-CITE-
    16 USC CHAPTER 76 - NORTHWEST ATLANTIC FISHERIES
           CONVENTION                                      01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 76 - NORTHWEST ATLANTIC FISHERIES CONVENTION

-HEAD-
           CHAPTER 76 - NORTHWEST ATLANTIC FISHERIES CONVENTION       

-MISC1-
    Sec.                                                     
    5601.       Representation of United States under Convention.     
    5602.       Requests for scientific advice.                       
    5603.       Authorities of Secretary of State with respect to
                 Convention.                                          
    5604.       Interagency cooperation.                              
    5605.       Rulemaking.                                           
    5606.       Prohibited acts and penalties.                        
    5607.       Consultative committee.                               
    5608.       Administrative matters.                               
    5609.       Definitions.                                          
    5610.       Authorization of appropriations.                      
    5611.       Annual report.                                        
    5612.       Quota allocation practice.                            

-End-



-CITE-
    16 USC Sec. 5601                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 76 - NORTHWEST ATLANTIC FISHERIES CONVENTION

-HEAD-
    Sec. 5601. Representation of United States under Convention

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 104-43, title II, Sec. 202, Nov. 3, 1995, 109 Stat. 377.)

-REFTEXT-
                            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.


-MISC1-
                                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'."

-End-



-CITE-
    16 USC Sec. 5602                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 76 - NORTHWEST ATLANTIC FISHERIES CONVENTION

-HEAD-
    Sec. 5602. Requests for scientific advice

-STATUTE-
    (a) Restriction
      The Representatives may not make a request or specification
    described in subsection (b)(1) or (2) of this section,
    respectively, unless the Representatives have first - 
        (1) consulted with the appropriate Regional Fishery Management
      Councils; and
        (2) 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) of
    this section are, respectively - 
        (1) any request, under Article VII(1) 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
        (2) any specification, under Article VIII(2) of the Convention,
      of the terms of reference for the consideration of a question
      referred to the Scientific Council pursuant to Article VII(1) of
      the Convention.

-SOURCE-
    (Pub. L. 104-43, title II, Sec. 203, Nov. 3, 1995, 109 Stat. 378.)

-End-



-CITE-
    16 USC Sec. 5603                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 76 - NORTHWEST ATLANTIC FISHERIES CONVENTION

-HEAD-
    Sec. 5603. Authorities of Secretary of State with respect to
      Convention

-STATUTE-
      The Secretary of State may, on behalf of the Government of the
    United States - 
        (1) receive and transmit reports, requests, recommendations,
      proposals, and other communications of and to the Organization
      and its subsidiary organs;
        (2) object, or withdraw an objection, to the proposal of the
      Fisheries Commission;
        (3) give or withdraw notice of intent not to be bound by a
      measure of the Fisheries Commission;
        (4) object or withdraw an objection to an amendment to the
      Convention; and
        (5) act upon, or refer to any other appropriate authority, any
      other communication referred to in paragraph (1).

-SOURCE-
    (Pub. L. 104-43, title II, Sec. 204, Nov. 3, 1995, 109 Stat. 379.)

-End-



-CITE-
    16 USC Sec. 5604                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 76 - NORTHWEST ATLANTIC FISHERIES CONVENTION

-HEAD-
    Sec. 5604. Interagency cooperation

-STATUTE-
    (a) Authorities of Secretary
      In carrying out the provisions of the Convention and this
    chapter, the Secretary may arrange for cooperation with other
    agencies of the United States, the States, the New England and the
    Mid-Atlantic Fishery Management Councils, and private institutions
    and organizations.
    (b) Other agencies
      The head of any Federal agency may - 
        (1) 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
        (2) accept reimbursement from the Organization for providing
      such services, facilities, and personnel.

-SOURCE-
    (Pub. L. 104-43, title II, Sec. 205, Nov. 3, 1995, 109 Stat. 379.)

-End-



-CITE-
    16 USC Sec. 5605                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 76 - NORTHWEST ATLANTIC FISHERIES CONVENTION

-HEAD-
    Sec. 5605. Rulemaking

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 104-43, title II, Sec. 206, Nov. 3, 1995, 109 Stat. 379.)

