16 U.S.C. § 971 — Definitions

Page 1569 TITLE 16—CONSERVATION § 971 for yellowfin tuna in the eastern tropical Pacific Ocean. The bycatch reduction program shall in- clude measures— (1) to require, to the maximum extent prac- ticable, that sea turtles and other threatened species and endangered species are released alive; (2) to reduce, to the maximum extent prac- ticable, the harvest of nontarget species; (3) to reduce, to the maximum extent prac- ticable, the mortality of nontarget species; and (4) to reduce, to the maximum extent prac- ticable, the mortality of juveniles of the tar- get species. (Sept. 7, 1950, ch. 907, § 15, as added Pub. L. 105–42, § 7(c), Aug. 15, 1997, 111 Stat. 1138; amend- ed Pub. L. 114–81, title II, § 209, Nov. 5, 2015, 129 Stat. 664.) Editorial Notes CODIFICATION Section 7(c) of Pub. L. 105–42, which directed the addi- tion of this section at the end of the Tuna Conventions Act, was executed by adding this section at the end of the Tuna Conventions Act of 1950, to reflect the prob- able intent of Congress. AMENDMENTS 2015—Pub. L. 114–81 substituted ‘‘vessels’’ for ‘‘vessel’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon certification by Secretary of Commerce that sufficient funding is available to com- plete first year of study required by section 1414a(a) of this title and that study has commenced, and certifi- cation by Secretary of State to Congress that binding resolution of Inter-American Tropical Tuna Commis- sion or other legally binding instrument establishing International Dolphin Conservation Program has been adopted and is in force, see section 8 of Pub. L. 105–42, set out as an Effective Date of 1997 Amendment note under section 1362 of this title. CHAPTER 16A—ATLANTIC TUNAS CONVENTION Sec. 971. Definitions. 971a. Commissioners. 971b. Advisory committee. 971b–1. Species working groups. 971c. Authority of Secretary of State; cooperative enforcement agreements. 971d. Administration. 971e. Violations. 971f. Enforcement. 971g. Cooperation in carrying out Convention. 971h. Authorization of appropriations. 971i. Research on Atlantic highly migratory spe- cies. 971j. Repealed. 971k. Savings clause. § 971. Definitions For the purpose of this chapter— (1) The term ‘‘Convention’’ means the Inter- national Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966, including any amendments or proto- cols which are or become effective for the United States. (2) The term ‘‘Commission’’ means the Inter- national Commission for the Conservation of Atlantic Tunas provided for in article III of the Convention. (3) The term ‘‘conservation recommenda- tion’’ means any recommendation of the Com- mission made pursuant to Article VIII of the Convention and acted upon favorably by the Secretary of State under section 971c(a) of this title. (4) The term ‘‘Council’’ means the Council established within the International Commis- sion for the Conservation of Atlantic Tunas pursuant to article V of the Convention. (5) The term ‘‘exclusive economic zone’’ means an exclusive economic zone as defined in section 1802 of this title. (6) The term ‘‘fishing’’ means the catching, taking, or fishing for or the attempted catch- ing, taking, or fishing for any species of fish covered by the Convention, or any activities in support thereof. (7) The term ‘‘fishing vessel’’ means any ves- sel engaged in catching fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities. (8) The term ‘‘Panel’’ means any panel es- tablished by the Commission pursuant to arti- cle VI of the Convention. (9) The term ‘‘person’’ means every indi- vidual, partnership, corporation, and associa- tion subject to the jurisdiction of the United States. (10) The term ‘‘Secretary’’ means the Sec- retary of Commerce. (11) The term ‘‘State’’ includes each of the States of the United States, the District of Co- lumbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. (Pub. L. 94–70, § 2, Aug. 5, 1975, 89 Stat. 385; Pub. L. 94–265, title IV, § 405(a), Apr. 13, 1976, 90 Stat. 361; Pub. L. 95–33, § 2, May 26, 1977, 91 Stat. 173; Pub. L. 104–43, title III, § 303(1), (2), Nov. 3, 1995, 109 Stat. 384; Pub. L. 105–384, title II, § 202(b)(1)(A), (F), Nov. 13, 1998, 112 Stat. 3452, 3453.) Editorial Notes AMENDMENTS 1998—Pars. (4), (5). Pub. L. 105–384 renumbered par. (4) defining ‘‘exclusive economic zone’’ as par. (5) and made technical amendment to reference in original act which appears in text as reference to section 1802 of this title. 1995—Par. (3). Pub. L. 104–43, § 303(1), added par. (3). Former par. (3) redesignated (4). Par. (4). Pub. L. 104–43, § 303(2), added par. (4) defining ‘‘exclusive economic zone’’. Former par. (4) redesig- nated (5). Pub. L. 104–43, § 303(1), redesignated par. (3) defining ‘‘Council’’ as (4). Par. (5). Pub. L. 104–43, § 303(2), struck out par. (5) which read as follows: ‘‘The term ‘fisheries zone’ means the waters included within a zone contiguous 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 two hundred nautical miles from the baseline from which the territorial sea is measured; or similar zones established by other parties to the Convention to the 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,