§971a — Title 16 Conservation | U.S. Code

Summary

The United States will have up to three Commissioners to represent it on the Commission. The President appoints them and can remove them. No more than one may be a paid employee of a State, local government, or the Federal Government. Two of the non-governmental appointees must include one person with commercial fishing experience and one with recreational fishing experience in the Atlantic, Gulf of Mexico, or Caribbean. Each Commissioner’s term is three years, and those chosen under the fishing-experience rule may not serve more than two back-to-back terms. While serving, Commissioners are not treated as Federal employees except for injury compensation or tort claims under chapter 81 of title 5 and chapter 171 of title 28. Commissioners pick a Chair and make their own procedure rules. The Secretary of State, with the Secretary, may name Alternate Commissioners for meetings. An Alternate can act with full powers when a regular Commissioner is absent, but the number of Alternates at a meeting cannot exceed the number of absent Commissioners. Commissioners and Alternates get no pay for their service. The Secretary of State must cover necessary travel costs under the Federal Travel Regulations and sections 5701, 5702, 5704–5708, and 5731 of title 5; the Secretary may repay the Secretary of State for those expenses. Congress also expects Commissioners to consider the whole ecosystem in fisheries management, including protecting fish habitat.

Title 16, §971a

Conservation — Source: USLM XML via OLRC

(a)(1)The United States shall be represented by not more than three Commissioners who shall serve as delegates of the United States on the Commission, and who may serve on the Council and Panels of the Commission as provided for in the Convention. Such Commissioners shall be appointed by and serve at the pleasure of the President. Not more than one such Commissioner shall be a salaried employee of any State or political subdivision thereof, or the Federal Government. Individuals serving as such Commissioners shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28. The Commissioners shall be entitled to select a Chairman and to adopt such rules of procedure as they find necessary.

(2)Of the Commissioners appointed under paragraph (1) who are not governmental employees—

(A)one shall be appointed from among individuals with knowledge and experience regarding commercial fishing in the Atlantic Ocean, Gulf of Mexico, or Caribbean Sea; and

(B)one shall be appointed from among individuals with knowledge and experience regarding recreational fishing in the Atlantic Ocean, Gulf of Mexico, or Caribbean Sea.

(3)(A)The term of a Commissioner shall be three years.

(B)An individual appointed in accordance with paragraph (2) shall not be eligible to serve more than two consecutive terms as a Commissioner.

(b)The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time deemed appropriate Alternate United States Commissioners to the Commission. Any Alternate United States Commissioner may exercise at any meeting of the Commission, Council, any Panel, or the advisory committee established pursuant to section 971b of this title, all powers and duties of a United States Commissioner in the absence of any Commissioner appointed pursuant to subsection (a) of this section for whatever reason. The number of such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of United States Commissioners appointed pursuant to subsection (a) of this section who will not be present at such meeting.

(c)The United States Commissioners or Alternate Commissioners, although officers of the United States while so serving, shall receive no compensation for their services as such Commissioners or Alternate Commissioners.

(d)(1)The Secretary of State shall pay the necessary travel expenses of United States Commissioners, Alternate United States Commissioners, and authorized advisors in accordance with the Federal Travel Regulations and section 5701, 5702, 5704 through 5708, and 5731 of title 5.

(2)The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this subsection.

(e)It is the sense of the Congress that the United States Commissioners should seek to include ecosystem considerations in fisheries management, including the conservation of fish habitat.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2007—Subsec. (e). Pub. L. 109–479 added subsec. (e). 2000—Subsec. (a)(1). Pub. L. 106–562 inserted before last sentence “Individuals serving as such Commissioners shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28.” 1990—Subsec. (a). Pub. L. 101–627, § 201(a), designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (d). Pub. L. 101–627, § 203, added subsec. (d).

Statutory Notes and Related Subsidiaries

Limitations on Appointments of Commissioners; Application to Current Commissioners Pub. L. 101–627, title II, § 201(b), Nov. 28, 1990, 104 Stat. 4460, provided that: “(1) Paragraph (2) of section 3(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a(a)), as added by this section, shall not apply to reappointment of an individual as a United States Commissioner of the International Commission for the Conservation of Atlantic Tunas (hereinafter in this title [enacting section 971b–1 of this title, amending this section and section 971b, 971d, and 971h of this title, and enacting provisions set out as a note below] referred to as a ‘Commissioner’) if that individual is serving in that position on the date of enactment of this Act [Nov. 28, 1990]. “(2) An individual serving a term as a Commissioner on the date of enactment of this Act shall not, by reason of that term of service, be ineligible under paragraph (3)(B) of section 3(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a(a)), as added by this section, for reappointment as a Commissioner.” Termination of Current Terms and Completion of Pending Appointments Pub. L. 101–627, title II, § 202, Nov. 28, 1990, 104 Stat. 4460, provided that: “The term as Commissioner of each individual serving in that position on the date of enactment of this Act [Nov. 28, 1990] shall terminate March 1, 1991. Not later than that date, the President shall complete appointment (or reappointment) of individuals to serve as Commissioners on and after that date.”

§971a Commissioners