(8) the term "nonindigenous species" means a species of plant or animal that did not occur in the Great Lake Basin before European colonization of North America;

(9) the term "Secretary" means the Secretary of the Army; and

(10) the term "State Director" means the head of the agency, department, board, commission, or other governmental entity of each of the States of New York, Ohio, Indiana, Illinois, Michigan, Wisconsin, Minnesota, and the Commonwealth of Pennsylvania which is responsible for the management and conservation of the fish and wildlife resources of that State.

(Pub. L. 101-537, title I, § 1004, Nov. 8, 1990, 104 Stat. 2371; Pub. L. 101-646, title II, § 2004, Nov. 29, 1990, 104 Stat. 4774.)

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this Act", which, to reflect the probable intent of Congress, was translated as reading "this title" meaning title I of Pub. L. 101-537, Nov. 8, 1990, 104 Stat. 2370, and title II of Pub. L. 101-646, Nov. 29, 1990, 104 Stat. 4773, known as the Great Lakes Fish and Wildlife Restoration Act of 1990, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 941 of this title and Tables.

CODIFICATION

Pub. L. 101-537 and Pub. L. 101-646 enacted substantially identical sections.

§ 941c. Great Lakes fishery resources restoration study

(a) In general

The Director shall conduct a comprehensive study of the status of, and the assessment, management, and restoration needs of, the fishery resources of the Great Lakes Basin and shall provide the opportunity for the Secretary, the Administrator, State Directors, Indian Tribes, the Great Lakes Fishery Commission, appropriate Canadian Government entities, and other appropriate entities to participate in the study. The Director shall complete the study by October 1, 1994.

(b) Memorandum of understanding

To provide opportunities for the full participation of all affected entities in the planning and conduct of the study, the Director shall invite the entities identified in subsection (a) of this section to enter into a memorandum of understanding regarding the scope and focus of the study and the responsibilities of each participant for conducting the study.

pected to affect in the future, the fishery resources and fish habitats of the Great Lakes Basin;

(2) analyzing historical fishery resource data for the Great Lakes Basin to identify the causes of past and continuing clines' of the fishery resources and the impediments to restoring those resources;

(3) evaluating the adequacy, effectiveness, and consistency of current Great Lakes interagency fisheries management plans and Federal and State water quality programs, with respect to their effects on Great Lakes fishery resources;

(4) analyzing the impacts of, and management control alternatives for, recently introduced nonindigenous species, including the zebra mussel, the ruffe, and the spiny water flea in accordance with the Aquatic Nuisance Prevention and Control Act of 1990 [16 U.S.C. 4701 et seq.);

(5) developing recommendations regarding

(A) an action plan to analyze the effects of contaminant levels on fishery resources; (B) an action plan for the cooperative restoration and enhancement of depleted, nationally significant fish stocks, including lake trout, yellow perch, lake sturgeon, walleye, forage fish, and Atlantic salmon;

(C) planning and technical assistance that should be provided to the Great Lakes Fisheries Commission, States, and Indian Tribes to assist their fishery resource restoration efforts;

(D) mitigation measures to restore and enhance fishery resources adversely affected by past Federal (including federally assisted or approved) water resource development projects and other activities;

(E) increasing the involvement of the International Joint Commission, the Great Lakes Commission, the Great Lakes Fishery Commission, and other interjurisdictional entities regarding fishery resources protection, restoration, and enhancement;

(F) research projects and data gathering initiatives regarding population trends of fish stocks, including population abundance and structure, interspecific competition, survival rates, and behavioral patterns;

(G) important fishery resource habitat and other areas that should be protected, restored, or enhanced for the benefit of Great Lakes fishery resources;

(H) how private conservation organizations, recreational and commercial fishing interests, the aquaculture industry, and the general public could contribute to the implementation of the fishery resource restoration and enhancement recommendations developed pursuant to this chapter; and

(I) appropriate contributions that should be made by States and other non-Federal entities to the cost of activities undertaken to implement the recommendations, including a description of—

'So in original. Probably should be "declines".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 941g of this title.

