16 U.S.C. § 2434

Conservation measures; system of observation and inspection

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(a) Conservation measures(1) The Secretary of State, with the concurrence of the Secretary of Commerce and the Director of the National Science Foundation, is authorized—(A) to decide on behalf of the United States whether the United States is unable to accept or can no longer accept a conservation measure adopted by the Commission pursuant to article IX of the Convention, and(B) to notify the Commission of any such decision in accordance with article IX of the Convention.(2) The Secretary of State shall—(A) publish in the Federal Register, if practicable, timely notice of each proposed decision under paragraph (1) and invite written public comment regarding it; and(B) publish in the Federal Register notice of each notification made to the Commission under paragraph (1).(b) System of observation and inspection

The Secretary of State, with the concurrence of the Secretary of Commerce, the Director of the National Science Foundation and the Secretary of the department in which the Coast Guard is operating, is authorized to agree on behalf of the United States to the establishment of a system of observation and inspection, and to interim arrangements pending establishment of such a system, pursuant to article XXIV of the Convention.

The Secretary of State is further authorized to receive, on behalf of the United States Government, reports, requests, and other communications from the Commission and to take appropriate action on them, either directly or by reference to the appropriate authority.

(Pub. L. 98–623, title III, § 305, Nov. 8, 1984, 98 Stat. 3400.)Statutory Notes and Related SubsidiariesTransfer 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 sections 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.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: S. Cross Seafoods, LLC v. United States, 2023 CIT 171 (Ct. Intl. Trade 2023).

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S. Cross Seafoods, LLC v. United States, 2023 CIT 171 (Ct. Intl. Trade 2023). “16 U.S.C. § 2434 (a). The U.S. government could change its position with respect to the requirement of adhering to conservation measures for the approval or preapproval of applications to import toothfish from Subarea 48.”

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