---
kind: "section"
citation: "16 U.S.C. § 5601"
title: "16"
title_heading: "Conservation"
number: "5601"
heading: "Representation of United States under Convention"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/5601"
units:
  - "Chapter 76 — Northwest Atlantic Fisheries Convention"
---

# §5601. Representation of United States under Convention

- (a) **Commissioners—**
  - (1) **Appointments, generally—** The [Secretary](/usc/16/5609.md?p=15) shall appoint not more than 3 individuals to serve as the [representatives](/usc/16/5609.md?p=13) of the United States on the [Commission](/usc/16/5609.md?p=3), who shall each—
    - (A) be known as a “United States [Commissioner](/usc/16/5609.md?p=4) to the Northwest Atlantic Fisheries [Organization](/usc/16/5609.md?p=11)”; and
    - (B) serve at the pleasure of the [Secretary](/usc/16/5609.md?p=15).
  - (2) **Requirements for appointments—**
    - (A) The [Secretary](/usc/16/5609.md?p=15) shall ensure that of the individuals serving as [Commissioners](/usc/16/5609.md?p=4)—
      - (i) at least 1 is appointed from among [representatives](/usc/16/5609.md?p=13) 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)](#a-2-A-ii), is a voting member of the New England Fishery Management [Council](/usc/16/5609.md?p=7).
    - (B) The [Secretary](/usc/16/5609.md?p=15) may not appoint as a [Commissioner](/usc/16/5609.md?p=4) an individual unless the individual is knowledgeable and experienced concerning the [fishery resources](/usc/16/5609.md?p=8-A) to which the [Convention](/usc/16/5609.md?p=5) applies.
  - (3) **Terms—**
    - (A) The term of an individual appointed as a [Commissioner](/usc/16/5609.md?p=4)—
      - (i) shall be specified by the [Secretary](/usc/16/5609.md?p=15) at the time of appointment; and
      - (ii) may not exceed 4 years.
    - (B) An individual who is not a Government official may not serve more than 2 consecutive terms as a [Commissioner](/usc/16/5609.md?p=4).
- (b) **Alternate Commissioners—**
  - (1) **Appointment—** The [Secretary](/usc/16/5609.md?p=15) may, for any anticipated absence of a duly appointed [Commissioner](/usc/16/5609.md?p=4), designate an individual to serve as an Alternate [Commissioner](/usc/16/5609.md?p=4).
  - (2) **Functions—** An Alternate [Commissioner](/usc/16/5609.md?p=4) may exercise all powers and perform all duties of the [Commissioner](/usc/16/5609.md?p=4) for whom the Alternate [Commissioner](/usc/16/5609.md?p=4) is designated.
- (c) **Representatives—**
  - (1) **Appointment—** The [Secretary](/usc/16/5609.md?p=15) shall appoint not more than 3 individuals to serve as the [representatives](/usc/16/5609.md?p=13) of the United States on the [Scientific Council](/usc/16/5609.md?p=14), who shall each be known as a “United States [Representative](/usc/16/5609.md?p=13) to the Northwest Atlantic Fisheries [Organization](/usc/16/5609.md?p=11) [Scientific Council](/usc/16/5609.md?p=14)”.
  - (2) **Eligibility for appointment—**
    - (A) The [Secretary](/usc/16/5609.md?p=15) may not appoint an individual as a [Representative](/usc/16/5609.md?p=13) unless the individual is knowledgeable and experienced concerning the scientific issues dealt with by the [Scientific Council](/usc/16/5609.md?p=14).
    - (B) The [Secretary](/usc/16/5609.md?p=15) shall appoint as a [Representative](/usc/16/5609.md?p=13) at least 1 individual who is an official of the Government.
  - (3) **Term—** An individual appointed as a [Representative](/usc/16/5609.md?p=13)—
    - (A) shall serve for a term of not to exceed 4 years, as specified by the [Secretary](/usc/16/5609.md?p=15) at the time of appointment;
    - (B) may be reappointed; and
    - (C) shall serve at the pleasure of the [Secretary](/usc/16/5609.md?p=15).
- (d) **Alternate Representatives—**
  - (1) **Appointment—** The [Secretary](/usc/16/5609.md?p=15) may, for any anticipated absence of a duly appointed [Representative](/usc/16/5609.md?p=13), designate an individual to serve as an Alternate [Representative](/usc/16/5609.md?p=13).
  - (2) **Functions—** An Alternate [Representative](/usc/16/5609.md?p=13) may exercise all powers and perform all duties of the [Representative](/usc/16/5609.md?p=13) for whom the Alternate [Representative](/usc/16/5609.md?p=13) is designated.
- (e) **Experts and advisers—** The [Commissioners](/usc/16/5609.md?p=4), Alternate [Commissioners](/usc/16/5609.md?p=4), [Representatives](/usc/16/5609.md?p=13), and Alternate [Representatives](/usc/16/5609.md?p=13) may be accompanied at meetings of the [Organization](/usc/16/5609.md?p=11) by experts and advisers.
- (f) **Coordination and consultation—**
  - (1) **In general—** In carrying out their functions under the [Convention](/usc/16/5609.md?p=5), [Commissioners](/usc/16/5609.md?p=4), Alternate [Commissioners](/usc/16/5609.md?p=4), [Representatives](/usc/16/5609.md?p=13), and Alternate [Representatives](/usc/16/5609.md?p=13) shall—
    - (A) coordinate with the appropriate Regional Fishery Management [Councils](/usc/16/5609.md?p=7) established by [section 1852 of this title](/usc/16/1852.md); and
    - (B) consult with the committee established under [section 5607 of this title](/usc/16/5607.md).
  - (2) **Relationship to other law—** [Chapter 10](/usc/5/chptI/ch10.md) of title 5 shall not apply to coordination and consultations under this subsection.