§ 941f. Annual reports

Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Director shall submit a report to the Committee on Merchant Marine and fisheries' of the House of Representatives and the Committee on Environment and Public Works of the Senate. Each such report shall describe

(1) the progress and findings of the studies conducted under section 941c of this title, including recommendations of implementing activities, where appropriate, that would contribute to the restoration or improvement of one or more fish stocks of the Great Lakes Basin; and

(2) activities undertaken to accomplish the goals stated in section 941d of this title.

(Pub. L. 101-537, title I, § 1008, Nov. 8, 1990, 104 Stat. 2374; Pub. L. 101-646, title II, § 2008, Nov. 29, 1990, 104 Stat. 4777.)

REFERENCES IN TEXT

The date of the enactment of this Act, referred to in text, is the date of enactment of Pub. L. 101-537, which was approved Nov. 8, 1990, and Pub. L. 101-646, which was approved Nov. 29, 1990.

under section 941f(b) 2 of this title, not more than $2,000,000 for each of fiscal years 1991 through 1995.

(b) There are authorized to be appropriated to the Secretary to carry out this chapter, not more than $1,500,000 for each of fiscal years 1991 through 1995.

(Pub. L. 101-537, title I, § 1009, Nov. 8, 1990, 104 Stat. 2374; Pub. L. 101-646, title II, § 2009, Nov. 29, 1990, 104 Stat. 4778.)

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original "this Act", which, to reflect the probable intent of Congress, was translated as reading "this title" meaning title II of Pub. L. 101-646, Nov. 29, 1990, 104 Stat. 4773, known as the Great Lakes Fish and Wildlife Restoration Act of 1990, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 941 of this title and Tables.

CODIFICATION

Pub. L. 101-537 and Pub. L. 101-646 enacted substantially identical sections.

943b. 943c.

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE

AND FISHERIES

Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction given primarily to Committee on Transportation and Infrastructure of House of Representatives, and remainder of jurisdiction given to Committees on National Security and on Resources of House of Representatives, by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

§ 941g. Authorization of appropriations

(a) There are authorized to be appropriated to the Director

(1) for conducting a study under section 941c of this title not more than $4,000,000 for each of fiscal years 1991 through 1994;

(2) to establish and operate the Great Lakes Coordination Office under section 941f(a) 2 of this title and Upper Great Lakes Fishery Resources Offices under section 941f(c) 2 of this title, not more than $4,000,000 for each of fiscal years 1991 through 1995; and

(3) to establish and operate the Lower Great Lakes Fishery Resources Offices 3

So in original. Probably should be capitalized.

So in original. Probably should be "941e(a)", "941e(c)", and "941e(b)", respectively.

* So in original. Probably should be "Office".

Definitions.

Authorization of appropriations.

§ 943. Tissue bank

(a) In general

The Secretary shall coordinate existing facilities for the storage, preparation, examination, and archiving of tissues from selected Great Lakes fish and wildlife, which shall be known as the "Great Lakes Fish and Wildlife Tissue Bank".

(b) Guidance

The Secretary shall, in consultation with appropriate Federal and State agencies and the Council of Great Lakes Research Managers, issue guidance, after an opportunity for public review and comment, for Great Lakes fish and wildlife tissue collection, preparation, archiving, quality control procedures, and access that will ensure

(1) appropriate uniform methods and standards for those activities to provide confidence in Great Lakes fish and wildlife tissue samples used for research;

(2) documentation of procedures used for collecting, preparing, and archiving those samples; and

(3) appropriate scientific use of the tissues in the Great Lakes Fish and Wildlife Tissue Bank.

(Pub. L. 102-440, title II, § 202, Oct. 23, 1992, 106 Stat. 2233.)

The Secretary shall maintain a central data base which provides an effective means for tracking and assessing relevant reference data on Great Lakes fish and wildlife, including data on tissues collected for and maintained in the Great Lakes Fish and Wildlife Tissue Bank. (b) Access

The Secretary shall establish criteria, after an opportunity for public review and comment, for access to the data base which provides for appropriate use of the information by the public.

(Pub. L. 102-440, title II, § 203, Oct. 23, 1992, 106 Stat. 2233.)

960.

961.

(d) Arrests.

(e) Seizures and disposition of fish.

(f) Security.

Commissions' functions not restrained by this chapter or State laws.

Authorization of appropriations.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3377 of this title.

