Legal Authorities

Legal Authorities

DS-2031

Pub. L. 101-162, title VI, section 609, Nov. 21, 1989, 103 Stat. 1037 U.S.C. 1182 (note to 16 U.S.C. 1537) Delegation Of Authority Regarding Certification Of Countries Exporting Shrimp To United States : http://www.gpo.gov/fdsys/pkg/USCODE-2011-title16/pdf/USCODE-2011-title16-chap35-sec1537.pdf. (See attachment following)

Page 1803 TITLE 16—CONSERVATION § 1537

d

‘‘(C) a full report on—

‘‘(i) the results of his efforts under this section;

and

‘‘(ii) the status of measures taken by each nation

listed pursuant to paragraph (A) or (B) to

protect and conserve such sea turtles.

‘‘(b)(1) IN GENERAL.—The importation of shrimp or

products from shrimp which have been harvested with

commercial fishing technology which may affect adversely

such species of sea turtles shall be prohibited

not later than May 1, 1991, except as provided in paragraph

(2).

‘‘(2) CERTIFICATION PROCEDURE.—The ban on importation

of shrimp or products from shrimp pursuant to

paragraph (1) shall not apply if the President shall determine

and certify to the Congress not later than May

1, 1991, and annually thereafter that—

‘‘(A) the government of the harvesting nation has

provided documentary evidence of the adoption of a

regulatory program governing the incidental taking

of such sea turtles in the course of such harvesting

that is comparable to that of the United States; and

‘‘(B) the average rate of that incidental taking by

the vessels of the harvesting nation is comparable to

the average rate of incidental taking of sea turtles by

United States vessels in the course of such harvesting;

or

‘‘(C) the particular fishing environment of the harvesting

nation does not pose a threat of the incidental

taking of such sea turtles in the course of such

harvesting.’’

EXECUTIVE ORDER NO. 11911

Ex. Ord. No. 11911, Apr. 13, 1976, 41 F.R. 15683, which

provided that for purposes of the Convention on International

Trade in Endangered Species of Wild Fauna

and Flora the Secretary of the Interior be designated as

the Management Authority and established the Endangered

Species Scientific Authority as the Scientific Authority,

with the Secretary of the Interior designated

to act on behalf of the United States in all regards as

required by the Convention on Nature Protection and

Wildlife Preservation in the Western Hemisphere, was

revoked by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R.

34617.

DELEGATION OF AUTHORITY REGARDING CERTIFICATION OF

COUNTRIES EXPORTING SHRIMP TO UNITED STATES

Memorandum of the President of the United States,

Dec. 19, 1990, 56 F.R. 357, provided:

Memorandum for the Secretary of State

By virtue of the authority vested in me by the Constitution

and laws of the United States of America, including

section 609 of the Departments of Commerce,

Justice, and State, the Judiciary, and Related Agencies

Appropriations Act, 1990 (Public Law 101–162) [set out

above], and section 301 of title 3 of the United States

Code, I hereby delegate to the Secretary of State the

functions vested in me by section 609(b) of that Act.

The authority delegated by this memorandum may be

further redelegated within the Department of State.

The Secretary of State is authorized and directed to

publish this memorandum in the Federal Register.

GEORGE BUSH.

§ 1537a. Convention implementation

(a) Management Authority and Scientific Authority

The Secretary of the Interior (hereinafter in

this section referred to as the ‘‘Secretary’’) is

designated as the Management Authority and

the Scientific Authority for purposes of the Convention

and the respective functions of each

such Authority shall be carried out through the

United States Fish and Wildlife Service.

(b) Management Authority functions

The Secretary shall do all things necessary

and appropriate to carry out the functions of the

Management Authority under the Convention.

(c) Scientific Authority functions; determinations

(1) The Secretary shall do all things necessary

and appropriate to carry out the functions of the

Scientific Authority under the Convention.

(2) The Secretary shall base the determinations

and advice given by him under Article IV

ent alternatives specified in any opinion referred to in

this subsection through appropriate agreements with

any such Federal agency, prospective permit or license

applicant, or other interested party.

