Title 16, ConservationRelease 119-110
§953 General Advisory Committee and Scientific Advisory Subcommittee
Title 16 › CHAPTER 16 — TUNA CONVENTIONS › § 953
Summary
The Secretary must set up a General Advisory Committee of no more than 25 people, after talking with the Secretary of State. Members should come from the different groups involved with the fisheries, including conservation groups, and be balanced among those groups. The chairs of two regional fishery advisory panels are automatic members. Members serve 3-year terms and can be reappointed. The Committee can attend and speak at nonsecret U.S. delegation meetings, makes its own rules and publishes them, holds public meetings (unless closed), and must get timely notice of meetings. The Secretary and Secretary of State must give the Committee relevant information and provide needed administrative and technical support. Members are unpaid but get travel expenses under 5 U.S.C. 5703, are not considered federal employees except for injury compensation or tort liability under chapter 81 of title 5 and chapter 171 of title 28, and the Committee is not subject to chapter 10 of title 5. The Secretary must also form a Scientific Advisory Subcommittee of 5 to 15 scientists, after consulting the Secretary of State. These scientists must represent both public and private sectors and include conservation groups. They advise on ecosystem conservation, sustainable use of marine living resources for the eastern Pacific tuna fishery, and long-term stock management in the eastern tropical Pacific. They also carry out tasks tied to U.S. agreements like the International Dolphin Conservation Program, such as reviewing program data (including Inter-American Tropical Tuna Commission data), recommending research needs (ecosystems, fishing practices, and gear technology, including selective and safe gear), helping with scientific reviews, consulting other experts, and pushing for timely data sharing among parties and national science committees. They may attend nonexecutive U.S. meetings and, under commission rules, Inter-American Tropical Tuna Commission meetings.
Full Legal Text
Title 16, §953
Conservation, Source: USLM XML via OLRC
(a)General Advisory Committee
(1)Appointments; public participation; compensation
(A)The Secretary, in consultation with the Secretary of State, shall appoint a General Advisory Committee which shall consist of not more than 25 individuals who shall be representative of the various groups concerned with the fisheries covered by the Convention, including nongovernmental conservation organizations, providing to the maximum extent practicable an equitable balance among such groups. Members of the General Advisory Committee will be eligible to participate as members of the United States delegation to the Commission and its working groups to the extent the Commission rules and space for delegations allow.
(B)The chair of the Pacific Fishery Management Council’s Advisory Subpanel for Highly Migratory Fisheries and the chair of the Western Pacific Fishery Management Council’s Advisory Committee shall be ex-officio members of the General Advisory Committee by virtue of their positions in those Councils.
(C)Each member of the General Advisory Committee appointed under subparagraph (A) shall serve for a term of 3 years and is eligible for reappointment.
(D)The General Advisory Committee shall be invited to attend all non-executive meetings of the United States delegation and at such meetings shall be given opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the Commission.
(E)The General Advisory Committee shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this chapter, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and the Convention. The General Advisory Committee shall publish and make available to the public a statement of its organization, practices, and procedures. Meetings of the General Advisory Committee, except when in executive session, shall be open to the public, and prior notice of meetings shall be made public in timely fashion. The General Advisory Committee shall not be subject to chapter 10 of title 5.
(2)Information sharing
The Secretary and the Secretary of State shall furnish the General Advisory Committee with relevant information concerning fisheries and international fishery agreements.
(3)Administrative matters
(A)The Secretary shall provide to the General Advisory Committee in a timely manner such administrative and technical support services as are necessary for its effective functioning.
(B)Individuals appointed to serve as a member of the General Advisory Committee—
(i)shall serve without pay, but while away from their homes or regular places of business to attend meetings of the General Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5; and
(ii)shall not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28.
(b)Scientific Advisory Subcommittee
(1)The Secretary, in consultation with the Secretary of State, shall appoint a Scientific Advisory Subcommittee of not less than 5 nor more than 15 qualified scientists with balanced representation from the public and private sectors, including nongovernmental conservation organizations.
