16 USC 6604 - Marine Turtle Conservation Fund

Collapse to view only § 6604. Marine Turtle Conservation Fund

§ 6601. Findings and purposes
§ 6602. Definitions
§ 6603. Conservation assistance
§ 6604. Marine Turtle Conservation Fund
§ 6605. Advisory group
§ 6606. Authorization of appropriations
§ 6607. Report to Congress

§ 6601. Findings and purposes

(a) FindingsThe Congress finds that—

(1) marine turtle populations have declined to the point that the long-term survival of the loggerhead, green, hawksbill, Kemp’s ridley, olive ridley, and leatherback turtle in the wild is in serious jeopardy;

(2) 6 of the 7 recognized species of marine turtles are listed as threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all 7 species have been included in Appendix I of CITES;

(3) because marine turtles are long-lived, late-maturing, and highly migratory, marine turtles are particularly vulnerable to the impacts of human exploitation and habitat loss;

(4) illegal international trade seriously threatens wild populations of some marine turtle species, particularly the hawksbill turtle;

(5) the challenges facing marine turtles are immense, and the resources available have not been sufficient to cope with the continued loss of nesting habitats caused by human activities and the consequent diminution of marine turtle populations;

(6) because marine turtles are flagship species for the ecosystems in which marine turtles are found, sustaining healthy populations of marine turtles provides benefits to many other species of wildlife, including many other threatened or endangered species;

(7) marine turtles are important components of the ecosystems that they inhabit, and studies of wild populations of marine turtles have provided important biological insights;

(8) changes in marine turtle populations are most reliably indicated by changes in the numbers of nests and nesting females; and

(9) the reduction, removal, or other effective addressing of the threats to the long-term viability of populations of marine turtles will require the joint commitment and effort of—

(A) countries that have within their boundaries marine turtle nesting habitats; and

(B) persons with expertise in the conservation of marine turtles.

(b) PurposeThe purpose of this chapter is to assist in the conservation of 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 by supporting and providing financial resources for projects—

(1) to conserve marine turtle, freshwater turtle, and tortoise habitats under the jurisdiction of United States Fish and Wildlife Service programs;

(2) to conserve marine turtles, freshwater turtles, and tortoises in those habitats; and

(3) to address other threats to the survival of marine turtles, freshwater turtles, and tortoises, including habitat loss, poaching of turtles or their eggs, and wildlife trafficking.

(Pub. L. 108–266, § 2, July 2, 2004, 118 Stat. 791; Pub. L. 116–9, title VII, § 7001(c)(3)(A), Mar. 12, 2019, 133 Stat. 786.)

§ 6602. DefinitionsIn this chapter:

(1) CITES

(2) ConservationThe 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—

(A) protection, restoration, and management of habitats;

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

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

(D) enforcement and implementation of CITES and laws of foreign countries—

(i) to protect and manage populations and habitats; and

(ii) to 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, freshwater turtles, and tortoises; and

(ii) illegal trade in marine turtles;

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

(G) community outreach and education; and

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

(3) Freshwater turtle

(A) In general

(B) InclusionsThe term “freshwater turtle” includes—

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

(ii) a carcass of such a turtle.

(4) Fund

(5) Habitat

(6) Marine turtle

(A) In general

(B) InclusionsThe 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.

(7) Multinational Species Conservation Fund

(8) Secretary

(9) Territory of the United StatesThe term “territory of the United States” means—

(A) American Samoa;

(B) the Commonwealth of the Northern Mariana Islands;

(D) Guam;

(E) the United States Virgin Islands; and

(F) any other territory or possession of the United States.

(10) Tortoise

(A) In general

(B) InclusionsThe term “tortoise” includes—

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

(ii) a carcass of such a tortoise.

(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.)

§ 6603. Conservation assistance

(a) In general

(b) Project proposals

(1) Eligible applicantsA proposal for a project for the conservation of marine turtles, freshwater turtles, or tortoises may be submitted to the Secretary by—

(A) any wildlife management authority of a foreign country or territory of the United States that has within its boundaries marine turtle, freshwater turtle, or tortoise habitat, if the activities of the authority directly or indirectly affect marine turtle, freshwater turtle, or tortoise conservation; or

(B) any other person or group with the demonstrated expertise required for the conservation of marine turtles, freshwater turtles, or tortoises.

