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19 U.S.C. § 4714 — Enforcement actions
Federal law — U.S. Code and appendices · legal_authorities
Page 1172
TITLE 19—CUSTOMS DUTIES
§ 4714
1 See References in Text note below.
on a quarterly basis, consult with the appro-
priate
congressional
committees
and
the
Trade and Environment Policy Advisory Com-
mittee (or successor advisory committee) es-
tablished under section 2155(c)(1) of this title
regarding the public comments and relevant
information described in paragraph (1) and the
actions taken under paragraph (2).
(e) Application
Subsections (c) and (d) shall apply with re-
spect to Mexico for such time as the USMCA is
in force with respect to, and the United States
applies the USMCA to, Mexico.
(Pub. L. 116–113, title VIII, § 813, Jan. 29, 2020, 134
Stat. 92.)
§ 4714. Enforcement actions
The Interagency Environment Committee—
(1) may request the Trade Representative to,
within a reasonable period of time, request
consultations under—
(A) article 24.29 of the USMCA (relating to
environment consultations) with respect to
the USMCA country; or
(B) articles 31.4 and 31.6 of the USMCA (re-
lating to dispute settlement consultations)
with respect to the USMCA country; or
(2) may request the heads of other Federal
agencies described in section 4715 of this title
to initiate monitoring or enforcement actions
with respect to the USMCA country under the
provisions of law described in section 4715 of
this title.
(Pub. L. 116–113, title VIII, § 814, Jan. 29, 2020, 134
Stat. 93.)
§ 4715. Other monitoring and enforcement ac-
tions
(a) Marine Mammal Protection Act
The Secretary of Commerce has authority to
take appropriate monitoring or enforcement ac-
tions under the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1361 et seq.).
(b) Magnuson-Stevens Fishery Conservation and
Management Act
The Secretary of Commerce has authority to
take
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Page 1172
TITLE 19—CUSTOMS DUTIES
§ 4714
1 See References in Text note below.
on a quarterly basis, consult with the appro-
priate
congressional
committees
and
the
Trade and Environment Policy Advisory Com-
mittee (or successor advisory committee) es-
tablished under section 2155(c)(1) of this title
regarding the public comments and relevant
information described in paragraph (1) and the
actions taken under paragraph (2).
(e) Application
Subsections (c) and (d) shall apply with re-
spect to Mexico for such time as the USMCA is
in force with respect to, and the United States
applies the USMCA to, Mexico.
(Pub. L. 116–113, title VIII, § 813, Jan. 29, 2020, 134
Stat. 92.)
§ 4714. Enforcement actions
The Interagency Environment Committee—
(1) may request the Trade Representative to,
within a reasonable period of time, request
consultations under—
(A) article 24.29 of the USMCA (relating to
environment consultations) with respect to
the USMCA country; or
(B) articles 31.4 and 31.6 of the USMCA (re-
lating to dispute settlement consultations)
with respect to the USMCA country; or
(2) may request the heads of other Federal
agencies described in section 4715 of this title
to initiate monitoring or enforcement actions
with respect to the USMCA country under the
provisions of law described in section 4715 of
this title.
(Pub. L. 116–113, title VIII, § 814, Jan. 29, 2020, 134
Stat. 93.)
§ 4715. Other monitoring and enforcement ac-
tions
(a) Marine Mammal Protection Act
The Secretary of Commerce has authority to
take appropriate monitoring or enforcement ac-
tions under the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1361 et seq.).
(b) Magnuson-Stevens Fishery Conservation and
Management Act
The Secretary of Commerce has authority to
take appropriate monitoring or enforcement ac-
tions under the following provisions of law:
(1) The Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1801 et
seq.).
(2) The Magnuson-Stevens Fishery Conserva-
tion and Management Reauthorization Act of
2006 (16 U.S.C. 1891 et seq.).
(3) The High Seas Driftnet Fishing Morato-
rium Protection Act (16 U.S.C. 1826d et seq.).
(4) The Shark Conservation Act of 2010 (16
U.S.C. 1826k note; 1857 note).
(5) The Shark Finning Prohibition Act (16
U.S.C. 1822 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 sec-
tion 8 of the Fishermen’s Protective Act of 1967
(22 U.S.C. 1978).
(d) Agreement on Port State Measures To Pre-
vent, Deter and Eliminate Illegal, Unreported
and Unregulated Fishing
The Secretary of Commerce has authority to
take appropriate monitoring or enforcement ac-
tions under the Port State Measures Agreement
Act of 2015 (16 U.S.C. 7401 et seq.).
