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Title 16 — Conservation

Chapter 76 — Northwest Atlantic Fisheries Convention

§ 5601. Representation of United States under Convention

Statutory text

(a)

Commissioners

(1)

Appointments, generally

The Secretary shall appoint not more than 3 individuals to serve as the representatives of the United States on the Commission, who shall each—

(A)

be known as a “United States Commissioner to the Northwest Atlantic Fisheries Organization”; and

(B)

serve at the pleasure of the Secretary.

(2)

Requirements for appointments

(A)

The Secretary shall ensure that of the individuals serving as Commissioners—

(i)

at least 1 is appointed from among representatives of the commercial fishing industry;

(ii)

1 (but no more than 1) is an official of the Government; and

(iii)

1, other than the individual appointed under clause (ii), is a voting member of the New England Fishery Management Council.

(B)

The Secretary may not appoint as a Commissioner an individual unless the individual is knowledgeable and experienced concerning the fishery resources to which the Convention applies.

(3)

Terms

(A)

The term of an individual appointed as a Commissioner—

(i)

shall be specified by the Secretary at the time of appointment; and

(ii)

may not exceed 4 years.

(B)

An individual who is not a Government official may not serve more than 2 consecutive terms as a Commissioner.

(b)

Alternate Commissioners

(1)

Appointment

The Secretary may, for any anticipated absence of a duly appointed Commissioner, designate an individual to serve as an Alternate Commissioner.

(2)

Functions

An Alternate Commissioner may exercise all powers and perform all duties of the Commissioner for whom the Alternate Commissioner is designated.

(c)

Representatives

(1)

Appointment

The Secretary shall appoint not more than 3 individuals to serve as the representatives of the United States on the Scientific Council, who shall each be known as a “United States Representative to the Northwest Atlantic Fisheries Organization Scientific Council”.

(2)

Eligibility for appointment

(A)

The Secretary may not appoint an individual as a Representative unless the individual is knowledgeable and experienced concerning the scientific issues dealt with by the Scientific Council.

(B)

The Secretary shall appoint as a Representative at least 1 individual who is an official of the Government.

(3)

Term

An individual appointed as a Representative—

(A)

shall serve for a term of not to exceed 4 years, as specified by the Secretary at the time of appointment;

(B)

may be reappointed; and

(C)

shall serve at the pleasure of the Secretary.

(d)

Alternate Representatives

(1)

Appointment

The Secretary may, for any anticipated absence of a duly appointed Representative, designate an individual to serve as an Alternate Representative.

(2)

Functions

An Alternate Representative may exercise all powers and perform all duties of the Representative for whom the Alternate Representative is designated.

(e)

Experts and advisers

The Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives may be accompanied at meetings of the Organization by experts and advisers.

(f)

Coordination and consultation

(1)

In general

In carrying out their functions under the Convention, Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives shall—

(A)

coordinate with the appropriate Regional Fishery Management Councils established by section 1852 of this title; and

(B)

consult with the committee established under section 5607 of this title.

(2)

Relationship to other law

Chapter 10 of title 5 shall not apply to coordination and consultations under this subsection.

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.

  1. Northwest Atlantic Fisheries Convention Act of 1995

    Pub. L. 104–43 title II § 202 · 109 Stat. 366

    Enacted · 16 U.S.C. § 5601

    Pub. L. 104–43, title II, § 202, Nov. 3, 1995, 109 Stat. 377

    Source evidence

    Code source credit
    Pub. L. 104–43, title II, § 202, Nov. 3, 1995, 109 Stat. 377

