§5601 — Title 16 Conservation | U.S. Code

Summary

The Secretary must appoint up to three people to serve as the United States’ commissioners to the Northwest Atlantic Fisheries Organization Commission. At least one must come from the commercial fishing industry, one (but no more than one) must be a government official, and one (other than the government official) must be a voting member of the New England Fishery Management Council. Appointees must know about the fisheries the Convention covers. Terms are set by the Secretary and cannot be longer than 4 years. Non‑government appointees may not serve more than two back‑to‑back terms. The Secretary can name alternate commissioners who have the same powers when a commissioner is absent. The Secretary must also appoint up to three U.S. representatives to the Organization’s Scientific Council, including at least one government official, all with relevant scientific experience. Scientific representatives serve up to 4‑year terms, may be reappointed, and can be removed by the Secretary. Alternates for scientific representatives may act with full authority when needed. Commissioners, alternates, representatives, and their alternates may bring experts and advisers. They must coordinate with the Regional Fishery Management Councils (section 1852) and consult the committee under section 5607. Chapter 10 of title 5 does not apply to those coordination and consultations.

Title 16, §5601

Conservation — Source: USLM XML via OLRC

(a)(1)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 Commissioner to the Northwest Atlantic Fisheries Organization”; and

(B)serve at the pleasure of the Secretary.

(2)(A)The Secretary shall ensure that of the individuals serving as Commissioners—

(i)at least 1 is appointed from among representatives of the commercial fishing industry;

(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 individual is knowledgeable and experienced concerning the fishery resources to which the Convention applies.

(3)(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)(1)The Secretary may, for any anticipated absence of a duly appointed Commissioner, designate an individual to serve as an Alternate Commissioner.

(2)An Alternate Commissioner may exercise all powers and perform all duties of the Commissioner for whom the Alternate Commissioner is designated.

(c)(1)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)(A)The Secretary may not appoint an individual as a Representative unless the individual is knowledgeable and experienced concerning the scientific issues dealt with by the Scientific Council.

(B)The Secretary shall appoint as a Representative at least 1 individual who is an official of the Government.

(3)An individual appointed as a Representative—

(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 Secretary.

(d)(1)The Secretary may, for any anticipated absence of a duly appointed Representative, designate an individual to serve as an Alternate Representative.

(2)An Alternate Representative may exercise all powers and perform all duties of the Representative for whom the Alternate Representative is designated.

(e)The Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives may be accompanied at meetings of the Organization by experts and advisers.

(f)(1)In carrying out their functions under the Convention, Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives shall—

(A)coordinate with the appropriate Regional Fishery Management Councils established by section 1852 of this title; and

(B)consult with the committee established under section 5607 of this title.

(2)Chapter 10 of title 5 shall not apply to coordination and consultations under this subsection.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (f)(2). Pub. L. 117–286 substituted “Chapter 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 introductory 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 Commission” 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 Alternate Representative is designated” before period at end. Subsec. (f)(1)(A). Pub. L. 114–327, § 502(6), made technical amendment to reference in original act which appears 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 Convention Act of 1995’.”

§5601 Representation of United States under Convention

Summary

Title 16, §5601

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

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Amendments

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