16 U.S.C. § 3631 — Definitions

Page 2315 TITLE 16—CONSERVATION § 3631 (1) be liable to the United States for a civil penalty under section 308 of the Act of 1976 (16 U.S.C. 1858) to the same extent as if such act were an act prohibited under section 307 of the Act of 1976 (16 U.S.C. 1857); and (2) be guilty of an offense under section 309 of the Act of 1976 (16 U.S.C. 1859) to the same extent as if such act were an act prohibited by section 307(1)(D), (E), (F), or (H) of the Act of 1976 (16 U.S.C. 1857(1)(D), (E), (F), or (H)). (c) Civil forfeiture of vessel Any vessel used, and any fish (or the fair mar- ket value thereof) taken or retained in any man- ner, in connection with or as the result of the commission of an act which is unlawful under subsection (a) of this section shall be subject to civil forfeiture under section 310 of the Act of 1976 (16 U.S.C. 1860) to the same extent as if such vessel was used in, or such fish was taken or re- tained in connection with or as the result of, the commission of an act prohibited by section 307 of the Act of 1976 (16 U.S.C. 1857). (Pub. L. 97–389, title III, § 307, Dec. 29, 1982, 96 Stat. 1953; Pub. L. 98–44, title I, § 102(2), July 12, 1983, 97 Stat. 216.) Editorial Notes AMENDMENTS 1983—Subsec. (c). Pub. L. 98–44 inserted provision that any fish, or the fair market value thereof, taken or re- tained in connection with or as the result of the com- mission of an act unlawful under subsection (a) of this section shall be subject to civil forfeitures under sec- tion 1860 of this title to the same extent as if such fish was taken or retained in connection with or as the re- sult of the commission of an act prohibited by section 1857 of this title. § 3607. Enforcement The Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating shall enforce the provisions of this chapter and any regulation issued under this chapter. For purposes of such enforcement, such provisions and regulations shall be considered to be provisions of the Act of 1976 [16 U.S.C. 1801 et seq.] to which section 311(a), (b), (c), and (d) of the Act of 1976 (16 U.S.C. 1861(a), (b), (c), and (d), respectively) apply. (Pub. L. 97–389, title III, § 308, Dec. 29, 1982, 96 Stat. 1953.) Editorial Notes REFERENCES IN TEXT For Act of 1976, referred to in text, see section 3601(1) of this title and References in Text note set out under section 3601 of this title. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 3608. Authorization of appropriations There are authorized to be appropriated from time to time such sums as may be necessary for carrying out the purposes and provisions of the Convention and this chapter including— (1) necessary travel expenses of the Commis- sioners and alternate Commissioners in ac- cordance with the Federal Travel Regulation and sections 5701, 5702, 5704 through 5708, and 5731 of title 5; and (2) the United States contribution to the Or- ganization as provided in Article 16 of the Con- vention, not to exceed $50,000 for fiscal year 1983, and not to exceed, for each succeeding fiscal year, the amount assessed by the Orga- nization for the United States for such year. (Pub. L. 97–389, title III, § 309, Dec. 29, 1982, 96 Stat. 1954.) CHAPTER 56A—PACIFIC SALMON FISHING Sec. 3631. Definitions. 3632. United States Section. 3633. Authority and responsibility. 3634. Interagency cooperation. 3635. Preemption. 3636. Rulemaking. 3637. Prohibited acts and penalties. 3638. General standard. 3639. Advisory committee. 3640. Administrative matters. 3641. Authorization of appropriations. 3642. Disposition of property of International Pa- cific Salmon Fisheries Commission. 3643. Savings provision. 3644. Restriction on spending authority. 3645. Northern and Southern Funds; treaty imple- mentation; additional authorization of ap- propriations. § 3631. Definitions As used in this chapter, unless the context otherwise requires, the term— (a) ‘‘Commission’’ means the Pacific Salmon Commission established by the Treaty; (b) ‘‘enhancement’’ means manmade im- provements to natural habitats, or the appli- cation of artificial fish culture technology, that will lead to the increase of salmon stocks; (c) ‘‘Magnuson Act’’ means the Act entitled ‘‘the Magnuson-Stevens Fishery Conservation and Management Act,’’ as approved April 13, 1976, and as later amended (16 U.S.C. section 1801 et seq.); (d) ‘‘Panel’’ means any of the Panels estab- lished by the Treaty; (e) ‘‘person’’ means any individual (whether or not a citizen or national of the United States), any corporation, partnership, associa- tion, or other entity (whether or not organized or existing under the laws of any State); (f) ‘‘salmon’’ means any anadromous species of the family Salmonidae and genus Oncorhynchus, commonly known as Pacific salmon, including but not limited to: Popular names Scientific name Chinook or King Salmon .................... Oncorhynchus tshawytscha Coho or Silver Salmon Oncorhynchus kisutch Page 2316 TITLE 16—CONSERVATION § 3632 1 So in original. Probably should be ‘‘State’’. 