Title 16 — Conservation

Chapter 85 — Marine Turtle Conservation

§ 6602. Definitions

Statutory text

In this chapter:

CITES

The term “CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249).

Conservation

The term “conservation” means the use of all methods and procedures necessary to protect marine turtles, freshwater turtles, and tortoises, and the habitats of marine turtles, freshwater turtles, and tortoises, in foreign countries and territories of the United States under the jurisdiction of United States Fish and Wildlife Service programs, including—

protection, restoration, and management of habitats;

onsite research and monitoring of populations, habitats, annual reproduction, and species population trends;

assistance in the development, implementation, and improvement of national and regional management plans for habitat ranges;

enforcement and implementation of CITES and laws of foreign countries—

to protect and manage populations and habitats; and

to prevent illegal trade of marine turtles;

training of local law enforcement officials in the interdiction and prevention of—

the illegal killing of marine turtles, freshwater turtles, and tortoises; and

illegal trade in marine turtles;

initiatives to resolve conflicts between humans and marine turtles, freshwater turtles, and tortoises over habitats used by marine turtles, freshwater turtles, and tortoises;

community outreach and education; and

strengthening of the ability of local communities to implement population and habitat conservation programs.

Freshwater turtle

In general

The term “freshwater turtle” means any member of the family Carettochelyidae, Chelidae, Chelydridae, Dermatemydidae, Emydidae, Geoemydidae, Kinosternidae, Pelomedusidae, Platysternidae, Podocnemididae, or Trionychidae.

Inclusions

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.

Fund

The term “Fund” means the Marine Turtle Conservation Fund established by section 6604 of this title.

Habitat

The term “habitat” means any marine turtle, freshwater turtle, or tortoise habitat (including a nesting habitat) that is under the jurisdiction of United States Fish and Wildlife Service programs.

Marine turtle

In general

The term “marine turtle” means any member of the family Cheloniidae or Dermochelyidae.

Inclusions

The term “marine turtle” includes—

any part, product, egg, or offspring of a turtle described in subparagraph (A); and

a carcass of such a turtle.

Multinational Species Conservation Fund

The term “Multinational Species Conservation Fund” means the fund established under the heading “multinational species conservation fund” in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 4246).

Secretary

The term “Secretary” means the Secretary of the Interior.

Territory of the United States

The term “territory of the United States” means—

American Samoa;

the Commonwealth of the Northern Mariana Islands;

the Commonwealth of Puerto Rico;

Guam;

the United States Virgin Islands; and

any other territory or possession of the United States.

Tortoise

In general

The term “tortoise” means any member of the family Testudinidae.

Inclusions

The term “tortoise” includes—

any part, product, egg, or offspring of a tortoise described in subparagraph (A); and