## Source credit

(Pub. L. 104–43, title II, § 202, Nov. 3, 1995, 109 Stat. 377; Pub. L. 114–327, title V, § 502, Dec. 16, 2016, 130 Stat. 1995; Pub. L. 117–286, § 4(a)(124), Dec. 27, 2022, 136 Stat. 4319.)

## Notes

### Editorial Notes

### Amendments

2022—Subsec. (f)(2). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”.

2016—Subsec. (a)(1). Pub. L. 114–327, § 502(1), in introductory provisions, struck out “General Council and the Fisheries” before “Commission”.

Subsec. (b)(1). Pub. L. 114–327, § 502(2), struck out “at a meeting of the General Council or the Fisheries Commission” after “appointed Commissioner”.

Subsec. (b)(2). Pub. L. 114–327, § 502(3), struck out “, at any meeting of the General Council or the Fisheries Commission for which the Alternate Commissioner is designated” before period at end.

Subsec. (d)(1). Pub. L. 114–327, § 502(4), struck out “at a meeting of the Scientific Council” after “appointed Representative”.

Subsec. (d)(2). Pub. L. 114–327, § 502(5), struck out “, at any meeting of the Scientific Council for which the Alternate Representative is designated” before period at end.

Subsec. (f)(1)(A). Pub. L. 114–327, § 502(6), made technical amendment to reference in original act which appears in text as reference to section 1852 of this title.

### Statutory Notes and Related Subsidiaries

### Short Title of 2016 Amendment

Pub. L. 114–327, title V, § 501(a), Dec. 16, 2016, 130 Stat. 1995, provided that: “This title [amending this section and sections 5602 to 5604, 5606, 5607, 5609, and 5610 of this title and repealing section 5612 of this title] may be cited as the ‘Northwest Atlantic Fisheries Convention Amendments Act’.”

### Short Title

Pub. L. 104–43, title II, § 201, Nov. 3, 1995, 109 Stat. 377, provided that: “This title [enacting this chapter] may be cited as the ‘Northwest Atlantic Fisheries Convention Act of 1995’.”