16 U.S.C. § 971g: Cooperation in carrying out…

Summary

U.S. Commissioners, working with the Secretary of State and any agency or organization that agrees, can get help from federal, state, and private groups to carry out Article IV of the Convention. Federal agencies must help when the Commission asks and can provide people and facilities for scientific and other programs. The Commission may run or allow fishing and biological experiments at any time for scientific study, even if other federal or state rules would otherwise block them. State control of its territorial sea stays the same unless the Secretary of State gives notice and the State does not request a formal hearing. Then federal rules made to follow the Commission’s recommendations will apply inside that State if the Secretary of State finds the State either did not adopt the recommendations within a reasonable period of time or has weaker or poorly enforced rules. The Secretary of State must keep reviewing State laws and enforcement.

Title 16, §971g

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(a)Federal and State agencies; private institutions and organizations

The United States Commissioners, through the Secretary of State and with the concurrence of the agency, institution, or organization concerned, may arrange for the cooperation of agencies of the United States Government, and of State and private institutions and organizations in carrying out the provisions of article IV of the Convention.

(b)Scientific and other programs; facilities and personnel

All agencies of the Federal Government are authorized, upon the request of the Commission, to cooperate in the conduct of scientific and other programs, and to furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the Convention.

(c)Fishing operations and biological experiments

None of the prohibitions deriving from this chapter, or contained in the laws or regulations of any State, shall prevent the Commission from conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation, or shall prevent the Commission from discharging any other duties prescribed by the Convention.

(d)State jurisdiction; preemption by Federal regulations

(1)Except as provided in paragraph (2) of this subsection, nothing in this chapter shall be construed so as to diminish or to increase the jurisdiction of any State in the territorial sea of the United States.

(2)In the event a State does not request a formal hearing and after notice by the Secretary, the regulations promulgated pursuant to this chapter to implement recommendations of the Commission shall apply within the boundaries of any State bordering on any Convention area if the Secretary determines that any such State—

(A)has not, within a reasonable period of time after the promulgation of regulations pursuant to this chapter, enacted laws or promulgated regulations which implement any such recommendation of the Commission within the boundaries of such State; or

(B)has enacted laws or promulgated regulations which (i) are less restrictive than the regulations promulgated pursuant to this chapter, or (ii) are not effectively enforced.

If a State requests the opportunity for an agency hearing on the record, the Secretary shall not apply regulations promulgated pursuant to this chapter within that State’s boundaries unless the hearing record supports a determination under paragraph (A) or (B). Such regulations shall apply until the Secretary determines that the State is effectively enforcing within its boundaries measures which are not less restrictive than such regulations.

(e)Continuing review of State laws and regulations

To insure that the purposes of subsection (d) are carried out, the Secretary shall undertake a continuing review of the laws and regulations of all States to which subsection (d) applies or may apply and the extent to which such laws and regulations are enforced.

Executive Documents

Territorial Sea of United States For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.

§971g Cooperation in Carrying Out Convention

Summary

Title 16, §971g

Notes & Related Subsidiaries

Executive Documents

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