a carcass of such a tortoise.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2004
Marine Turtle Conservation Act of 2004
Pub. L. 108–266 § 3 · 118 Stat. 791
Enacted · 16 U.S.C. § 6602
Pub. L. 108–266, § 3, July 2, 2004, 118 Stat. 792
Source evidence
Code source credit
Pub. L. 108–266, § 3, July 2, 2004, 118 Stat. 792
Enacted provision · exact public law section
SEC. 3. DEFINITIONS. In this Act: (1) CITES.— The term “CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249). (2) Conservation.— The term “conservation” means the use of all methods and procedures necessary to protect nesting habitats of marine turtles in foreign countries and of marine turtles in those habitats, including— (A) protection, restoration, and management of nesting habitats; (B) onsite research and monitoring of nesting populations, nesting habitats, annual reproduction, and species population trends; (C) assistance in the development, implementation, and improvement of national and regional management plans for nesting habitat ranges; (D) enforcement and implementation of CITES and laws of foreign countries to— (i) protect and manage nesting populations and nesting habitats; and (ii) prevent illegal trade of marine turtles; (E) training of local law enforcement officials in the interdiction and prevention of— (i) the illegal killing of marine turtles on nesting habitat; and (ii) illegal trade in marine turtles; (F) initiatives to resolve conflicts between humans and marine turtles over habitat used by marine turtles for nesting; (G) community outreach and education; and (H) strengthening of the ability of local communities to implement nesting population and nesting habitat conservation programs. (3) Fund.— The term “Fund” means the Marine Turtle Conservation Fund established by section 5. (4) Marine turtle.— (A) In general.— The term “marine turtle” means any member of the family Cheloniidae or Dermochelyidae. (B) Inclusions.— The term “marine turtle” includes— (i) any part, product, egg, or offspring of a turtle described in subparagraph (A); and (ii) a carcass of such a turtle. (5) Multinational species conservation fund.— The term “Multinational Species Conservation Fund” means the fund established under the heading “multinational species conservation fund” in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 4246). (6) Secretary.— The term “Secretary” means the Secretary of the Interior.
2019
John D. Dingell, Jr. Conservation, Management, and Recreation Act
Pub. L. 116–9 § 7001(c)(3)(B)(i)(I) · 133 Stat. 580
Substituted · 16 U.S.C. § 6602(2)
Pub. L. 116–9, § 7001(c)(3)(B)(i)(I), substituted “marine turtles, freshwater turtles, and tortoises, and the habitats of marine turtles, freshwater turtles, and tortoises, in foreign countries and territories of the United States under the jurisdiction of United States Fish and Wildlife Service programs” for “nesting habitats of marine turtles in foreign countries and of marine turtles in those habitats” in introductory provisions
Source evidence
Code amendment note
Par. (2). Pub. L. 116–9, § 7001(c)(3)(B)(i)(I), substituted “marine turtles, freshwater turtles, and tortoises, and the habitats of marine turtles, freshwater turtles, and tortoises, in foreign countries and territories of the United States under the jurisdiction of United States Fish and Wildlife Service programs” for “nesting habitats of marine turtles in foreign countries and of marine turtles in those habitats” in introductory provisions.
Enacted provision · exact public law section
(I) in the matter preceding subparagraph (A), by striking “nesting habitats of marine turtles in foreign countries and of marine turtles in those habitats” and inserting “marine turtles, freshwater turtles, and tortoises, and the habitats of marine turtles, freshwater turtles, and tortoises, in foreign countries and territories of the United States under the jurisdiction of United States Fish and Wildlife Service programs”;
2019
John D. Dingell, Jr. Conservation, Management, and Recreation Act
Pub. L. 116–9 § 7001(c)(3)(B)(i)(II) · 133 Stat. 580
Struck · 16 U.S.C. § 6602(2)(A)(C)
Pub. L. 116–9, § 7001(c)(3)(B)(i)(II), struck out “nesting” wherever appearing before “habitats”, “populations”, and “habitat”
Source evidence
Code amendment note
Par. (2)(A) to (C). Pub. L. 116–9, § 7001(c)(3)(B)(i)(II), struck out “nesting” wherever appearing before “habitats”, “populations”, and “habitat”.
Enacted provision · exact public law section
(II) in subparagraphs (A), (B), and (C), by striking “nesting” each place it appears;
2019
John D. Dingell, Jr. Conservation, Management, and Recreation Act
