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

Summary

U.S. commissioners can arrange for federal, state, and private agencies to help carry out Article IV of the Convention. They do this through the Secretary of State and only with the agreement of the agency or organization involved. Federal agencies must help when the Commission asks, including running programs and providing staff and facilities. No federal or state law may stop the Commission from carrying out or approving fishing or biological experiments for scientific research or from doing other duties under the Convention. The chapter does not change a State’s control of its territorial sea unless a State fails to act. If a State does not ask for a formal hearing and the Secretary finds that the State either did not adopt the Commission’s recommended rules within a reasonable time, or adopted weaker rules or is not enforcing them, then the federal rules to implement the Commission’s recommendations will apply in that State’s waters. The Secretary must keep reviewing State laws and how well they are enforced.

Title 16, §971g

Conservation — Source: USLM XML via OLRC

(a)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)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)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)(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.

(e)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

Citations & Metadata