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U.S. Code as of:
01/19/04
Section 971g. Cooperation in carrying out Convention
(a) Federal and State agencies; private institutions and
organizations
The United States Commissioners, through the Secretary of State
and with the concurrence of the agency, institution, or
organization concerned, may arrange for the cooperation of agencies
of the United States Government, and of State and private
institutions and organizations in carrying out the provisions of
article IV of the Convention.
(b) Scientific and other programs; facilities and personnel
All agencies of the Federal Government are authorized, upon the
request of the Commission, to cooperate in the conduct of
scientific and other programs, and to furnish facilities and
personnel for the purpose of assisting the Commission in carrying
out its duties under the Convention.
(c) Fishing operations and biological experiments
None of the prohibitions deriving from this chapter, or contained
in the laws or regulations of any State, shall prevent the
Commission from conducting or authorizing the conduct of fishing
operations and biological experiments at any time for purposes of
scientific investigation, or shall prevent the Commission from
discharging any other duties prescribed by the Convention.
(d) State jurisdiction; preemption by Federal regulations
(1) Except as provided in paragraph (2) of this subsection,
nothing in this chapter shall be construed so as to diminish or to
increase the jurisdiction of any State in the territorial sea of
the United States.
(2) In the event a State does not request a formal hearing and
after notice by the Secretary, the regulations promulgated pursuant
to this chapter to implement recommendations of the Commission
shall apply within the boundaries of any State bordering on any
Convention area if the Secretary determines that any such State -
(A) has not, within a reasonable period of time after the
promulgation of regulations pursuant to this chapter, enacted
laws or promulgated regulations which implement any such
recommendation of the Commission within the boundaries of such
State; or
(B) has enacted laws or promulgated regulations which (i) are
less restrictive than the regulations promulgated pursuant to
this chapter, or (ii) are not effectively enforced.
If a State requests the opportunity for an agency hearing on the
record, the Secretary shall not apply regulations promulgated
pursuant to this chapter within that State's boundaries unless the
hearing record supports a determination under paragraph (A) or (B).
Such regulations shall apply until the Secretary determines that
the State is effectively enforcing within its boundaries measures
which are not less restrictive than such regulations.
(e) Continuing review of State laws and regulations
To insure that the purposes of subsection (d) of this section are
carried out, the Secretary shall undertake a continuing review of
the laws and regulations of all States to which subsection (d) of
this section applies or may apply and the extent to which such laws
and regulations are enforced.
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