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Title 16, ConservationRelease 119-110

§5601 Representation of United States Under Convention

Title 16 › CHAPTER 76 — NORTHWEST ATLANTIC FISHERIES CONVENTION › § 5601

Last updated Sep 22, 2026|Official source

Summary

The Secretary must appoint up to 3 people to be the United States Commissioners to the Northwest Atlantic Fisheries Organization. Each Commissioner serves at the Secretary’s pleasure. The Secretary must make sure that among those Commissioners at least one comes from the commercial fishing industry, one (and no more than one) is a government official, and one other (not the government official) is a voting member of the New England Fishery Management Council. Commissioners must know and have experience with the fisheries the Convention covers. The Secretary sets each Commissioner’s term, which cannot be longer than 4 years, and non‑government Commissioners may not serve more than two back‑to‑back terms. The Secretary may name Alternates for planned absences, and an Alternate may act with the full powers of that Commissioner. The Secretary must also appoint up to 3 U.S. Representatives to the Organization’s Scientific Council. Each Representative must be experienced in the Council’s science issues, and at least one must be a government official. Terms are set by the Secretary for up to 4 years, may be renewed, and Representatives serve at the Secretary’s pleasure. Alternates, experts, and advisers may attend meetings. Commissioners and Representatives must coordinate with the Regional Fishery Management Councils (section 1852) and consult the committee in section 5607. Chapter 10 of title 5 does not apply to those coordination and consultation requirements.

Full Legal Text

Title 16, §5601

Conservation, Source: USLM XML via OLRC

(a)Commissioners
(1)Appointments, generally
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)Requirements for appointments
(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)Terms
(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)Alternate Commissioners
(1)Appointment
The Secretary may, for any anticipated absence of a duly appointed Commissioner, designate an individual to serve as an Alternate Commissioner.
(2)Functions
An Alternate Commissioner may exercise all powers and perform all duties of the Commissioner for whom the Alternate Commissioner is designated.
(c)Representatives
(1)Appointment
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)Eligibility for appointment
(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)Term
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)Alternate Representatives
(1)Appointment
The Secretary may, for any anticipated absence of a duly appointed Representative, designate an individual to serve as an Alternate Representative.
(2)Functions
An Alternate Representative may exercise all powers and perform all duties of the Representative for whom the Alternate Representative is designated.
(e)Experts and advisers
The Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives may be accompanied at meetings of the Organization by experts and advisers.
(f)Coordination and consultation
(1)In general
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)Relationship to other law
Chapter 10 of title 5 shall not apply to coordination and consultations under this subsection.

Legislative History

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’.”

Reference

Citations & Metadata

Citation

16 U.S.C. § 5601

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110