§ 971b. Advisory committee

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. 1975

   Atlantic Tunas Convention Act of 1975

   Pub. L. 94–70 § 4 · 89 Stat. 385

   Enacted · 16 U.S.C. § 971b

   Pub. L. 94–70, § 4, Aug. 5, 1975, 89 Stat. 386

   Source evidence

   Code source credit
   Pub. L. 94–70, § 4, Aug. 5, 1975, 89 Stat. 386

   Enacted provision · exact public law section
   Sec. 4. advisory committee The United States Commissioners shall appoint an advisory committee which shall be composed of not less than five nor more than twenty individuals who shall be selected from the various groups 20 USC 2887. concerned with the fisheries covered by the Convention. Each member of the advisory committee shall serve for a term of two years and be eligible for reappointment. Members of the advisory committee may attend all public meetings of the Commission, Council, or any Panel and any other meetings to which they are invited by the Commission, Council, or any Panel. The advisory committee shall be invited to attend all nonexecutive meetings of the United States Commissioners 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. Members of the advisory committee shall receive no compensation for their services as such members. On approval by the United States Commissioners— (1) if not more than three members of the advisory committee are designated by the committee to attend any meeting of the Commission, Council, or advisory committee, or of any Panel, each of such members shall be paid for his actual transportation expenses and per diem incident to his attendance; and (2) in any case in which more than three members are designated by the advisory committee to attend any such meeting, each such member to whom paragraph (1) does not apply may be paid for his actual transportation expenses and per diem incident to his attendance.

2. 1980

   Pub. L. 96–339 § 1(1) · 94 Stat. 1069

   1. Amended · 16 U.S.C. § 971b

      Pub. L. 96–339 incorporated existing provision in par. designated (1)

   2. Added · 16 U.S.C. § 971b

      Pub. L. 96–339 incorporated existing provision in par. added par. (2)

   3. Redesignated · 16 U.S.C. § 971b

      Pub. L. 96–339 incorporated existing provision in par. redesignated as subpars. (A) and (B) former pars. (1) and (2)

   4. Substituted · 16 U.S.C. § 971b

      Pub. L. 96–339 incorporated existing provision in par. substituted in subpar. (B) reference to “subparagraph (A)” for “paragraph (1)”, and made specific reference to appointment of committee member under paragraph (1)

   Source evidence

   Code amendment note
   Pub. L. 96–339 incorporated existing provision in par. designated (1), added par. (2), redesignated as subpars. (A) and (B) former pars. (1) and (2), substituted in subpar. (B) reference to “subparagraph (A)” for “paragraph (1)”, and made specific reference to appointment of committee member under paragraph (1).

   Enacted provision · exact public law section
   (1) Section 4 is amended— Advisory committee. 16 USC 971b. (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by striking out “paragraph (1)” in subparagraph (B) (as so redesignated) and inserting in lieu thereof “subparagraph (A)”; and (C) by amending the first and second sentences to read as follows: “There is established an advisory committee which shall be composed Membership. of— “(1) not less than five nor more than twenty individuals appointed by the United States Commissioners who shall select such individuals from the various groups concerned with the fisheries covered by the Convention; and “(2) the chairmen (or their designees) of the New England, Mid-Atlantic, South Atlantic, Caribbean, and Gulf Fishery Management Councils established under section 302(a) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1852(a)). Each member of the advisory committee appointed under paragraph Term of office. (1) shall serve for a term of two years and shall be eligible for reappointment.”.

3. 1980

   Magnuson Fishery Conservation and Management Act

   Pub. L. 96–561 title II § 238(b) · 94 Stat. 3275

   Substituted · 16 U.S.C. § 971b(2)

   Pub. L. 96–561 substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 96–561 substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”.

   Enacted provision · exact public law section
   (b) Effective 15 days after the date of enactment of this title, all references to the Fishery Conservation and Management Act of 1976 shall be redesignated as references to the Magnuson Fishery Conservation and Management Act.

