dreamproit/uscode huggingface dataset:
16 U.S.C. § 5003 (CONSERVATION)
§ 5003. United States Commissioners
(a) Commissioners
The United States shall be represented on the Commission by not more than three United States Commissioners to be appointed by and serve at the pleasure of the President. Each United States Commissioner shall be appointed for a term of office not to exceed 4 years, but is eligible for reappointment. Individuals serving as such Commissioners shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28. Of the Commissioners—
(1) one shall be an official of the United States Government;
(2) one shall be a resident of the State of Alaska; and
(3) one shall be a resident of the State of Washington.
An individual is not eligible for appointment under paragraph (2) or (3) as a Commissioner unless the individual is knowledgeable or experienced concerning the anadromous stocks and ecologically related species of the North Pacific Ocean.
(b) Alternate Commissioners
The Secretary, in consultation with the Secretary of Commerce, may designate from time to time Alternate United States Commissioners to the Commission. An Alternate United States Commissioner may exercise all designated powers and duties of a United States Commissioner in the absence of a duly designated Commissioner for whatever reason. The number of such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of authorized United States Commissioners that will not be present.
(c) United States Section
The United States Section, in consultation with the Advisory Panel established in section 5004 of this title, shall identify and recommend to the Commission research needs and priorities for anadromous stocks and ecologically related species subject to the Convention, and oversee the United States research programs involving such fisheries, stocks, and species.
(d) Compensation
United States Commissioners and Alternate United States Commissioners shall receive no compensation for their services as Commissioners and Alternate Commissioners.
(Pub. L. 102–567, title VIII, § 804, Oct. 29, 1992, 106 Stat. 4310; Pub. L. 102–587, title VIII, § 8004, Nov. 4, 1992, 106 Stat. 5099; Pub. L. 106–562, title III, § 304, Dec. 23, 2000, 114 Stat. 2806.)
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
heading: Amendments
text: 2000—Subsec. (a). Pub. L. 106–562, § 304(b), inserted after second sentence “Individuals serving as such Commissioners shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28.”
16 U.S.C. § 5004 (CONSERVATION)
§ 5004. Advisory Panel
(a) Establishment of Panel
An Advisory Panel to the United States Section is established. The Advisory Panel shall be composed of the following:
(1) The Commissioner of the Alaska Department of Fish and Game.
(2) The Director of the Washington Department of Fisheries.
(3) One representative of the Pacific States Marine Fisheries Commission, designated by the Executive Director of that commission.
(4) Eleven members (six of whom shall be residents of the State of Alaska and five of whom shall be residents of the State of Washington), appointed by the Secretary, in consultation with the Secretary of Commerce, from among a slate of 12 persons nominated by the Governor of Alaska and a slate of 10 persons nominated by the Governor of Washington.
(b) Qualifications
Persons appointed to the Advisory Panel shall be individuals who are knowledgeable or experienced concerning anadromous stocks and ecologically related species. In submitting a slate of nominees pursuant to subsection (a)(4) of this section, the Governors of Alaska and Washington shall seek to represent the broad range of parties interested in anadromous stocks and ecologically related species, and at a minimum shall include on each slate at least one representative of commercial salmon fishing interests and of environmental interests concerned with protection of living marine resources.
(c) Limitation on service
Any person appointed to the Advisory Panel pursuant to subsection (a)(4) of this section shall serve for a term not to exceed 4 years, and may not serve more than two consecutive terms.
(d) Functions
The Advisory Panel shall be invited to all nonexecutive meetings of the United States Section and at such meetings shall be granted the opportunity to examine and to be heard on all proposed programs of study and investigation, reports, and recommendations of the United States Section.
(e) Compensation and expenses
The members of the Advisory Panel shall receive no compensation or travel expenses for their services as such members.
(Pub. L. 102–567, title VIII, § 805, Oct. 29, 1992, 106 Stat. 4311; Pub. L. 102–587, title VIII, § 8005, Nov. 4, 1992, 106 Stat. 5100; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
heading: Termination of Advisory Panels
text: Advisory panels 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 panel established by the President or an officer of the Federal Government, such panel is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a panel established by Congress, its duration is otherwise provided for by law, see sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 5005 (CONSERVATION)
§ 5005. Commission recommendations
The Secretary, with the concurrence of the Secretary of Commerce, may accept or reject, on behalf of the United States, recommendations made by the Commission in accordance with article IX of the Convention.
