§2436 — Title 16 Conservation | U.S. Code

Summary

The Secretary of Commerce must write the rules needed to carry out this chapter. Before doing so, the Secretary must talk with the Secretary of State, the head of the department that runs the Coast Guard, and other relevant federal agency leaders. The Commerce Secretary may publish a final rule in the Federal Register, even if the usual rule-making steps in section 553(b), (c), and (d) of title 5 would not apply, to put into effect a conservation measure the Secretary of State has notified the Commission about under section 2434(a)(1), if the measure has been in effect 12 months or less, was adopted by the Commission, and the Secretary of State does not notify the Commission under section 2434(a)(1) within the time for objections under Article IX of the Convention. Once published, the measure takes effect in the United States.

Title 16, §2436

Conservation — Source: USLM XML via OLRC

(a)The Secretary of Commerce, after consultation with the Secretary of State, the Secretary of the department in which the Coast Guard is operating, and the heads of other appropriate departments or agencies of the United States, shall promulgate such regulations as are necessary and appropriate to implement the provisions of this chapter.

(b)(1)Notwithstanding subsections (b), (c), and (d) of section 553 of title 5, the Secretary of Commerce may publish in the Federal Register a final regulation to implement any conservation measure for which the Secretary of State notifies the Commission under section 2434(a)(1) of this title—

(A)that has been in effect for 12 months or less;

(B)that is adopted by the Commission; and

(C)with respect to which the Secretary of State,11 So in original. The comma probably should not appear. does not notify Commission 22 So in original. Probably should be preceded by “the”. in accordance with section 2434(a)(1) of this title within the time period allotted for objections under Article IX of the Convention.

(2)Upon publication of such regulation in the Federal Register, such conservation measure shall enter into force with respect to the United States.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Pub. L. 114–81 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

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 relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§2436 Regulations