§ 953. General Advisory Committee and Scientific Advisory Subcommittee

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. 1950

   Tuna Conventions Act of 1950

   Pub. L. 81–907 § 4 · 64 Stat. 777

   Enacted · 16 U.S.C. § 953

   Sept. 7, 1950, ch. 907, § 4, 64 Stat. 778

   Source evidence

   Code source credit
   Sept. 7, 1950, ch. 907, § 4, 64 Stat. 778

   Enacted provision · exact public law section
   Sec. 4. The United States Commissioners shall (a) appoint an Advisory committee. advisory committee which shall be composed of not less than five nor more than fifteen persons who shall be selected from the various groups participating in the fisheries included under the conventions, and (b) shall fix the terms of office of the members of such committee, who shall receive no compensation for their services as such members. Attendance at non-executive meetings, etc. The advisory committee shall be invited to attend all nonexecutive meetings of the United States sections and shall be given full opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the Commissions. The advisory committee may attend all meetings of the international commissions to which they are invited by such commissions.

2. 1992

   International Dolphin Conservation Act of 1992

   Pub. L. 102–523 § 3(a)(2) · 106 Stat. 3425

   Inserted · 16 U.S.C. § 953

   Pub. L. 102–523 inserted “and from nongovernmental conservation organizations,” after “under the conventions,”

   Source evidence

   Code amendment note
   Pub. L. 102–523 inserted “and from nongovernmental conservation organizations,” after “under the conventions,”.

   Enacted provision · exact public law section
   (2) in section 4 by inserting after “under the conventions,” 16 USC 953. the following: “and from nongovernmental conservation organizations,”.

3. 1997

   International Dolphin Conservation Program Act

   Pub. L. 105–42 § 7(b) · 111 Stat. 1122

   Changed · 16 U.S.C. § 953

   Pub. L. 105–42 which directed insertion of catchline and general amendment of text of section 4 of the Tuna Conventions Act, was executed to this section, to reflect the probable intent of Congress. Prior to amendment, text read as follows: “The United States Commissioners shall (a) appoint an advisory committee which shall be composed of not less than five nor more than fifteen persons who shall be selected from the various groups participating in the fisheries included under the conventions, and from nongovernmental conservation organizations, and (b) shall fix the terms of office of the members of such committee, who shall receive no compensation for their services as such members. The advisory committee shall be invited to attend all nonexecutive meetings of the United States sections and shall be given full opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the commissions. The advisory committee may attend all meetings of the international commissions to which they are invited by such commissions.”

   Source evidence

   Code amendment note
   Pub. L. 105–42 which directed insertion of catchline and general amendment of text of section 4 of the Tuna Conventions Act, was executed to this section, to reflect the probable intent of Congress. Prior to amendment, text read as follows: “The United States Commissioners shall (a) appoint an advisory committee which shall be composed of not less than five nor more than fifteen persons who shall be selected from the various groups participating in the fisheries included under the conventions, and from nongovernmental conservation organizations, and (b) shall fix the terms of office of the members of such committee, who shall receive no compensation for their services as such members. The advisory committee shall be invited to attend all nonexecutive meetings of the United States sections and shall be given full opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the commissions. The advisory committee may attend all meetings of the international commissions to which they are invited by such commissions.”

