Use of fines for protection and recovery of manatees, polar bears, sea otters, and wal- ruses. 1376. Seizure and forfeiture of cargo. 1377. Enforcement. 1378. International program. 1379. Transfer of management authority. 1380. Marine mammal research grants. 1381. Commercial fisheries gear development. 1382. Regulations and administration. 1383. Application to other treaties and conven- tions. 1383a. Interim exemption for commercial fisheries. 1383b. Status review; conservation plans. 1384. Authorization of appropriations. 1385. Dolphin protection. 1386. Stock assessments. 1387. Taking of marine mammals incidental to commercial fishing operations. 1388. Marine mammal cooperative a

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1531 — Congressional findings and declaration of

Page 1909 TITLE 16—CONSERVATION § 1531 maintenance of continuing and stable supply of agri- cultural commodities and forest products. Section 1502, Pub. L. 91–524, title X, § 1002, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required eligible landowners and operators to furnish plan of farming operations or land use to Secretary. Section 1503, Pub. L. 91–524, title X, § 1003, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related to approved conservation plans as basis for contracts, duties under contracts, and termination or modifica- tion of contracts. Section 1504, Pub. L. 91–524, title X, § 1004, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author- ized furnishing of conservation materials to eligible owners and operators. Section 1505, Pub. L. 91–524, title X, § 1005, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat. 1022, authorized establishment of multiyear set-aside contracts. Section 1506, Pub. L. 91–524, title X, § 1006, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author- ized issuance of rules and regulations as well as limita- tions on total retired acreage. Section 1507, Pub. L. 91–524, title X, § 1007, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di- rected appointment of advisory boards to assist in de- velopment of programs under this chapter. Section 1508, Pub. L. 91–524, title X, § 1008, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed coordination with and utilization of Federal, State, and local services and facili

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