16 U.S.C. § 2436: Regulations

Summary

The Secretary of Commerce must make the rules needed to carry out this chapter. Before issuing rules, the Secretary must consult the Secretary of State, the head of the department that runs the Coast Guard, and other relevant agency leaders. If the Secretary of State tells the Commission about a conservation measure that the Commission adopted, that has been in effect 12 months or less, and on which no objection was filed in the time allowed under Article IX of the Convention, the Secretary of Commerce may publish a final rule in the Federal Register without following parts of the normal rulemaking process. Once published, that conservation measure becomes effective for the United States.

Title 16, §2436

Conservation, Source: USLM XML via OLRC

(a)In general

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)Regulations to implement conservation measures

(1)In general

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, does not notify Commission in accordance with section 2434(a)(1) of this title within the time period allotted for objections under Article IX of the Convention.

(2)Entering into force

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