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22 U.S.C. § 1978 — Restriction on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs

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

22 U.S.C. § 1978 — Restriction on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs

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Source file: Laws/federal/codes/united-states-code/title-22/section-1978-restriction-on-importation-of-fishery-or-wildlife-products-from-countrie--5eb1f538dd.md
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Source location: Title 22, Chapter 25, § 1978; chapter-025-protection-of-vessels-on-the-high-seas-and-in-territorial-waters-of-foreign-countries.md

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**(a) Certification to President** (1) When the Secretary of Commerce, in consultation with the Secretary of State, determines that nationals of a foreign country, directly or indirectly, are conducting fishing operations in a manner or under circumstances which diminish the effectiveness of an international fishery conservation program, the Secretary of Commerce shall certify such fact to the President. (2) When the Secretary of Commerce or the Secretary of the Interior, in consultation with the Secretary of State, finds that nationals of a foreign country, directly or indirectly, are engaging in trade or taking which diminishes the effectiveness of any international program for endangered or threatened species, the Secretary making such finding shall certify such fact to the President. (3) In administering this subsection, the Secretary of Commerce or the Secretary of the Interior, as appropriate, in consultation with the Secretary of State, shall— (A) periodically monitor the activities of foreign nationals that may affect the international programs referred to in paragraphs (1) and (2); (B) promptly investigate any activity by foreign nationals that, in the opinion of the Secretary, may be cause for certification under paragraph (1) or (2); and (C) promptly conclude; and reach a decision with respect to; any investigation commenced under subparagraph (B). (4) The Secretary of Commerce and the Secretary of the Interior shall each report to Congress each certification to the President made by such Secretary under this subsection, within 15 days after making such certification. (5) Upon receipt of any certification made under paragraph (1) or (2), the President may direct the Secretary of the Treasury to prohibit the bringing or the importation into the United States of any products from the offending country for any duration as the President determines appropriate and to the extent that such prohibition is sanctioned by the World Trade Organization (as defined in [section 3501(8) of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501/8&num=0&edition=prelim)) or the multilateral trade agreements (as defined in [section 3501(4) of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501/4&num=0&edition=prelim)). **(b) Notification to Congress** Within sixty days following certification by the Secretary of Commerce or the Secretary of the Interior, the President shall notify the Congress of any action taken by him pursuant to such certification. In the event the President fails to direct the Secretary of the Treasury to prohibit the importation of fish products or wildlife products of the offending country, or if such prohibition does not cover all fish products or wildlife products of the offending country, the President shall inform the Congress of the reasons therefor. **(c) Importation of fish products from offending country prohibited** It shall be unlawful for any person subject to the jurisdiction of the United States knowingly to bring or import into, or cause to be imported into, the United States any products prohibited by the Secretary of the Treasury pursuant to this section. **(d) Periodic review by Secretary of Commerce or Secretary of the Interior; termination of certification; notice** After making a certification to the President under subsection (a), the Secretary of Commerce or the Secretary of the Interior, as the case may be, in consultation with the Secretary of State, shall periodically review the activities of the nationals of the offending country to determine if the reasons for which the certification was made no longer prevail. Upon determining that such reasons no longer prevail, the Secretary concerned shall terminate the certification and publish notice thereof, together with a statement of the facts on which such determination is based, in the Federal Register. **(e) Penalties; forfeiture; customs laws** (1) Any person violating the provisions of this section shall be fined not more than $10,000 for the first violation, and not more than $25,000 for each subsequent violation. (2) All products brought or imported into the United States in violation of this section, or the monetary value thereof, may be forfeited. (3) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as such provisions of law are applicable and not inconsistent with this section. **(f) Enforcement** (1) Enforcement of the provisions of this section prohibiting the bringing or importation of products into the United States shall be the responsibility of the Secretary of the Treasury. (2) The judges of the United States district courts, and United States magistrate judges may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this chapter and regulations issued thereunder. (3) Any person authorized to carry out enforcement activities hereunder shall have the power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this section. (4) Such person so authorized shall have the power— (A) with or without a warrant or other process, to arrest any persons subject to the jurisdiction of the United States committing in his presence or view a violation of this section or the regulations issued thereunder; (B) with or without a warrant or other process, to search any vessel or other conveyance subject to the jurisdiction of the United States, and, if as a result of such search he has reasonable cause to believe that such vessel or other conveyance or any person on board is engaging in operations in violation of this section or the regulations issued thereunder, then to arrest such person. (5) Such person so authorized, may seize, whenever and wherever lawfully found, all products brought or imported into the United States in violation of this section or the regulations issued thereunder. Products so seized may be disposed of pursuant to the order of a court of competent jurisdiction, or, if perishable, in a manner prescribed by regulations promulgated by the Secretary of the Treasury after consultation with the Secretary of Health and Human Services. **(g) Regulations** The Secretary of the Treasury, the Secretary of Commerce, and the Secretary of the Interior are each authorized to prescribe such regulations as he determines necessary to carry out the provisions of this section. **(h) Definitions** As used in this section— (1) The term “person” means any individual, partnership, corporation, or association. (2) The term “United States” means the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and every other territory and possession of the United States. (3) The term “international fishery conservation program” means any ban, restriction, regulation, or other measure in effect pursuant to a bilateral or multilateral agreement which is in force with respect to the United States, the purpose of which is to conserve or protect the living resources of the sea, including marine mammals. (4) The term “international program for endangered or threatened species” means any ban, restriction, regulation, or other measure in effect pursuant to a multilateral agreement which is in force with respect to the United States, the purpose of which is to protect endangered or threatened species of animals. (5) The term “taking”, as used with respect to animals to which an international program for endangered or threatened species applies, means to— (A) harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect; or (B) attempt to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect.