(Pub. L. 102–567, title VIII, § 806, Oct. 29, 1992, 106 Stat. 4311; Pub. L. 102–587, title VIII, § 8006, Nov. 4, 1992, 106 Stat. 5101; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
16 U.S.C. § 5006 (CONSERVATION)
§ 5006. Administration and enforcement of Convention
(a) Responsibilities
The Secretary of Commerce shall be responsible for administering provisions of the Convention, this chapter, and regulations issued under this chapter. The Secretary, in consultation with the Secretary of Commerce and the Secretary of Transportation, shall be responsible for coordinating the participation of the United States in the Commission.
(b) Consultation and cooperation
In carrying out such functions, the Secretary of Commerce—
(1) shall, in consultation with the Secretary of Transportation and the United States Section, issue such regulations as may be necessary to carry out the purposes and objectives of the Convention and this chapter; and
(2) may, with the concurrence of the Secretary, cooperate with the authorized officials of the government of any Party.
(Pub. L. 102–567, title VIII, § 807, Oct. 29, 1992, 106 Stat. 4311; Pub. L. 102–587, title VIII, § 8007, Nov. 4, 1992, 106 Stat. 5101; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
16 U.S.C. § 5007 (CONSERVATION)
§ 5007. Cooperation with other agencies
(a) In general
Any agency of the Federal Government is authorized, upon request of the Commission, to cooperate in the conduct of scientific and other programs, and to furnish, on a reimbursable basis, facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the Convention. Such agency may accept reimbursement from the Commission.
(b) Functions of Secretary of Commerce
In carrying out the provisions of the Convention and this chapter, the Secretary of Commerce may arrange for cooperation with agencies of the United States, the States, private institutions and organizations, and agencies of the government of any Party, to conduct scientific and other programs, and may execute such memoranda as may be necessary to reflect such agreements.
(Pub. L. 102–567, title VIII, § 808, Oct. 29, 1992, 106 Stat. 4312; Pub. L. 102–587, title VIII, § 8008, Nov. 4, 1992, 106 Stat. 5101; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
16 U.S.C. § 5009 (CONSERVATION)
§ 5009. Unlawful activities
It is unlawful for any person or fishing vessel subject to the jurisdiction of the United States—
(1) to fish for any anadromous fish in the Convention area;
(2) to retain on board any anadromous fish taken incidentally in a fishery directed at nonanadromous fish in the Convention area;
(3) to fail to return immediately to the sea any anadromous fish taken incidentally in a fishery directed at nonanadromous fish in the Convention area;
(4) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any anadromous fish taken or retained in violation of the Convention, this chapter, or any regulation issued under this chapter;
(5) to refuse to permit any enforcement officer to board a fishing vessel subject to such person’s control for purposes of conducting any search or inspection in connection with the enforcement of the Convention, this chapter, or any regulation issued under this chapter;
(6) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any enforcement officer in the conduct of any search or inspection described in paragraph (5);
(7) to resist a lawful arrest or detection for any act prohibited by this section;
(8) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing that such person has committed any act prohibited by this section; or
(9) to violate any provision of the Convention, this chapter, or any regulation issued under this chapter.
(Pub. L. 102–567, title VIII, § 810, Oct. 29, 1992, 106 Stat. 4313; Pub. L. 102–587, title VIII, § 8010, Nov. 4, 1992, 106 Stat. 5103; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted substantially identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
16 U.S.C. § 5011 (CONSERVATION)
§ 5011. Funding requirements
(a) Authorization
There are authorized to be appropriated from time to time such sums as may be necessary for carrying out the purposes and provisions of the Convention and this chapter, including—
(1) necessary travel expenses of the United States Commissioners or Alternate Commissioners; and
(2) the United States’ share of the joint expenses of the Commission.
(b) Research
Such funds as shall be made available to the Secretary of Commerce for research and related activities shall be expended to carry out the program of the Commission in accordance with the recommendations of the United States Section and to carry out other research and observer programs pursuant to the Convention.
(Pub. L. 102–567, title VIII, § 812, Oct. 29, 1992, 106 Stat. 4316; Pub. L. 102–587, title VIII, § 8012, Nov. 4, 1992, 106 Stat. 5105; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted substantially identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
16 U.S.C. § 5012 (CONSERVATION)
§ 5012. Disposition of property
The Secretary shall dispose of any United States property held by the International North Pacific Fisheries Commission on the date of its termination in a manner that would further the purposes of this chapter.
(Pub. L. 102–567, title VIII, § 813, Oct. 29, 1992, 106 Stat. 4316; Pub. L. 102–587, title VIII, § 8013, Nov. 4, 1992, 106 Stat. 5106; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)
heading: Codification
text: Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
16 U.S.C. § 5103 (CONSERVATION)
§ 5103. State-Federal cooperation in Atlantic coastal fishery management
(a) Federal support for State coastal fisheries programs
The Secretary in cooperation with the Secretary of the Interior shall develop and implement a program to support the interstate fishery management efforts of the Commission. The program shall include activities to support and enhance State cooperation in collection, management, and analysis of fishery data; law enforcement; habitat conservation; fishery research, including biological and socioeconomic research; and fishery management planning.
(b) Federal regulation in exclusive economic zone
(1) In the absence of an approved and implemented fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and after consultation with the appropriate Councils, the Secretary may implement regulations to govern fishing in the exclusive economic zone that are—
(A) compatible with the effective implementation of a coastal fishery management plan; and
(B) consistent with the national standards set forth in section 301 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851).
The regulations may include measures recommended by the Commission to the Secretary that are necessary to support the provisions of the coastal fishery management plan. Regulations issued by the Secretary to implement an approved fishery management plan prepared by the appropriate Councils or the Secretary under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) shall supersede any conflicting regulations issued by the Secretary under this subsection.
(2) The provisions of sections 307, 308, 309, 310, and 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861) regarding prohibited acts, civil penalties, criminal offenses, civil forfeitures, and enforcement shall apply with respect to regulations issued under this subsection as if such regulations were issued under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(Pub. L. 103–206, title VIII, § 804, Dec. 20, 1993, 107 Stat. 2449; Pub. L. 104–297, title IV, § 404(b), Oct. 11, 1996, 110 Stat. 3619; Pub. L. 106–555, title I, § 122(b)(3), Dec. 21, 2000, 114 Stat. 2766.)
heading: References in Text
text: The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, as amended, which is classified principally to chapter 38 (§ 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.
heading: Amendments
text: 2000—Subsec. (b). Pub. L. 106–555 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery” wherever appearing.
1996—Subsec. (b)(1)(A). Pub. L. 104–297 substituted “compatible with” for “necessary to support”.
16 U.S.C. § 5104 (CONSERVATION)
§ 5104. State implementation of coastal fishery management plans
(a) Coastal fishery management plans
(1) The Commission shall prepare and adopt coastal fishery management plans to provide for the conservation of coastal fishery resources. In preparing a coastal fishery management plan for a fishery that is located in both State waters and the exclusive economic zone, the Commission shall consult with appropriate Councils to determine areas where such coastal fishery management plan may complement Council fishery management plans. The coastal fishery management plan shall specify the requirements necessary for States to be in compliance with the plan. Upon adoption of a coastal fishery management plan, the Commission shall identify each State that is required to implement and enforce that plan.
(2) Within 1 year after December 20, 1993, the Commission shall establish standards and procedures to govern the preparation of coastal fishery management plans under this chapter, including standards and procedures to ensure that—
(A) such plans promote the conservation of fish stocks throughout their ranges and are based on the best scientific information available; and
(B) the Commission provides adequate opportunity for public participation in the plan preparation process, including at least four public hearings and procedures for the submission of written comments to the Commission.
(b) State implementation and enforcement
(1) Each State identified under subsection (a) of this section with respect to a coastal fishery management plan shall implement and enforce the measures of such plan within the timeframe established in the plan.
(2) Within 90 days after December 20, 1993, the Commission shall establish a schedule of timeframes within which States shall implement and enforce the measures of coastal fishery management plans in existence before December 20, 1993. No such timeframe shall exceed 12 months after the date on which the schedule is adopted.
(c) Commission monitoring of State implementation and enforcement
The Commission shall, at least annually, review each State’s implementation and enforcement of coastal fishery management plans for the purpose of determining whether such State is effectively implementing and enforcing each such plan. Upon completion of such reviews, the Commission shall report the results of the reviews to the Secretaries.
(Pub. L. 103–206, title VIII, § 805, Dec. 20, 1993, 107 Stat. 2450.)
16 U.S.C. § 5105 (CONSERVATION)
§ 5105. State noncompliance with coastal fishery management plans
(a) Noncompliance determination
The Commission shall determine that a State is not in compliance with the provisions of a coastal fishery management plan if it finds that the State has not implemented and enforced such plan within the timeframes established under the plan or under section 5104 of this title.
