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LegalText 16 U.S.C. § 5601 Representation of United States under Convention us united_states_code code_section 16 CONSERVATION 76 NORTHWEST ATLANTIC FISHERIES CONVENTION 5601 16 U.S.C. § 5601 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip /us/usc/t16/s5601 data/legal/raw/us/code/title-16/usc16.xml 501a96e349dd89856805665c5e9d568c03c03f9ca15c4c931e3c49e5d639a683 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 e1a8412b2a55d10183418e75b69b7ca8fb8a5cda58d8aa9bc5f7b71b85450ac5 2026-07-04 official
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16 U.S.C. § 5601 - Representation of United States under Convention

Text

(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 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, 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.

(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, 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.

(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 Chapter 10 of title 5 shall not apply to coordination and consultations under this subsection.

(Pub. L. 10443, title II, § 202, Nov. 3, 1995, 109 Stat. 377; Pub. L. 114327, title V, § 502, Dec. 16, 2016, 130 Stat. 1995; Pub. L. 117286, § 4(a)(124), Dec. 27, 2022, 136 Stat. 4319.)

Notes

Editorial Notes

Amendments2022—Subsec. (f)(2). Pub. L. 117286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”. 2016—Subsec. (a)(1). Pub. L. 114327, § 502(1), in introductory provisions, struck out “General Council and the Fisheries” before “Commission”. Subsec. (b)(1). Pub. L. 114327, § 502(2), struck out “at a meeting of the General Council or the Fisheries Commission” after “appointed Commissioner”. Subsec. (b)(2). Pub. L. 114327, § 502(3), struck out “, at any meeting of the General Council or the Fisheries Commission for which the Alternate Commissioner is designated” before period at end. Subsec. (d)(1). Pub. L. 114327, § 502(4), struck out “at a meeting of the Scientific Council” after “appointed Representative”. Subsec. (d)(2). Pub. L. 114327, § 502(5), struck out “, at any meeting of the Scientific Council for which the Alternate Representative is designated” before period at end. Subsec. (f)(1)(A). Pub. L. 114327, § 502(6), made technical amendment to reference in original act which appears in text as reference to section 1852 of this title.

Statutory Notes and Related Subsidiaries

Short Title of 2016 AmendmentPub. L. 114327, title V, § 501(a), Dec. 16, 2016, 130 Stat. 1995, provided that: “This title [amending this section and sections 5602 to 5604, 5606, 5607, 5609, and 5610 of this title and repealing section 5612 of this title] may be cited as the Northwest Atlantic Fisheries Convention Amendments Act.”

Short TitlePub. L. 10443, title II, § 201, Nov. 3, 1995, 109 Stat. 377, provided that: “This title [enacting this chapter] may be cited as the Northwest Atlantic Fisheries Convention Act of 1995.”