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16 U.S.C. § 953General Advisory Committee and Scientific Advisory Subcommittee

submitted 76 years ago by ch. 907 to r/title-16-CONSERVATION · 827 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section establishes advisory bodies for the Commission and describes their membership, duties, and participation in meetings.

(a) General Advisory Committee. (1)(A) After consulting the Secretary of State, the Secretary must appoint no more than 25 people representing groups concerned with Convention fisheries, including nongovernmental conservation organizations, with the most practical equal balance among groups. Members may join the United States delegation and working groups as Commission rules and delegation space allow. (B) The chairs of the Pacific Fishery Management Council’s Highly Migratory Fisheries Advisory Subpanel and the Western Pacific Fishery Management Council’s Advisory Committee are ex officio members because of their Council positions. (C) Members serve three-year terms and may be reappointed. (D) The Committee must be invited to all nonexecutive meetings of the United States delegation and may examine and speak about proposed Commission investigations, reports, recommendations, and regulations. (E) The Committee sets its organization and procedures under this chapter, the Magnuson-Stevens Act, and the Convention, and must publish them. Except in executive session, its meetings are public, with timely public notice. Chapter 10 of title 5 does not apply. (2) The Secretary and Secretary of State must provide relevant fisheries and international fishery-agreement information. (3)(A) The Secretary must timely provide administrative and technical support needed for effective functioning. (B) Members serve without pay, but while away from home or their regular business location for meetings they receive travel expenses, including per diem instead of subsistence, like intermittent Government employees under section 5703 of title 5. They are not Federal employees except for injury compensation and tort-claims liability under chapter 81 of title 5 and chapter 171 of title 28. (b) Scientific Advisory Subcommittee. (1) After consulting the Secretary of State, the Secretary must appoint 5 to 15 qualified scientists with balanced public and private representation, including nongovernmental conservation organizations. (2)(A) The Subcommittee advises the Committee and Commissioners about ecosystem conservation, sustainable use of living marine resources related to the eastern Pacific tuna fishery, and long-term conservation and management of living marine-resource stocks in the eastern tropical Pacific. (B) At the request of the Committee, Commissioners, or Secretary, it performs functions and gives assistance required by United States agreements for this fishery, including the International Dolphin Conservation Program. This may include (i) reviewing Program data, including Commission data; (ii) recommending and coordinating research about ecosystems, fishing practices, and gear technology, including selective, environmentally safe, cost-effective gear; (iii) recommending and participating in required scientific reviews and assessments; (iv) consulting other experts; and (v) recommending regular, timely, complete data exchange among Program parties and each nation’s National Scientific Advisory Committee or equivalent. (3) The Subcommittee must be invited to send representatives to all nonexecutive meetings of the United States sections and Committee, with full opportunity to examine and speak about proposed scientific investigations, reports, and recommendations of the Commission. Its representatives may attend Commission meetings under Commission rules.
the actual law source: uscode.house.gov ↗public domain
(a) General Advisory Committee
(1) Appointments; public participation; compensation
(A)

The Secretary, in consultation with the Secretary of State, shall appoint a General Advisory Committee which shall consist of not more than 25 individuals who shall be representative of the various groups concerned with the fisheries covered by the Convention, including nongovernmental conservation organizations, providing to the maximum extent practicable an equitable balance among such groups. Members of the General Advisory Committee will be eligible to participate as members of the United States delegation to the Commission and its working groups to the extent the Commission rules and space for delegations allow.

(B)

The chair of the Pacific Fishery Management Council’s Advisory Subpanel for Highly Migratory Fisheries and the chair of the Western Pacific Fishery Management Council’s Advisory Committee shall be ex-officio members of the General Advisory Committee by virtue of their positions in those Councils.

(C)

Each member of the General Advisory Committee appointed under subparagraph (A) shall serve for a term of 3 years and is eligible for reappointment.

(D)

The General Advisory Committee shall be invited to attend all non-executive meetings of the United States delegation 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.