   Effective date note
   Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that section is effective 15 days after Dec. 22, 1980.

4. 1990

   Pub. L. 101–627 title II § 204 · 104 Stat. 4436

   Amended · 16 U.S.C. § 971b

   Pub. L. 101–627 amended last sentence generally. Prior to amendment, last sentence read as follows: “On approval by the United States Commissioners—

   Source evidence

   Code amendment note
   Pub. L. 101–627 amended last sentence generally. Prior to amendment, last sentence read as follows: “On approval by the United States Commissioners—

   “(A) if not more than three members of the advisory committee are designated by the committee to attend any meeting of the Commission, Council, or advisory committee, or of any Panel, each of such members shall be paid for his actual transportation expenses and per diem incident to his attendance; and “(B) in any case in which more than three members are designated by the advisory committee to attend any such meeting, each such member to whom subparagraph (A) does not apply may be paid for his actual transportation expenses and per diem incident to his attendance.”

   Enacted provision · exact public law section
   Sec. 204. travel expenses of advisory committee Section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971b) is amended by striking “On approval” and all that follows and inserting in lieu thereof the following: “The Secretary and the Secretary of State may pay the necessary travel expenses of members of the advisory committee in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code.”.

5. 1995

   Atlantic Tunas Convention Authorization Act of 1995

   Pub. L. 104–43 title III § 304 · 109 Stat. 366

   1. Amended · 16 U.S.C. § 971b

      Pub. L. 104–43 designated existing provisions as subsec. (a)

   2. Added · 16 U.S.C. § 971b

      Pub. L. 104–43 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 104–43 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   SEC. 304. ADVISORY COMMITTEE PROCEDURES. Section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971b) is amended— (1) by inserting “(a)” before “There”; and (2) by adding at the end the following: “(b) (1) A majority of the members of the advisory committee shall constitute a quorum, but one or more such members designated by the advisory committee may hold meetings to provide for public participation and to discuss measures relating to the United States implementation of Commission recommendations. “(2) The advisory committee shall elect a Chairman for a 2-year term from among its members. “(3) The advisory committee shall meet at appropriate times and places at least twice a year, at the call of the Chairman or upon the request of the majority of its voting members, the United States Commissioners, the Secretary, or the Secretary of Public information. State. Meetings of the advisory committee, except when in executive session, shall be open to the public, and prior notice of meetings shall be made public in a timely fashion. “(4) (A) The Secretary shall provide to the advisory committee in a timely manner such administrative and technical support services as are necessary for the effective functioning of the committee. “(B) The Secretary and the Secretary of State shall furnish the advisory committee with relevant information concerning fisheries and international fishery agreements. “(5) The advisory committee shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this Act, the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and the Convention. Publication. Public information. The advisory committee shall publish and make available to the public a statement of its organization, practices, and procedures. “(6) The advisory committee shall, to the maximum extent practicable, consist of an equitable balance among the various groups concerned with the fisheries covered by the Convention and shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).”.

6. 1998

   Pub. L. 105–384 title II § 202(b)(1)(F) · 112 Stat. 3451

   Substituted · 16 U.S.C. § 971b(a)(2); 16 U.S.C. § 971b(b)(5)

   Pub. L. 105–384 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”

   Source evidence

   Code amendment note
   Subsecs. (a)(2), (b)(5). Pub. L. 105–384 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.

   Enacted provision · exact public law section
   (F) by striking “Magnuson Fishery” each place it appears 16 USC 971, 971b, 971d, 971e. and inserting “Magnuson-Stevens Fishery”.

7. 2022

   Pub. L. 117–286 § 4(a)(106) · 136 Stat. 4196

   Substituted · 16 U.S.C. § 971b(b)(6)

   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. (b)(6). 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
   (106) Section 4(b)(6) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971b(b)(6)) is amended by striking “the Federal Advisory Committee Act (5 U.S.C. App.).” and inserting “chapter 10 of title 5, United States Code.”.

11 of 11 references resolved to an enrolled provision