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16 U.S.C. § 971a — Commissioners

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 971a — Commissioners

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Stable record: federal_law:legal_authorities:record_usc_344be4701a64ef7dbd56623b
Source file: Laws/federal/codes/united-states-code/title-16/section-971a-commissioners--b1500837f4.md
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Source location: Title 16, Chapter 16A, § 971a; chapter-16a-atlantic-tunas-convention.md

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**(a) Appointment and number; selection of Chairman; rules of procedure; term** (1) The United States shall be represented by not more than three Commissioners who shall serve as delegates of the United States on the Commission, and who may serve on the Council and Panels of the Commission as provided for in the Convention. Such Commissioners shall be appointed by and serve at the pleasure of the President. Not more than one such Commissioner shall be a salaried employee of any State or political subdivision thereof, or the Federal Government. Individuals serving as such Commissioners shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28. The Commissioners shall be entitled to select a Chairman and to adopt such rules of procedure as they find necessary. (2) Of the Commissioners appointed under paragraph (1) who are not governmental employees— (A) one shall be appointed from among individuals with knowledge and experience regarding commercial fishing in the Atlantic Ocean, Gulf of Mexico, or Caribbean Sea; and (B) one shall be appointed from among individuals with knowledge and experience regarding recreational fishing in the Atlantic Ocean, Gulf of Mexico, or Caribbean Sea. (3) (A) The term of a Commissioner shall be three years. (B) An individual appointed in accordance with paragraph (2) shall not be eligible to serve more than two consecutive terms as a Commissioner. **(b) Alternate Commissioners** The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time deemed appropriate Alternate United States Commissioners to the Commission. Any Alternate United States Commissioner may exercise at any meeting of the Commission, Council, any Panel, or the advisory committee established pursuant to [section 971b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971b&num=0&edition=prelim), all powers and duties of a United States Commissioner in the absence of any Commissioner appointed pursuant to subsection (a) of this section for whatever reason. The number of such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of United States Commissioners appointed pursuant to subsection (a) of this section who will not be present at such meeting. **(c) Compensation** The United States Commissioners or Alternate Commissioners, although officers of the United States while so serving, shall receive no compensation for their services as such Commissioners or Alternate Commissioners. **(d) Travel expenses** (1) The Secretary of State shall pay the necessary travel expenses of United States Commissioners, Alternate United States Commissioners, and authorized advisors in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5. (2) The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this subsection. **(e) Sense of Congress regarding fish habitat** It is the sense of the Congress that the United States Commissioners should seek to include ecosystem considerations in fisheries management, including the conservation of fish habitat.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 971b — Advisory committee

**(a)** There is established an advisory committee which shall be composed 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 Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1852(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1852/a&num=0&edition=prelim)). Each member of the advisory committee appointed under paragraph (1) shall serve for a term of two years and shall 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. 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. **(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 meetin

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 971a — Commissioners

Page 1570 TITLE 16—CONSERVATION § 971a extent that such zones are recognized by the United States.’’ Pub. L. 104–43, § 303(1), redesignated par. (4) as (5). Former par. (5) redesignated (6). Pars. (6) to (11). Pub. L. 104–43, § 303(1), redesignated pars. (5) to (10) as (6) to (11), respectively. 1977—Par. (4). Pub. L. 95–33 struck out the comma be- tween ‘‘zone’’ and ‘‘contiguous’’, substituted ‘‘two hun- dred’’ for ‘‘200’’, and substituted a semicolon for a comma after ‘‘is measured’’. 1976—Par. (4). Pub. L. 94–265, which directed the sub- stitution of ‘‘the waters included within a zone, contig- uous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal state, and the outer boundary is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured,’’ for ‘‘the fisheries zone established pursuant to the Act of Octo- ber 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094)’’, was exe- cuted by making the substitution for ‘‘the entire zone established by the United States under the Act of Octo- ber 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094)’’, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–265, title IV, § 405(b), Apr. 13, 1976, 90 Stat. 361, provided that the amendment made by section 405(a) of Pub. L. 94–265 to this section was to take effect Mar. 1, 1977, prior to the general amendment of title IV of Pub. L. 94–265 by Pub. L. 104–297. SHORT TITLE OF 1995 AMENDMENT Pub. L. 104–43, title III, § 301, Nov. 3, 1995, 109 Stat. 382, provided that: ‘‘This title [enacting sections 971j and 971k of this title, amending this s

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