§ 971g. — Cooperation in carrying out 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: 16USC971g]
TITLE 16--CONSERVATION
CHAPTER 16A--ATLANTIC TUNAS CONVENTION
Sec. 971g. Cooperation in carrying out Convention
(a) Federal and State agencies; private institutions and organizations
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) Scientific and other programs; facilities and personnel
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) Fishing operations and biological experiments
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) State jurisdiction; preemption by Federal regulations
(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.
If a State requests the opportunity for an agency hearing on the record,
the Secretary shall not apply regulations promulgated pursuant to this
chapter within that State's boundaries unless the hearing record
supports a determination under paragraph (A) or (B). Such regulations
shall apply until the Secretary determines that the State is effectively
enforcing within its boundaries measures which are not less restrictive
than such regulations.
(e) Continuing review of State laws and regulations
To insure that the purposes of subsection (d) of this section are
carried out, the Secretary shall undertake a continuing review of the
laws and regulations of all States to which subsection (d) of this
section applies or may apply and the extent to which such laws and
regulations are enforced.
(Pub. L. 94-70, Sec. 9, Aug. 5, 1975, 89 Stat. 392.)
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.
