§1435. Application of regulations; international negotiations and cooperation

16 U.S.C. § 1435

(a)

Regulations— This chapter and the regulations issued under section 1434 of this title shall be applied in accordance with generally recognized principles of international law, and in accordance with treaties, conventions, and other agreements to which the United States is a party. No regulation shall apply to or be enforced against a person who is not a citizen, national, or resident alien of the United States, unless in accordance with—

(1)

generally recognized principles of international law;

(2)

an agreement between the United States and the foreign state of which the person is a citizen; or

(3)

an agreement between the United States and the flag state of a foreign vessel, if the person is a crewmember of the vessel.

(b)

Negotiations— The Secretary of State, in consultation with the Secretary, shall take appropriate action to enter into negotiations with other governments to make necessary arrangements for the protection of any national marine sanctuary and to promote the purposes for which the sanctuary is established.

(c)

International cooperation— The Secretary, in consultation with the Secretary of State and other appropriate Federal agencies, shall cooperate with other governments and international organizations in furtherance of the purposes and policies of this chapter and consistent with applicable regional and mutilateral¹ arrangements for the protection and management of special marine areas.

Footnotes

1 So in original. Probably should be “multilateral”.

Notes, amendments, and revision history

(Pub. L. 92–532, title III, § 305, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L. 102–587, title II, § 2105, Nov. 4, 1992, 106 Stat. 5043.)

Editorial Notes

Amendments

1992—Pub. L. 102–587, § 2105(b), substituted “; international negotiations and cooperation” for “and international negotiations” in section catchline.

Subsec. (a). Pub. L. 102–587, § 2105(a)(1), substituted “This chapter and the regulations” for “The regulations” and inserted “or be enforced against” after “apply to”.

Subsec. (c). Pub. L. 102–587, § 2105(a)(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

International Cooperation

For direction that the Secretary of State seek effective international action and cooperation through the development of appropriate international rules and regulations in support of the policy of this chapter and chapter 27 of Title 33, Navigation and Navigable Waters, see section 1419 of Title 33.