(2)Scientific Advisory Subcommittee.—
(A)Advice.—
The Scientific Advisory Subcommittee shall advise the General Advisory Committee and the Commissioners on matters including—
(i)the conservation of ecosystems;
(ii)the sustainable uses of living marine resources related to the tuna fishery in the eastern Pacific Ocean; and
(iii)the long-term conservation and management of stocks of living marine resources in the eastern tropical Pacific Ocean.
(B)Other functions and assistance.—
The Scientific Advisory Subcommittee shall, as requested by the General Advisory Committee, the United States Commissioners, or the Secretary, perform functions and provide assistance required by formal agreements entered into by the United States for this fishery, including the International Dolphin Conservation Program. These functions may include—
(i)the review of data from the Program, including data received from the Inter-American Tropical Tuna Commission;
(ii)recommendations on research needs, including ecosystems, fishing practices, and gear technology research, including the development and use of selective, environmentally safe and cost-effective fishing gear, and on the coordination and facilitation of such research;
(iii)recommendations concerning scientific reviews and assessments required under the Program and engaging, as appropriate, in such reviews and assessments;
(iv)consulting with other experts as needed; and
(v)recommending measures to assure the regular and timely full exchange of data among the parties to the Program and each nation’s National Scientific Advisory Committee (or its equivalent).
(3)Attendance at meetings.—
The Scientific Advisory Subcommittee shall be invited to have representatives attend all nonexecutive meetings of the United States sections and the General Advisory Committee and shall be given full opportunity to examine and to be heard on all proposed programs of scientific investigation, scientific reports, and scientific recommendations of the commission. Representatives of the Scientific Advisory Subcommittee may attend meetings of the Inter-American Tropical Tuna Commission in accordance with the rules of such Commission.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(1)(E), was in the original “this title” and was translated as reading “this Act” to reflect the probable intent of Congress. Act Sept. 7, 1950, which comprises this chapter, does not contain titles. The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a)(1)(E), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified generally 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. (a)(1)(E). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).” 2015—Subsec. (a). Pub. L. 114–81, § 205(1), added subsec. (a) and struck out former subsec. (a), which related to General Advisory Committee appointment, public participation, and compensation. Subsec. (b). Pub. L. 114–81, § 205(2), substituted “Scientific Advisory Subcommittee” for “Functions” in heading. Subsec. (b)(1). Pub. L. 114–81, § 205(2), added par. (1) and struck out former par. (1) which read as follows: “The General Advisory Committee shall be invited to have representatives attend all nonexecutive meetings of the United States sections and shall be given full opportunity to examine and to be heard on all proposed programs of investigations, reports, recommendations, and
Regulations
of the Commission. The General Advisory Committee may attend all meetings of the international commissions to which they are invited by such commissions.” Subsec. (b)(3). Pub. L. 114–81, § 205(3), substituted “General Advisory Committee” for “General Advisory Subcommittee”. 1997—Pub. L. 105–42 which directed insertion of catchline and general amendment of text of section 4 of the Tuna Conventions Act, was executed to this section, to reflect the probable intent of Congress. Prior to amendment, text read as follows: “The United States Commissioners shall (a) appoint an advisory committee which shall be composed of not less than five nor more than fifteen persons who shall be selected from the various groups participating in the fisheries included under the conventions, and from nongovernmental conservation organizations, and (b) shall fix the terms of office of the members of such committee, who shall receive no compensation for their services as such members. The advisory committee shall be invited to attend all nonexecutive meetings of the United States sections and shall be given full opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and
Regulations
of the commissions. The advisory committee may attend all meetings of the international commissions to which they are invited by such commissions.” 1992—Pub. L. 102–523 inserted “and from nongovernmental conservation organizations,” after “under the conventions,”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1997 AmendmentFor
Effective Date
of amendment by Pub. L. 105–42, see section 8 of Pub. L. 105–42, set out as a note under section 1362 of this title. Termination of Advisory CommitteesAdvisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
Reference
Citations & Metadata
Citation
16 U.S.C. § 953
Title 16, Conservation
Last Updated
Sep 22, 2026
Release point: 119-110