(E)

The General 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 General Advisory Committee shall publish and make available to the public a statement of its organization, practices, and procedures. Meetings of the General Advisory Committee, except when in executive session, shall be open to the public, and prior notice of meetings shall be made public in timely fashion. The General Advisory Committee shall not be subject to chapter 10 of title 5.

(2) Information sharing

The Secretary and the Secretary of State shall furnish the General Advisory Committee with relevant information concerning fisheries and international fishery agreements.

(3) Administrative matters
(A)

The Secretary shall provide to the General Advisory Committee in a timely manner such administrative and technical support services as are necessary for its effective functioning.

(B)

Individuals appointed to serve as a member of the General Advisory Committee—

(i)

shall serve without pay, but while away from their homes or regular places of business to attend meetings of the General Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5; and

(ii)

shall not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28.

(b) Scientific Advisory Subcommittee
(1)

The Secretary, in consultation with the Secretary of State, shall appoint a Scientific Advisory Subcommittee of not less than 5 nor more than 15 qualified scientists with balanced representation from the public and private sectors, including nongovernmental conservation organizations.

(2)Scientific Advisory Subcommittee.—
(A)Advice.—

The Scientific Advisory Subcommittee shall advise the General Advisory Committee and the Commissioners on matters including—

(i)

the conservation of ecosystems;

(ii)

the sustainable uses of living marine resources related to the tuna fishery in the eastern Pacific Ocean; and

(iii)

the long-term conservation and management of stocks of living marine resources in the eastern tropical Pacific Ocean.

(B)Other functions and assistance.—

The Scientific Advisory Subcommittee shall, as requested by the General Advisory Committee, the United States Commissioners, or the Secretary, perform functions and provide assistance required by formal agreements entered into by the United States for this fishery, including the International Dolphin Conservation Program. These functions may include—

(i)

the review of data from the Program, including data received from the Inter-American Tropical Tuna Commission;

(ii)

recommendations on research needs, including ecosystems, fishing practices, and gear technology research, including the development and use of selective, environmentally safe and cost-effective fishing gear, and on the coordination and facilitation of such research;

(iii)

recommendations concerning scientific reviews and assessments required under the Program and engaging, as appropriate, in such reviews and assessments;

(iv)

consulting with other experts as needed; and

(v)

recommending measures to assure the regular and timely full exchange of data among the parties to the Program and each nation’s National Scientific Advisory Committee (or its equivalent).

(3)Attendance at meetings.—

The Scientific Advisory Subcommittee shall be invited to have representatives attend all nonexecutive meetings of the United States sections and the General Advisory Committee and shall be given full opportunity to examine and to be heard on all proposed programs of scientific investigation, scientific reports, and scientific recommendations of the commission. Representatives of the Scientific Advisory Subcommittee may attend meetings of the Inter-American Tropical Tuna Commission in accordance with the rules of such Commission.

Source credit: (Sept. 7, 1950, ch. 907, § 4, 64 Stat. 778; Pub. L. 102–523, § 3(a)(2), Oct. 26, 1992, 106 Stat. 3433; Pub. L. 105–42, § 7(b), Aug. 15, 1997, 111 Stat. 1137; Pub. L. 114–81, title II, § 205, Nov. 5, 2015, 129 Stat. 661; Pub. L. 117–286, § 4(a)(105), Dec. 27, 2022, 136 Stat. 4317.)

history & why it existsrecord from the source credit
  • 1950Enacted · Act of Sept. 7, 1950, ch. 907 · 64 Stat. 778
  • 1992Amended · Pub. L. 102-523 · 106 Stat. 3433
  • 1997Amended · Pub. L. 105-42 · 111 Stat. 1137
  • 2015Amended · Pub. L. 114-81 · 129 Stat. 661
  • 2022Amended · Pub. L. 117-286 · 136 Stat. 4317

A history note hasn’t been published yet. The record shows enactment by ch. 907 on 1950-09-07.

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