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16 U.S.C. § 971b — Advisory committee
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-16/section-971b-advisory-committee--d96043aa32.md
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Source location: Title 16, Chapter 16A, § 971b; chapter-16a-atlantic-tunas-convention.md
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**(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 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 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 chapter, the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.), and the Convention. 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 chapter 10 of title 5.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities.
(2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels.
(3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen.
(4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effectiv
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Federal law — U.S. Code and appendices · legal_authorities
**(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 Alte
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated to the Secretary to carry out this chapter, including use for payment of the United States share of the joint expenses of the Commission as provided in Article X of the Convention—
(1) $5,770,000 for each of fiscal years 2007 and 2008;
(2) $6,058,000 for each of fiscal years 2009 and 2010; and
(3) $6,361,000 for each of fiscal years 2011 and 2013.
**(b) Allocation** Of the amounts made available under subsection (a) for each fiscal year—
(1) $160,000 are authorized for the advisory committee established under [section 971b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971b&num=0&edition=prelim) and the species working groups established under [section 971b–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971b-1&num=0&edition=prelim); and
(2) $7,500,000 are authorized for research activities under this chapter and [section 971i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971i&num=0&edition=prelim), of which $3,000,000 shall be for the cooperative research program under [section 971i(b)(2)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971i/b/2/H&num=0&edition=prelim).11 See References in Text note below.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Omitted**
**(b) Highly migratory species research and monitoring**
(1) Within 6 months after November 3, 1995, the Secretary of Commerce, in cooperation with the advisory committee established under section 4 of the Atlantic Tunas Convention Act of 1975 ([16 U.S.C. 971b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971b&num=0&edition=prelim)) and in consultation with the United States Commissioners on the International Commission for the Conservation of Atlantic Tunas (referred to elsewhere in this section as the “Commission”) and the Secretary of State, shall develop and implement a comprehensive research and monitoring program to support the conservation and management of Atlantic bluefin tuna and other highly migratory species that shall—
(A) identify and define the range of stocks of highly migratory species in the Atlantic Ocean, including Atlantic bluefin tuna; and
(B) provide for appropriate participation by nations which are members of the Commission.
(2) The program shall provide for, but not be limited to—
(A) statistically designed cooperative tagging studies;
(B) genetic and biochemical stock analyses;
(C) population censuses carried out through aerial surveys of fishing grounds and known migration areas;
(D) adequate observer coverage and port sampling of commercial and recreational fishing activity;
(E) collection of comparable real-time data on commercial and recreational catches and landings through the use of permits, logbooks, landing reports for charter operations and fishing tournaments, and programs to provide reliable reporting of the catch by private anglers;
(F) studies of the life history parameters of Atlantic bluefin tuna and other highly migratory species;
(G) integration of d
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Federal law — U.S. Code and appendices · legal_authorities
Page 1991
TITLE 16—CONSERVATION
§ 1801
Sec.
1826k.
Equivalent conservation measures.
1827.
Observer program regarding certain foreign
fishing.
1827a.
Prohibition on sale of billfish.
1828.
Foreign fishing incursions.
1829.
International monitoring and compliance.
SUBCHAPTER IV—NATIONAL FISHERY
MANAGEMENT PROGRAM
1851.
National standards for fishery conservation
and management.
1852.
Regional Fishery Management Councils.
1853.
Contents of fishery management plans.
1853a.
Limited access privilege programs.
1854.
Action by Secretary.
1855.
Other requirements and authority.
1856.
State jurisdiction.
1857.
Prohibited acts.
1858.
Civil penalties and permit sanctions.
1859.
Criminal offenses.
1860.
Civil forfeitures.
1861.
Enforcement.
1861a.
Transition to sustainable fisheries.
1861b.
Fisheries enforcement plans and reporting.
1862.
North Pacific fisheries conservation.
1863.
Northwest Atlantic Ocean Fisheries Reinvest-
ment Program.
1864.
Repealed.
1865.
Bycatch reduction engineering program.
1866.
Shark feeding.
1867.
Cooperative research and management pro-
gram.
1868.
Herring study.
1869.
Restoration study.
SUBCHAPTER V—FISHERY MONITORING AND
RESEARCH
1881.
Registration and information management.
1881a.
Information collection.
1881b.
Observers.
1881c.
Fisheries research.
1881d.
Incidental harvest research.
