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16 U.S.C. § 5306 — Authorization of appropriations

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

16 U.S.C. § 5306 — Authorization of appropriations

Page 2543 TITLE 16—CONSERVATION § 5306 1 So in original. Probably should not be capitalized. (e) Enforcement The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this section in the manner in which the Secretaries carry out enforcement activities under section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)). (f) Use of penalty amounts Amounts received as penalties, fines, or for- feiture of property under this section shall be used in accordance with section 3375(d) of this title. (Pub. L. 103–391, § 7, as added Pub. L. 105–312, title IV, § 405(2), Oct. 30, 1998, 112 Stat. 2960.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in subsec. (b)(2)(B), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1531 of this title and Tables. PRIOR PROVISIONS A prior section 7 of Pub. L. 103–391 was renumbered section 10 and is classified to section 5306 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. § 5305b. Educational outreach program (a) In general

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Page 2543 TITLE 16—CONSERVATION § 5306 1 So in original. Probably should not be capitalized. (e) Enforcement The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this section in the manner in which the Secretaries carry out enforcement activities under section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)). (f) Use of penalty amounts Amounts received as penalties, fines, or for- feiture of property under this section shall be used in accordance with section 3375(d) of this title. (Pub. L. 103–391, § 7, as added Pub. L. 105–312, title IV, § 405(2), Oct. 30, 1998, 112 Stat. 2960.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in subsec. (b)(2)(B), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1531 of this title and Tables. PRIOR PROVISIONS A prior section 7 of Pub. L. 103–391 was renumbered section 10 and is classified to section 5306 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. § 5305b. Educational outreach program (a) In general Not later than 180 days after October 30, 1998, the Secretary shall develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species. (b) Guidelines The Secretary shall publish in the Federal Register guidelines for the program. (c) Contents Under the program, the Secretary shall pub- lish and disseminate information regarding— (1) laws protecting rhinoceros and tiger spe- cies, in particular laws prohibiting trade in products containing, or labeled or advertised as containing, their parts; (2) use of traditional medicines that contain parts or products of rhinoceros and tiger spe- cies, health risks associated with their use, and available alternatives to the medicines; and (3) the status of rhinoceros and tiger species and the reasons for protecting the species. (Pub. L. 103–391, § 8, as added Pub. L. 105–312, title IV, § 406, Oct. 30, 1998, 112 Stat. 2961.) § 5305c. Advisory group (a) In general To assist in carrying out this chapter, the Sec- retary may convene an advisory group con- sisting of individuals representing public and private organizations actively involved in the conservation of rhinoceros and tiger species. (b) Public participation (1) Meetings The Advisory Group 1 shall— (A) ensure that each meeting of the advi- sory group is open to the public; and (B) provide, at each meeting, an oppor- tunity for interested persons to present oral or written statements concerning items on the agenda. (2) Notice The Secretary shall provide to the public timely notice of each meeting of the advisory group. (3) Minutes Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (c) Exemption from chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the ad- visory group. (Pub. L. 103–391, § 9, as added Pub. L. 107–112, § 4, Jan. 8, 2002, 115 Stat. 2097; amended Pub. L. 117–286, § 4(a)(123), Dec. 27, 2022, 136 Stat. 4319.) Editorial Notes PRIOR PROVISIONS A prior section 9 of Pub. L. 103–391 was renumbered section 10 and is classified to section 5306 of this title. AMENDMENTS 2022—Subsec. (c). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. § 5306. Authorization of appropriations (a) In general There is authorized to be appropriated to the Fund $10,000,000 for each of fiscal years 2025 through 2029 to carry out this chapter, to re- main available until expended. (b) Administrative expenses Of amounts available each fiscal year to carry out this chapter, the Secretary may expend not more than 3 percent or $100,000, whichever is greater, to pay the administrative expenses nec- essary to carry out this chapter. (Pub. L. 103–391, § 10, formerly § 7, Oct. 22, 1994, 108 Stat. 4097; renumbered § 9 and amended Pub. L. 105–312, title IV, §§ 405(1), 407, Oct. 30, 1998, 112 Stat. 2960, 2961; renumbered § 10 and amended Pub. L. 107–112, §§ 2–4, Jan. 8, 2002, 115 Stat. 2097; Pub. L. 110–132, § 3(b), (c), Dec. 6, 2007, 121 Stat. 1360; Pub. L. 116–9, title VII, § 7001(c)(1)(C), Mar. 12, 2019, 133 Stat. 784; Pub. L. 118–159, div. E, title LIII, § 5305(b), Dec. 23, 2024, 138 Stat. 2446.) Page 2544 TITLE 16—CONSERVATION § 5401 Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159 substituted ‘‘2025 through 2029’’ for ‘‘2019 through 2023’’. 