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16 U.S.C. § 5612 — Repealed. Pub. L. 114–327, title V, § 510, Dec. 16, 2016, 130 Stat. 1998
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 104–43, title II, § 213, as added Pub. L. 105–384, title II, § 201(d), Nov. 13, 1998, 112 Stat. 345, related to quota allocation practice under the Convention.
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Source file: Laws/federal/codes/united-states-code/title-16/section-5612-repealed-pub-l-114327-title-v-510-dec-16-2016-130-stat-1998--15e1b18fe8.md
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Source location: Title 16, Chapter 76, § 5612; chapter-076-northwest-atlantic-fisheries-convention.md
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### Statutory Notes
Section, Pub. L. 104–43, title II, § 213, as added Pub. L. 105–384, title II, § 201(d), Nov. 13, 1998, 112 Stat. 345, related to quota allocation practice under the Convention.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Commission** — The term “Commission” means the North Pacific Fisheries Commission established in accordance with the North Pacific Fisheries Convention.
(2) **Commissioner** — The term “Commissioner” means a United States Commissioner appointed under [section 7702(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7702/a&num=0&edition=prelim).
(3) **Convention Area** — The term “Convention Area” means the area to which the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean applies under Article 4 of such Convention.
(4) **Council** — The term “Council” means the North Pacific Fishery Management Council, the Pacific Fishery Management Council, or the Western Pacific Fishery Management Council established under [section 1852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1852&num=0&edition=prelim), as the context requires.
(5) **Exclusive economic zone** — The term “exclusive economic zone” means—
(A) with respect to the United States, the zone established by Presidential Proclamation Numbered 5030 of March 10, 1983 ([16 U.S.C. 1453](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1453&num=0&edition=prelim) note); and
(B) with respect to a foreign country, a designated zone similar to the zone referred to in subparagraph (A) for that country, consistent with international law.
(6) **Fisheries resources**
(A) *In general* — Except as provided in subparagraph (B), the term “fisheries resources” means all fish, mollusks, crustaceans, and other marine species caught by a fishing vessel within the Convention Area, as well as any products thereof.
(B) *Exclusions* — The
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Federal law — U.S. Code and appendices · legal_authorities
Page 2555
TITLE 16—CONSERVATION
§ 5612
ucts derived from fishery resources, or any
other activity in preparation for, in support
of, or related to the harvesting of fishery re-
sources.
(B) Inclusions
The term ‘‘fishing activities’’ includes—
(i) the actual or attempted searching for
or catching or taking of fishery resources;
(ii) any activity that can reasonably be
expected to result in locating, catching,
taking, or harvesting of fishery resources
for any purpose; and
(iii) any operation at sea in support of,
or in preparation for, any activity de-
scribed in this paragraph.
(C) Exclusions
The term ‘‘fishing activities’’ does not in-
clude any operation related to emergencies
involving the health and safety of crew
members or the safety of a vessel.
(10) Fishing vessel
(A) In general
The term ‘‘fishing vessel’’ means a vessel
that is or has been engaged in fishing activi-
ties.
(B) Inclusions
The term ‘‘fishing vessel’’ includes a fish
processing vessel or a vessel engaged in
transshipment or any other activity in prep-
aration for or related to fishing activities, or
in experimental or exploratory fishing ac-
tivities.
(11) Organization
The term ‘‘Organization’’ means the North-
west Atlantic Fisheries Organization provided
for by Article V of the Convention.
(12) Person
The term ‘‘person’’ means any individual
(whether or not a citizen or national of the
United States), and any corporation, partner-
ship, association, or other entity (whether or
not organized or existing under the laws of
any State).
(13) Representative
The term ‘‘Representative’’ means a United
States Representative to the Northwest Atlan-
tic Fisheries Scientific Council appointed
under section 5601 of this title.
(14) Scientific council
The term ‘‘Scientifi
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