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ATLANTIC SALMON CONVENTION ACT OF 1982

ATLANTIC SALMON CONVENTION ACT OF 1982

[Title III of Public Law 97-389, Approved Dec. 29, 1982, 96 Stat. 1951)

(Amended through Public Law 98–44, July 12, 1983)

AN ACT To amend the Commercial Fisheries Research and Development Act of

1964.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

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TITLE III—NORTH ATLANTIC SALMON TREATY SEC. 301. (16 U.S.C. 3601 note) This title may be cited as the "Atlantic Salmon Convention Act of 1982". SEC. 302. (16 U.S.C. 3601] As used in this title, the term

(1) “Act of 1976” means the Act entitled “An Act to provide for the conservation and management of the fisheries, and for other purposes”, approved April 13, 1976 1 (16 U.S.C. 1801 et seq.);

(2) “Commission” means any of the Commissions of the Organization that are established by the Convention;

(3) “Commissioner" means a United States Commissioner appointed under section 403 of this title;

(4) “Convention” means the Convention for the Conservation of Salmon in the North Atlantic Ocean, signed at Reykjavik, Iceland, on March 2, 1982;

(5) "Council” means the Council established by the Convention;

(6) "fishing” has the same meaning as such term has in section 3(10) of the Act of 1976 1 (16 U.S.C. 1802(10));

(7) "Organization" means the North Atlantic Salmon Conservation Organization established under the Convention;

(8) “person” has the same meaning as such term has in section 3(19) of the Act of 1976 1 (16 U.S.C. 1802(19)); and

(9) “salmon” means all species of salmon which migrate in or into the waters of the Atlantic Ocean north of 36 degrees north latitude.

SEC. 303. (16 U.S.C. 3602] (a) The United States shall be represented on the Council and Commissions by three United States Commissioners to be appointed by the President to serve at his pleasure. Of such Commissioners, one shall be an official of the United States Government, and two shall be individuals (not officials of the United States Government) who are knowledgeable or experienced concerning the conservation and management of salmon of United States origin.

1 For short title of such Act as the “Magnuson-Stevens Fishery Conservation and Management Act”, see the first section of such Act (16 U.S.C. 1801 note).

(b) The Secretary of State, in consultation with the Secretary of Commerce and the Secretary of the Interior, may designate alternate United States Commissioners. In the absence of a Commissioner appointed under subsection (a) of this section, an alternate Commissioner may exercise at any meeting of the Organization, the Council, or any Commission all functions of such Commissioner.

(c) Individuals who serve as Commissioners and alternate Commissioners shall not receive any compensation for such service. Such individuals 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, United States Code, and chapter 171 of title 28, United States Code.

(d) In carrying out their functions under the Convention, the Commissioners may consult with the appropriate Regional Fishery Management Councils established by section 302 of the Act of 1976 1 (16 U.S.C. 1852), and may consult with such other interested parties as they consider appropriate. The Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to consultations described in this subsection. SEC. 304. (16 U.S.C. 3603] (a) The Secretary of State may

(1) receive, on behalf of the United States, reports, requests, recommendations, proposals, and other communications of the Organization and its subsidiary organs;

(2) with the concurrence of the Secretary of Commerce and the Secretary of the Interior, approve, object to, or withdraw objections to regulatory measures proposed in accordance with the Convention; and

(3) act upon, or refer to other appropriate authority, any communication referred to in paragraph (1) of this subsection other than a proposed regulatory measure.

(b) If the concurrence required under subsection (a)(2) of this section has not been obtained by the Secretary of State

(1) regarding the approval of, or the objection to, a proposed regulatory measure within forty-five days after the measure was received on behalf of the United States; or

(2) regarding the withdrawal of an objection of the United States to a proposed regulatory measure within forty-five days

after such withdrawal is proposed by the Secretary of State; the Secretary of State shall submit the matter in disagreement, together with a statement of the opposing positions, to the President for timely disposition.

SEC. 305. (16 U.S.C. 3604] (a) The Secretary of Commerce, in cooperation with the Secretary of the Interior and the Secretary of the department in which the Coast Guard is operating, shall promulgate such regulations pursuant to section 553 of title 5, United States Code, as may be necessary to carry out the purposes and objectives of the Convention and this title, and to implement regulatory measures that are binding on the United States under the Convention. Any such regulation may be made applicable, as nec

1 See footnote to section 302(1).

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