CHAPTER 76 - NORTHWEST ATLANTIC FISHERIES CONVENTION
Title 16 > CHAPTER 76
Sections (12)
§ 5601 Representation of United States under Convention
(a) Commissioners The Secretary shall appoint not more than 3 individuals to serve as the representatives of the United States on the Commission, who shall each— be known as a “United States Commissioner to the Northwest Atlantic Fisheries Organization”; and serve at the pleasure of the Secretary. The Secretary shall ensure that of the individuals serving as Commissioners— at least 1 is appointed from among representatives of the commercial fishing industry; 1 (but no more than 1) is an official of the Government; and 1, other than the individual appointed under clause (ii), is a voting member of the New England Fishery Management Council. 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. The term of an individual appointed as a Commissioner— shall be specified by the Secretary at the time of appointment; and may not exceed 4 years. An individual who is not a Government official may not serve more than 2 consecutive terms as a Commissioner.
(b) Alternate Commissioners The Secretary may, for any anticipated absence of a duly appointed Commissioner, designate an individual to serve as an Alternate Commissioner. An Alternate Commissioner may exercise all powers and perform all duties of the Commissioner for whom the Alternate Commissioner is designated.
(c) Representatives 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”. 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. The Secretary shall appoint as a Representative at least 1 individual who is an official of the Government. An individual appointed as a Representative— shall serve for a term of not to exceed 4 years, as specified by the Secretary at the time of appointment; may be reappointed; and shall serve at the pleasure of the Secretary.
(d) Alternate Representatives The Secretary may, for any anticipated absence of a duly appointed Representative, designate an individual to serve as an Alternate Representative. 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 In carrying out their functions under the Convention, Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives shall— coordinate with the appropriate Regional Fishery Management Councils established by section 1852 of this title ; and consult with the committee established under section 5607 of this title . Chapter 10 of title 5 shall not apply to coordination and consultations under this subsection.
§ 5602 Requests for scientific advice
(a) Restriction A Representative may not make a request or specification described in paragraph (1) or (2) of subsection (b), respectively, unless the Representative has first— consulted with the appropriate Regional Fishery Management Councils; and received the consent of the Commissioners for that action.
(b) Requests and terms of reference described The requests and specifications referred to in subsection (a) are, respectively— any request, under Article VII(10)(b) of the Convention, that the Scientific Council consider and report on a question pertaining to the scientific basis for the management and conservation of fishery resources in waters under the jurisdiction of the United States within the Convention Area; and any specification, under Article VII(11) of the Convention, of the terms of reference for the consideration of a question referred to the Scientific Council pursuant to Article VII(10)(b) of the Convention.
§ 5603 Authorities of Secretary of State with respect to Convention
The Secretary of State may, on behalf of the Government of the United States— receive and transmit reports, requests, recommendations, proposals, and other communications of and to the Organization and its subsidiary organs; object, or withdraw an objection, to the proposal of the Commission consistent with the procedures detailed in Articles XIV and XV of the Convention; give or withdraw notice of intent not to be bound by a measure of the Commission consistent with the procedures detailed in Articles XIV and XV of the Convention; object or withdraw an objection to an amendment to the Convention; and act upon, or refer to any other appropriate authority, any other communication referred to in paragraph (1). ( Pub. L. 104–43, title II, § 204 , Nov. 3, 1995 , 109 Stat. 379 ; Pub. L. 114–327, title V, § 504 , Dec. 16, 2016 , 130 Stat. 1996 .)
§ 5604 Interagency cooperation
(a) Authorities of the Secretary In carrying out the provisions of the Convention and this chapter, the Secretary may arrange for cooperation with— any department, agency, or instrumentality of the United States; a State; a Council; or a private institution or an organization.
(b) Other agencies The head of any Federal agency may— cooperate in the conduct of scientific and other programs, and furnish facilities and personnel, for the purposes of assisting the Organization in carrying out its duties under the Convention; and accept reimbursement from the Organization for providing such services, facilities, and personnel.
§ 5605 Rulemaking
The Secretary shall promulgate regulations as may be necessary to carry out the purposes and objectives of the Convention and this chapter. Any such regulation may be made applicable, as necessary, to all persons and all vessels subject to the jurisdiction of the United States, wherever located. ( Pub. L. 104–43, title II, § 206 , Nov. 3, 1995 , 109 Stat. 379 .)
§ 5606 Prohibited acts and enforcement
(a) Prohibition It is unlawful for any person or vessel that is subject to the jurisdiction of the United States— to violate any regulation issued under this chapter or any measure that is legally binding on the United States under the Convention; to refuse to permit any authorized enforcement officer to board a fishing vessel that is subject to the person’s control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Convention; forcibly to assault, resist, oppose, impede, intimidate, or interfere with any authorized enforcement officer in the conduct of any search, investigation, or inspection described in paragraph (2); to resist a lawful arrest for any act prohibited by this section; to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fishery resources taken or retained in violation of this section; or to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that the other person has committed an act prohibited by this section.
(b) Additional prohibitions and enforcement For additional prohibitions relating to this chapter and enforcement of this chapter, see section 1826g of this title .
§ 5607 Consultative committee
(a) Establishment The Secretary of State and the Secretary, shall jointly establish a consultative committee to advise the Secretaries on issues related to the Convention.