   Enacted provision · exact public law section
   (b) Section 4 of the Tuna Conventions Act (16 U.S.C. 953) is amended to read as follows: “SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY SUBCOMMITTEE. “(a) Appointments; Public Participation; Compensation.— The Secretary, in consultation with the United States Commissioners, shall— “(1) appoint a General Advisory Committee which shall be composed of not less than 5 nor more than 15 persons with balanced representation from the various groups participating in the fisheries included under the conventions, and from nongovernmental conservation organizations; “(2) appoint a Scientific Advisory Subcommittee which shall be composed of not less than 5 nor more than 15 qualified scientists with balanced representation from the public and private sectors, including nongovernmental conservation organizations; “(3) establish procedures to provide for appropriate public participation and public meetings and to provide for the confidentiality of confidential business data; and “(4) fix the terms of office of the members of the General Advisory Committee and Scientific Advisory Subcommittee, who shall receive no compensation for their services as such members. “(b) Functions.— “(1) General advisory committee.— The General Advisory Committee shall be invited to have representatives attend all nonexecutive meetings of the United States sections and shall be given full opportunity to examine and to be heard on all proposed programs of investigations, reports, recommendations, and regulations of the Commission. The General Advisory Committee may attend all meetings of the international commissions to which they are invited by such commissions. “(2) Scientific Advisory Subcommittee.— “(A) Advice.— The Scientific Advisory Subcommittee shall advise the General Advisory Committee and the Commissioners on matters including— “(i) the conservation of ecosystems; “(ii) the sustainable uses of living marine resources related to the tuna fishery in the eastern Pacific Ocean; and “(iii) the long-term conservation and management of stocks of living marine resources in the eastern tropical Pacific Ocean. “(B) Other functions and assistance.— The Scientific Advisory Subcommittee shall, as requested by the General Advisory Committee, the United States Commissioners, or the Secretary, perform functions and provide assistance required by formal agreements entered into by the United States for this fishery, including the International Dolphin Conservation Program. These functions may include— “(i) the review of data from the Program, including data received from the Inter-American Tropical Tuna Commission; “(ii) recommendations on research needs, including ecosystems, fishing practices, and gear technology research, including the development and use of selective, environmentally safe and cost-effective fishing gear, and on the coordination and facilitation of such research; “(iii) recommendations concerning scientific reviews and assessments required under the Program and engaging, as appropriate, in such reviews and assessments; “(iv) consulting with other experts as needed; and “(v) recommending measures to assure the regular and timely full exchange of data among the parties to the Program and each nation’s National Scientific Advisory Committee (or its equivalent). “(3) Attendance at meetings.— The Scientific Advisory Subcommittee shall be invited to have representatives attend all nonexecutive meetings of the United States sections and the General Advisory Subcommittee and shall be given full opportunity to examine and to be heard on all proposed programs of scientific investigation, scientific reports, and scientific recommendations of the commission. Representatives of the Scientific Advisory Subcommittee may attend meetings of the Inter-American Tropical Tuna Commission in accordance with the rules of such Commission.”.

   Effective date note
   For effective date of amendment by Pub. L. 105–42, see section 8 of Pub. L. 105–42, set out as a note under section 1362 of this title.

4. 2015

   Antigua Convention Implementing Act of 2015

   Pub. L. 114–81 § 205(1) · 129 Stat. 649

   1. Added · 16 U.S.C. § 953(a)

      Pub. L. 114–81, § 205(1), added subsec. (a)

   2. Struck · 16 U.S.C. § 953(a)

      Pub. L. 114–81, § 205(1), struck out former subsec. (a), which related to General Advisory Committee appointment, public participation, and compensation

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–81, § 205(1), added subsec. (a) and struck out former subsec. (a), which related to General Advisory Committee appointment, public participation, and compensation.

   Enacted provision · exact public law section
   (1) by striking subsection (a) and inserting the following: “(a) General Advisory Committee.— “(1) Appointments; public participation; compensation.— “(A) The Secretary, in consultation with the Secretary of State, shall appoint a General Advisory Committee which shall consist of not more than 25 individuals who shall be representative of the various groups concerned with the fisheries covered by the Convention, including nongovernmental conservation organizations, providing to the maximum extent practicable an equitable balance among such groups. Members of the General Advisory Committee will be eligible to participate as members of the United States delegation to the Commission and its working groups to the extent the Commission rules and space for delegations allow. “(B) The chair of the Pacific Fishery Management Council’s Advisory Subpanel for Highly Migratory Fisheries and the chair of the Western Pacific Fishery Management Council’s Advisory Committee shall be ex-officio members of the General Advisory Committee by virtue of their positions in those Councils. “(C) Each member of the General Advisory Committee appointed under subparagraph (A) shall serve for a term of 3 years and is eligible for reappointment. “(D) The General Advisory Committee shall be invited to attend all non-executive meetings of the United States delegation and at such meetings shall be given opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the Commission. “(E) The General Advisory Committee shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this title, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and the Convention. Publication. Public information. The General Advisory Committee shall publish and make available to the public a statement of its organization, practices, and procedures. Meetings of the General Advisory Committee, except when in executive session, shall be open to the public, and prior notice of meetings shall be made public in timely fashion. The General Advisory Committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). “(2) Information sharing.— The Secretary and the Secretary of State shall furnish the General Advisory Committee with relevant information concerning fisheries and international fishery agreements. “(3) Administrative matters.— “(A) The Secretary shall provide to the General Advisory Committee in a timely manner such administrative and technical support services as are necessary for its effective functioning. “(B) Individuals appointed to serve as a member of the General Advisory Committee— “(i) shall serve without pay, but while away from their homes or regular places of business to attend meetings of the General Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code; and “(ii) shall not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code.” ;

