16 U.S.C. § 971b — Advisory committee

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 (16 U.S.C. 971a(a)), as added by this section, for reappointment as a Commissioner.’’ TERMINATION OF CURRENT TERMS AND COMPLETION OF PENDING APPOINTMENTS Pub. L. 101–627, title II, § 202, Nov. 28, 1990, 104 Stat. 4460, provided that: ‘‘The term as Commissioner of each individual serving in that position on the date of enact- ment of this Act [Nov. 28, 1990] shall terminate March 1, 1991. Not later than that date, the President shall complete appointment (or reappointment) of individ- uals to serve as Commissioners on and after that date.’’ § 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 individ- uals 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)). Each member of the advisory committee ap- pointed under paragraph (1) shall serve for a term of two years and shall be eligible for re- appointment. Members of the advisory com- mittee 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 advi- sory 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 Com- mission. Members of the advisory committee shall receive no compensation for their services as such members. The Secretary and the Sec- retary of State may pay the necessary travel ex- penses 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 advi- sory committee shall constitute a quorum, but one or more such members designated by the ad- visory 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 ap- propriate 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 fash- ion. (4)(A) The Secretary shall provide to the advi- sory committee in a timely manner such admin- istrative 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 rel- evant 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 et seq.), and the Convention. The advisory committee shall publish and make available to the public a statement of its organization, prac- tices, and procedures. (6) The advisory committee shall, to the max- imum 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. (Pub. L. 94–70, § 4, Aug. 5, 1975, 89 Stat. 386; Pub. L. 96–339, § 1(1), Sept. 4, 1980, 94 Stat. 1069; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 101–627, title II, § 204, Nov. 28, 1990, 104 Stat. 4460; Pub. L. 104–43, title III, § 304, Nov. 3, 1995, 109 Stat. 384; Pub. L. 105–384, title II, § 202(b)(1)(F), Nov. 13, 1998, 112 Stat. 3453; Pub. L. 117–286, § 4(a)(106), Dec. 27, 2022, 136 Stat. 4317.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(5), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified Page 1572 TITLE 16—CONSERVATION § 971b–1 principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. AMENDMENTS 2022—Subsec. (b)(6). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.).’’ 1998—Subsecs. (a)(2), (b)(5). Pub. L. 105–384 substituted ‘‘Magnuson-Stevens Fishery’’ for ‘‘Magnuson Fishery’’. 1995—Pub. L. 104–43 designated existing provisions as subsec. (a) and added subsec. (b). 1990—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 advi- sory 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 sub- paragraph (A) does not apply may be paid for his ac- tual transportation expenses and per diem incident to his attendance.’’ 1980—Pub. L. 96–339 incorporated existing provision in par. designated (1), added par. (2), redesignated as sub- pars. (A) and (B) former pars. (1) and (2), substituted in subpar. (B) reference to ‘‘subparagraph (A)’’ for ‘‘para- graph (1)’’, and made specific reference to appointment of committee member under paragraph (1). Par. (2). Pub. L. 96–561 substituted ‘‘Magnuson Fish- ery Conservation and Management Act’’ for ‘‘Fishery Conservation and Management Act of 1976’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that sec- tion is effective 15 days after Dec. 22, 1980. § 971b–1. Species working groups The United States Commissioners may estab- lish species working groups for the purpose of providing advice and recommendations to the Commissioners and the advisory committee on matters relating to the conservation and man- agement of any highly migratory species cov- ered by the Convention. Any species working group shall consist of no more than seven mem- bers of the advisory committee and no more than four scientific or technical personnel, as considered necessary by the Commissioner. (Pub. L. 94–70, § 4A, as added Pub. L. 101–627, title II, § 205, Nov. 28, 1990, 104 Stat. 4460.) § 971c. Authority of Secretary of State; coopera- tive enforcement agreements (a) Recommendations from Commission The Secretary of State is authorized to receive on behalf of the United States, reports, requests, and other communications of the Commission, and to act thereon directly or by reference to the appropriate authorities. The Secretary of State, with the concurrence of the Secretary and, for matters relating to enforcement, the Secretary of the department in which the Coast Guard is operating, is authorized to take appro- priate action on behalf of the United States with regard to recommendations received from the Commission pursuant to article VIII of the Con- vention. The Secretary and, when appropriate, the Secretary of the department in which the Coast Guard is operating, shall inform the Sec- retary of State as to what action he considers appropriate within five months of the date of the notification of the recommendation from the Commission, and again within forty-five days of the additional sixty-day period provided by the Convention if any objection is presented by another contracting party to the Convention, or within thirty days of the date of the notifica- tion of an objection made within the additional sixty-day period, whichever date shall be the later. After any notification from the Commis- sion that an objection of the United States is to be considered as having no effect, the Secretary shall inform the Secretary of State as to what action he considers appropriate within forty-five days of the sixty-day period provided by the Convention for reaffirming objections. The Sec- retary of State shall take steps under the Con- vention to insure that a recommendation pursu- ant to article VIII of the Convention does not become effective for the United States prior to its becoming effective for all contracting parties conducting fisheries affected by such rec- ommendation on a meaningful scale in terms of their effect upon the success of the conservation program, unless he determines, with the concur- rence of the Secretary, and, for matters relating to enforcement, the Secretary of the department in which the Coast Guard is operating, that the purposes of the Convention would be served by allowing a recommendation to take effect for the United States at some earlier time. (b) Enforcement agreements The Secretary of State, in consultation with the Secretary and the Secretary of the depart- ment in which the Coast Guard is operating, is authorized to enter into agreements with any contracting party, pursuant to paragraph 3 of article IX of the Convention, relating to cooper- ative enforcement of the provisions of the Con- vention, recommendations in force for the United States and such party or parties under the Convention, and regulations adopted by the United States and such contracting party or parties pursuant to recommendations of the Commission. Such agreements may authorize personnel of the United States to enforce meas- ures under the Convention and under regula- tions of another party with respect to persons under that party’s jurisdiction, and may author- ize personnel of another party to enforce meas- ures under the Convention and under United States regulations with respect to persons sub- ject to the jurisdiction of the United States. En- forcement under such an agreement may not take place within the territorial seas or exclu- sive economic zone of the United States. Such agreements shall not subject persons or vessels under the jurisdiction of the United States to prosecution or assessment of penalties by any court or tribunal of a foreign country. (Pub. L. 94–70, § 5, Aug. 5, 1975, 89 Stat. 386; Pub. L. 104–43, title III, § 303(3), Nov. 3, 1995, 109 Stat. 384; Pub. L. 105–384, title II, § 202(b)(1)(B), Nov. 13, 1998, 112 Stat. 3452.)