Sec. 14. Prohibited activities
598 words·~3 min read·
/bill/113/s/839/is/section-14A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Act ( 16 U.S.C. 6401 et seq. ) is amended by inserting after section 211, as added by section 13 of this Act, the following: The provisions of this section are in addition to, and shall not affect the operation of, other Federal, State, or local laws or regulations providing protection to coral reef ecosystems. Except as provided in paragraph (2), it is unlawful for any person to destroy, take, cause the loss of, or injure any coral reef or any component thereof. The destruction, loss, taking, or injury of a coral reef or any component thereof is not unlawful if it— was caused by the use of fishing gear used in a manner permitted under the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) or other Federal or State law; was caused by an activity that is authorized or allowed by Federal or State law (including lawful discharges from vessels, such as graywater, cooling water, engine exhaust, ballast water, or sewage from marine sanitation devices), unless the destruction, loss, or injury resulted from actions such as vessel groundings, vessel scrapings, anchor damage, excavation not authorized by Federal or State permit, or other similar activities; was the necessary result of bona fide marine scientific research (including marine scientific research activities approved by Federal, State, or local permits), other than excessive sampling or collecting, or actions such as vessel groundings, vessel scrapings, anchor damage, excavation, or other similar activities; was caused by a Federal Government agency— during— an emergency that posed an unacceptable threat to human health or safety or to the marine environment; an emergency that posed a threat to national security; or an activity necessary for law enforcement or search and rescue; and could not reasonably be avoided; or was caused by an action taken by the master of the vessel in an emergency situation to ensure the safety of the vessel or to save a life at sea.
It is unlawful for any person to interfere with the enforcement of this title by— refusing to permit any officer authorized to enforce this title to board a vessel (other than a vessel operated by the Department of Defense or United States Coast Guard) subject to such person's control for the purposes of conducting any search or inspection in connection with the enforcement of this title; resisting, opposing, impeding, intimidating, harassing, bribing, interfering with, or forcibly assaulting any person authorized by the Secretary to implement this title or any such authorized officer in the conduct of any search or inspection performed under this title; or submitting false information to the Secretary or any officer authorized to enforce this title in connection with any search or inspection conducted under this title.
It is unlawful for any person to violate any provision of this title, any permit issued pursuant to this title, or any regulation promulgated pursuant to this title. It is unlawful for any person to possess, sell, deliver, carry, transport, or ship by any means any coral taken in violation of this title. . The Secretary of Commerce shall initiate a rulemaking proceeding to prescribe the circumstances and conditions under which the exception in section 212(b)(2)(E) of the Coral Reef Conservation Act of 2000, as amended by subsection (a), applies and shall issue a final rule pursuant to that rulemaking as soon as practicable but not later than 1 year after the date of enactment of this Act.
Nothing in this subsection shall be construed to require the issuance of such regulations before the exception provided by that section is in effect.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources