§ 5601. — Representation of United States under Convention.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5601]
TITLE 16--CONSERVATION
CHAPTER 76--NORTHWEST ATLANTIC FISHERIES CONVENTION
Sec. 5601. Representation of United States under Convention
(a) Commissioners
(1) Appointments, generally
The Secretary shall appoint not more than 3 individuals to serve
as the representatives of the United States on the General Council
and the Fisheries Commission, who shall each--
(A) be known as a ``United States Commissioner to the
Northwest Atlantic Fisheries Organization''; and
(B) serve at the pleasure of the Secretary.
(2) Requirements for appointments
(A) The Secretary shall ensure that of the individuals serving
as Commissioners--
(i) at least 1 is appointed from among representatives of
the commercial fishing industry;
(ii) 1 (but no more than 1) is an official of the
Government; and
(iii) 1, other than the individual appointed under clause
(ii), is a voting member of the New England Fishery Management
Council.
(B) 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.
(3) Terms
(A) The term of an individual appointed as a Commissioner--
(i) shall be specified by the Secretary at the time of
appointment; and
(ii) may not exceed 4 years.
(B) An individual who is not a Government official may not serve
more than 2 consecutive terms as a Commissioner.
(b) Alternate Commissioners
(1) Appointment
The Secretary may, for any anticipated absence of a duly
appointed Commissioner at a meeting of the General Council or the
Fisheries Commission, designate an individual to serve as an
Alternate Commissioner.
(2) Functions
An Alternate Commissioner may exercise all powers and perform
all duties of the Commissioner for whom the Alternate Commissioner
is designated, at any meeting of the General Council or the
Fisheries Commission for which the Alternate Commissioner is
designated.
(c) Representatives
(1) Appointment
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''.
(2) Eligibility for appointment
(A) 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.
(B) The Secretary shall appoint as a Representative at least 1
individual who is an official of the Government.
(3) Term
An individual appointed as a Representative--
(A) shall serve for a term of not to exceed 4 years, as
specified by the Secretary at the time of appointment;
(B) may be reappointed; and
(C) shall serve at the pleasure of the Secretary.
(d) Alternate Representatives
(1) Appointment
The Secretary may, for any anticipated absence of a duly
appointed Representative at a meeting of the Scientific Council,
designate an individual to serve as an Alternate Representative.
(2) Functions
An Alternate Representative may exercise all powers and perform
all duties of the Representative for whom the Alternate
Representative is designated, at any meeting of the Scientific
Council for which 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
(1) In general
In carrying out their functions under the Convention,
Commissioners, Alternate Commissioners, Representatives, and
Alternate Representatives shall--
(A) coordinate with the appropriate Regional Fishery
Management Councils established by section 1852 of this title;
and
(B) consult with the committee established under section
5607 of this title.
(2) Relationship to other law
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to coordination and consultations under this subsection.
(Pub. L. 104-43, title II, Sec. 202, Nov. 3, 1995, 109 Stat. 377.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (f)(2),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
Short Title
Section 201 of title II of Pub. L. 104-43 provided that: ``This
title [enacting this chapter] may be cited as the `Northwest Atlantic
Fisheries Convention Act of 1995'.''
Section Referred to in Other Sections
This section is referred to in sections 5608, 5609 of this title.
