§ 3377. — Exceptions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3377]
TITLE 16--CONSERVATION
CHAPTER 53--CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
Sec. 3377. Exceptions
(a) Activities regulated by plan under Magnuson-Stevens Fishery
Conservation and Management Act
The provisions of paragraph (1) of section 3372(a) of this title
shall not apply to any activity regulated by a fishery management plan
in effect under the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.).
(b) Activities regulated by Tuna Convention Acts; harvesting of highly
migratory species taken on high seas
The provisions of paragraphs (1), (2)(A), and (3)(A) of section
3372(a) of this title shall not apply to--
(1) any activity regulated by the Tuna Conventions Act of 1950
(16 U.S.C. 951-961) or the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971-971(h)); or
(2) any activity involving the harvesting of highly migratory
species (as defined in paragraph (14) of section 3 of the Magnuson-
Stevens Fishery Conservation and Management Act [16 U.S.C.
1802(14)]) taken on the high seas (as defined in paragraph (13) of
such section 3) if such species are taken in violation of the laws
of a foreign nation and the United States does not recognize the
jurisdiction of the foreign nation over such species.
(c) Interstate shipment or transshipment through Indian country of fish,
wildlife, or plants for legal purposes
The provisions of paragraph (2) of section 3372(a) of this title
shall not apply to the interstate shipment or transshipment through
Indian country as defined in section 1151 of title 18 or a State of any
fish or wildlife or plant legally taken if the shipment is en route to a
State in which the fish or wildlife or plant may be legally possessed.
(Pub. L. 97-79, Sec. 8, Nov. 16, 1981, 95 Stat. 1078.)
References in Text
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in subsec. (a), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat.
331, as amended, which is classified principally to chapter 38
(Sec. 1801 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1801 of this
title and Tables.
The Tuna Conventions Act of 1950, referred to in subsec. (b)(1), is
act Sept. 7, 1950, ch. 907, 64 Stat. 777, as amended, which is
classified generally to chapter 16 (Sec. 951 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 951 of this title and Tables.
The Atlantic Tunas Convention Act of 1975, referred to in subsec.
(b)(1), is Pub. L. 94-70, Aug. 5, 1975, 89 Stat. 385, as amended, which
is classified generally to chapter 16A (Sec. 971 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 971 of this title and Tables.
Codification
``Magnuson-Stevens Fishery Conservation and Management Act''
substituted for ``Fishery Conservation and Management Act of 1976'' in
subsecs. (a) and (b)(2), on authority of Pub. L. 96-561, title II,
Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300, which provided that all
references to the Fishery Conservation and Management Act of 1976 be
redesignated as references to the Magnuson Fishery Conservation and
Management Act and Pub. L. 104-208, div. A, title I, Sec. 101(a) [title
II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, which
provided that all references to the Magnuson Fishery Conservation and
Management Act be redesignated as references to the Magnuson-Stevens
Fishery Conservation and Management Act.
