16 U.S.C. § 3377 | Exceptions

(a)

Activities regulated by plan under Magnuson-Stevens Fishery Conservation and Management Act

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

(b)

Activities regulated by Tuna Convention Acts; harvesting of highly migratory species taken on high seas

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

(1)

16 U.S.C. 951–961 16 U.S.C. 971–971(h)1

1 So in original. Probably was meant to be “971–971h”.

any activity regulated by the Tuna Conventions Act of 1950 () or the Atlantic Tunas Convention Act of 1975 ( ); or

(2)

2 See References in Text note below.

16 U.S.C. 1802(14) any activity involving the harvesting of highly migratory species (as defined in paragraph (14) of section 3  of the Magnuson-Stevens Fishery Conservation and Management Act []) 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)

Interstate shipment or transshipment through Indian country of fish, wildlife, or plants for legal purposes

section 3372(a) of this title section 1151 of title 18The provisions of paragraph (2) of shall not apply to the interstate shipment or transshipment through Indian country as defined in 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.

Pub. L. 97–79, § 8Nov. 16, 198195 Stat. 1078(, , .)

Editorial Notes

References in Text

Pub. L. 94–265Apr. 13, 197690 Stat. 331 section 1801 of this titleThe Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a), is , , , which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

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

Pub. L. 94–70Aug. 5, 197589 Stat. 385 section 971 of this titleThe Atlantic Tunas Convention Act of 1975, referred to in subsec. (b)(1), is , , , which is classified generally to chapter 16A (§ 971 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under 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

Pub. L. 96–561, title II, § 238(b)Dec. 22, 198094 Stat. 3300 Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)]Sept. 30, 1996110 Stat. 3009“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 , , , 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 , , , 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.