Legislation on Foreign Relations Through ...

Sec. 14.24 No 1 against any war and used, for th service.

Sec. 15.25 TI manner consist international 1: Act may be int duty, privilege any remedy ot Sec. 16.27 7 tions which h implementati Sec. 17.28 to the Secre Act.

Sec. 18.29 or upon the States, whi

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Sec. 3.5 The United States shall be represented == missions by a total of not more than four United S sioners, who shall be appointed by the President during his pleasure, and receive no compensation fr as such Commissioners. Of such Commissioners

(a) not more than one shall be a person res than in a State whose vessels maintain a subs in the areas of the conventions;

(b) at least one of the Commissioners who are residents shall be a person chosen from the public who is not a salaried employee of a State or of Government;

(d)7 at least one shall be chosen from a nong conservation organization.

Sec. 4.8 The United States Commissioners shall (a advisory committee which shall be composed of not less nor more than fifteen persons who shall be selected fro ious groups participating in the fisheries included unde ventions, and from nongovernmental conservation orga and (b) shall fix the terms of office of the members of suc tee, who shall receive no compensation for their service members. The advisory committee shall be invited to nonexecutive meetings of the United States sections ar given full opportunity to examine and to be heard on a programs of investigation, reports, recommendations, a tions of the commissions. The advisory committee may meetings of the international commissions to which th vited by such commissions.

Sec. 5.10*** [Repealed-1972]

Sec. 6.11 (a) The Secretary of State is authorized to disapprove, on behalf of the United States Governmen and rules, or amendments thereof, adopted by each comm submitted for approval of the United States Government ance with the provisions of the conventions, and, with th rence of the Secretary of the Interior, 12 to approve or d the general annual programs of the commissions. The Se State is further authorized to receive, on behalf of th States Government, reports, requests, recommendations, a

*In a transfer of fanctions pursuant to Reorganization Plan No. 4 of 1970 (35 F. Stat. 2090) effective October 3, 1970, "Department of Commerce" has been subst of "United States Fish and Wildlife Service" in the United States Code. Sat 3438) struck "and" at the end of subsec. (b); struck a period at the end of sub See. 3(a)(1) of the International Dolphin Conservation Act of 1992 (Public Law 1

served and in lien thereof and added subsec. (d).

*Sec. 3(a)(2) of the International Dolphin Conservation Act of 1992 (Public Law 10 Stat. 3433) inserted and from nongovernmental conservation organizations," after 1 Formerly at 18 USC. 954. Repealed by Public Law 92-471 (86 Stat. 784).

In a transfer of functions pursuant to Reorganization Plan No. 4 of 1970 (35 F 84 Stat. 2090), effective October 3, 1970, "Secretary of Commerce" was substituted 1 "Secretary of the Interior" in the United States Code. In this Act, Public Law 87-814 su

"Secretary of the Interior" for "head of the enforcement agency".

s of the commissions, and to take appropriate action directly or by reference to the appropriate authority. ons recommended by each commission pursuant to n requiring the submission to the commission of rations by boat captains or other persons who particisheries covered by the convention, upon the concurof the Secretary of State and the Secretary of the Inbe promulgated by the latter and upon publication in Register, shall be applicable to all vessels and persons jurisdiction of the United States.

Pilations required to carry out recommendations of the made pursuant to paragraph 5 of article II of the Conhe Establishment of an Inter-American Tropical Tuna ab shall be promulgated as hereinafter provided by the the Interior 14 upon approval of such recommendations retary of State and the Secretary of the Interior. 14 The f the Interior 14 shall cause to be published in the Feder a general notice of proposed rulemaking and shall afsted persons an opportunity to participate in the rulerough (1) submission of written data, views, or argu1 (2) oral presentation at a public hearing. Such regulabe published in the Federal Register and shall be acby a statement of the considerations involved in the isthe regulations. After publication in the Federal Register lations shall be applicable to all vessels and persons subjurisdiction of the United States on such date as the Secthe Interior 14 shall prescribe, but in no event prior to an ate for the application by all countries whose vessels enishing for species covered by the convention in the reguea on a meaningful scale, in terms of effect upon the sucne conservation program, of effective measures for the imation of the commission's recommendations applicable to ls and persons subject to their respective jurisdictions. The y of the Interior 14 shall suspend at any time the applicaany such regulations when, after consultation with the Secof State and the United States Commissioners, he deterthat foreign fishing operations in the regulatory area are to constitute a serious threat to the achievement of the obof the commission's recommendations. The regulations thus Igated may include the selection for regulation of one or of the species covered by the convention; the division of the tion waters into areas; the establishment of one or more or closed seasons as to each area; the limitation of the size fish and quantity of the catch which may be taken from each within any season during which fishing is allowed; the limitaor prohibition of the incidental catch of a regulated species may be retained, taken, possessed, or landed by vessels or ns fishing for other species of fish; the requiring of such clearcertificates for vessels as may be necessary to carry out the oses of the convention and this Act; and such other measures

