References in Text
The Food for Peace Act, referred to in subsec. (a), is
[act July 10, 1954, ch. 469], [68 Stat. 454], which is classified generally to chapter 41 (§ 1691 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables.
This chapter, referred to in subsecs. (b) and (d), was in the original “this Act”, meaning
[Pub. L. 93–205], Dec. 28, 1973, [81 Stat. 884], known as the Endangered Species Act of 1973, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
In subsec. (a), “section 1306 of title 31” substituted for “section 1415 of the Supplemental Appropriation Act, 1953 (31 U.S.C. 724)” on authority of
[Pub. L. 97–258, § 4(b)], Sept. 13, 1982, [96 Stat. 1067], the first section of which enacted Title 31, Money and Finance.
[Pub. L. 110–246] substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.
[Pub. L. 96–159, § 5(1)], encouraged conservation of plants.
[Pub. L. 96–159, § 5(2)], encouraged conservation practices for enhancement of plants taken for importation into the United States.
[Pub. L. 96–159, § 5(3)], made personnel available for plant conservation.
[Pub. L. 96–159, § 5(4)], struck out subsec. (e) relating to Convention implementation.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
[Pub. L. 110–246] effective May 22, 2008, see [section 4(b) of Pub. L. 110–246], set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Conservation of Sea Turtles; Importation of Shrimp
[Pub. L. 101–162, title VI, § 609], Nov. 21, 1989, [103 Stat. 1037], provided that:
The Secretary of State, in consultation with the Secretary of Commerce, shall, with respect to those species of sea turtles the conservation of which is the subject of regulations promulgated by the Secretary of Commerce on June 29, 1987—
initiate negotiations as soon as possible for the development of bilateral or multilateral agreements with other nations for the protection and conservation of such species of sea turtles;
initiate negotiations as soon as possible with all foreign governments which are engaged in, or which have persons or companies engaged in, commercial fishing operations which, as determined by the Secretary of Commerce, may affect adversely such species of sea turtles, for the purpose of entering into bilateral and multilateral treaties with such countries to protect such species of sea turtles;
encourage such other agreements to promote the purposes of this section with other nations for the protection of specific ocean and land regions which are of special significance to the health and stability of such species of sea turtles;
initiate the amendment of any existing international treaty for the protection and conservation of such species of sea turtles to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section; and
provide to the Congress by not later than one year after the date of enactment of this section [Nov. 21, 1989]—
a list of each nation which conducts commercial shrimp fishing operations within the geographic range of distribution of such sea turtles;
a list of each nation which conducts commercial shrimp fishing operations which may affect adversely such species of sea turtles; and
a full report on—
the results of his efforts under this section; and
the status of measures taken by each nation listed pursuant to paragraph (A) or (B) to protect and conserve such sea turtles.
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).
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—
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
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
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.