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

28 U.S.C. § 631 — Appointment and tenure

**(a)** The judges of each United States district court and the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands shall appoint United States magistrate judges in such numbers and to serve at such locations within the judicial districts as the Judicial Conference may determine under this chapter. In the case of a magistrate judge appointed by the district court of the Virgin Islands, Guam, or the Northern Mariana Islands, this chapter shall apply as though the court appointing such a magistrate judge were a United States district court. Where there is more than one judge of a district court, the appointment, whether an original appointment or a reappointment, shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. Where the conference deems it desirable, a magistrate judge may be designated to serve in one or more districts adjoining the district for which he is appointed. Such a designation shall be made by the concurrence of a majority of the judges of each of the district courts involved and shall specify the duties to be performed by the magistrate judge in the adjoining district or districts. **(b)** No individual may be appointed or reappointed to serve as a magistrate judge under this chapter unless: (1) He has been for at least five years a member in good standing of the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, except that an individual who does not meet the bar membership requirements of this paragraph may be appointed and serve as a part-time magistrate judge if the appo

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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. § 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1801

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

16 U.S.C. § 1826a — Denial of port privileges and sanctions for high seas large-scale driftnet fishing

**(a) Denial of port privileges** (1) **Publication of list** — Not later than 30 days after November 2, 1992, and periodically thereafter, the Secretary of Commerce, in consultation with the Secretary of State, shall publish a list of nations whose nationals or vessels conduct large-scale driftnet fishing beyond the exclusive economic zone of any nation. (2) **Denial of port privileges** — The Secretary of Homeland Security shall, in accordance with international law— (A) withhold or revoke the clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim) for any large-scale driftnet fishing vessel of a nation that receives a negative certification under section 1826j(d) or 1826k(c) of this title, or fishing vessels of a nation that has been listed pursuant to [section 1826j(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826j/b&num=0&edition=prelim) or [section 1826k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826k/a&num=0&edition=prelim) in 2 or more consecutive reports for the same type of fisheries activity, as described under [section 1826h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826h&num=0&edition=prelim), until a positive certification has been received; (B) withhold or revoke the clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim) for fishing vessels of a nation that has been listed pursuant to section 1826j(a) or 1826k(a) of this title in 2 or more consecutive reports as described under [section 1826h of this title

