16 U.S.C. § 971c — Authority of Secretary of State; coopera-

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.) Page 1573 TITLE 16—CONSERVATION § 971d Editorial Notes AMENDMENTS 1998—Subsec. (b). Pub. L. 105–384 directed amendment identical to amendment by Pub. L. 104–43. See 1995 Amendment note below. 1995—Subsec. (b). Pub. L. 104–43 substituted ‘‘exclu- sive economic zone’’ for ‘‘fisheries zone’’ after ‘‘terri- torial seas or’’ in third sentence. 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. MANAGEMENT OF ATLANTIC YELLOWFIN TUNA Pub. L. 104–43, title III, § 309(b), Nov. 3, 1995, 109 Stat. 387, as amended by Pub. L. 104–297, title IV, § 406, Oct. 11, 1996, 110 Stat. 3621, provided that: ‘‘Not later than July 1, 1997, the Secretary of Commerce shall imple- ment the recommendations of the International Com- mission for the Conservation of Atlantic Tunas regard- ing yellowfin tuna made pursuant to Article VIII of the International Convention for the Conservation of At- lantic Tunas and acted upon favorably by the Secretary of State under section 5(a) of the Atlantic Tunas Con- vention Act of 1975 (16 U.S.C. 971c(a)).’’ § 971d. Administration (a) Regulations; cooperation with other parties to Convention; utilization of personnel, serv- ices, and facilities for enforcement The Secretary is authorized and directed to administer and enforce all of the provisions of the Convention, this chapter, and regulations issued pursuant thereto, except to the extent otherwise provided for in this chapter. In car- rying out such functions the Secretary is au- thorized and directed to adopt such regulations as may be necessary to carry out the purposes and objectives of the Convention and this chap- ter, and with the concurrence of the Secretary of State, he may cooperate with the duly au- thorized officials of the government of any party to the Convention. In addition, the Secretary may utilize, with the concurrence of the Sec- retary of the department in which the Coast Guard is operating insofar as such utilization in- volves enforcement at sea, with or without re- imbursement and by agreement with any other Federal department or agency, or with any agency of any State, the personnel, services, and facilities of that agency for enforcement pur- poses with respect to any vessel in the exclusive economic zone, or wherever found, with respect to any vessel documented under the laws of the United States, and any vessel numbered or oth- erwise licensed under the laws of any State. When so utilized, such personnel of the States of the United States are authorized to function as Federal law enforcement agents for these pur- poses, but they shall not be held and considered as employees of the United States for the pur- poses of any laws administered by the Director of the Office of Personnel Management. (b) Primary enforcement responsibility Enforcement activities at sea under the provi- sions of this chapter for fishing vessels subject to the jurisdiction of the United States shall be primarily the responsibility of the Secretary of the department in which the Coast Guard is op- erating, in cooperation with the Secretary and the United States Customs Service. The Sec- retary after consultation with the Secretary of the department in which the Coast Guard is op- erating, shall adopt such regulations as may be necessary to provide for procedures and methods of enforcement pursuant to article IX of the Convention. (c) Regulations and other measures to carry out Commission recommendations (1)(A) Upon favorable action by the Secretary of State under section 971c(a) of this title on any recommendation of the Commission made pursu- ant to article VIII of the Convention, the Sec- retary shall promulgate, pursuant to this sub- section, such regulations as may be necessary and appropriate to carry out such recommenda- tion. (B) Not later than June 30, 1991, the Secretary shall promulgate any additional regulations necessary to ensure that the United States is in full compliance with all recommendations made by the Commission that have been accepted by the United States and with other agreements under the Convention between the United States and any nation which is a party to the Conven- tion. (C) Regulations promulgated under this para- graph shall, to the extent practicable, be con- sistent with fishery management plans prepared and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (2)(A) To promulgate regulations referred to in paragraph (1) of this subsection, the Secretary shall publish in the Federal Register a general notice of proposed rulemaking and shall afford interested persons an opportunity to participate in the rulemaking through (i) submission of written data, views, or arguments, and (ii) oral presentation at a public hearing. Such regula- tions shall be published in the Federal Register and shall be accompanied by a statement of the considerations involved in the issuance of the regulations, and by a statement, based on in- quiries and investigations, assessing the nature and effectiveness of the measures for the imple- mentation of the Commission’s recommenda- tions which are being or will be carried out by countries whose vessels engage in fishing the species subject to such recommendations within the waters to which the Convention applies. After publication in the Federal Register, such regulations shall be applicable to all vessels and persons subject to the jurisdiction of the United States on such date as the Secretary shall pre- scribe. The Secretary shall suspend at any time the application of any such regulation when, after consultation with the Secretary of State and the United States Commissioners, he deter- mines that fishing operations in the Convention area of a contracting party for whom the regula- tions are effective are such as to constitute a se- rious threat to the achievement of the Commis- sion’s recommendations.