(b) Membership The membership of the Committee shall include representatives from the New England and Mid-Atlantic Fishery Management Councils, the States represented on those Councils, the Atlantic States Marine Fisheries Commission, the fishing industry, the seafood processing industry, and others knowledgeable and experienced in the conservation and management of fisheries in the Northwest Atlantic Ocean. Each member of the consultative committee shall serve for a term of 2 years and shall be eligible for reappointment.
(c) Duties of committee Members of the consultative committee may attend— all public meetings of the Commission; any other meetings to which they are invited by the Commission; and all nonexecutive meetings of the United States Commissioners.
(d) Relationship to other law Chapter 10 of title 5 shall not apply to the consultative committee established under this section.
§ 5608 Administrative matters
(a) Prohibition on compensation A person shall not receive any compensation from the Government by reason of any service of the person as— a Commissioner, Alternate Commissioner, Representative, or Alternative Representative; an expert or adviser authorized under section 5601(e) of this title ; or a member of the consultative committee established by section 5607 of this title .
(b) Travel and expenses The Secretary of State shall, subject to the availability of appropriations, pay all necessary travel and other expenses of persons described in subsection (a)(1) and of not more than six experts and advisers authorized under section 5601(e) of this title with respect to their actual performance of their official duties pursuant to this chapter, in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5.
(c) Status as Federal employees A person shall not be considered to be a Federal employee by reason of any service of the person in a capacity described in subsection (a), except for purposes of injury compensation and tort claims liability under chapter 81 of title 5 and chapter 171 of title 28, respectively.
§ 5609 Definitions
In this chapter: The term “1982 Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982. The term “authorized enforcement officer” means a person authorized to enforce this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Convention. The term “Commission” means the body provided for by Articles V, VI, XIII, XIV, and XV of the Convention. The term “Commissioner” means a United States Commissioner to the Northwest Atlantic Fisheries Organization appointed under section 5601 of this title . The term “Convention” means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978 , and as amended on September 28, 2007 . The term “Convention Area” means the waters of the Northwest Atlantic Ocean north of 35°00′ N and west of a line extending due north from 35°00′ N and 42°00′ W to 59°00′ N, thence due west to 44°00′ W, and thence due north to the coast of Greenland, and the waters of the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 78°10′ N. The term “Council” means the New England Fishery Management Council or the Mid-Atlantic Fishery Management Council. The term “fishery resources” means all fish, mollusks, and crustaceans, including any products thereof, within the Convention Area. The term “fishery resources” does not include— sedentary species over which coastal States may exercise sovereign rights consistent with Article 77 of the 1982 Convention; or insofar as they are managed under other international treaties, anadromous and catadromous stocks and highly migratory species listed in Annex I of the 1982 Convention. The term “fishing activities” means harvesting or processing fishery resources, or transhipping 1 of fishery resources or products derived from fishery resources, or any other activity in preparation for, in support of, or related to the harvesting of fishery resources. The term “fishing activities” includes— the actual or attempted searching for or catching or taking of fishery resources; any activity that can reasonably be expected to result in locating, catching, taking, or harvesting of fishery resources for any purpose; and any operation at sea in support of, or in preparation for, any activity described in this paragraph. The term “fishing activities” does not include any operation related to emergencies involving the health and safety of crew members or the safety of a vessel. The term “fishing vessel” means a vessel that is or has been engaged in fishing activities. The term “fishing vessel” includes a fish processing vessel or a vessel engaged in transshipment or any other activity in preparation for or related to fishing activities, or in experimental or exploratory fishing activities. The term “Organization” means the Northwest Atlantic Fisheries Organization provided for by Article V of the Convention. The term “person” means any individual (whether or not a citizen or national of the United States), and any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State). The term “Representative” means a United States Representative to the Northwest Atlantic Fisheries Scientific Council appointed under section 5601 of this title . The term “Scientific Council” means the Scientific Council provided for by Articles V, VI, and VII of the Convention. The term “Secretary” means the Secretary of Commerce. The term “State” means each of the several States of the United States, the District of Columbia, and any other commonwealth, territory, or possession of the United States. The term “transshipment” means the unloading of all or any of the fishery resources on board a fishing vessel to another fishing vessel either at sea or in port. ( Pub. L. 104–43, title II, § 210 , Nov. 3, 1995 , 109 Stat. 381 ; Pub. L. 105–384, title II, § 201(b)(3) , Nov. 13, 1998 , 112 Stat. 3451 ; Pub. L. 114–327, title V, § 508 , Dec. 16, 2016 , 130 Stat. 1996 .)
§ 5610 Authorization of appropriations
There are authorized to be appropriated to carry out this chapter, including to pay the United States contribution to the Organization as provided in Article IX of the Convention, $500,000 for each fiscal year through fiscal year 2021. ( Pub. L. 104–43, title II, § 211 , Nov. 3, 1995 , 109 Stat. 382 ; Pub. L. 105–384, title II, § 201(a) , Nov. 13, 1998 , 112 Stat. 3451 ; Pub. L. 107–372, title III, § 305 , Dec. 19, 2002 , 116 Stat. 3096 ; Pub. L. 109–479, title III, § 302(i) , Jan. 12, 2007 , 120 Stat. 3625 ; Pub. L. 114–327, title V, § 509 , Dec. 16, 2016 , 130 Stat. 1998 .)