5. 2015

   Antigua Convention Implementing Act of 2015

   Pub. L. 114–81 § 205(2) · 129 Stat. 649

   Substituted · 16 U.S.C. § 953(b)

   Pub. L. 114–81, § 205(2), substituted “Scientific Advisory Subcommittee” for “Functions” in heading

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 114–81, § 205(2), substituted “Scientific Advisory Subcommittee” for “Functions” in heading.

   Enacted provision · exact public law section
   (2) by striking so much of subsection (b) as precedes paragraph (2) and inserting the following: “(b) Scientific Advisory Subcommittee.— (1) The Secretary, in consultation with the Secretary of State, shall appoint a Scientific Advisory Subcommittee of not less than 5 nor more than 15 qualified scientists with balanced representation from the public and private sectors, including nongovernmental conservation organizations.” ; and

6. 2015

   Antigua Convention Implementing Act of 2015

   Pub. L. 114–81 § 205(2) · 129 Stat. 649

   1. Added · 16 U.S.C. § 953(b)(1)

      Pub. L. 114–81, § 205(2), added par. (1)

   2. Struck · 16 U.S.C. § 953(b)(1)

      Pub. L. 114–81, § 205(2), struck out former par. (1) which read as follows: “The General Advisory Committee shall be invited to have representatives attend all nonexecutive meetings of the United States sections and shall be given full opportunity to examine and to be heard on all proposed programs of investigations, reports, recommendations, and regulations of the Commission. The General Advisory Committee may attend all meetings of the international commissions to which they are invited by such commissions.”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 114–81, § 205(2), added par. (1) and struck out former par. (1) which read as follows: “The General Advisory Committee shall be invited to have representatives attend all nonexecutive meetings of the United States sections and shall be given full opportunity to examine and to be heard on all proposed programs of investigations, reports, recommendations, and regulations of the Commission. The General Advisory Committee may attend all meetings of the international commissions to which they are invited by such commissions.”

   Enacted provision · exact public law section
   (2) by striking so much of subsection (b) as precedes paragraph (2) and inserting the following: “(b) Scientific Advisory Subcommittee.— (1) The Secretary, in consultation with the Secretary of State, shall appoint a Scientific Advisory Subcommittee of not less than 5 nor more than 15 qualified scientists with balanced representation from the public and private sectors, including nongovernmental conservation organizations.” ; and

7. 2015

   Antigua Convention Implementing Act of 2015

   Pub. L. 114–81 § 205(3) · 129 Stat. 649

   Substituted · 16 U.S.C. § 953(b)(3)

   Pub. L. 114–81, § 205(3), substituted “General Advisory Committee” for “General Advisory Subcommittee”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 114–81, § 205(3), substituted “General Advisory Committee” for “General Advisory Subcommittee”.

   Enacted provision · exact public law section
   (3) in subsection (b)(3), by striking “General Advisory Subcommittee” and inserting “General Advisory Committee”.

8. 2022

   Pub. L. 117–286 § 4(a)(105) · 136 Stat. 4196

   Substituted · 16 U.S.C. § 953(a)(1)(E)

   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. (a)(1)(E). 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
   (105) Section 4(a)(1)(E) of the Tuna Conventions Act of 1950 (16 U.S.C. 953(a)(1)(E)) is amended by striking “the Federal Advisory Committee Act (5 U.S.C. App.).” and inserting “chapter 10 of title 5, United States Code.”.

10 of 10 references resolved to an enrolled provision