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16 U.S.C. § 5601 — Representation of United States under Convention
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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Stable record: federal_law:legal_authorities:record_usc_a953dceb7e12cdd13eeae4a9
Source file: Laws/federal/codes/united-states-code/title-16/section-5601-representation-of-united-states-under-convention--d2f72426c4.md
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Source location: Title 16, Chapter 76, § 5601; chapter-076-northwest-atlantic-fisheries-convention.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1852&num=0&edition=prelim); and
(B) consult with the committee established under [section 5607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5607&num=0&edition=prelim).
(2) **Relationship to other law** — Chapter 10 of title 5 shall not apply to coordination and consultations under this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment**
(1) There shall be established, within 120 days after April 13, 1976, eight Regional Fishery Management Councils, as follows:
(A) *New England Council* — The New England Fishery Management Council shall consist of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except as provided in paragraph (3)). The New England Council shall have 18 voting members, including 12 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State).
(B) *Mid-Atlantic Council* — The Mid-Atlantic Fishery Management Council shall consist of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia, and North Carolina and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except North Carolina, and as provided in paragraph (3)). The Mid-Atlantic Council shall have 21 voting members, including 13 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State).
(C) *South Atlantic Council* — The South Atlantic Fishery Management Council shall consist of the States of North Carolina, South Carolina, Georgia, and Florida and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except as provided in paragraph (3)). The South Atlantic Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State).
(D) *Caribbean Council* — The Caribbean Fishery Management Council shall consist of the Virgin Islands and the Commonwealth of P
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1852
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary of State and the Secretary, shall jointly establish a consultative committee to advise the Secretaries on issues related to the Convention.
**(b) Membership**
(1) The membership of the Committee shall include representatives from the New England and Mid-Atlantic Fishery Management Councils, the States represented on those Councils, the Atlantic States Marine Fisheries Commission, the fishing industry, the seafood processing industry, and others knowledgeable and experienced in the conservation and management of fisheries in the Northwest Atlantic Ocean.
(2) **Terms and Reappointment.—** — Each member of the consultative committee shall serve for a term of 2 years and shall be eligible for reappointment.
**(c) Duties of committee** Members of the consultative committee may attend—
(1) all public meetings of the Commission;
(2) any other meetings to which they are invited by the Commission; and
(3) all nonexecutive meetings of the United States Commissioners.
**(d) Relationship to other law** Chapter 10 of title 5 shall not apply to the consultative committee established under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5607
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5612
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce this Act, and the Acts to which this section applies, in accordance with this section. Each such Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel services, equipment (including aircraft and vessels), and facilities of any other Federal agency, and of any State agency, in the performance of such duties.
**(b) Acts to which section applies** This section applies to—
(1) the Pacific Salmon Treaty Act of 1985 ([16 U.S.C. 3631](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3631&num=0&edition=prelim) et seq.);
(2) the Dolphin Protection Consumer Information Act ([16 U.S.C. 1385](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1385&num=0&edition=prelim));
(3) the Tuna Conventions Act of 1950 ([16 U.S.C. 951](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section951&num=0&edition=prelim) et seq.);
(4) the North Pacific Anadromous Stocks Act of 1992 ([16 U.S.C. 5001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5001&num=0&edition=prelim) et seq.);
(5) the Atlantic Tunas Convention Act of 1975 ([16 U.S.C. 971](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971&num=0&edition=prelim) et seq.);
(6) the Northwest Atlantic Fisheries Convention Act of 1995 ([16 U.S.C. 5601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5601&num=0&edition=prelim) et seq.);
(7) the Western and Central Pacific Fisheries Convention Implementation Act ([16 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6901&num=0&edition=prelim) et s
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **1982 Convention** — The term “1982 Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982.
(2) **Authorized enforcement officer** — The term “authorized enforcement officer” means a person authorized to enforce this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Convention.
(3) **Commission** — The term “Commission” means the body provided for by Articles V, VI, XIII, XIV, and XV of the Convention.
(4) **Commissioner** — The term “Commissioner” means a United States Commissioner to the Northwest Atlantic Fisheries Organization appointed under [section 5601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5601&num=0&edition=prelim).
(5) **Convention** — The term “Convention” means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978, and as amended on September 28, 2007.
(6) **Convention Area** — The term “Convention Area” means the waters of the Northwest Atlantic Ocean north of 35°00′ N and west of a line extending due north from 35°00′ N and 42°00′ W to 59°00′ N, thence due west to 44°00′ W, and thence due north to the coast of Greenland, and the waters of the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 78°10′ N.
(7) **Council** — The term “Council” means the New England Fishery Management Council or the Mid-Atlantic Fishery Management Council.
(8) **Fishery resources**
(A) *In general* — The term “fishery resources” means all fish, mollusks, and crustaceans, including any products thereof, within the Convention Area.
(B) *Exclusions* — The term “fishery resources” does not include—
(i) sedentary
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5609
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 7701
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Federal law — U.S. Code and appendices · legal_authorities
Page 2551
TITLE 16—CONSERVATION
§ 5601
any condition thereof is breached, as determined
by such court.
(2) Any living marine resources seized pursu-
ant to this chapter may be sold, subject to the
approval of the appropriate court, for not less
than the fair market value thereof. The proceeds
of any such sale shall be deposited with such
court pending the disposition of the matter in-
volved.
(e) Rebuttable presumption
For purposes of this section, all living marine
resources found on board a high seas fishing ves-
sel and which are seized in connection with an
act prohibited by section 5505 of this title are
presumed to have been taken or retained in vio-
lation of this chapter, but the presumption can
be rebutted by an appropriate showing of evi-
dence to the contrary.
(Pub. L. 104–43, title I, § 110, Nov. 3, 1995, 109 Stat.
375.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 120 days after Nov. 3, 1995, see sec-
tion 111 of Pub. L. 104–43, set out as a note under sec-
tion 5501 of this title.
CHAPTER 76—NORTHWEST ATLANTIC
FISHERIES CONVENTION
Sec.
5601.
Representation of United States under Con-
vention.
5602.
Requests for scientific advice.
5603.
Authorities of Secretary of State with respect
to Convention.
5604.
Interagency cooperation.
5605.
Rulemaking.
5606.
Prohibited acts and enforcement.
5607.
Consultative committee.
5608.
Administrative matters.
5609.
Definitions.
5610.
Authorization of appropriations.
5611.
Repealed.
5612.
Repealed.
§ 5601. 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 Commission, who
shall each—
(A) b
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 5601
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