    Enacted provision · exact public law section
    SEC. 202. REPRESENTATION OF UNITED STATES UNDER CONVENTION. (a) Commissioners.— (1) Appointments, generally.— The Secretary shall appoint not more than 3 individuals to serve as the representatives of the United States on the General Council and the Fisheries Commission, who shall each— (A) be known as a “United States Commissioner to the Northwest Atlantic Fisheries Organization”; and (B) serve at the pleasure of the Secretary. (2) Requirements for appointments.— (A) The Secretary shall ensure that of the individuals serving as Commissioners— (i) at least 1 is appointed from among representatives of the commercial fishing industry; (ii) 1 (but no more than 1) is an official of the Government; and (iii) 1, other than the individual appointed under clause (ii), is a voting member of the New England Fishery Management Council. (B) The Secretary may not appoint as a Commissioner an individual unless the individual is knowledgeable and experienced concerning the fishery resources to which the Convention applies. (3) Terms.— (A) The term of an individual appointed as a Commissioner— (i) shall be specified by the Secretary at the time of appointment; and (ii) may not exceed 4 years. (B) An individual who is not a Government official may not serve more than 2 consecutive terms as a Commissioner. (b) Alternate Commissioners.— (1) Appointment.— The Secretary may, for any anticipated absence of a duly appointed Commissioner at a meeting of the General Council or the Fisheries Commission, designate an individual to serve as an Alternate Commissioner. (2) Functions.— An Alternate Commissioner may exercise all powers and perform all duties of the Commissioner for whom the Alternate Commissioner is designated, at any meeting of the General Council or the Fisheries Commission for which the Alternate Commissioner is designated. (c) Representatives.— (1) Appointment.— The Secretary shall appoint not more than 3 individuals to serve as the representatives of the United States on the Scientific Council, who shall each be known as a “United States Representative to the Northwest Atlantic Fisheries Organization Scientific Council”. (2) Eligibility for appointment.— (A) The Secretary may not appoint an individual as a Representative unless the individual is knowledgeable and experienced concerning the scientific issues dealt with by the Scientific Council. (B) The Secretary shall appoint as a Representative at least 1 individual who is an official of the Government. (3) Term.— An individual appointed as a Representative— (A) shall serve for a term of not to exceed 4 years, as specified by the Secretary at the time of appointment; (B) may be reappointed; and (C) shall serve at the pleasure of the Secretary. (d) Alternate Representatives.— (1) Appointment.— The Secretary may, for any anticipated absence of a duly appointed Representative at a meeting of the Scientific Council, designate an individual to serve as an Alternate Representative. (2) Functions.— An Alternate Representative may exercise all powers and perform all duties of the Representative for whom the Alternate Representative is designated, at any meeting of the Scientific Council for which the Alternate Representative is designated. (e) Experts and Advisers.— The Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives may be accompanied at meetings of the Organization by experts and advisers. (f) Coordination and Consultation.— (1) In general.— In carrying out their functions under the Convention, Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives shall— (A) coordinate with the appropriate Regional Fishery Management Councils established by section 302 of the Magnuson Act (16 U.S.C. 1852); and (B) consult with the committee established under section 208. (2) Relationship to other law.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to coordination and consultations under this subsection.

  2. Northwest Atlantic Fisheries Convention Amendments Act

    Pub. L. 114–327 § 502(1) · 130 Stat. 1974

    Struck · 16 U.S.C. § 5601(a)(1)

    Pub. L. 114–327, § 502(1), in introductory provisions, struck out “General Council and the Fisheries” before “Commission”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 114–327, § 502(1), in introductory provisions, struck out “General Council and the Fisheries” before “Commission”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1), by striking “General Council and the Fisheries”;

  3. Northwest Atlantic Fisheries Convention Amendments Act

    Pub. L. 114–327 § 502(2) · 130 Stat. 1974

    Struck · 16 U.S.C. § 5601(b)(1)

    Pub. L. 114–327, § 502(2), struck out “at a meeting of the General Council or the Fisheries Commission” after “appointed Commissioner”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 114–327, § 502(2), struck out “at a meeting of the General Council or the Fisheries Commission” after “appointed Commissioner”.

    Enacted provision · exact public law section
    (2) in subsection (b)(1), by striking “at a meeting of the General Council or the Fisheries Commission”;

  4. Northwest Atlantic Fisheries Convention Amendments Act

    Pub. L. 114–327 § 502(3) · 130 Stat. 1974

    Struck · 16 U.S.C. § 5601(b)(2)

    Pub. L. 114–327, § 502(3), struck out “, at any meeting of the General Council or the Fisheries Commission for which the Alternate Commissioner is designated” before period at end

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 114–327, § 502(3), struck out “, at any meeting of the General Council or the Fisheries Commission for which the Alternate Commissioner is designated” before period at end.

    Enacted provision · exact public law section
    (3) in subsection (b)(2), by striking “, at any meeting of the General Council or the Fisheries Commission for which the Alternate Commissioner is designated”;

  5. Northwest Atlantic Fisheries Convention Amendments Act

    Pub. L. 114–327 § 502(4) · 130 Stat. 1974

    Struck · 16 U.S.C. § 5601(d)(1)

    Pub. L. 114–327, § 502(4), struck out “at a meeting of the Scientific Council” after “appointed Representative”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 114–327, § 502(4), struck out “at a meeting of the Scientific Council” after “appointed Representative”.

