16 U.S.C. § 5001 — Purpose

Page 2522 TITLE 16—CONSERVATION § 4914 attention to species that are subject to an im- port moratorium or quota under this chapter, in order to assist those countries in the develop- ment and implementation of conservation man- agement programs, or law enforcement, or both. (b) Fund (1) Establishment There is established in the Treasury a sepa- rate account, which shall be known as the ‘‘Exotic Bird Conservation Fund’’. (2) Contents The Fund shall consist of— (A) all amounts received by the United States in the form of penalties, fines, or for- feiture of property collected under this chap- ter in excess of the cost of paying rewards under section 4912(c) of this title; (B) donations received by the Secretary for exotic bird conservation; and (C) such amounts as are appropriated to the Secretary for conserving exotic birds. (c) Review and report on other conservation op- portunities The Secretary, in consultation with appro- priate representatives of industry, the conserva- tion community, the Secretariat of the Conven- tion, and other national and international bod- ies, shall— (1) review opportunities for a voluntary pro- gram of labeling exotic birds, certification of exotic bird breeding facilities and retail out- lets, and provision of privately organized or funded technical assistance to other nations; and (2) report to the Congress the results of this review within 2 years after October 23, 1992. (Pub. L. 102–440, title I, § 114, Oct. 23, 1992, 106 Stat. 2232.) § 4914. Marking and recordkeeping (a) In general The Secretary is authorized to promulgate regulations to require marking or recordkeeping that the Secretary determines will contribute significantly to the ability of the Secretary to ensure compliance with the prohibitions of sec- tion 4910 of this title, for— (1) any exotic bird that is imported after Oc- tober 23, 1992; or (2) any other exotic bird that is— (A) hatched after October 23, 1992; (B) offered for sale; and (C) of a species— (i) the export of which from any country of origin is prohibited; and (ii) that is subject to a high level of ille- gal trade. (b) Avoiding deterrence of breeding The Secretary shall seek to ensure that regu- lations promulgated under this section will not have the effect of deterring captive breeding of exotic birds. (Pub. L. 102–440, title I, § 115, Oct. 23, 1992, 106 Stat. 2232.) § 4915. Authorization of appropriations There are authorized to be appropriated to the Secretary $5,000,000 for each of the fiscal years 1993, 1994, and 1995 to carry out this chapter, to remain available until expended. (Pub. L. 102–440, title I, § 116, Oct. 23, 1992, 106 Stat. 2233.) § 4916. Relationship to State law Nothing in this chapter may be construed as precluding the regulation under State law of the sale, transfer, or possession of exotic birds if such regulation— (1) does not authorize any sale, transfer, or possession of exotic birds that is prohibited under this chapter; and (2) is consistent with the international obli- gations of the United States. (Pub. L. 102–440, title I, § 117, Oct. 23, 1992, 106 Stat. 2233.) CHAPTER 70—NORTH PACIFIC ANADROMOUS STOCKS CONVENTION Sec. 5001. Purpose. 5002. Definitions. 5003. United States Commissioners. 5004. Advisory Panel. 5005. Commission recommendations. 5006. Administration and enforcement of Conven- tion. 5007. Cooperation with other agencies. 5008. Enforcement provisions. 5009. Unlawful activities. 5010. Additional prohibitions and enforcement. 5011. Funding requirements. 5012. Disposition of property. § 5001. Purpose It is the purpose of this chapter to implement the Convention for the Conservation of Anad- romous Stocks in the North Pacific Ocean, signed in Moscow, February 11, 1992. (Pub. L. 102–567, title VIII, § 802, Oct. 29, 1992, 106 Stat. 4309; Pub. L. 102–587, title VIII, § 8002, Nov. 4, 1992, 106 Stat. 5098; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title VIII of Pub. L. 102–567, which is classified generally to this chapter. For complete classification of title VIII to the Code, see Short Title note below and Tables. CODIFICATION Title VIII of Pub. L. 102–567 and Pub. L. 102–587 en- acted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 102–587, title VIII, § 8001, Nov. 4, 1992, 106 Stat. 5098, which provided that title VIII of Pub. L. 102–587, which enacted this chapter and repealed sections 1021 to 1023, 1025 to 1027, 1029, 1030, and 1032 to 1035 of this title and provisions set out as notes under section 1021 of this title, could be cited as the ‘‘North Pacific Anad- romous Stocks Convention Act of 1992’’, was repealed by Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806. Pub. L. 102–567, title VIII, § 801, Oct. 29, 1992, 106 Stat. 4309, provided that: ‘‘This title [enacting this chapter Page 2523 TITLE 16—CONSERVATION § 5003 1 So in original. Probably should not be capitalized. and repealing sections 1021 to 1023, 1025 to 1027, 1029, 1030, and 1032 to 1035 of this title and provisions set out as notes under section 1021 of this title] may be cited as the ‘North Pacific Anadromous Stocks Act of 1992’.’’ § 5002. Definitions As used in this chapter, the term— (1) ‘‘Anadromous stocks’’ means stocks of species listed in the Annex to the Convention that migrate into the Convention area. (2) ‘‘Anadromous fish’’ means fish of the spe- cies listed in the Annex to the Convention that migrate into the Convention area. (3) ‘‘Authorized officer’’ means a law en- forcement official authorized to enforce this chapter under section 5008(a) of this title. (4) ‘‘Commission’’ means the North Pacific Anadromous Fish Commission provided for by article VIII of the Convention. (5) ‘‘Convention’’ means the Convention for the Conservation of Anadromous Stocks of the North Pacific Ocean, signed in Moscow, Feb- ruary 11, 1992. (6) ‘‘Convention area’’ means the waters of the North Pacific Ocean and its adjacent seas, north of 33 degrees North Latitude,1 beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. (7) ‘‘Directed fishing’’ means fishing tar- geted at a particular species or stock of fish. (8) ‘‘Ecologically related species’’ means liv- ing marine species which are associated with anadromous stocks found in the Convention area, including, but not restricted to, both predators and prey of anadromous fish. (9) ‘‘Enforcement officer’’ means a law en- forcement official authorized by any Party to enforce this chapter. (10) ‘‘Exclusive economic zone’’ means the zone established by Proclamation Numbered 5030, dated March 10, 1983. For purposes of ap- plying this chapter, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States. (11) ‘‘Fish’’ means finfish, mollusks, crusta- ceans, and all other forms of marine animal and plant life other than marine mammals and birds. (12) ‘‘Fishing’’ means— (A) the catching, taking, or harvesting of fish, or any other activity that can reason- ably be expected to result in the catching, taking, or harvesting of fish; or (B) any operation at sea in preparation for or in direct support of any activity described in subparagraph (A). (13) ‘‘Fishing vessel’’ means— (A) any vessel engaged in catching fish within the Convention area or in processing or transporting fish loaded in the Conven- tion area; (B) any vessel outfitted to engage in any activity described in subparagraph (A); (C) any vessel supporting a vessel de- scribed in subparagraph (A) or (B). (14) ‘‘Incidental taking’’ means catching, taking, or harvesting a species or stock of fish while conducting directed fishing for another species or stock of fish. (15) ‘‘Party’’ means Canada, Japan, the Rus- sian Federation, the United States, and any other nation that may accede to the Conven- tion. (16) ‘‘Secretary’’ means the Secretary of State. (17) ‘‘United States Section’’ means the United States Commissioners of the Commis- sion. (Pub. L. 102–567, title VIII, § 803, Oct. 29, 1992, 106 Stat. 4309; Pub. L. 102–587, title VIII, § 8003, Nov. 4, 1992, 106 Stat. 5098; Pub. L. 104–43, title IV, § 404(b), Nov. 3, 1995, 109 Stat. 391; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.) Editorial Notes REFERENCES IN TEXT Proclamation Numbered 5030, dated March 10, 1983, referred to in par. (10), is set out as a note under sec- tion 1453 of this title. CODIFICATION Title VIII of Pub. L. 102–567 and Pub. L. 102–587 en- acted substantially identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562. AMENDMENTS 1995—Par. (13)(C). Pub. L. 104–43 amended subpar. (C) generally. Prior to amendment, subpar. (C) read as fol- lows: ‘‘any vessel described in subparagraph (A) or (B).’’ § 5003. United States Commissioners (a) Commissioners The United States shall be represented on the Commission by not more than three United States Commissioners to be appointed by and serve at the pleasure of the President. Each United States Commissioner shall be appointed for a term of office not to exceed 4 years, but is eligible for reappointment. Individuals serving as such Commissioners shall not be considered to be Federal employees while performing such service, except for purposes of injury compensa- tion or tort claims liability as provided in chap- ter 81 of title 5 and chapter 171 of title 28. Of the Commissioners— (1) one shall be an official of the United States Government; (2) one shall be a resident of the State of Alaska; and (3) one shall be a resident of the State of Washington. An individual is not eligible for appointment under paragraph (2) or (3) as a Commissioner un- less the individual is knowledgeable or experi- enced concerning the anadromous stocks and ecologically related species of the North Pacific Ocean. (b) Alternate Commissioners The Secretary, in consultation with the Sec- retary of Commerce, may designate from time to time Alternate United States Commissioners to the Commission. An Alternate United States Commissioner may exercise all designated pow- ers and duties of a United States Commissioner in the absence of a duly designated Commis- sioner for whatever reason. The number of such