§3377 — Title 16 Conservation | U.S. Code

Summary

Some rules in section 3372(a) do not apply to certain fishing activities. The rule in 3372(a)(1) does not apply to fishing that is managed under a fishery management plan created under the Magnuson‑Stevens Fishery Conservation and Management Act. Parts (1), (2)(A), and (3)(A) also do not apply to activities covered by the Tuna Conventions Act of 1950 or the Atlantic Tunas Convention Act of 1975. They also do not apply to taking highly migratory species (as defined in the Magnuson‑Stevens Act) on the high seas (also defined there) if those species were taken in violation of a foreign nation’s laws and the United States does not accept that nation’s authority. Another rule, 3372(a)(2), does not apply to moving legally taken fish, wildlife, or plants through Indian country (see section 1151 of title 18) or through a State when the shipment is going to a State where possession of those items is legal.

Title 16, §3377

Conservation — Source: USLM XML via OLRC

(a)The provisions of paragraph (1) of section 3372(a) of this title shall not apply to any activity regulated by a fishery management plan in effect under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(b)The provisions of paragraphs (1), (2)(A), and (3)(A) of section 3372(a) of this title shall not apply to—

(1)any activity regulated by the Tuna Conventions Act of 1950 (16 U.S.C. 951–961) or the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971–971(h) 11 So in original. Probably was meant to be “971–971h”.); or

(2)any activity involving the harvesting of highly migratory species (as defined in paragraph (14) of section 3 22 See References in Text note below. of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1802(14)]) taken on the high seas (as defined in paragraph (13) of such section 3) if such species are taken in violation of the laws of a foreign nation and the United States does not recognize the jurisdiction of the foreign nation over such species.

(c)The provisions of paragraph (2) of section 3372(a) of this title shall not apply to the interstate shipment or transshipment through Indian country as defined in section 1151 of title 18 or a State of any fish or wildlife or plant legally taken if the shipment is en route to a State in which the fish or wildlife or plant may be legally possessed.

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Editorial Notes

References in Text

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 1801 of this title and Tables. The Tuna Conventions Act of 1950, referred to in subsec. (b)(1), is act Sept. 7, 1950, ch. 907, 64 Stat. 777, which is classified generally to chapter 16 (§ 951 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 951 of this title and Tables. The Atlantic Tunas Convention Act of 1975, referred to in subsec. (b)(1), is Pub. L. 94–70, Aug. 5, 1975, 89 Stat. 385, which is classified generally to chapter 16A (§ 971 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 971 of this title and Tables. section 3 of the Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(2), was subsequently amended, and pars. (13) and (14) of section 3 no longer define the terms “high seas” and “highly migratory species”. However, such terms are defined elsewhere in that section. Codification “Magnuson-Stevens Fishery Conservation and Management Act” substituted for “Fishery Conservation and Management Act of 1976” in subsecs. (a) and (b)(2), on authority of Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, which provided that all references to the Fishery Conservation and Management Act of 1976 be redesignated as references to the Magnuson Fishery Conservation and Management Act and Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, which provided that all references to the Magnuson Fishery Conservation and Management Act be redesignated as references to the Magnuson-Stevens Fishery Conservation and Management Act.

§3377 Exceptions

Summary

Title 16, §3377

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References in Text

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