§6602 — Title 16 Conservation | U.S. Code

Summary

Defines key words used in the chapter so rules about protecting turtles, tortoises, their habitats, and related funds are clear. CITES is the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249). Conservation means the work Fish and Wildlife Service programs use in foreign countries and U.S. territories to protect marine turtles, freshwater turtles, tortoises, and their habitats, such as habitat protection and restoration, on-site research and monitoring, help with management plans, enforcing CITES and foreign laws to stop illegal trade, training local law enforcement, resolving human-wildlife conflicts, community education, and building local conservation capacity. Freshwater turtle is any member of the families Carettochelyidae, Chelidae, Chelydridae, Dermatemydidae, Emydidae, Geoemydidae, Kinosternidae, Pelomedusidae, Platysternidae, Podocnemididae, or Trionychidae, and includes their parts, products, eggs, offspring, and carcasses. Fund is the Marine Turtle Conservation Fund created by section 6604. Habitat means any turtle or tortoise habitat under Fish and Wildlife Service programs, including nesting sites. Marine turtle is any member of the families Cheloniidae or Dermochelyidae, and includes parts, products, eggs, offspring, and carcasses. Multinational Species Conservation Fund refers to the fund set up under the heading “multinational species conservation fund” in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 4246). Secretary means the Secretary of the Interior. Territory of the United States includes American Samoa; the Commonwealth of the Northern Mariana Islands; the Commonwealth of Puerto Rico; Guam; the United States Virgin Islands; and any other U.S. territory or possession. Tortoise is any member of the family Testudinidae and includes parts, products, eggs, offspring, and carcasses.

Title 16, §6602

Conservation — Source: USLM XML via OLRC

In this chapter:

(1)The term “CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249).

(2)The term “conservation” means the use of all methods and procedures necessary to protect marine turtles, freshwater turtles, and tortoises, and the habitats of marine turtles, freshwater turtles, and tortoises, in foreign countries and territories of the United States under the jurisdiction of United States Fish and Wildlife Service programs, including—

(A)protection, restoration, and management of habitats;

(B)onsite research and monitoring of populations, habitats, annual reproduction, and species population trends;

(C)assistance in the development, implementation, and improvement of national and regional management plans for habitat ranges;

(D)enforcement and implementation of CITES and laws of foreign countries—

(i)to protect and manage populations and habitats; and

(ii)to prevent illegal trade of marine turtles;

(E)training of local law enforcement officials in the interdiction and prevention of—

(i)the illegal killing of marine turtles, freshwater turtles, and tortoises; and

(ii)illegal trade in marine turtles;

(F)initiatives to resolve conflicts between humans and marine turtles, freshwater turtles, and tortoises over habitats used by marine turtles, freshwater turtles, and tortoises;

(G)community outreach and education; and

(H)strengthening of the ability of local communities to implement population and habitat conservation programs.

(3)(A)The term “freshwater turtle” means any member of the family Carettochelyidae, Chelidae, Chelydridae, Dermatemydidae, Emydidae, Geoemydidae, Kinosternidae, Pelomedusidae, Platysternidae, Podocnemididae, or Trionychidae.

(B)The term “freshwater turtle” includes—

(i)any part, product, egg, or offspring of a turtle described in subparagraph (A); and

(ii)a carcass of such a turtle.

(4)The term “Fund” means the Marine Turtle Conservation Fund established by section 6604 of this title.

(5)The term “habitat” means any marine turtle, freshwater turtle, or tortoise habitat (including a nesting habitat) that is under the jurisdiction of United States Fish and Wildlife Service programs.

(6)(A)The term “marine turtle” means any member of the family Cheloniidae or Dermochelyidae.

(B)The term “marine turtle” includes—

(i)any part, product, egg, or offspring of a turtle described in subparagraph (A); and

(ii)a carcass of such a turtle.

(7)The term “Multinational Species Conservation Fund” means the fund established under the heading “multinational species conservation fund” in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 4246).

(8)The term “Secretary” means the Secretary of the Interior.

(9)The term “territory of the United States” means—

(A)American Samoa;

(B)the Commonwealth of the Northern Mariana Islands;

(C)the Commonwealth of Puerto Rico;

(D)Guam;

(E)the United States Virgin Islands; and

(F)any other territory or possession of the United States.

(10)(A)The term “tortoise” means any member of the family Testudinidae.

(B)The term “tortoise” includes—

(i)any part, product, egg, or offspring of a tortoise described in subparagraph (A); and

(ii)a carcass of such a tortoise.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Title I of the Department of the Interior and Related Agencies Appropriations Act, 1999, referred to in par. (7), is Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–232. Provisions under the heading “multinational species conservation fund” in Pub. L. 105–277, § 101(e) [title I] appear at 112 Stat. 2681–237 and are classified in part to section 4246 of this title.

Amendments

2019—Par. (2). Pub. L. 116–9, § 7001(c)(3)(B)(i)(I), substituted “marine turtles, freshwater turtles, and tortoises, and the habitats of marine turtles, freshwater turtles, and tortoises, in foreign countries and territories of the United States under the jurisdiction of United States Fish and Wildlife Service programs” for “nesting habitats of marine turtles in foreign countries and of marine turtles in those habitats” in introductory provisions. Par. (2)(A) to (C). Pub. L. 116–9, § 7001(c)(3)(B)(i)(II), struck out “nesting” wherever appearing before “habitats”, “populations”, and “habitat”. Par. (2)(D). Pub. L. 116–9, § 7001(c)(3)(B)(i)(III)(aa), substituted “countries—” for “countries to—” in introductory provisions. Par. (2)(D)(i). Pub. L. 116–9, § 7001(c)(3)(B)(i)(III)(bb), inserted “to” before “protect” and struck out “nesting” before “populations” and before “habitats”. Par. (2)(D)(ii). Pub. L. 116–9, § 7001(c)(3)(B)(i)(III)(cc), inserted “to” before “prevent”. Par. (2)(E)(i). Pub. L. 116–9, § 7001(c)(3)(B)(i)(IV), substituted “turtles, freshwater turtles, and tortoises” for “turtles on nesting habitat”. Par. (2)(F). Pub. L. 116–9, § 7001(c)(3)(B)(i)(V), substituted “turtles, freshwater turtles, and tortoises over habitats used by marine turtles, freshwater turtles, and tortoises” for “turtles over habitat used by marine turtles for nesting”. Par. (2)(H). Pub. L. 116–9, § 7001(c)(3)(B)(i)(VI), struck out “nesting” before “population” and before “habitat”. Pars. (3) to (10). Pub. L. 116–9, § 7001(c)(3)(B)(ii)–(v), added pars. (3), (5), (9), and (10) and redesignated former pars. (3) to (6) as (4), (6), (7), and (8), respectively.

§6602 Definitions