16 U.S.C. § 5607 — Consultative committee

Page 2553 TITLE 16—CONSERVATION § 5607 (1) any department, agency, or instrumen- tality of the United States; (2) a State; (3) a Council; or (4) a private institution or an organization. (b) Other agencies The head of any Federal agency may— (1) cooperate in the conduct of scientific and other programs, and furnish facilities and per- sonnel, for the purposes of assisting the Orga- nization in carrying out its duties under the Convention; and (2) accept reimbursement from the Organiza- tion for providing such services, facilities, and personnel. (Pub. L. 104–43, title II, § 205, Nov. 3, 1995, 109 Stat. 379; Pub. L. 114–327, title V, § 505, Dec. 16, 2016, 130 Stat. 1996.) Editorial Notes AMENDMENTS 2016—Subsec. (a). Pub. L. 114–327 amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘In carrying out the provisions of the Convention and this chapter, the Secretary may arrange for coopera- tion with other agencies of the United States, the States, the New England and the Mid-Atlantic Fishery Management Councils, and private institutions and or- ganizations.’’ § 5605. Rulemaking The Secretary shall promulgate regulations as may be necessary to carry out the purposes and objectives of the Convention and this chapter. Any such regulation may be made applicable, as necessary, to all persons and all vessels subject to the jurisdiction of the United States, wher- ever located. (Pub. L. 104–43, title II, § 206, Nov. 3, 1995, 109 Stat. 379.) § 5606. Prohibited acts and enforcement (a) Prohibition It is unlawful for any person or vessel that is subject to the jurisdiction of the United States— (1) to violate any regulation issued under this chapter or any measure that is legally binding on the United States under the Con- vention; (2) to refuse to permit any authorized en- forcement officer to board a fishing vessel that is subject to the person’s control for purposes of conducting any search, investigation, or in- spection in connection with the enforcement of this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Con- vention; (3) forcibly to assault, resist, oppose, im- pede, intimidate, or interfere with any author- ized enforcement officer in the conduct of any search, investigation, or inspection described in paragraph (2); (4) to resist a lawful arrest for any act pro- hibited by this section; (5) to ship, transport, offer for sale, sell, pur- chase, import, export, or have custody, con- trol, or possession of, any fishery resources taken or retained in violation of this section; or (6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of an- other person, knowing that the other person has committed an act prohibited by this sec- tion. (b) Additional prohibitions and enforcement For additional prohibitions relating to this chapter and enforcement of this chapter, see section 1826g of this title. (Pub. L. 104–43, title II, § 207, Nov. 3, 1995, 109 Stat. 379; Pub. L. 105–384, title II, § 201(b)(1), Nov. 13, 1998, 112 Stat. 3451; Pub. L. 114–81, title I, § 111, Nov. 5, 2015, 129 Stat. 659; Pub. L. 114–327, title V, § 506, Dec. 16, 2016, 130 Stat. 1996.) Editorial Notes AMENDMENTS 2016—Subsec. (a)(5). Pub. L. 114–327 substituted ‘‘fish- ery resources’’ for ‘‘fish’’. 2015—Pub. L. 114–81, § 111(1), in section catchline, sub- stituted ‘‘and enforcement’’ for ‘‘and penalties’’. Subsec. (a)(2), (3). Pub. L. 114–81, § 111(2), (3), inserted ‘‘, investigation,’’ before ‘‘or inspection’’. Subsecs. (b) to (f). Pub. L. 114–81, § 111(4), added sub- sec. (b) and struck out former subsecs. (b) to (f), which related to civil penalty, criminal penalty, civil forfeit- ures, enforcement, and jurisdiction of courts. 1998—Subsec. (e). Pub. L. 105–384 substituted ‘‘sec- tion’’ for ‘‘sections’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 5607. Consultative committee (a) Establishment The Secretary of State and the Secretary, shall jointly establish a consultative committee to advise the Secretaries on issues related to the Convention. (b) Membership (1) The membership of the Committee shall in- clude representatives from the New England and Mid-Atlantic Fishery Management Councils, the States represented on those Councils, the Atlan- tic States Marine Fisheries Commission, the fishing industry, the seafood processing indus- try, and others knowledgeable and experienced in the conservation and management of fisheries in the Northwest Atlantic Ocean. (2) TERMS AND REAPPOINTMENT.