(2) Required elementsA project proposal shall include—

(A) a statement of the purposes of the project;

(B) the name of the individual with overall responsibility for the project;

(D) a description of—

(i) methods for project implementation and outcome assessment;

(ii) staff and community management for the project; and

(iii) the logistics of the project;

(E) an estimate of the funds and time required to complete the project;

(F) evidence of support for the project by appropriate governmental entities of the countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project;

(G) information regarding the source and amount of matching funding available for the project; and

(H) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this chapter.

(1) In generalThe Secretary shall—

(A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to other Federal officials, as appropriate; and

(B) review each project proposal in a timely manner to determine whether the proposal meets the criteria specified in subsection (d).

(2) Consultation; approval or disapprovalNot later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other Federal officials, as appropriate, shall—

(A) consult on the proposal with the government of each country and territory of the United States in which the project is to be conducted;

(B) after taking into consideration any comments resulting from the consultation, approve or disapprove the project proposal; and

(C) provide written notification of the approval or disapproval to the person that submitted the project proposal, other Federal officials, and each country and territory of the United States described in subparagraph (A).

(d) Criteria for approval

(e) Project sustainability

(f) Matching funds

(g) Project reporting

(1) In general

(2) Availability to the public

(Pub. L. 108–266, § 4, July 2, 2004, 118 Stat. 793; Pub. L. 116–9, title VII, § 7001(c)(3)(C), Mar. 12, 2019, 133 Stat. 787.)

§ 6604. Marine Turtle Conservation Fund

(a) Establishment

There is established in the Multinational Species Conservation Fund a separate account to be known as the “Marine Turtle Conservation Fund”, consisting of—

(1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e);

(2) amounts appropriated to the Fund under section 6606(a) of this title; and

(3) any interest earned on investment of amounts in the Fund under subsection (c).

(b) Expenditures from Fund

(1) In general

(2) Administrative expenses

(1) In general

(2) Acquisition of obligations

For the purpose of investments under paragraph (1), obligations may be acquired—

(A) on original issue at the issue price; or

(B) by purchase of outstanding obligations at the market price.

(3) Sale of obligations

(4) Credits to Fund

(d) Transfers of amounts

(1) In general

(2) Adjustments

(e) Acceptance and use of donations

(Pub. L. 108–266, § 5, July 2, 2004, 118 Stat. 794; Pub. L. 116–9, title VII, § 7001(c)(3)(D), Mar. 12, 2019, 133 Stat. 788.)

§ 6605. Advisory group

(a) In general

(b) Public participation

(1) Meetings

The Advisory Group 1

1 So in original. Probably should not be capitalized.

shall—

(A) ensure that each meeting of the advisory group is open to the public; and

(B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda.

(2) Notice

(3) Minutes

(Pub. L. 108–266, § 6, July 2, 2004, 118 Stat. 795; Pub. L. 116–9, title VII, § 7001(c)(3)(E), Mar. 12, 2019, 133 Stat. 788; Pub. L. 117–286, § 4(a)(131), Dec. 27, 2022, 136 Stat. 4320.)

§ 6606. Authorization of appropriations

(a) In general

(b) Allocation

Of the amounts made available for each fiscal year pursuant to subsection (a)—

(1) not less than $1,510,000 shall be used by the Secretary for marine turtle conservation purposes in accordance with this chapter; and

(2) of the amounts in excess of the amount described in paragraph (1), not less than 40 percent shall be used by the Secretary for freshwater turtle and tortoise conservation purposes in accordance with this chapter.

(Pub. L. 108–266, § 7, July 2, 2004, 118 Stat. 795; Pub. L. 116–9, title VII, § 7001(c)(3)(F), Mar. 12, 2019, 133 Stat. 788.)

§ 6607. Report to Congress

Not later than October 1, 2005, the Secretary shall submit to the Congress a report on the results and effectiveness of the program carried out under this chapter, including recommendations concerning how this chapter might be improved and whether the Fund should be continued in the future.

(Pub. L. 108–266, § 8, July 2, 2004, 118 Stat. 796.)