2019—Subsec. (a). Pub. L. 116–9 substituted ‘‘2019 through 2023’’ for ‘‘2007 through 2012’’. 2007—Subsec. (a). Pub. L. 110–132, § 3(c), substituted ‘‘2007 through 2012’’ for ‘‘2001, 2002, 2003, 2004, 2005, 2006, and 2007’’. Subsec. (b). Pub. L. 110–132, § 3(b), substituted ‘‘$100,000’’ for ‘‘$80,000’’. 2002—Pub. L. 107–112, §§ 2, 3, designated existing provi- sions as subsec. (a), inserted heading, substituted ‘‘is authorized’’ for ‘‘are authorized’’ and ‘‘2001, 2002, 2003, 2004, 2005, 2006, and 2007’’ for ‘‘1996 through 2002’’, and added subsec. (b). 1998—Pub. L. 105–312, § 407, substituted ‘‘1996 through 2002’’ for ‘‘1996, 1997, 1998, 1999, and 2000’’. CHAPTER 74—NATIONAL MARITIME HERITAGE Sec. 5401 to 5409. Omitted or Repealed. § 5401. Omitted Editorial Notes CODIFICATION Section, Pub. L. 103–451, § 2, Nov. 2, 1994, 108 Stat. 4769, which related to congressional findings, was omitted from the Code following the enactment of Title 54, Na- tional Park Service and Related Programs, by Pub. L. 113–287. § 5402. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 103–451, § 3, Nov. 2, 1994, 108 Stat. 4770, related to national maritime heritage policy. See sec- tion 308701 of Title 54, National Park Service and Re- lated Programs. § 5403. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 103–451, § 4, Nov. 2, 1994, 108 Stat. 4770, related to National Maritime Heritage Grants Pro- gram. See section 308703 of Title 54, National Park Service and Related Programs. § 5404. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 103–451, § 5, Nov. 2, 1994, 108 Stat. 4774, related to National Maritime Heritage Grants Advisory Committee. § 5405. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 103–451, § 6, Nov. 2, 1994, 108 Stat. 4776; Pub. L. 105–85, div. A, title X, § 1026(c), Nov. 18, 1997, 111 Stat. 1878; Pub. L. 106–398, § 1 [div. C, title XXXV, § 3502(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–490; Pub. L. 110–181, div. C, title XXXV, § 3514, Jan. 28, 2008, 122 Stat. 594; Pub. L. 111–84, div. C, title XXXV, § 3509, Oct. 28, 2009, 123 Stat. 2721; Pub. L. 111–383, div. A, title X, § 1075(n), Jan. 7, 2011, 124 Stat. 4378, related to funding. See section 308704 of Title 54, National Park Service and Related Programs. § 5406. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 103–451, § 7, Nov. 2, 1994, 108 Stat. 4777, provided definitions for this chapter. See section 308702 of Title 54, National Park Service and Related Pro- grams. § 5407. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 103–451, § 8, Nov. 2, 1994, 108 Stat. 4778, related to regulations. See section 308706 of Title 54, National Park Service and Related Programs. § 5408. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 103–451, § 9, Nov. 2, 1994, 108 Stat. 4778, related to savings provision. See section 308707 of Title 54, National Park Service and Related Programs. § 5409. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 105–261, div. A, title X, § 1068, Oct. 17, 1998, 112 Stat. 2135, related to designation of America’s National Maritime Museum. See section 308705 of Title 54, National Park Service and Related Programs. CHAPTER 75—HIGH SEAS FISHING COMPLIANCE Sec. 5501. Purpose. 5502. Definitions. 5503. Permitting. 5504. Responsibilities of Secretary. 5505. Unlawful activities. 5506. Enforcement provisions. 5507. Civil penalties and permit sanctions. 5508. Criminal offenses. 5509. Forfeitures. § 5501. Purpose It is the purpose of this chapter— (1) to implement the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993; and (2) to establish a system of permitting, re- porting, and regulation for vessels of the United States fishing on the high seas. (Pub. L. 104–43, title I, § 102, Nov. 3, 1995, 109 Stat. 367.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, and was translated as reading ‘‘this title’’, meaning title I of Pub. L. 104–43, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–43, title I, § 111, Nov. 3, 1995, 109 Stat. 376, provided that: ‘‘This title [enacting this chapter] shall take effect 120 days after the date of enactment of this Act [Nov. 3, 1995].’’ SHORT TITLE Pub. L. 104–43, § 1, Nov. 3, 1995, 109 Stat. 366, provided that: ‘‘This Act [enacting this chapter, chapters 76 (§ 5601 et seq.) and 77 (§ 5701 et seq.) of this title, sections 971j, 971k, and 1826d to 1826g of this title, and sections 1980a and 1980b of Title 22, Foreign Relations and Inter- course, amending sections 971, 971b, 971c to 971e, 971h, 971i, 973g, 1383a, and 5002 of this title and section 1977 of Title 22, enacting provisions set out as notes under this section, sections 971, 971c, 1383a, 1801, 1821, 1823,