(e) Endangered Species Act
The Secretary of Agriculture, the Secretary of
the Interior, the Secretary of Homeland Secu-
rity, the Secretary of Commerce, and the Sec-
retary of the Treasury have authority to take
appropriate monitoring or enforcement actions
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(f) Lacey Act
The Secretary of Agriculture, the Secretary of
Commerce, the Secretary of the Interior, the
Secretary of Homeland Security, and the Sec-
retary of the Treasury have authority to take
appropriate monitoring or enforcement actions
under the Lacey Act Amendments of 1981 (16
U.S.C. 3371 et seq.).
(g) Migratory Bird Treaty Act
The Secretary of the Interior has authority to
take appropriate monitoring or enforcement ac-
tions under the Migratory Bird Treaty Act of
1918 1 (16 U.S.C. 703 et seq.).
(h) Eliminate, Neutralize, and Disrupt Wildlife
Trafficking Act
The Secretary of State, the Secretary of the
Interior, the Attorney General, and Adminis-
trator of the United States Agency for Inter-
national Development have authority to take
appropriate monitoring or enforcement actions
under the Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Act of 2016 (16 U.S.C. 7601 et
seq.).
(i) Wild Bird Conservation Act
The Secretary of the Interior has authority to
take appropriate monitoring or enforcement ac-
tions under the Wild Bird Conservation Act of
1992 (16 U.S.C. 4901 et seq.).
(j) Customs seizure and other authorities
The Secretary of Homeland Security has au-
thority to take appropriate monitoring or en-
forcement actions under section 1499 of this title
or section 1595a of this title.
(k) Other relevant provisions of law
The Interagency Environment Committee may
request the heads of other Federal agencies to
take appropriate monitoring or enforcement ac-
tions under other relevant provisions of law.
(l) Rule of construction
Nothing in this section may be construed to
supersede or otherwise limit in any manner the
functions or authority of the head of any Fed-
eral agency described in this section under any
other provision of law.
(Pub. L. 116–113, title VIII, § 815, Jan. 29, 2020, 134
Stat. 93.)
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1361
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1361
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Page 1991
TITLE 16—CONSERVATION
§ 1801
Sec.
1826k.
Equivalent conservation measures.
1827.
Observer program regarding certain foreign
fishing.
1827a.
Prohibition on sale of billfish.
1828.
Foreign fishing incursions.
1829.
International monitoring and compliance.
SUBCHAPTER IV—NATIONAL FISHERY
MANAGEMENT PROGRAM
1851.
National standards for fishery conservation
and management.
1852.
Regional Fishery Management Councils.
1853.
Contents of fishery management plans.
1853a.
Limited access privilege programs.
1854.
Action by Secretary.
1855.
Other requirements and authority.
1856.
State jurisdiction.
1857.
Prohibited acts.
1858.
Civil penalties and permit sanctions.
1859.
Criminal offenses.
1860.
Civil forfeitures.
1861.
Enforcement.
1861a.
Transition to sustainable fisheries.
1861b.
Fisheries enforcement plans and reporting.
1862.
North Pacific fisheries conservation.
1863.
Northwest Atlantic Ocean Fisheries Reinvest-
ment Program.
1864.
Repealed.
1865.
Bycatch reduction engineering program.
1866.
Shark feeding.
1867.
Cooperative research and management pro-
gram.
1868.
Herring study.
1869.
Restoration study.
SUBCHAPTER V—FISHERY MONITORING AND
RESEARCH
1881.
Registration and information management.
1881a.
Information collection.
1881b.
Observers.
1881c.
Fisheries research.
1881d.
Incidental harvest research.
1882.
Fisheries systems research.
1883.
Gulf of Mexico red snapper research.
1884.
Deep sea coral research and technology pro-
gram.
1885.
Seafood import monitoring program.
1885a.
Report on Seafood Import Monitoring Pro-
gram.
SUBCHAPTER VI—MISCELLANEOUS
1891.
Investment in United States seafood proc-
essing facilities.
1891a.
Community-based restoration program for
fishery and coast
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1801
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1801. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1822
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Federal law — U.S. Code and appendices · legal_authorities
Page 2012
TITLE 16—CONSERVATION
§ 1822
U.S.C. 1821, 1824, and 1857(2)), foreign fishing may be
conducted pursuant to the Treaty between the Govern-
ment of the United States of America and the Govern-
ment of Canada on Pacific Coast Albacore Tuna Vessels
and Port Privileges, signed at Washington May 26, 1981,
including its Annexes and any amendments thereto.
‘‘(b) REGULATIONS.—The Secretary of Commerce, with
the concurrence of the Secretary of State, may—
‘‘(1) promulgate regulations necessary to discharge
the obligations of the United States under the Treaty
and its Annexes; and
‘‘(2) provide for the application of any such regula-
tion to any person or vessel subject to the jurisdic-
tion of the United States, wherever that person or
vessel may be located.
