Sec. 7. Amendment of Marine Turtle Conservation Act of 2004

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The Marine Turtle Conservation Act of 2004 ( Public Law 108–266 ) is amended— in section 2(b) ( 16 U.S.C. 6601(b) )— in the heading, by striking and inserting Purpose ; and Purposes by striking purpose of this Act is and inserting purposes of this Act are ; in sections 2(b) and 3(2) ( 16 U.S.C. 6601(b) , 6602(2)), by inserting and territories of the United States after foreign countries each place it occurs; in section 3 ( 16 U.S.C. 6602 )— in paragraph (2)(C), by striking and regional and inserting , regional, and territorial ; in paragraph (3), by striking Marine Turtle Conservation Fund and inserting Turtle and Tortoise Conservation Fund ; by inserting after paragraph

(2)the following: The term freshwater turtle means any member of the family Carettochelyidae, Chelidae, Chelydridae, Dermatemydidae, Emydidae, Geoemydidae, Kinosternidae, Pelomedusidae, Platysternidae, Podocnemididae, or Trionychidae. The term freshwater turtle includes— any part, product, egg, or offspring of a turtle described in subparagraph (A); and a carcass of such a turtle. ; by adding at the end the following: U nited S tates The term territory of the United States means each of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the United States Virgin Islands, and any other territory or possession of the United States. The term tortoise means any member of the family Testudinidae. The term tortoise includes— any part, product, egg, or offspring of a tortoise described in subparagraph (A); and a carcass of such a tortoise. ; and by redesignating the paragraphs of such section in order as paragraphs

(1)through (9); in each of sections 2(a)(4), 2(a)(5), 2(a)(8), and 2(a)(9) ( 16 U.S.C. 6601(a)(4) , 6601(a)(5), and 6601(a)(9)), by striking marine turtle each place it appears and inserting marine turtle, freshwater turtle, and tortoise ; in each of sections 4(b) and 4(d), ( 16 U.S.C. 6603(b) and 6603(d)), by striking marine turtle each place it appears and inserting marine turtle, freshwater turtle, or tortoise ; in each of sections 2(a)(5), 2(a)(6), 2(a)(7), 2(a)(9), 2(b), and 4(a) ( 16 U.S.C. 6601(a)(5) , 6601(a)(6), 6601(a)(7), 6601(a)(9), 6601(b), and 6603(a)), by striking marine turtles each place it appears and inserting marine turtles, freshwater turtles, and tortoises ; in each of sections 3(2), 4(b), 4(d), 4(e), and 6(a) ( 16 U.S.C. 6602(2) , 6603(b), 6603(d), 6603(e), and 6605(a)), by striking marine turtles each place it appears and inserting marine turtles, freshwater turtles, or tortoises ; in the heading for section 4 ( 16 U.S.C. 6603 ), by striking and inserting Marine turtle ; and Turtle and tortoise in section 5 ( 16 U.S.C. 6604 )— in the section heading, by striking and inserting Marine turtle ; and Turtle and Tortoise in subsection (a), by striking Marine Turtle and inserting Turtle and Tortoise — by striking Marine Turtle and inserting Turtle and Tortoise ; in section 4 ( 16 U.S.C. 6603 )— in subsection (b)(1)(A), by inserting or territory of the United States after foreign country ; and in subsection

(d)by inserting or territories of the United States after foreign countries ; in section 5(a) ( 16 U.S.C. 6604(a) ), by striking and after the semicolon at the end of paragraph (2), striking the period at the end of paragraph

(3)and inserting ; and , and by adding at the end the following: any amounts received by the United States for any violation of law pertaining to marine turtles, freshwater turtles, or tortoises under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.), the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371 et seq.), or regulations implementing those Acts, including such amounts received as— fines or penalties; proceeds from sales of forfeited property, assets, or cargo; or restitution to the Federal Government. ; and in section 7 ( 16 U.S.C. 6606 )— by inserting before the text the following:

(a); and In general.— by adding at the end the following: Of the amount authorized by subsection

(a)for each fiscal year— an amount not exceeding $1,510,000 is authorized only for use by the Secretary for marine turtle conservation purposes under this Act; and of the amount appropriated in excess of $1,510,000, not less than 40 percent is authorized only for use by the Secretary for freshwater turtle and tortoise conservation purposes under this Act. .

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