§5609. Definitions — Inbound Citations
16 U.S.C. § 5609
Cited by 92 provisions in release 119-102.
Citations to §5609(2)
-
(2) to refuse to permit any authorized enforcement officer to board a fishing vessel that is subject to the person’s control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Convention;
-
(3) forcibly to assault, resist, oppose, impede, intimidate, or interfere with any authorized enforcement officer in the conduct of any search, investigation, or inspection described in paragraph (2);
Citations to §5609(3)
-
(1) The Secretary shall appoint not more than 3 individuals to serve as the representatives of the United States on the 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) object, or withdraw an objection, to the proposal of the Commission consistent with the procedures detailed in Articles XIV and XV of the Convention;
-
(3) give or withdraw notice of intent not to be bound by a measure of the Commission consistent with the procedures detailed in Articles XIV and XV of the Convention;
-
(1) The membership of the Committee shall include representatives from the New England and Mid-Atlantic Fishery Management Councils, the States represented on those Councils, the Atlantic States Marine Fisheries Commission, the fishing industry, the seafood processing industry, and others knowledgeable and experienced in the conservation and management of fisheries in the Northwest Atlantic Ocean.
-
(1) all public meetings of the Commission;
-
(2) any other meetings to which they are invited by the Commission; and
Citations to §5609(4)
-
(A) be known as a “United States Commissioner to the Northwest Atlantic Fisheries Organization”; and
-
(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.
-
(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.
-
(B) An individual who is not a Government official may not serve more than 2 consecutive terms as a Commissioner.
-
(1) The Secretary may, for any anticipated absence of a duly appointed Commissioner, designate an individual to serve as an Alternate Commissioner.
-
(2) An Alternate Commissioner may exercise all powers and perform all duties of the Commissioner for whom the Alternate Commissioner is designated.
-
(e) The Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives may be accompanied at meetings of the Organization by experts and advisers.
-
(1) 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 1852 of this title; and(B) consult with the committee established under section 5607 of this title.
-
(2) received the consent of the Commissioners for that action.
-
(3) all nonexecutive meetings of the United States Commissioners.
-
(1) a Commissioner, Alternate Commissioner, Representative, or Alternative Representative;
Citations to §5609(5)
-
(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.
-
(1) 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 1852 of this title; and(B) consult with the committee established under section 5607 of this title.
-
(1) any request, under Article VII(10)(b) of the Convention, that the Scientific Council consider and report on a question pertaining to the scientific basis for the management and conservation of fishery resources in waters under the jurisdiction of the United States within the Convention Area; and
-
(2) any specification, under Article VII(11) of the Convention, of the terms of reference for the consideration of a question referred to the Scientific Council pursuant to Article VII(10)(b) of the Convention.
-
(2) object, or withdraw an objection, to the proposal of the Commission consistent with the procedures detailed in Articles XIV and XV of the Convention;
-
(3) give or withdraw notice of intent not to be bound by a measure of the Commission consistent with the procedures detailed in Articles XIV and XV of the Convention;
-
(4) object or withdraw an objection to an amendment to the Convention; and
-
(a) In carrying out the provisions of the Convention and this chapter, the Secretary may arrange for cooperation with—(1) any department, agency, or instrumentality of the United States;(2) a State;(3) a Council; or(4) a private institution or an organization.
-
(1) cooperate in the conduct of scientific and other programs, and furnish facilities and personnel, for the purposes of assisting the Organization in carrying out its duties under the Convention; and
-
The Secretary shall promulgate regulations as may be necessary to carry out the purposes and objectives of the Convention and this chapter. Any such regulation may be made applicable, as necessary, to all persons and all vessels subject to the jurisdiction of the United States, wherever located.
-
(1) to violate any regulation issued under this chapter or any measure that is legally binding on the United States under the Convention;
-
(2) to refuse to permit any authorized enforcement officer to board a fishing vessel that is subject to the person’s control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Convention;
-
(a) The Secretary of State and the Secretary, shall jointly establish a consultative committee to advise the Secretaries on issues related to the Convention.
-
There are authorized to be appropriated to carry out this chapter, including to pay the United States contribution to the Organization as provided in Article IX of the Convention, $500,000 for each fiscal year through fiscal year 2021.
Citations to §5609(6)
-
(1) any request, under Article VII(10)(b) of the Convention, that the Scientific Council consider and report on a question pertaining to the scientific basis for the management and conservation of fishery resources in waters under the jurisdiction of the United States within the Convention Area; and
Citations to §5609(7)
-
(iii) 1, other than the individual appointed under clause (ii), is a voting member of the New England Fishery Management Council.
-
(A) coordinate with the appropriate Regional Fishery Management Councils established by section 1852 of this title; and
-
(1) consulted with the appropriate Regional Fishery Management Councils; and
-
(3) a Council; or
-
(1) The membership of the Committee shall include representatives from the New England and Mid-Atlantic Fishery Management Councils, the States represented on those Councils, the Atlantic States Marine Fisheries Commission, the fishing industry, the seafood processing industry, and others knowledgeable and experienced in the conservation and management of fisheries in the Northwest Atlantic Ocean.
