16 U.S.C. § 971a — Commissioners

Page 1570 TITLE 16—CONSERVATION § 971a extent that such zones are recognized by the United States.’’ Pub. L. 104–43, § 303(1), redesignated par. (4) as (5). Former par. (5) redesignated (6). Pars. (6) to (11). Pub. L. 104–43, § 303(1), redesignated pars. (5) to (10) as (6) to (11), respectively. 1977—Par. (4). Pub. L. 95–33 struck out the comma be- tween ‘‘zone’’ and ‘‘contiguous’’, substituted ‘‘two hun- dred’’ for ‘‘200’’, and substituted a semicolon for a comma after ‘‘is measured’’. 1976—Par. (4). Pub. L. 94–265, which directed the sub- stitution of ‘‘the waters included within a zone, contig- uous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal state, and the outer boundary is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured,’’ for ‘‘the fisheries zone established pursuant to the Act of Octo- ber 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094)’’, was exe- cuted by making the substitution for ‘‘the entire zone established by the United States under the Act of Octo- ber 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094)’’, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–265, title IV, § 405(b), Apr. 13, 1976, 90 Stat. 361, provided that the amendment made by section 405(a) of Pub. L. 94–265 to this section was to take effect Mar. 1, 1977, prior to the general amendment of title IV of Pub. L. 94–265 by Pub. L. 104–297. SHORT TITLE OF 1995 AMENDMENT Pub. L. 104–43, title III, § 301, Nov. 3, 1995, 109 Stat. 382, provided that: ‘‘This title [enacting sections 971j and 971k of this title, amending this section and sections 971b, 971c to 971e, 971h, and 971i of this title, and enact- ing provisions set out as a note under section 971c of this title] may be cited as the ‘Atlantic Tunas Conven- tion Authorization Act of 1995’.’’ SHORT TITLE Pub. L. 94–70, § 1, Aug. 5, 1975, 89 Stat. 385, provided: ‘‘That this Act [enacting this chapter and provisions set out below] may be cited as the ‘Atlantic Tunas Con- vention Act of 1975’.’’ SEPARABILITY Pub. L. 94–70, § 12, formerly § 11, Aug. 5, 1975, 89 Stat. 394; renumbered § 13, Pub. L. 105–384, title II, § 202(b)(1)(D), Nov. 13, 1998, 112 Stat. 3452; renumbered § 12, Pub. L. 114–81, title I, § 107(5), Nov. 5, 2015, 129 Stat. 658, provided that: ‘‘If any provision of this Act [this chapter] or the application of such provision to any cir- cumstance or persons shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other circumstances or persons shall not be affected thereby.’’ § 971a. Commissioners (a) Appointment and number; selection of Chair- man; 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 Commis- sioner shall be a salaried employee of any State or political subdivision thereof, or the Federal Government. Individuals serving as such Com- missioners 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 nec- essary. (2) Of the Commissioners appointed under paragraph (1) who are not governmental employ- ees— (A) one shall be appointed from among indi- viduals with knowledge and experience regard- ing commercial fishing in the Atlantic Ocean, Gulf of Mexico, or Caribbean Sea; and (B) one shall be appointed from among indi- viduals with knowledge and experience regard- ing 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 Commis- sioner. (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 Al- ternate United States Commissioners to the Commission. Any Alternate United States Com- missioner may exercise at any meeting of the Commission, Council, any Panel, or the advisory committee established pursuant to section 971b of this title, all powers and duties of a United States Commissioner in the absence of any Com- missioner appointed pursuant to subsection (a) of this section for whatever reason. The number of such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of United States Commissioners appointed pursuant to sub- section (a) of this section who will not be present at such meeting. (c) Compensation The United States Commissioners or Alter- nate Commissioners, although officers of the United States while so serving, shall receive no compensation for their services as such Commis- sioners or Alternate Commissioners. (d) Travel expenses (1) The Secretary of State shall pay the nec- essary travel expenses of United States Commis- sioners, Alternate United States Commissioners, and authorized advisors in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5. (2) The Secretary may reimburse the Sec- retary of State for amounts expended by the Secretary of State under this subsection. (e) Sense of Congress regarding fish habitat It is the sense of the Congress that the United States Commissioners should seek to include ecosystem considerations in fisheries manage- ment, including the conservation of fish habitat. (Pub. L. 94–70, § 3, Aug. 5, 1975, 89 Stat. 385; Pub. L. 101–627, title II, §§ 201(a), 203, Nov. 28, 1990, 104 Stat. 4459, 4460; Pub. L. 106–562, title III, § 303, 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