§ 971b. — Advisory committee.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC971b]
TITLE 16--CONSERVATION
CHAPTER 16A--ATLANTIC TUNAS CONVENTION
Sec. 971b. Advisory committee
(a) There is established an advisory committee which shall be
composed of--
(1) not less than five nor more than twenty individuals
appointed by the United States Commissioners who shall select such
individuals from the various groups concerned with the fisheries
covered by the Convention; and
(2) the chairmen (or their designees) of the New England, Mid-
Atlantic, South Atlantic, Caribbean, and Gulf Fishery Management
Councils established under section 302(a) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1852(a)).
Each member of the advisory committee appointed under paragraph (1)
shall serve for a term of two years and shall be eligible for
reappointment. Members of the advisory committee may attend all public
meetings of the Commission, Council, or any Panel and any other meetings
to which they are invited by the Commission, Council, or any Panel. The
advisory committee shall be invited to attend all nonexecutive meetings
of the United States Commissioners and at such meetings shall be given
opportunity to examine and to be heard on all proposed programs of
investigation, reports, recommendations, and regulations of the
Commission. Members of the advisory committee shall receive no
compensation for their services as such members. The Secretary and the
Secretary of State may pay the necessary travel expenses of members of
the advisory committee in accordance with the Federal Travel Regulations
and sections 5701, 5702, 5704 through 5708, and 5731 of title 5.
(b)(1) A majority of the members of the advisory committee shall
constitute a quorum, but one or more such members designated by the
advisory committee may hold meetings to provide for public participation
and to discuss measures relating to the United States implementation of
Commission recommendations.
(2) The advisory committee shall elect a Chairman for a 2-year term
from among its members.
(3) The advisory committee shall meet at appropriate times and
places at least twice a year, at the call of the Chairman or upon the
request of the majority of its voting members, the United States
Commissioners, the Secretary, or the Secretary of State. Meetings of the
advisory committee, except when in executive session, shall be open to
the public, and prior notice of meetings shall be made public in a
timely fashion.
(4)(A) The Secretary shall provide to the advisory committee in a
timely manner such administrative and technical support services as are
necessary for the effective functioning of the committee.
(B) The Secretary and the Secretary of State shall furnish the
advisory committee with relevant information concerning fisheries and
international fishery agreements.
(5) The advisory committee shall determine its organization, and
prescribe its practices and procedures for carrying out its functions
under this chapter, the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), and the Convention. The
advisory committee shall publish and make available to the public a
statement of its organization, practices, and procedures.
(6) The advisory committee shall, to the maximum extent practicable,
consist of an equitable balance among the various groups concerned with
the fisheries covered by the Convention and shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
(Pub. L. 94-70, Sec. 4, Aug. 5, 1975, 89 Stat. 386; Pub. L. 96-339,
Sec. 1(1), Sept. 4, 1980, 94 Stat. 1069; Pub. L. 96-561, title II,
Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 101-627, title II,
Sec. 204, Nov. 28, 1990, 104 Stat. 4460; Pub. L. 104-43, title III,
Sec. 304, Nov. 3, 1995, 109 Stat. 384; Pub. L. 105-384, title II,
Sec. 202(b)(1)(F), Nov. 13, 1998, 112 Stat. 3453.)
References in Text
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in subsec. (b)(5), is Pub. L. 94-265, Apr. 13, 1976, 90
Stat. 331, as amended, which is classified principally to chapter 38
(Sec. 1801 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1801 of this
title and Tables.
The Federal Advisory Committee Act, referred to in subsec. (b)(6),
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.
Amendments
1998--Subsecs. (a)(2), (b)(5). Pub. L. 105-384 substituted
``Magnuson-Stevens Fishery'' for ``Magnuson Fishery''.
1995--Pub. L. 104-43 designated existing provisions as subsec. (a)
and added subsec. (b).
1990--Pub. L. 101-627 amended last sentence generally. Prior to
amendment, last sentence read as follows: ``On approval by the United
States Commissioners--
``(A) if not more than three members of the advisory committee
are designated by the committee to attend any meeting of the
Commission, Council, or advisory committee, or of any Panel, each of
such members shall be paid for his actual transportation expenses
and per diem incident to his attendance; and
``(B) in any case in which more than three members are
designated by the advisory committee to attend any such meeting,
each such member to whom subparagraph (A) does not apply may be paid
for his actual transportation expenses and per diem incident to his
attendance.''
1980--Pub. L. 96-339 incorporated existing provision in par.
designated (1), added par. (2), redesignated as subpars. (A) and (B)
former pars. (1) and (2), substituted in subpar. (B) reference to
``subparagraph (A)'' for ``paragraph (1)'', and made specific reference
to appointment of committee member under paragraph (1).
Par. (2). Pub. L. 96-561 substituted ``Magnuson Fishery Conservation
and Management Act'' for ``Fishery Conservation and Management Act of
1976''.
Effective Date of 1980 Amendment
Section 238(b) of Pub. L. 96-561 provided that the amendment made by
that section is effective 15 days after Dec. 22, 1980.
Section Referred to in Other Sections
This section is referred to in sections 971a, 971h, 971i of this
title.
