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(b) ENFORCEMENT.—The exemption from Federal fishery permitting requirements granted by subsection (a) 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 Act. SEC. 810. TRANSITION TO MANAGEMENT OF AMERICAN LOBSTER
FISHERY BY COMMISSION. (a) TEMPORARY LIMITS.—Notwithstanding any other provision of this Act or of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), if no regulations have been issued under section 804(b) of this Act by December 31, 1997, to implement a coastal fishery management plan for American lobster, then the Secretary shall issue interim regulations before March 1, 1998, that will prohibit any vessel that takes lobsters in the exclusive economic zone by a method other than pots or traps from landing lobsters (or any parts thereof) at any location within the United States in excess of
(1) 100 lobsters (or parts thereof) for each fishing trip of 24 hours or less duration (up to a maximum of 500 lobsters, or parts thereof, during any 5-day period); or
(2) 500 lobsters (or parts thereof) for a fishing trip of 5 days or longer.
(b) SECRETARY TO MONITOR LANDINGS.-Before January 1, 1998, the Secretary shall monitor, on a timely basis, landings of American lobster, and, if the Secretary determines that catches from vessels that take lobsters in the exclusive economic zone by a method other than pots or traps have increased significantly, then the Secretary may, consistent with the national standards in section 301 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801), and after opportunity for public comment and consultation with the Atlantic States Marine Fisheries Commission, implement regulations under section 804(b) of this Act that are necessary for the conservation of American lob
(c) REGULATIONS TO REMAIN IN EFFECT UNTIL PLAN IMPLEMENTED.-Regulations issued under subsection (a) or (b) shall remain in effect until the Secretary implements regulations under section 804(b) of this Act to implement a coastal fishery management plan for American lobster. SEC. 811. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—To carry out this title, there are authorized to be appropriated $10,000,000 for each of fiscal years 2001 through 2005.
(b) COOPERATIVE STATISTICS PROGRAM.-Amounts authorized under subsection (a) may be used by the Secretary to support the Commission's cooperative statistics program.
NORTHWEST ATLANTIC FISHERIES CONVENTION ACT
[Public Law 104-43; Approved Nov. 3, 1995; 109 Stat. 377)
(Amended through Public Law 105–384, Nov. 13, 1988)
TITLE II—IMPLEMENTATION OF CONVENTION ON FUTURE
MULTILATERAL COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES
SEC. 201. (16 U.S.C. 5601 note) SHORT TITLE.
This title may be cited as the "Northwest Atlantic Fisheries Convention Act of 1995". SEC. 202. (16 U.S.C. 5601) REPRESENTATION OF UNITED STATES
UNDER CONVENTION. (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.
(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 302 of the Magnuson Act (16 U.S.C. 1852); and
(B) consult with the committee established under section 208.
(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.