16 U.S.C. § 5601 — Representation of United States under

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 Repealed. 5612. Repealed.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) be known as a ‘‘United States Commis- sioner 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 rep- resentatives of the commercial fishing in- dustry; (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 indi- vidual is knowledgeable and experienced con- cerning 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 ab- sence of a duly appointed Commissioner, des- ignate an individual to serve as an Alternate Commissioner. (2) Functions An Alternate Commissioner may exercise all powers and perform all duties of the Commis- sioner 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 indi- vidual as a Representative unless the indi- vidual is knowledgeable and experienced con- cerning the scientific issues dealt with by the Scientific Council. (B) The Secretary shall appoint as a Rep- resentative at least 1 individual who is an offi- cial of the Government. (3) Term An individual appointed as a Representa- tive— (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 Sec- retary. (d) Alternate Representatives (1) Appointment The Secretary may, for any anticipated ab- sence of a duly appointed Representative, des- ignate an individual to serve as an Alternate Representative. (2) Functions An Alternate Representative may exercise all powers and perform all duties of the Rep- resentative for whom the Alternate Represent- ative is designated. (e) Experts and advisers The Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives may be accompanied at meetings of the Organi- zation by experts and advisers. Page 2552 TITLE 16—CONSERVATION § 5602 (f) Coordination and consultation (1) In general In carrying out their functions under the Convention, Commissioners, Alternate Com- missioners, Representatives, and Alternate Representatives shall— (A) coordinate with the appropriate Re- gional Fishery Management Councils estab- lished by section 1852 of this title; and (B) consult with the committee estab- lished under section 5607 of this title. (2) Relationship to other law Chapter 10 of title 5 shall not apply to co- ordination and consultations under this sub- section. (Pub. L. 104–43, title II, § 202, Nov. 3, 1995, 109 Stat. 377; Pub. L. 114–327, title V, § 502, Dec. 16, 2016, 130 Stat. 1995; Pub. L. 117–286, § 4(a)(124), Dec. 27, 2022, 136 Stat. 4319.) Editorial Notes AMENDMENTS 2022—Subsec. (f)(2). Pub. L. 117–286 substituted ‘‘Chap- ter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’. 2016—Subsec. (a)(1). Pub. L. 114–327, § 502(1), in intro- ductory provisions, struck out ‘‘General Council and the Fisheries’’ before ‘‘Commission’’. Subsec. (b)(1). Pub. L. 114–327, § 502(2), struck out ‘‘at a meeting of the General Council or the Fisheries Com- mission’’ after ‘‘appointed Commissioner’’. Subsec. (b)(2). Pub. L. 114–327, § 502(3), struck out ‘‘, at any meeting of the General Council or the Fisheries Commission for which the Alternate Commissioner is designated’’ before period at end. Subsec. (d)(1). Pub. L. 114–327, § 502(4), struck out ‘‘at a meeting of the Scientific Council’’ after ‘‘appointed Representative’’. Subsec. (d)(2). Pub. L. 114–327, § 502(5), struck out ‘‘, at any meeting of the Scientific Council for which the Al- ternate Representative is designated’’ before period at end. Subsec. (f)(1)(A). Pub. L. 114–327, § 502(6), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 1852 of this title. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–327, title V, § 501(a), Dec. 16, 2016, 130 Stat. 1995, provided that: ‘‘This title [amending this section and sections 5602 to 5604, 5606, 5607, 5609, and 5610 of this title and repealing section 5612 of this title] may be cited as the ‘Northwest Atlantic Fisheries Convention Amendments Act’.’’ SHORT TITLE Pub. L. 104–43, title II, § 201, Nov. 3, 1995, 109 Stat. 377, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Northwest Atlantic Fisheries Conven- tion Act of 1995’.’’ § 5602. Requests for scientific advice (a) Restriction A Representative may not make a request or specification described in paragraph (1) or (2) of subsection (b), respectively, unless the Rep- resentative has first— (1) consulted with the appropriate Regional Fishery Management Councils; and (2) received the consent of the Commis- sioners for that action. (b) Requests and terms of reference described The requests and specifications referred to in subsection (a) are, respectively— (1) any request, under Article VII(10)(b) of the Convention, that the Scientific Council consider and report on a question pertaining to the scientific basis for the management and conservation of fishery resources in waters under the jurisdiction of the United States within the Convention Area; and (2) any specification, under Article VII(11) of the Convention, of the terms of reference for the consideration of a question referred to the Scientific Council pursuant to Article VII(10)(b) of the Convention. (Pub. L. 104–43, title II, § 203, Nov. 3, 1995, 109 Stat. 378; Pub. L. 114–327, title V, § 503, Dec. 16, 2016, 130 Stat. 1995.) Editorial Notes AMENDMENTS 2016—Subsec. (a). Pub. L. 114–327, § 503(1), in introduc- tory provisions, substituted ‘‘A Representative may’’ for ‘‘The Representatives may’’, ‘‘described in para- graph (1) or (2) of subsection (b)’’ for ‘‘described in sub- section (b)(1) or (2)’’, and ‘‘the Representative has’’ for ‘‘the Representatives have’’. Subsec. (b)(1). Pub. L. 114–327, § 503(2), substituted ‘‘VII(10)(b)’’ for ‘‘VII(1)’’. Subsec. (b)(2). Pub. L. 114–327, § 503(2),(3), substituted ‘‘VII(11)’’ for ‘‘VIII(2)’’ and ‘‘VII(10)(b)’’ for ‘‘VII(1)’’. § 5603. Authorities of Secretary of State with re- spect to Convention The Secretary of State may, on behalf of the Government of the United States— (1) receive and transmit reports, requests, recommendations, proposals, and other com- munications of and to the Organization and its subsidiary organs; (2) object, or withdraw an objection, to the proposal of the Commission consistent with the procedures detailed in Articles XIV and XV of the Convention; (3) give or withdraw notice of intent not to be bound by a measure of the Commission con- sistent with the procedures detailed in Arti- cles XIV and XV of the Convention; (4) object or withdraw an objection to an amendment to the Convention; and (5) act upon, or refer to any other appro- priate authority, any other communication re- ferred to in paragraph (1). (Pub. L. 104–43, title II, § 204, Nov. 3, 1995, 109 Stat. 379; Pub. L. 114–327, title V, § 504, Dec. 16, 2016, 130 Stat. 1996.) Editorial Notes AMENDMENTS 2016—Pars. (2), (3). Pub. L. 114–327 substituted ‘‘Com- mission consistent with the procedures detailed in Ar- ticles XIV and XV of the Convention’’ for ‘‘Fisheries Commission’’. § 5604. Interagency cooperation (a) Authorities of the Secretary In carrying out the provisions of the Conven- tion and this chapter, the Secretary may ar- range for cooperation with—