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16 U.S.C. § 5305c — Advisory group

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

16 U.S.C. § 5305c — Advisory group

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Stable record: federal_law:legal_authorities:usc2024-6a1841e668fc1c04e88ebc87
Source file: Laws/federal/codes/united-states-code-2024/title-16/section-5305c-advisory-group--e06cb23508.md
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Source location: USCODE-2024-title16-chap73-sec5305c.pdf

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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.)

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1540

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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)

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1540

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

16 U.S.C. § 5305c — Advisory group

**(a) In general** To assist in carrying out this chapter, the Secretary may convene an advisory group consisting 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 11 So in original. Probably should not be capitalized. shall— (A) ensure that each meeting of the advisory group is open to the public; and (B) provide, at each meeting, an opportunity 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 advisory group.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5305c

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