    Enacted provision · exact public law section
    (4) in subsection (d)(1), by striking “at a meeting of the Scientific Council”;

  6. Northwest Atlantic Fisheries Convention Amendments Act

    Pub. L. 114–327 § 502(5) · 130 Stat. 1974

    Struck · 16 U.S.C. § 5601(d)(2)

    Pub. L. 114–327, § 502(5), struck out “, at any meeting of the Scientific Council for which the Alternate Representative is designated” before period at end

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 114–327, § 502(5), struck out “, at any meeting of the Scientific Council for which the Alternate Representative is designated” before period at end.

    Enacted provision · exact public law section
    (5) in subsection (d)(2), by striking “, at any meeting of the Scientific Council for which the Alternate Representative is designated”; and

  7. Northwest Atlantic Fisheries Convention Amendments Act

    Pub. L. 114–327 § 502(6) · 130 Stat. 1974

    Changed · 16 U.S.C. § 5601(f)(1)(A)

    Pub. L. 114–327, § 502(6), made technical amendment to reference in original act which appears in text as reference to section 1852 of this title

    Source evidence

    Code amendment note
    Subsec. (f)(1)(A). Pub. L. 114–327, § 502(6), made technical amendment to reference in original act which appears in text as reference to section 1852 of this title.

    Enacted provision · exact public law section
    (6) in subsection (f)(1)(A), by striking “Magnuson Act” and inserting “Magnuson-Stevens Fishery Conservation and Management Act”.

  8. Pub. L. 117–286 § 4(a)(124) · 136 Stat. 4196

    Substituted · 16 U.S.C. § 5601(f)(2)

    Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”.

    Enacted provision · exact public law section
    (124) Section 202(f)(2) of the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601(f)(2)) is amended by striking “The Federal Advisory Committee Act (5 U.S.C. App.)” and inserting “Chapter 10 of title 5, United States Code,”.

8 of 8 references resolved to an enrolled provision

Editorial Notes

Amendments2016–2022 · 2 rounds

2022

Subsec. (f)(2). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”.

2016

Subsec. (a)(1). Pub. L. 114–327, § 502(1), in introductory provisions, struck out “General Council and the Fisheries” before “Commission”.

Subsec. (b)(1). Pub. L. 114–327, § 502(2), struck out “at a meeting of the General Council or the Fisheries Commission” after “appointed Commissioner”.

Subsec. (b)(2). Pub. L. 114–327, § 502(3), struck out “, at any meeting of the General Council or the Fisheries Commission for which the Alternate Commissioner is designated” before period at end.

Subsec. (d)(1). Pub. L. 114–327, § 502(4), struck out “at a meeting of the Scientific Council” after “appointed Representative”.

Subsec. (d)(2). Pub. L. 114–327, § 502(5), struck out “, at any meeting of the Scientific Council for which the Alternate Representative is designated” before period at end.

Subsec. (f)(1)(A). Pub. L. 114–327, § 502(6), made technical amendment to reference in original act which appears in text as reference to section 1852 of this title.

Statutory Notes and Related Subsidiaries

Short Title of 2016 Amendment

Pub. L. 114–327, title V, § 501(a), , 130 Stat. 1995, provided that: “This title [amending this section and sections 5602 to 5604, 5606, 5607, 5609, and 5610 of this title and repealing section 5612 of this title] may be cited as the ‘Northwest Atlantic Fisheries Convention Amendments Act’.”

Short Title

Pub. L. 104–43, title II, § 201, , 109 Stat. 377, provided that: “This title [enacting this chapter] may be cited as the ‘Northwest Atlantic Fisheries Convention Act of 1995’.”

Credits

1995–2022 · 3 acts
  1. 1995Pub. L. 104–43, title II, § 202, , 109 Stat. 377
  2. 2016Pub. L. 114–327, title V, § 502, , 130 Stat. 1995
  3. 2022Pub. L. 117–286, § 4(a)(124), , 136 Stat. 4319.
Show as published

(Pub. L. 104–43, title II, § 202, , 109 Stat. 377; Pub. L. 114–327, title V, § 502, , 130 Stat. 1995; Pub. L. 117–286, § 4(a)(124), , 136 Stat. 4319.)

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