1882.
Fisheries systems research.
1883.
Gulf of Mexico red snapper research.
1884.
Deep sea coral research and technology pro-
gram.
1885.
Seafood import monitoring program.
1885a.
Report on Seafood Import Monitoring Pro-
gram.
SUBCHAPTER VI—MISCELLANEOUS
1891.
Investment in United States seafood proc-
essing facilities.
1891a.
Community-based restoration program for
fishery and coast
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1801
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 2057
TITLE 16—CONSERVATION
§ 1852
spect to their ownership or mortgage interest in such
vessel on that date to the extent of any such inconsist-
ency. The provisions of section 12102(c) [now 12113(b)(2)
to (d)] and section 31322(a) of title 46, United States
Code, as amended by this Act, shall apply to all subse-
quent owners and mortgagees of such vessel, and shall
apply, notwithstanding the preceding sentence, to the
owner on [sic] of such vessel if any ownership interest
in that owner is transferred to or otherwise acquired by
a foreign individual or entity after or if the percentage
of foreign ownership in the vessel is increased after the
effective date of this subsection [July 24, 2001].’’
[Pub. L. 107–20, title II, § 2202(e)(2), July 24, 2001, 115
Stat. 170, provided that: ‘‘Section 213(g) of the Amer-
ican Fisheries Act (Public Law 105–277, division C, title
II) [set out above] shall take effect on the date of en-
actment of this Act [July 24, 2001].’’]
RESTRICTION ON FUNDING CERTAIN NEW FISHERY
MANAGEMENT PLANS, AMENDMENTS OR REGULATIONS
Pub. L. 104–208, div. A, title I, § 101(a) [title II, §§ 208,
211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–40, 3009–41, pro-
vided that: ‘‘None of the funds appropriated under this
Act or any other Act henceforth may be used to de-
velop new fishery management plans, amendments, or
regulations which create new individual fishing quota
programs (whether such quotas are transferable or not)
or to implement any such plans, amendments or regu-
lations approved by a Regional Fishery Management
Council or the Secretary after January 4, 1995, until
offsetting fees to pay for the cost of administering such
plans, amendments, or regulations are expressly au-
thorized under the Magnuson-Stevens Fishery Con-
se
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1852
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Federal law — U.S. Code and appendices · legal_authorities
Page 1571
TITLE 16—CONSERVATION
§ 971b
Dec. 23, 2000, 114 Stat. 2806; Pub. L. 109–479, title
IV, § 405(c), Jan. 12, 2007, 120 Stat. 3633.)
Editorial Notes
AMENDMENTS
2007—Subsec. (e). Pub. L. 109–479 added subsec. (e).
2000—Subsec. (a)(1). Pub. L. 106–562 inserted before
last sentence ‘‘Individuals serving as such Commis-
sioners shall not be considered to be Federal employees
while performing such service, except for purposes of
injury compensation or tort claims liability as pro-
vided in chapter 81 of title 5 and chapter 171 of title 28.’’
1990—Subsec. (a). Pub. L. 101–627, § 201(a), designated
existing provisions as par. (1) and added pars. (2) and
(3).
Subsec. (d). Pub. L. 101–627, § 203, added subsec. (d).
Statutory Notes and Related Subsidiaries
LIMITATIONS ON APPOINTMENTS OF COMMISSIONERS;
APPLICATION TO CURRENT COMMISSIONERS
Pub. L. 101–627, title II, § 201(b), Nov. 28, 1990, 104 Stat.
4460, provided that:
‘‘(1) Paragraph (2) of section 3(a) of the Atlantic
Tunas Convention Act of 1975 (16 U.S.C. 971a(a)), as
added by this section, shall not apply to reappointment
of an individual as a United States Commissioner of the
International Commission for the Conservation of At-
lantic Tunas (hereinafter in this title [enacting section
971b–1 of this title, amending this section and sections
971b, 971d, and 971h of this title, and enacting provisions
set out as a note below] referred to as a ‘Commis-
sioner’) if that individual is serving in that position on
the date of enactment of this Act [Nov. 28, 1990].
‘‘(2) An individual serving a term as a Commissioner
on the date of enactment of this Act shall not, by rea-
son of that term of service, be ineligible under para-
graph (3)(B) of section 3(a) of the Atlantic Tunas Con-
vention Act of 1975
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 971b
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