-End-



-CITE-
    16 USC Sec. 5606                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 76 - NORTHWEST ATLANTIC FISHERIES CONVENTION

-HEAD-
    Sec. 5606. Prohibited acts and penalties

-STATUTE-
    (a) Prohibition
      It is unlawful for any person or vessel that is subject to the
    jurisdiction of the United States - 
        (1) to violate any regulation issued under this chapter or any
      measure that is legally binding on the United States under the
      Convention;
        (2) 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 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;
        (3) forcibly to assault, resist, oppose, impede, intimidate, or
      interfere with any authorized enforcement officer in the conduct
      of any search or inspection described in paragraph (2);
        (4) to resist a lawful arrest for any act prohibited by this
      section;
        (5) to ship, transport, offer for sale, sell, purchase, import,
      export, or have custody, control, or possession of, any fish
      taken or retained in violation of this section; or
        (6) 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) Civil penalty
      Any person who commits any act that is unlawful under subsection
    (a) of this section shall be liable to the United States for a
    civil penalty, or may be subject to a permit sanction, under
    section 1858 of this title.
    (c) Criminal penalty
      Any person who commits an act that is unlawful under paragraph
    (2), (3), (4), or (6) of subsection (a) of this section shall be
    guilty of an offense punishable under section 1859(b) of this
    title.
    (d) Civil forfeitures
      (1) In general
        Any vessel (including its gear, furniture, appurtenances,
      stores, and cargo) used in the commission of an act that is
      unlawful under subsection (a) of this section, and any fish (or
      the fair market value thereof) taken or retained, in any manner,
      in connection with or as a result of the commission of any act
      that is unlawful under subsection (a) of this section, shall be
      subject to seizure and forfeiture as provided in section 1860 of
      this title.
      (2) Disposal of fish
        Any fish seized pursuant to this chapter may be disposed of
      pursuant to the order of a court of competent jurisdiction or, if
      perishable, in a manner prescribed by regulations issued by the
      Secretary.
    (e) Enforcement
      The Secretary and the Secretary of the department in which the
    Coast Guard is operating shall enforce the provisions of this
    chapter and shall have the authority specified in section 1861(a),
    (b)(1), and (c) of this title for that purpose.
    (f) Jurisdiction of courts
      The district courts of the United States shall have exclusive
    jurisdiction over any case or controversy arising under this
    section and may, at any time - 
        (1) enter restraining orders or prohibitions;
        (2) issue warrants, process in rem, or other process;
        (3) prescribe and accept satisfactory bonds or other security;
      and
        (4) take such other actions as are in the interests of justice.

-SOURCE-
    (Pub. L. 104-43, title II, Sec. 207, Nov. 3, 1995, 109 Stat. 379;
    Pub. L. 105-384, title II, Sec. 201(b)(1), Nov. 13, 1998, 112 Stat.
    3451.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (e). Pub. L. 105-384 substituted "section" for
    "sections".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    16 USC Sec. 5607                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 76 - NORTHWEST ATLANTIC FISHERIES CONVENTION

-HEAD-
    Sec. 5607. Consultative committee

-STATUTE-
    (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
      (1) 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.
      (2) Terms and Reappointment. - Each member of the consultative
    committee shall serve for a term of two years and shall be eligible
    for reappointment.
    (c) Duties of committee
      Members of the consultative committee may attend - 
        (1) all public meetings of the General Council or the Fisheries
      Commission;
        (2) any other meetings to which they are invited by the General
      Council or the Fisheries Commission; and
        (3) all nonexecutive meetings of the United States
      Commissioners.
    (d) Relationship to other law
      The Federal Advisory Committee Act (5 U.S.C. App.) shall not
    apply to the consultative committee established under this section.

-SOURCE-
    (Pub. L. 104-43, title II, Sec. 208, Nov. 3, 1995, 109 Stat. 380.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsec. (d),
    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.

-End-



-CITE-
    16 USC Sec. 5608                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 76 - NORTHWEST ATLANTIC FISHERIES CONVENTION

-HEAD-
    Sec. 5608. Administrative matters

-STATUTE-
    (a) Prohibition on compensation
      A person shall not receive any compensation from the Government
    by reason of any service of the person as - 
        (1) a Commissioner, Alternate Commissioner, Representative, or
      Alternative Representative;
        (2) an expert or adviser authorized under section 5601(e) of
      this title; or
        (3) 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) of this section 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) of this section, except for purposes of injury
    compensation and tort claims liability under chapter 81 of title 5
    and chapter 171 of title 28, respectively.

-SOURCE-
    (Pub. L. 104-43, title II, Sec. 209, Nov. 3, 1995, 109 Stat. 381;
    Pub. L. 105-384, title II, Sec. 201(b)(2), Nov. 13, 1998, 112 Stat.
    3451.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (c). Pub. L. 105-384 substituted "171" for "17".

-End-



-CITE-
    16 USC Sec. 5609                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 76 - NORTHWEST ATLANTIC FISHERIES CONVENTION

-HEAD-
    Sec. 5609. Definitions

-STATUTE-
      In this chapter the following definitions apply:
      (1) Authorized enforcement officer
        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.
      (2) Commissioner
        The term "Commissioner" means a United States Commissioner to
      the Northwest Atlantic Fisheries Organization appointed under
      section 5601(a) of this title.
      (3) Convention
        The term "Convention" means the Convention on Future
      Multilateral Cooperation in the Northwest Atlantic Fisheries,
      done at Ottawa on October 24, 1978.
      (4) Fisheries Commission
        The term "Fisheries Commission" means the Fisheries Commission
      provided for by Articles II, XI, XII, XIII, and XIV of the
      Convention.
      (5) General Council
        The term "General Council" means the General Council provided
      for by Article (!1) II, III, IV, and V of the Convention.