2 So in original. The comma probably should not appear. Popular names Scientific name Pink or Humpback Salmon .................... Oncorhynchus gorbuscha Chum or Dog Salmon Oncorhynchus keta Sockeye or Red Salmon .................... Oncorhynchus nerka and shall also include Steelhead (Salmo gairdneri); (g) ‘‘Secretary’’ means the Secretary of Commerce; (h) ‘‘Treaty’’ means the Treaty between the Government of the United States of America and the Government of Canada Concerning Pa- cific Salmon, signed at Ottawa, January 28, 1985; (i) ‘‘treaty Indian tribe’’ means any of the federally recognized Indian tribes of the Co- lumbia River basin, Washington coast or Puget Sound areas having reserved fishing rights to salmon stocks subject to the Treaty under treaties with the United States Govern- ment; and (j) ‘‘United States Section’’ means the four United States Commissioners appointed by the President pursuant to this chapter. (Pub. L. 99–5, § 2, Mar. 15, 1985, 99 Stat. 7; Pub. L. 102–251, title III, § 306(a), Mar. 9, 1992, 106 Stat. 66; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.) AMENDMENT OF SECTION Pub. L. 102–251, title III, §§ 306(a), 308, Mar. 9, 1992, 106 Stat. 66, provided that, effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until the date on which the Agreement enters into force for the United States, this section is amended by redes- ignating subsections (h) to (j) as (i) to (k), re- spectively, and by inserting after subsection (g) the following new subsection: (h) ‘‘Special areas’’ means the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; in par- ticular, the term refers to those areas east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of the baselines from which the breadth of the ter- ritorial sea of the United States is measured. Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (c), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. AMENDMENTS 1996—Subsec. (c). Pub. L. 104–208 substituted ‘‘Magnu- son-Stevens Fishery’’ for ‘‘Magnuson Fishery’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102–251, set out as a note under section 773 of this title. SHORT TITLE Pub. L. 99–5, § 1, Mar. 15, 1985, 99 Stat. 7, provided: ‘‘That this Act [enacting this chapter and repealing sections 776 to 776f of this title and provisions set out as notes under section 776 of this title] may be cited as the ‘Pacific Salmon Treaty Act of 1985’.’’ Executive Documents TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. § 3632. United States Section (a) Commissioners The United States shall be represented on the Commission by four United States Commis- sioners who are knowledgeable or experienced concerning Pacific salmon, to be appointed by and serve at the pleasure of the President. Of these, one shall be an official of the United States Government who shall be a nonvoting member of the United States Section; one shall be a resident of the State of Alaska and shall be appointed from a list of at least six qualified in- dividuals nominated by the Governor of that State; one shall be a resident of the States 1 of Oregon,2 or Washington and shall be appointed from a list of at least six qualified individuals nominated by the Governors of those States; and one shall be appointed from a list of at least six qualified individuals nominated by the treaty Indian tribes of the States of Idaho, Oregon or Washington. Two of the initial appointments shall be for two-year terms; all other appoint- ments shall be for four-year terms. Each Com- missioner is eligible for reappointment. Any in- dividual appointed to fill a vacancy occurring prior to the expiration of any term of office shall be appointed for the remainder of that term. Unless otherwise agreed, the chairman- ship of the United States Section shall rotate annually among all four members with the order of rotation determined by lot at the first meet- ing. (b) Alternate Commissioners The Secretary of State, in consultation with the Secretary and the Secretary of the Interior, shall designate an Alternate Commissioner for