16 U.S.C. § 2436

Regulations

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(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 generalNotwithstanding 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,11 So in original. The comma probably should not appear. does not notify Commission 22 So in original. Probably should be preceded by “the”. 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.

(Pub. L. 98–623, title III, § 307, Nov. 8, 1984, 98 Stat. 3401; Pub. L. 114–81, title I, § 106(2), Nov. 5, 2015, 129 Stat. 658.)Editorial NotesAmendments

2015—Pub. L. 114–81 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

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. § 2436 (b) (providing the authority to the Secretary of Commerce to promulgate regulations to implement conservation measures); 50 C.”

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