‘‘(f) CONSTRUCTION.—For purposes of implementing

the plan, no act by the Service, an authorized State

agency, or an authorized agent of the Service or such

an agency with respect to a sea otter that is necessary

to effect the relocation or management of any sea otter

under the plan may be treated as a violation of any

provision of the Act or the Marine Mammal Protection

Act of 1972 (16 U.S.C. 1361 et seq.).’’

§ 1537. International cooperation

(a) Financial assistance

As a demonstration of the commitment of the

United States to the worldwide protection of endangered

species and threatened species, the

President may, subject to the provisions of section

1306 of title 31, use foreign currencies accruing

to the United States Government under the

Food for Peace Act [7 U.S.C. 1691 et seq.] or any

other law to provide to any foreign country

(with its consent) assistance in the development

and management of programs in that country

which the Secretary determines to be necessary

or useful for the conservation of any endangered

species or threatened species listed by the Secretary

pursuant to section 1533 of this title. The

President shall provide assistance (which includes,

but is not limited to, the acquisition, by

lease or otherwise, of lands, waters, or interests

therein) to foreign countries under this section

under such terms and conditions as he deems appropriate.

Whenever foreign currencies are

available for the provision of assistance under

this section, such currencies shall be used in

preference to funds appropriated under the authority

of section 1542 of this title.

(b) Encouragement of foreign programs

In order to carry out further the provisions of

this chapter, the Secretary, through the Secretary

of State, shall encourage—

(1) foreign countries to provide for the conservation

of fish or wildlife and plants including

endangered species and threatened species

listed pursuant to section 1533 of this title;

(2) the entering into of bilateral or multilateral

agreements with foreign countries to

provide for such conservation; and

(3) foreign persons who directly or indirectly

take fish or wildlife or plants in foreign countries

or on the high seas for importation into

the United States for commercial or other

purposes to develop and carry out with such

assistance as he may provide, conservation

practices designed to enhance such fish or

wildlife or plants and their habitat.

(c) Personnel

After consultation with the Secretary of

State, the Secretary may—

(1) assign or otherwise make available any

officer or employee of his department for the

purpose of cooperating with foreign countries

and international organizations in developing

personnel resources and programs which promote

the conservation of fish or wildlife or

plants; and

(2) conduct or provide financial assistance

for the educational training of foreign personnel,

in this country or abroad, in fish, wildlife,

or plant management, research and law enforcement

and to render professional assistance

abroad in such matters.

(d) Investigations

of the Convention with respect to wildlife upon

the best available biological information derived

from professionally accepted wildlife management

practices; but is not required to make, or

require any State to make, estimates of population

size in making such determinations or

giving such advice.

(d) Reservations by the United States under Convention

If the United States votes against including

any species in Appendix I or II of the Convention

and does not enter a reservation pursuant to

paragraph (3) of Article XV of the Convention

with respect to that species, the Secretary of

State, before the 90th day after the last day on

which such a reservation could be entered, shall

submit to the Committee on Merchant Marine

and Fisheries of the House of Representatives,

and to the Committee on the Environment and

Public Works of the Senate, a written report

setting forth the reasons why such a reservation

was not entered.

(e) Wildlife preservation in Western Hemisphere

(1) The Secretary of the Interior (hereinafter

in this subsection referred to as the ‘‘Secretary’’),

in cooperation with the Secretary of

State, shall act on behalf of, and represent, the

United States in all regards as required by the

Convention on Nature Protection and Wildlife

Preservation in the Western Hemisphere (56

Stat. 1354, T.S. 982, hereinafter in this subsection

referred to as the ‘‘Western Convention’’).

In the discharge of these responsibilities,

the Secretary and the Secretary of State shall

consult with the Secretary of Agriculture, the

Secretary of Commerce, and the heads of other

agencies with respect to matters relating to or

affecting their areas of responsibility.

(2) The Secretary and the Secretary of State

shall, in cooperation with the contracting parties

to the Western Convention and, to the extent

feasible and appropriate, with the participation

of State agencies, take such steps as are

necessary to implement the Western Convention.

Such steps shall include, but not be limited

to—

(A) cooperation with contracting parties and

international organizations for the purpose of