blic Law 87-814, added subsec. (c).

a transfer of functions pursuant to Reorganization Plan No. 4 of 1970 (35 F.R. 15627; t. 2090), effective October 3, 1970, "Secretary of Commerce" was substituted in lieu of ary of the Interior" in the United States Code.

Sec. 3.5 The United States shall be represented on the two commissions by a total of not more than four United States Commissioners, who shall be appointed by the President, serve as such during his pleasure, and receive no compensation for their services as such Commissioners. Of such Commissioners

(a) not more than one shall be a person residing elsewhere than in a State whose vessels maintain a substantial fishery in the areas of the conventions;

(b) at least one of the Commissioners who are such legal residents shall be a person chosen from the public at large, and who is not a salaried employee of a State or of the Federal Government;

(d) at least one shall be chosen from a nongovernmental conservation organization.

Sec. 4.8 The United States Commissioners shall (a) appoint an advisory committee which shall be composed of not less than five nor more than fifteen persons who shall be selected from the various groups participating in the fisheries included under the conventions, and from nongovernmental conservation organizations,9 and (b) shall fix the terms of office of the members of such committee, who shall receive no compensation for their services as such members. The advisory committee shall be invited to attend all nonexecutive meetings of the United States sections and shall be given full opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the commissions. The advisory committee may attend all meetings of the international commissions to which they are invited by such commissions.

Sec. 5.10 *** [Repealed-1972]

Sec. 6.11 (a) The Secretary of State is authorized to approve or disapprove, on behalf of the United States Government, bylaws, and rules, or amendments thereof, adopted by each commission and submitted for approval of the United States Government in accordance with the provisions of the conventions, and, with the concurrence of the Secretary of the Interior,12 to approve or disapprove the general annual programs of the commissions. The Secretary of State is further authorized to receive, on behalf of the United States Government, reports, requests, recommendations, and other

16 U.S.C. 952.

In a transfer of functions pursuant to Reorganization Plan No. 4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970, "Department of Commerce" has been substituted in lieu of "United States Fish and Wildlife Service" in the United States Code.

7 Sec. 3(a)(1) of the International Dolphin Conservation Act of 1992 (Public Law 102-523; 106 Stat. 3433), struck "and" at the end of subsec. (b); struck a period at the end of subsec. (c), and inserted "; and" in lieu thereof; and added subsec. (d).

816 U.S.C. 953.

Sec. 3(a)(2) of the International Dolphin Conservation Act of 1992 (Public Law 102-523; 106 Stat. 3433) inserted "and from nongovernmental conservation organizations," after "under the conventions,".

10 Formerly at 16 U.S.C. 954. Repealed by Public Law 92-471 (86 Stat. 784).

11 16 U.S.Č. 955.

12 In a transfer of functions pursuant to Reorganization Plan No. 4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970, "Secretary of Commerce" was substituted in lieu of "Secretary of the Interior" in the United States Code. In this Act, Public Law 87-814 substituted "Secretary of the Interior" for "head of the enforcement agency".

communications of the commissions, and to take appropriate action thereon either directly or by reference to the appropriate authority. (b) Regulations recommended by each commission pursuant to the convention requiring the submission to the commission of records of operations by boat captains or other persons who participate in the fisheries covered by the convention, upon the concurrent approval of the Secretary of State and the Secretary of the Interior, 12 shall be promulgated by the latter and upon publication in the Federal Register, shall be applicable to all vessels and persons subject to the jurisdiction of the United States.