Pub. L. 116–9 § 7001(c)(3)(B)(i)(III)(aa) · 133 Stat. 580
Substituted · 16 U.S.C. § 6602(2)(D)
Pub. L. 116–9, § 7001(c)(3)(B)(i)(III)(aa), substituted “countries—” for “countries to—” in introductory provisions
Source evidence
Code amendment note
Par. (2)(D). Pub. L. 116–9, § 7001(c)(3)(B)(i)(III)(aa), substituted “countries—” for “countries to—” in introductory provisions.
Enacted provision · exact public law section
(aa) in the matter preceding clause (i), by striking “countries to—” and inserting “countries—”;
2019
John D. Dingell, Jr. Conservation, Management, and Recreation Act
Pub. L. 116–9 § 7001(c)(3)(B)(i)(III)(bb) · 133 Stat. 580
1. Inserted · 16 U.S.C. § 6602(2)(D)(i)
  Pub. L. 116–9, § 7001(c)(3)(B)(i)(III)(bb), inserted “to” before “protect”
2. Struck · 16 U.S.C. § 6602(2)(D)(i)
  Pub. L. 116–9, § 7001(c)(3)(B)(i)(III)(bb), struck out “nesting” before “populations” and before “habitats”
Source evidence
Code amendment note
Par. (2)(D)(i). Pub. L. 116–9, § 7001(c)(3)(B)(i)(III)(bb), inserted “to” before “protect” and struck out “nesting” before “populations” and before “habitats”.
Enacted provision · exact public law section
(bb) in clause (i)— (AA) by inserting “to” before “protect”; and (BB) by striking “nesting” each place it appears; and
2019
John D. Dingell, Jr. Conservation, Management, and Recreation Act
Pub. L. 116–9 § 7001(c)(3)(B)(i)(III)(cc) · 133 Stat. 580
Inserted · 16 U.S.C. § 6602(2)(D)(ii)
Pub. L. 116–9, § 7001(c)(3)(B)(i)(III)(cc), inserted “to” before “prevent”
Source evidence
Code amendment note
Par. (2)(D)(ii). Pub. L. 116–9, § 7001(c)(3)(B)(i)(III)(cc), inserted “to” before “prevent”.
Enacted provision · exact public law section
(cc) in clause (ii), by inserting “to” before “prevent”;
2019
John D. Dingell, Jr. Conservation, Management, and Recreation Act
Pub. L. 116–9 § 7001(c)(3)(B)(i)(IV) · 133 Stat. 580
Substituted · 16 U.S.C. § 6602(2)(E)(i)
Pub. L. 116–9, § 7001(c)(3)(B)(i)(IV), substituted “turtles, freshwater turtles, and tortoises” for “turtles on nesting habitat”
Source evidence
Code amendment note
Par. (2)(E)(i). Pub. L. 116–9, § 7001(c)(3)(B)(i)(IV), substituted “turtles, freshwater turtles, and tortoises” for “turtles on nesting habitat”.
Enacted provision · exact public law section
(IV) in subparagraph (E)(i), by striking “turtles on nesting habitat” and inserting “turtles, freshwater turtles, and tortoises”;
2019
John D. Dingell, Jr. Conservation, Management, and Recreation Act
Pub. L. 116–9 § 7001(c)(3)(B)(i)(V) · 133 Stat. 580
Substituted · 16 U.S.C. § 6602(2)(F)
Pub. L. 116–9, § 7001(c)(3)(B)(i)(V), substituted “turtles, freshwater turtles, and tortoises over habitats used by marine turtles, freshwater turtles, and tortoises” for “turtles over habitat used by marine turtles for nesting”
Source evidence
Code amendment note
Par. (2)(F). Pub. L. 116–9, § 7001(c)(3)(B)(i)(V), substituted “turtles, freshwater turtles, and tortoises over habitats used by marine turtles, freshwater turtles, and tortoises” for “turtles over habitat used by marine turtles for nesting”.
Enacted provision · exact public law section
(V) in subparagraph (F), by striking “turtles over habitat used by marine turtles for nesting” and inserting “turtles, freshwater turtles, and tortoises over habitats used by marine turtles, freshwater turtles, and tortoises”; and
2019
John D. Dingell, Jr. Conservation, Management, and Recreation Act
Pub. L. 116–9 § 7001(c)(3)(B)(i)(VI) · 133 Stat. 580
Struck · 16 U.S.C. § 6602(2)(H)
Pub. L. 116–9, § 7001(c)(3)(B)(i)(VI), struck out “nesting” before “population” and before “habitat”
Source evidence
Code amendment note
Par. (2)(H). Pub. L. 116–9, § 7001(c)(3)(B)(i)(VI), struck out “nesting” before “population” and before “habitat”.
Enacted provision · exact public law section
(VI) in subparagraph (H), by striking “nesting” each place it appears;
2019
John D. Dingell, Jr. Conservation, Management, and Recreation Act
Pub. L. 116–9 § 7001(c)(3)(B)(ii) · 133 Stat. 580
1. Added · 16 U.S.C. § 6602(3)(10)
  Pub. L. 116–9, § 7001(c)(3)(B)(ii)–(v), added pars. (3), (5), (9), and (10)
2. Redesignated · 16 U.S.C. § 6602(3)(10)
  Pub. L. 116–9, § 7001(c)(3)(B)(ii)–(v), redesignated former pars. (3) to (6) as (4), (6), (7), and (8), respectively
Source evidence
Code amendment note
Pars. (3) to (10). Pub. L. 116–9, § 7001(c)(3)(B)(ii)–(v), added pars. (3), (5), (9), and (10) and redesignated former pars. (3) to (6) as (4), (6), (7), and (8), respectively.
Enacted provision · exact public law section
(ii) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (6), (7), and (8), respectively;