—Each member of the consultative committee shall serve for a term of 2 years and shall be eligible for re- appointment. (c) Duties of committee Members of the consultative committee may attend— Page 2554 TITLE 16—CONSERVATION § 5608 1 So in original. Probably should be ‘‘transshipping’’. (1) all public meetings of the Commission; (2) any other meetings to which they are in- vited by the Commission; and (3) all nonexecutive meetings of the United States Commissioners. (d) Relationship to other law Chapter 10 of title 5 shall not apply to the con- sultative committee established under this sec- tion. (Pub. L. 104–43, title II, § 208, Nov. 3, 1995, 109 Stat. 380; Pub. L. 114–327, title V, § 507, Dec. 16, 2016, 130 Stat. 1996; Pub. L. 117–286, § 4(a)(125), Dec. 27, 2022, 136 Stat. 4319.) Editorial Notes AMENDMENTS 2022—Subsec. (d). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’. 2016—Subsec. (b)(2). Pub. L. 114–327, § 507(1), sub- stituted ‘‘2’’ for ‘‘two’’. Subsec. (c)(1), (2). Pub. L. 114–327, § 507(2), struck out ‘‘General Council or the Fisheries’’ before ‘‘Commis- sion;’’. § 5608. Administrative matters (a) Prohibition on compensation A person shall not receive any compensation from the Government by reason of any service of the person as— (1) a Commissioner, Alternate Commis- sioner, Representative, or Alternative Rep- resentative; (2) an expert or adviser authorized under sec- tion 5601(e) of this title; or (3) a member of the consultative committee established by section 5607 of this title. (b) Travel and expenses The Secretary of State shall, subject to the availability of appropriations, pay all necessary travel and other expenses of persons described in subsection (a)(1) and of not more than six ex- perts and advisers authorized under section 5601(e) of this title with respect to their actual performance of their official duties pursuant to this chapter, in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5. (c) Status as Federal employees A person shall not be considered to be a Fed- eral employee by reason of any service of the person in a capacity described in subsection (a), except for purposes of injury compensation and tort claims liability under chapter 81 of title 5 and chapter 171 of title 28, respectively. (Pub. L. 104–43, title II, § 209, Nov. 3, 1995, 109 Stat. 381; Pub. L. 105–384, title II, § 201(b)(2), Nov. 13, 1998, 112 Stat. 3451.) Editorial Notes AMENDMENTS 1998—Subsec. (c). Pub. L. 105–384 substituted ‘‘171’’ for ‘‘17’’. § 5609. Definitions In this chapter: (1) 1982 Convention The term ‘‘1982 Convention’’ means the United Nations Convention on the Law of the Sea of 10 December 1982. (2) Authorized enforcement officer The term ‘‘authorized enforcement officer’’ means a person authorized to enforce this chapter, any regulation issued under this chapter, or any measure that is legally bind- ing on the United States under the Conven- tion. (3) Commission The term ‘‘Commission’’ means the body provided for by Articles V, VI, XIII, XIV, and XV of the Convention. (4) Commissioner The term ‘‘Commissioner’’ means a United States Commissioner to the Northwest Atlan- tic Fisheries Organization appointed under section 5601 of this title. (5) Convention The term ‘‘Convention’’ means the Conven- tion on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ot- tawa on October 24, 1978, and as amended on September 28, 2007. (6) Convention Area The term ‘‘Convention Area’’ means the wa- ters of the Northwest Atlantic Ocean north of 35°00′ N and west of a line extending due north from 35°00′ N and 42°00′ W to 59°00′ N, thence due west to 44°00′ W, and thence due north to the coast of Greenland, and the waters of the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 78°10′ N. (7) Council The term ‘‘Council’’ means the New England Fishery Management Council or the Mid-At- lantic Fishery Management Council. (8) Fishery resources (A) In general The term ‘‘fishery resources’’ means all fish, mollusks, and crustaceans, including any products thereof, within the Convention Area. (B) Exclusions The term ‘‘fishery resources’’ does not in- clude— (i) sedentary species over which coastal States may exercise sovereign rights con- sistent with Article 77 of the 1982 Conven- tion; or (ii) insofar as they are managed under other international treaties, anadromous and catadromous stocks and highly migra- tory species listed in Annex I of the 1982 Convention. (9) Fishing activities (A) In general The term ‘‘fishing activities’’ means har- vesting or processing fishery resources, or transhipping 1 of fishery resources or prod-