(c) 13 Regulations required to carry out recommendations of the commission made pursuant to paragraph 5 of article II of the Convention for the Establishment of an Inter-American Tropical Tuna Commission shall be promulgated as hereinafter provided by the Secretary of the Interior 14 upon approval of such recommendations by the Secretary of State and the Secretary of the Interior. 14 The Secretary of the Interior 14 shall cause to be published in the Federal Register a general notice of proposed rulemaking and shall afford interested persons an opportunity to participate in the rulemaking through (1) submission of written data, views, or arguments, and (2) oral presentation at a public hearing. Such regulations shall be published in the Federal Register and shall be accompanied by a statement of the considerations involved in the issuance of the regulations. After publication in the Federal Register such regulations shall be applicable to all vessels and persons subject to the jurisdiction of the United States on such date as the Secretary of the Interior 14 shall prescribe, but in no event prior to an agreed date for the application by all countries whose vessels engage in fishing for species covered by the convention in the regulatory area on a meaningful scale, in terms of effect upon the success of the conservation program, of effective measures for the implementation of the commission's recommendations applicable to all vessels and persons subject to their respective jurisdictions. The Secretary of the Interior 14 shall suspend at any time the application of any such regulations when, after consultation with the Secretary of State and the United States Commissioners, he determines that foreign fishing operations in the regulatory area are such as to constitute a serious threat to the achievement of the objectives of the commission's recommendations. The regulations thus promulgated may include the selection for regulation of one or more of the species covered by the convention; the division of the convention waters into areas; the establishment of one or more open or closed seasons as to each area; the limitation of the size of the fish and quantity of the catch which may be taken from each area within any season during which fishing is allowed; the limitation or prohibition of the incidental catch of a regulated species which may be retained, taken, possessed, or landed by vessels or persons fishing for other species of fish; the requiring of such clearance certificates for vessels as may be necessary to carry out the purposes of the convention and this Act; and such other measures

13 Public Law 87-814, added subsec. (c).

14 In a transfer of functions pursuant to Reorganization Plan No. 4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970, "Secretary of Commerce" was substituted in lieu of "Secretary of the Interior" in the United States Code.

(a) not more than one shall be a person residing elsewhere than in a State whose vessels maintain a substantial fishery in the areas of the conventions;

(b) at least one of the Commissioners who are such legal residents shall be a person chosen from the public at large, and who is not a salaried employee of a State or of the Federal Government;

(d) at least one shall be chosen from a nongovernmental conservation organization.

Sec. 4.8 The United States Commissioners shall (a) appoint an advisory committee which shall be composed of not less than five nor more than fifteen persons who shall be selected from the various groups participating in the fisheries included under the conventions, and from nongovernmental conservation organizations, and (b) shall fix the terms of office of the members of such committee, who shall receive no compensation for their services as such members. The advisory committee shall be invited to attend all nonexecutive meetings of the United States sections and shall be given full opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the commissions. The advisory committee may attend all meetings of the international commissions to which they are invited by such commissions.

Sec. 5.10*** [Repealed-1972]

Sec. 6.11 (a) The Secretary of State is authorized to approve or disapprove, on behalf of the United States Government, bylaws, and rules, or amendments thereof, adopted by each commission and submitted for approval of the United States Government in accordance with the provisions of the conventions, and, with the concurrence of the Secretary of the Interior, 12 to approve or disapprove the general annual programs of the commissions. The Secretary of State is further authorized to receive, on behalf of the United States Government, reports, requests, recommendations, and other

616 U.S.C. 952.

7 Sec. 3(aX1) of the International Dolphin Conservation Act of 1992 (Public Law 102-523; 106 Stat. 3433), struck "and" at the end of subsec. (b); struck a period at the end of subsec. (c), and inserted "; and" in lieu thereof; and added subsec. (d).

816 U.S.C. 953.

* Sec. 3(a)(2) of the International Dolphin Conservation Act of 1992 (Public Law 102-523; 106 +3433) inserted "and from nongovernmental conservation organizations," after "under the tentions,".

Formerly at 16 U.S.C. 954. Repealed by Public Law 92-471 (86 Stat. 784).

16 U.S.Č. 955.

In a transfer of functions pursuant to Reorganization Plan No. 4 of 1970 (35 F.R. 15627; Stat 2090), effective October 3, 1970, "Secretary of Commerce" was substituted in lieu of of the Interior" in the United States Code. In this Act, Public Law 87-814 substituted The Interior" for "head of the enforcement agency".

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