§ 951. Definitions

As used in this chapter, the term

(a) "convention" includes (1) the Convention for the Establishment of an International Commission for the Scientific Investigation of Tuna, signed at Mexico City, January 25, 1949, by the United States of America and the United Mexican States, (2) the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington, May 31, 1949, by the United States of America and the Republic of Costa Rica, or both such conventions, as the context requires;

(b) "commission" includes (1) the International Commission for the Scientific Investigation of Tuna, (2) the Inter-American Tropical Tuna Commission provided for by the conventions referred to in subsection (a) of this section, or both such commissions, as the context requires;

(c) "United States Commissioners" means the members of the commissions referred to in subsection (b) of this section representing the United States of America and appointed pursuant to the terms of the pertinent convention and section 952 of this title;

(d) "person" means every individual, partnership, corporation, and association subject to the jurisdiction of the United States; and

(e) "United States" shall include all areas under the sovereignty of the United States, the Trust Territory of the Pacific Islands, and the Canal Zone.

(Sept. 7, 1950, ch. 907, § 2, 64 Stat. 777; Oct. 15, 1962, Pub. L. 87-814, § 1, 76 Stat. 923.)

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (e), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

AMENDMENTS

1962-Subsec. (e). Pub. L. 87-814 substituted definition of "United States" for definition of "enforcement agency".

EFFECTIVE DATE

Section 14 of act Sept. 7, 1950, provided: "This Act [this chapter] shall take effect with respect to each of the conventions upon the entry into force of that convention, unless such entry into force shall be prior to the date of approval of this Act [Sept. 7, 1950] in which case this Act [this chapter] shall take effect immediately." The Costa Rican convention was ratified on March 3, 1950, and the Mexican convention on July 11, 1950. Therefore, the act took effect upon its approval on Sept. 7, 1950.

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

LANDING OF CATCH OF FISH BY FOREIGN VESSELS Section 6 of Pub. L. 87-814 provided that: "Nothing in this Act (amending this section and sections 955 to 957, 959 of this title] shall be construed to amend or repeal the provisions of section 4311 of the Revised Statutes, as amended (46 U.S.C. 251)."

§ 952. Commissioners; number, appointment, and qualification

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;

(c) at least one shall be an officer of the Department of Commerce; and

(d) at least one shall be chosen from a nongovernmental conservation organization. (Sept. 7, 1950, ch. 907, § 3, 64 Stat. 777; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Oct. 26, 1992, Pub. L. 102-523, § 3(a)(1), 106 Stat. 3433.)

AMENDMENTS

1992-Par. (d). Pub. L. 102-523 added par. (d).

TRANSFER OF FUNCTIONS

"Department of Commerce" substituted in text for "United States Fish and Wildlife Service" in view of: creation of National Oceanic and Atmospheric Administration in Department of Commerce and Office of Administrator of such Administration; abolition of Bureau of Commercial Fisheries in Department of the Interior and Office of Director of such Bureau; transfers of functions, including functions formerly vested by law in Secretary of the Interior or Department of the Interior which were administered through Bureau of Commercial Fisheries or were primarily related to such Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigations; and transfer of marine sport fish program of

Bureau of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees.

ALTERNATE UNITED STATES COMMISSIONERS

Secretary of State authorized to designate Alternate United States Commissioners, see sections 2672a and 2672b of Title 22, Foreign Relations and Intercourse.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 951 of this title. § 953. Advisory Committee; composition; appointment; compensation; duties

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.

(Sept. 7, 1950, ch. 907, § 4, 64 Stat. 778; Oct. 26, 1992, Pub. L. 102-523, § 3(a)(2), 106 Stat. 3433.)

AMENDMENTS

1992-Pub. L. 102-523 inserted "and from nongovernmental conservation organizations," after "under the conventions,".

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 954. Repealed. Pub. L. 92-471, title II, § 203(b), Oct. 9, 1972, 86 Stat. 787

Section, act Sept. 7, 1950, ch. 907, § 5, 64 Stat. 778, provided that service of individuals appointed as United States Commissioners shall not be treated as service for the purposes of certain sections of Title 18, Crimes and Criminal Procedure, and Title 5, Government Organization and Employees.

§ 955. Secretary of State to act for United States (a) Approval of commission bylaws and rules; action on reports, requests, and recommendations 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 commis