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

16 U.S.C. § 5301 — Findings

The Congress finds the following: (1) The world’s rhinoceros population is declining at an alarming rate, a 90 percent decline since 1970. (2) All 5 subspecies of tiger are currently threatened with extinction in the wild, with approximately 5,000 to 6,000 tigers remaining worldwide. (3) All rhinoceros species have been listed on Appendix I of CITES since 1977. (4) All tiger subspecies have been listed on Appendix I of CITES since 1987. (5) The tiger and all rhinoceros species, except the southern subspecies of white rhinoceros, are listed as endangered species under 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.). (6) In 1987, the parties to CITES adopted a resolution that urged all parties to establish a moratorium on the sale and trade in rhinoceros products (other than legally taken trophies), to destroy government stockpiles of rhinoceros horn, and to exert pressure on countries continuing to allow trade in rhinoceros products. (7) On September 7, 1993, under [section 1978 of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1978&num=0&edition=prelim) the Secretary certified that the People’s Republic of China and Taiwan were engaged in trade of rhinoceros parts and tiger parts that diminished the effectiveness of an international conservation program for that endangered species. (8) On September 9, 1993, the Standing Committee of CITES, in debating the continuing problem of trade in rhinoceros horn and tiger parts, adopted a resolution urging parties to CITES to implement stricter domestic measures, up to and including an immediate prohibition in trade in wildlife species. (9) On November 8, 1993, under [

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

16 U.S.C. § 7611 — Definitions

In this chapter: (1) **Appropriate congressional committees** — The term “appropriate congressional committees” means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) **Co-Chairs of the Task Force** — The term “Co-Chairs of the Task Force” means the Secretary of State, the Secretary of the Interior, and the Attorney General, as established pursuant to Executive Order 13648. (3) **Community conservation** — The term “community conservation” means an approach to conservation involving local communities that recognizes the rights of local people to manage, or benefit directly and indirectly from wildlife and other natural resources in a long-term biologically viable manner and includes— (A) devolving management and governance to local communities to create positive conditions for resource use that takes into account current and future ecological requirements; and (B) building the capacity of communities for conservation and natural resource management. (4) **Country of concern** — The term “country of concern” means a foreign country specially designated by the Secretary of State pursuant to [section 7621(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7621/b&num=0&edition=prelim) as a major source of wildlife trafficking products or their derivatives, a major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products, in which— (A) the government has actively engaged in, or knowingly profited from, the trafficking of protected species; or (B) the government facilitates such trafficking thro

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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

22 U.S.C. § 1978 — Restriction on importation of fishery or

Page 492 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1978 § 102, Nov. 7, 2000, 114 Stat. 1941; Pub. L. 107–228, div. A, title II, § 209, Sept. 30, 2002, 116 Stat. 1365; Pub. L. 108–219, title III, § 302, Apr. 13, 2004, 118 Stat. 616; Pub. L. 114–323, title VII, § 705, Dec. 16, 2016, 130 Stat. 1942; Pub. L. 117–81, div. E, title LI, § 5111(a), Dec. 27, 2021, 135 Stat. 2350.) Editorial Notes AMENDMENTS 2021—Subsec. (e). Pub. L. 117–81 inserted heading and amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: ‘‘The provisions of this sec- tion shall be effective until October 1, 2018; except that payments may be made under this section only to such extent and in such amounts as are provided in advance in appropriation Acts.’’ 2016—Subsec. (e). Pub. L. 114–323 substituted ‘‘2018’’ for ‘‘2008’’. 2004—Subsec. (e). Pub. L. 108–219 substituted ‘‘2008’’ for ‘‘2003’’. 2002—Subsec. (a)(3). Pub. L. 107–228 substituted ‘‘Sec- retary of State’’ for ‘‘Secretary of Commerce’’. 2000—Subsec. (a)(3). Pub. L. 106–450, § 102(b), sub- stituted ‘‘Secretary of Commerce’’ for ‘‘Secretary of the Interior’’. Subsec. (e). Pub. L. 106–450, § 102(a), substituted ‘‘2003’’ for ‘‘2000’’. 1995—Subsec. (c). Pub. L. 104–43, § 403(a), struck out after second sentence ‘‘The amount fixed by the Sec- retary shall be predicated upon at least 331⁄3 per centum of the contribution by the Government.’’ Subsec. (e). Pub. L. 104–43, § 403(b), substituted ‘‘Octo- ber 1, 2000’’ for ‘‘October 1, 1993’’. 1990—Subsec. (e). Pub. L. 101–627 substituted ‘‘October 1, 1993’’ for ‘‘October 1, 1989’’. 1988—Subsec. (e). Pub. L. 100–350 substituted ‘‘October 1, 1989’’ for ‘‘October 1, 1988’’. 1987—Subsec. (e). Pub. L. 100–151 substituted ‘‘October 1, 1988’’ for ‘‘October 1,

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 1978

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