      (6) Magnuson Act
        The term "Magnuson Act" means the Magnuson-Stevens Fishery
      Conservation and Management Act (16 U.S.C. 1801 et seq.).
      (7) Organization
        The term "Organization" means the Northwest Atlantic Fisheries
      Organization provided for by Article II of the Convention.
      (8) Person
        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).
      (9) Representative
        The term "Representative" means a United States Representative
      to the Northwest Atlantic Fisheries Scientific Council appointed
      under section 5601(c) of this title.
      (10) Scientific Council
        The term "Scientific Council" means the Scientific Council
      provided for by Articles II, VI, VII, VIII, IX, and X of the
      Convention.
      (11) Secretary
        The term "Secretary" means the Secretary of Commerce.

-SOURCE-
    (Pub. L. 104-43, title II, Sec. 210, Nov. 3, 1995, 109 Stat. 381;
    Pub. L. 105-384, title II, Sec. 201(b)(3), Nov. 13, 1998, 112 Stat.
    3451.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Magnuson-Stevens Fishery Conservation and Management Act,
    referred to in par. (6), 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.


-MISC1-
                                AMENDMENTS                            
      1998 - Par. (6). Pub. L. 105-384 substituted "Magnuson-Stevens
    Fishery" for "Magnuson Fishery".

-FOOTNOTE-
    (!1) So in original. Probably should be "Articles".


-End-



-CITE-
    16 USC Sec. 5610                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 76 - NORTHWEST ATLANTIC FISHERIES CONVENTION

-HEAD-
    Sec. 5610. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to carry out this
    chapter, including use for payment as the United States
    contribution to the Organization as provided in Article XVI of the
    Convention, $500,000 for each fiscal year through fiscal year 2012.

-SOURCE-
    (Pub. L. 104-43, title II, Sec. 211, Nov. 3, 1995, 109 Stat. 382;
    Pub. L. 105-384, title II, Sec. 201(a), Nov. 13, 1998, 112 Stat.
    3451; Pub. L. 107-372, title III, Sec. 305, Dec. 19, 2002, 116
    Stat. 3096; Pub. L. 109-479, title III, Sec. 302(i), Jan. 12, 2007,
    120 Stat. 3625.)


-MISC1-
                                AMENDMENTS                            
      2007 - Pub. L. 109-479 substituted "2012" for "2006".
      2002 - Pub. L. 107-372 substituted "2006" for "2001".
      1998 - Pub. L. 105-384 substituted "for each fiscal year through
    fiscal year 2001" for "for each of the fiscal years 1995, 1996,
    1997, and 1998".

-End-



-CITE-
    16 USC Sec. 5611                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 76 - NORTHWEST ATLANTIC FISHERIES CONVENTION

-HEAD-
    Sec. 5611. Annual report

-STATUTE-
      The Secretary shall annually report to the Congress on the
    activities of the Fisheries Commission, the General Council, the
    Scientific Council, and the consultative committee established
    under section 5607 of this title.

-SOURCE-
    (Pub. L. 104-43, title II, Sec. 212, as added Pub. L. 105-384,
    title II, Sec. 201(c), Nov. 13, 1998, 112 Stat. 3452.)

-End-



-CITE-
    16 USC Sec. 5612                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 76 - NORTHWEST ATLANTIC FISHERIES CONVENTION

-HEAD-
    Sec. 5612. Quota allocation practice

-STATUTE-
    (a) In general
      The Secretary of Commerce, acting through the Secretary of State,
    shall promptly seek to establish a new practice for allocating
    quotas under the Convention that - 
        (1) is predictable and transparent;
        (2) provides fishing opportunities for all members of the
      Organization; and
        (3) is consistent with the Straddling Fish Stocks Agreement.
    (b) Report
      The Secretary of Commerce shall include in annual reports under
    section 5611 of this title - 
        (1) a description of the results of negotiations held pursuant
      to subsection (a) of this section;
        (2) an identification of barriers to achieving such a new
      allocation practice; and
        (3) recommendations for any further legislation that is
      necessary to achieve such a new practice.
    (c) "Straddling Fish Stocks Agreement" defined
      In this section the term "Straddling Fish Stocks Agreement" means
    the United Nations Agreement for the Implementation of the
    Provisions of the United Nations Convention on the Law of the Sea
    of 10 December 1982 Relating to the Conservation and Management of
    Straddling Fish Stocks and Highly Migratory Fish Stocks.

-SOURCE-
    (Pub. L. 104-43, title II, Sec. 213, as added Pub. L. 105-384,
    title II, Sec. 201(d), Nov. 13, 1998, 112 Stat. 3452.)

-End-