§ 953. — General Advisory Committee and Scientific Advisory Subcommittee.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC953]
TITLE 16--CONSERVATION
CHAPTER 16--TUNA CONVENTIONS
Sec. 953. General Advisory Committee and Scientific Advisory
Subcommittee
(a) Appointments; public participation; compensation
The Secretary, in consultation with the United States Commissioners,
shall--
(1) appoint a General Advisory Committee which shall be composed
of not less than 5 nor more than 15 persons with balanced
representation from the various groups participating in the
fisheries included under the conventions, and from nongovernmental
conservation organizations;
(2) appoint a Scientific Advisory Subcommittee which shall be
composed of not less than 5 nor more than 15 qualified scientists
with balanced representation from the public and private sectors,
including nongovernmental conservation organizations;
(3) establish procedures to provide for appropriate public
participation and public meetings and to provide for the
confidentiality of confidential business data; and
(4) fix the terms of office of the members of the General
Advisory Committee and Scientific Advisory Subcommittee, who shall
receive no compensation for their services as such members.
(b) Functions
(1) General Advisory Committee
The General Advisory Committee shall be invited to have
representatives attend all nonexecutive meetings of the United
States sections and shall be given full opportunity to examine and
to be heard on all proposed programs of investigations, reports,
recommendations, and regulations of the Commission. The General
Advisory Committee may attend all meetings of the international
commissions to which they are invited by such commissions.
(2) Scientific Advisory Subcommittee
(A) Advice
The Scientific Advisory Subcommittee shall advise the
General Advisory Committee and the Commissioners on matters
including--
(i) the conservation of ecosystems;
(ii) the sustainable uses of living marine resources
related to the tuna fishery in the eastern Pacific Ocean;
and
(iii) the long-term conservation and management of
stocks of living marine resources in the eastern tropical
Pacific Ocean.
(B) Other functions and assistance
The Scientific Advisory Subcommittee shall, as requested by
the General Advisory Committee, the United States Commissioners,
or the Secretary, perform functions and provide assistance
required by formal agreements entered into by the United States
for this fishery, including the International Dolphin
Conservation Program. These functions may include--
(i) the review of data from the Program, including data
received from the Inter-American Tropical Tuna Commission;
(ii) recommendations on research needs, including
ecosystems, fishing practices, and gear technology research,
including the development and use of selective,
environmentally safe and cost-effective fishing gear, and on
the coordination and facilitation of such research;
(iii) recommendations concerning scientific reviews and
assessments required under the Program and engaging, as
appropriate, in such reviews and assessments;
(iv) consulting with other experts as needed; and
(v) recommending measures to assure the regular and
timely full exchange of data among the parties to the
Program and each nation's National Scientific Advisory
Committee (or its equivalent).
(3) Attendance at meetings
The Scientific Advisory Subcommittee shall be invited to have
representatives attend all nonexecutive meetings of the United
States sections and the General Advisory Subcommittee and shall be
given full opportunity to examine and to be heard on all proposed
programs of scientific investigation, scientific reports, and
scientific recommendations of the commission. Representatives of the
Scientific Advisory Subcommittee may attend meetings of the Inter-
American Tropical Tuna Commission in accordance with the rules of
such Commission.
(Sept. 7, 1950, ch. 907, Sec. 4, 64 Stat. 778; Pub. L. 102-523,
Sec. 3(a)(2), Oct. 26, 1992, 106 Stat. 3433; Pub. L. 105-42, Sec. 7(b),
Aug. 15, 1997, 111 Stat. 1137.)
Amendments
1997--Pub. L. 105-42 which directed insertion of catchline and
general amendment of text of section 4 of the Tuna Conventions Act, was
executed to this section, to reflect the probable intent of Congress.
Prior to amendment, text read as follows: ``The United States
Commissioners shall (a) appoint an advisory committee which shall be
composed of not less than five nor more than fifteen persons who shall
be selected from the various groups participating in the fisheries
included under the conventions, and from nongovernmental conservation
organizations, and (b) shall fix the terms of office of the members of
such committee, who shall receive no compensation for their services as
such members. The advisory committee shall be invited to attend all
nonexecutive meetings of the United States sections and shall be given
full opportunity to examine and to be heard on all proposed programs of
investigation, reports, recommendations, and regulations of the
commissions. The advisory committee may attend all meetings of the
international commissions to which they are invited by such
commissions.''
1992--Pub. L. 102-523 inserted ``and from nongovernmental
conservation organizations,'' after ``under the conventions,''.
Effective Date of 1997 Amendment
For effective date of amendment by Pub. L. 105-42, see section 8 of
Pub. L. 105-42, set out as a note under section 1362 of this title.
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a committee established by
the President or an officer of the Federal Government, such committee is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a committee established by the Congress, its
duration is otherwise provided by law. See section 14 of Pub. L. 92-463,
Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5,
Government Organization and Employees.