‘‘(c) ENFORCEMENT.—
‘‘(1) IN
GENERAL.—The Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.) shall be enforced as if subsection (a) were a pro-
vision of that Act. Any reference in the Magnuson-
Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.) to ‘this Act’ or to any provi-
sion of that Act, shall be considered to be a reference
to that Act as it would be in effect if subsection (a)
were a provision of that Act.
‘‘(2) REGULATIONS.—The regulations promulgated
under subsection (b), shall be enforced as if—
‘‘(A) subsection (a) were a provision of the Mag-
nuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.); and
‘‘(B) the regulations were promulgated under that
Act.’’
FOREIGN FISHING FOR ATLANTIC HERRING AND
MACKEREL
Pub. L. 104–43, title VIII, § 802, Nov. 3, 1995, 109 Stat.
396, as amended by Pub. L. 104–208, div. A, title I,
§ 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009,
3009–41, provided that:
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1822
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Federal law — U.S. Code and appendices · legal_authorities
The United States, or any agency or official acting on behalf of the United States, may not enter into any international agreement with respect to the conservation and management of living marine resources or the use of the high seas by fishing vessels that would prevent full implementation of the global moratorium on large-scale driftnet fishing on the high seas, as such moratorium is expressed in Resolution 46/215 of the United Nations General Assembly.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1826d
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Federal law — U.S. Code and appendices · legal_authorities
Page 2033
TITLE 16—CONSERVATION
§ 1826f
means a method of fishing in which a gillnet
composed of a panel or panels of webbing, or
a series of such gillnets, with a total length
of two and one-half kilometers or more is
placed in the water and allowed to drift with
the currents and winds for the purpose of en-
tangling fish in the webbing.
(B) Exception
Until January 1, 1994, the term ‘‘large-
scale driftnet fishing’’ does not include the
use in the northeast Atlantic Ocean of
gillnets with a total length not to exceed
five kilometers if the use is in accordance
with regulations adopted by the European
Community pursuant to the October 28, 1991,
decision by the Council of Fisheries Min-
isters of the Community.
(3) Large-scale driftnet fishing vessel
The term ‘‘large-scale driftnet fishing ves-
sel’’ means any vessel which is—
(A) used for, equipped to be used for, or of
a type which is normally used for large-scale
driftnet fishing; or
(B) used for aiding or assisting one or more
vessels at sea in the performance of large-
scale driftnet fishing, including preparation,
supply,
storage,
refrigeration,
transpor-
tation, or processing.
(Pub. L. 102–582, title I, § 104, Nov. 2, 1992, 106
Stat. 4903.)
Editorial Notes
REFERENCES IN TEXT
Sections 1826a to 1826c of this title, referred to in
text, was in the original ‘‘this title’’, meaning title I of
Pub. L. 102–582, Nov. 2, 1992, 106 Stat. 4901, which en-
acted sections 1826a to 1826c of this title and amended
section 1371 of this title. For complete classification of
title I to the Code, see Tables.
CODIFICATION
Section was enacted as part of the High Seas Driftnet
Fisheries Enforcement Act, and not as part of the Mag-
nuson-Stevens Fishery Conservation and Management
Act which comprises t
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1826d
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1826d. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1826k
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Federal law — U.S. Code and appendices · legal_authorities
Page 2041
TITLE 16—CONSERVATION
§ 1826k
considers necessary and appropriate under sections
1852(a)(3) and 1854(g) of this title, see section 104 of Pub.
L. 111–348, set out as a note under section 1826i of this
title.
§ 1826k. Equivalent conservation measures
(a) Identification
(1) In general
The Secretary shall identify and list in the
report under section 1826h of this title—
(A) a nation if—
(i) any fishing vessel of that nation is en-
gaged, or has been engaged during the 3
years preceding the date of the determina-
tion, in fishing activities or practices on
the high seas or within the exclusive eco-
nomic zone of any nation, that have re-
sulted in bycatch of a protected living ma-
rine resource; and
(ii) the vessel’s flag state has not adopt-
ed, implemented, and enforced a regu-
latory program governing such fishing de-
signed to end or reduce such bycatch that
is comparable in effectiveness to the regu-
latory program of the United States, tak-
ing into account differing conditions; and
(B) a nation if—
(i) any fishing vessel of that nation is en-
gaged, or has engaged during the 3 years
preceding the date of the determination, in
fishing activities on the high seas or with-
in the exclusive economic zone of another
nation that target or incidentally catch
sharks; and
(ii) the vessel’s flag state has not adopt-
ed, implemented, and enforced a regu-
latory program to provide for the con-
servation 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 Sec-
retary has sufficient information to make
such identification
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1826k
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1826k. This identifies an authority to review, not proof of applicability.