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

16 U.S.C. § 1540 — Penalties and enforcement

**(a) Civil penalties** (1) Any person who knowingly violates, and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates, any provision of this chapter, or any provision of any permit or certificate issued hereunder, or of any regulation issued in order to implement subsection (a)(1)(A), (B), (C), (D), (E), or (F), (a)(2)(A), (B), (C), or (D), (c), (d) (other than regulation relating to recordkeeping or filing of reports), (f) or (g) of [section 1538 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1538&num=0&edition=prelim), may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation. Any person who knowingly violates, and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates, any provision of any other regulation issued under this chapter may be assessed a civil penalty by the Secretary of not more than $12,000 for each such violation. Any person who otherwise violates any provision of this chapter, or any regulation, permit, or certificate issued hereunder, may be assessed a civil penalty by the Secretary of not more than $500 for each such violation. No penalty may be assessed under this subsection unless such person is given notice and opportunity for a hearing with respect to such violation. Each violation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Secretary. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court sh

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

16 U.S.C. § 1540 — Penalties and enforcement

Page 1941 TITLE 16—CONSERVATION § 1540 AMENDMENTS 1988—Subsec. (c). Pub. L. 100–478, § 1013(b), substituted ‘‘notice, of’’ for ‘‘notice,’’ in second sentence. Subsec. (e)(3)(ii). Pub. L. 100–478, § 1013(c), substituted ‘‘lacing,’’ for ‘‘lacking,’’. Subsec. (f)(8)(A). Pub. L. 100–478, § 1011(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘Any person to whom a certificate of exemption has been issued under paragraph (4) of this subsection may apply to the Secretary for a renewal of such exemption for a period not to exceed three years beginning on the expiration date of such certificate. Such application shall be made in the same manner as the application for exemption was made under para- graph (3), but without regard to subparagraph (A) of such paragraph.’’ Subsec. (f)(8)(B). Pub. L. 100–478, § 1011(b), substituted ‘‘previous’’ for ‘‘original’’. Subsec. (f)(8)(D). Pub. L. 100–478, § 1011(c), added sub- par. (D). Subsec. (f)(9). Pub. L. 100–478, § 1011(d), struck out par. (9) which provided for comprehensive review by Sec- retary of effectiveness of regulations prescribed pursu- ant to subsec. (f)(5) of this section. 1982—Subsec. (a). Pub. L. 97–304, § 6(1), designated as par. (1) and the beginning phrase of subpar. (A) thereof the existing provisions consisting of language author- izing the Secretary to permit, under such terms and conditions as he may prescribe, any act otherwise pro- hibited by section 1538 of this title for scientific pur- poses or to enhance the propagation or survival of the affected species, and inserted remainder of par. (1)(A) and pars. (1)(B) and (2). Subsec. (d). Pub. L. 97–304, § 6(2), substituted ‘‘sub- sections (a)(1)(A) and (b) of this section’’ for ‘‘sub- sections (a) and (b)

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

16 U.S.C. § 5306 — Authorization of appropriations

**(a) In general** There is authorized to be appropriated to the Fund $10,000,000 for each of fiscal years 2025 through 2029 to carry out this chapter, to remain available until expended. **(b) Administrative expenses** Of amounts available each fiscal year to carry out this chapter, the Secretary may expend not more than 3 percent or $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this chapter.

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