12 of 12 references resolved to an enrolled provision

Editorial Notes

References in Text

Title I of the Department of the Interior and Related Agencies Appropriations Act, 1999, referred to in par. (7), is Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–232. Provisions under the heading “multinational species conservation fund” in Pub. L. 105–277, § 101(e) [title I] appear at 112 Stat. 2681–237 and are classified in part to section 4246 of this title.

Amendments

2019—Par. (2). Pub. L. 116–9, § 7001(c)(3)(B)(i)(I), substituted “marine turtles, freshwater turtles, and tortoises, and the habitats of marine turtles, freshwater turtles, and tortoises, in foreign countries and territories of the United States under the jurisdiction of United States Fish and Wildlife Service programs” for “nesting habitats of marine turtles in foreign countries and of marine turtles in those habitats” in introductory provisions.

Par. (2)(A) to (C). Pub. L. 116–9, § 7001(c)(3)(B)(i)(II), struck out “nesting” wherever appearing before “habitats”, “populations”, and “habitat”.

Par. (2)(D). Pub. L. 116–9, § 7001(c)(3)(B)(i)(III)(aa), substituted “countries—” for “countries to—” in introductory provisions.

Par. (2)(D)(i). Pub. L. 116–9, § 7001(c)(3)(B)(i)(III)(bb), inserted “to” before “protect” and struck out “nesting” before “populations” and before “habitats”.

Par. (2)(D)(ii). Pub. L. 116–9, § 7001(c)(3)(B)(i)(III)(cc), inserted “to” before “prevent”.

Par. (2)(E)(i). Pub. L. 116–9, § 7001(c)(3)(B)(i)(IV), substituted “turtles, freshwater turtles, and tortoises” for “turtles on nesting habitat”.

Par. (2)(F). Pub. L. 116–9, § 7001(c)(3)(B)(i)(V), substituted “turtles, freshwater turtles, and tortoises over habitats used by marine turtles, freshwater turtles, and tortoises” for “turtles over habitat used by marine turtles for nesting”.

Par. (2)(H). Pub. L. 116–9, § 7001(c)(3)(B)(i)(VI), struck out “nesting” before “population” and before “habitat”.

Pars. (3) to (10). Pub. L. 116–9, § 7001(c)(3)(B)(ii)–(v), added pars. (3), (5), (9), and (10) and redesignated former pars. (3) to (6) as (4), (6), (7), and (8), respectively.

Credits

2004–2019 · 2 acts

2004Pub. L. 108–266, § 3, July 2, 2004, 118 Stat. 792
2019Pub. L. 116–9, title VII, § 7001(c)(3)(B), Mar. 12, 2019, 133 Stat. 786.

Show as published

(Pub. L. 108–266, § 3, July 2, 2004, 118 Stat. 792; Pub. L. 116–9, title VII, § 7001(c)(3)(B), Mar. 12, 2019, 133 Stat. 786.)