(b) Notification
Upon making any determination under subsection (a) of this section, the Commission shall within 10 working days notify the Secretaries of such determination. Such notification shall include the reasons for making the determination and an explicit list of actions that the affected State must take to comply with the coastal fishery management plan. The Commission shall provide a copy of the notification to the affected State.
(c) Withdrawal of noncompliance determination
After making a determination under subsection (a) of this section, the Commission shall continue to monitor State implementation and enforcement. Upon finding that a State has complied with the actions required under subsection (b) of this section, the Commission shall immediately withdraw its determination of noncompliance. The Commission shall promptly notify the Secretaries of such withdrawal.
(Pub. L. 103–206, title VIII, § 806, Dec. 20, 1993, 107 Stat. 2451.)
16 U.S.C. § 5107 (CONSERVATION)
§ 5107. Financial assistance
The Secretary and the Secretary of the Interior may provide financial assistance to the Commission and to the States to carry out their respective responsibilities under this chapter, including—
(1) the preparation, implementation, and enforcement of coastal fishery management plans; and
(2) State activities that are specifically required within such plans.
(Pub. L. 103–206, title VIII, § 808, Dec. 20, 1993, 107 Stat. 2453.)
heading: Reports
text: Pub. L. 106–555, title I, § 122(c), Dec. 21, 2000, 114 Stat. 2766, provided that:
“(1) Annual report to the Secretary.—
The Secretary shall require, as a condition of providing financial assistance under this subtitle [subtitle B (§§ 121, 122) of title I of Pub. L. 106–555, amending sections 5101 to 5103, 5106, and 5107a to 5108 of this title and enacting provisions set out as a note under section 5101 of this title], that the Commission and each State receiving such assistance submit to the Secretary an annual report that provides a detailed accounting of the use of the assistance.
“(2) Biennial reports to the Congress.—
The Secretary shall submit biennial reports to the Committee on Resources [now Committee on Natural Resources] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the use of Federal assistance provided to the Commission and the States under this subtitle. Each biennial report shall evaluate the success of such assistance in implementing this subtitle.”
16 U.S.C. § 5107a (CONSERVATION)
§ 5107a. State permits valid in certain waters
(a) Permits
Notwithstanding any provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), this chapter, or any requirement of a fishery management plan or coastal fishery management plan to the contrary, a person holding a valid license issued by the State of Maine which lawfully permits that person to engage in commercial fishing for American lobster may, with the approval of the State of Maine, engage in commercial fishing for American lobster in the following areas designated as Federal waters, if such fishing is conducted in such waters in accordance with all other applicable Federal and State regulations:
(1) west of Monhegan Island in the area located north of the line 43° 42′ 08′′ N, 69° 34′ 18′′ W and 43° 42′ 15′′ N, 69° 19′ 18′′ W;
(2) east of Monhegan Island in the area located west of the line 43° 44′ 00′′ N, 69° 15′ 05′′ W and 43° 48′ 10′′ N, 69° 08′ 01′′ W;
(3) south of Vinalhaven in the area located west of the line 43° 52′ 21′′ N, 68° 39′ 54′′ W and 43° 48′ 10′′ N, 69° 08′ 01′′ W; and
(4) south of Bois Bubert Island in the area located north of the line 44° 19′ 15′′ N, 67° 49′ 30′′ W and 44° 23′ 45′′ N, 67° 40′ 33′′ W.
(b) Enforcement
The exemption from Federal fishery permitting requirements granted by subsection (a) of this section may be revoked or suspended by the Secretary in accordance with section 308(g) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858(g)) for violations of such Act or this chapter.
(Pub. L. 103–206, title VIII, § 809, as added Pub. L. 104–297, title IV, § 404(c), Oct. 11, 1996, 110 Stat. 3619; amended Pub. L. 106–555, title I, § 122(b)(3), Dec. 21, 2000, 114 Stat. 2766.)
heading: References in Text
text: The Magnuson-Stevens Fishery Conservation and Management Act, referred to in text, is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, as amended, which is classified principally to chapter 38 (§ 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.
This chapter, referred to in subsec. (b), was in the original “this Act”, and was translated as reading “this title”, meaning title VIII of Pub. L. 103–206, Dec. 20, 1993, 107 Stat. 2447, which is classified principally to this chapter. For complete classification of title VIII to the Code, see Short Title note set out under section 5101 of this title and Tables.
heading: Prior Provisions
text: A prior section 809 of Pub. L. 103–206 was renumbered section 811, and is classified to section 5108 of this title.
heading: Amendments
text: 2000—Subsecs. (a), (b). Pub. L. 106–555 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.