Citations to §5609(8)(A)
-
(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.
-
(1) any request, under Article VII(10)(b) of the Convention, that the Scientific Council consider and report on a question pertaining to the scientific basis for the management and conservation of fishery resources in waters under the jurisdiction of the United States within the Convention Area; and
-
(5) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fishery resources taken or retained in violation of this section; or
Citations to §5609(10)(A)
-
(2) to refuse to permit any authorized enforcement officer to board a fishing vessel that is subject to the person’s control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Convention;
Citations to §5609(11)
-
(A) be known as a “United States Commissioner to the Northwest Atlantic Fisheries Organization”; and
-
(1) 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”.
-
(e) The Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives may be accompanied at meetings of the Organization by experts and advisers.
-
(1) receive and transmit reports, requests, recommendations, proposals, and other communications of and to the Organization and its subsidiary organs;
-
(4) a private institution or an organization.
-
(1) cooperate in the conduct of scientific and other programs, and furnish facilities and personnel, for the purposes of assisting the Organization in carrying out its duties under the Convention; and
-
(2) accept reimbursement from the Organization for providing such services, facilities, and personnel.
-
There are authorized to be appropriated to carry out this chapter, including to pay the United States contribution to the Organization as provided in Article IX of the Convention, $500,000 for each fiscal year through fiscal year 2021.
Citations to §5609(12)
-
The Secretary shall promulgate regulations as may be necessary to carry out the purposes and objectives of the Convention and this chapter. Any such regulation may be made applicable, as necessary, to all persons and all vessels subject to the jurisdiction of the United States, wherever located.
-
(a) It is unlawful for any person or vessel that is subject to the jurisdiction of the United States—(1) to violate any regulation issued under this chapter or any measure that is legally binding on the United States under the Convention;(2) to refuse to permit any authorized enforcement officer to board a fishing vessel that is subject to the person’s control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Convention;(3) forcibly to assault, resist, oppose, impede, intimidate, or interfere with any authorized enforcement officer in the conduct of any search, investigation, or inspection described in paragraph (2);(4) to resist a lawful arrest for any act prohibited by this section;(5) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fishery resources taken or retained in violation of this section; or
-
(2) to refuse to permit any authorized enforcement officer to board a fishing vessel that is subject to the person’s control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Convention;
-
(a) A person shall not receive any compensation from the Government by reason of any service of the person as—(1) a Commissioner, Alternate Commissioner, Representative, or Alternative Representative;(2) an expert or adviser authorized under section 5601(e) of this title; or(3) a member of the consultative committee established by section 5607 of this title.
-
(b) The Secretary of State shall, subject to the availability of appropriations, pay all necessary travel and other expenses of persons described in subsection (a)(1) and of not more than six experts and advisers authorized under section 5601(e) of this title with respect to their actual performance of their official duties pursuant to this chapter, in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5.
-
(c) A person shall not be considered to be a Federal employee by reason of any service of the person in a capacity described in subsection (a), except for purposes of injury compensation and tort claims liability under chapter 81 of title 5 and chapter 171 of title 28, respectively.
Citations to §5609(13)
-
(1) The Secretary shall appoint not more than 3 individuals to serve as the representatives of the United States on the 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.
-
(i) at least 1 is appointed from among representatives of the commercial fishing industry;
-
(1) 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”.
-
(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) 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.
-
(1) The Secretary may, for any anticipated absence of a duly appointed Representative, designate an individual to serve as an Alternate Representative.
-
(2) An Alternate Representative may exercise all powers and perform all duties of the Representative for whom the Alternate Representative is designated.
-
(e) The Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives may be accompanied at meetings of the Organization by experts and advisers.
-
(1) 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 1852 of this title; and(B) consult with the committee established under section 5607 of this title.
-
(a) A Representative may not make a request or specification described in paragraph (1) or (2) of subsection (b), respectively, unless the Representative has first—(1) consulted with the appropriate Regional Fishery Management Councils; and(2) received the consent of the Commissioners for that action.
-
(1) The membership of the Committee shall include representatives from the New England and Mid-Atlantic Fishery Management Councils, the States represented on those Councils, the Atlantic States Marine Fisheries Commission, the fishing industry, the seafood processing industry, and others knowledgeable and experienced in the conservation and management of fisheries in the Northwest Atlantic Ocean.
-
(1) a Commissioner, Alternate Commissioner, Representative, or Alternative Representative;
Citations to §5609(14)
-
(1) 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”.
-
(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.
-
(1) any request, under Article VII(10)(b) of the Convention, that the Scientific Council consider and report on a question pertaining to the scientific basis for the management and conservation of fishery resources in waters under the jurisdiction of the United States within the Convention Area; and
-
(2) any specification, under Article VII(11) of the Convention, of the terms of reference for the consideration of a question referred to the Scientific Council pursuant to Article VII(10)(b) of the Convention.
Citations to §5609(15)
-
(1) The Secretary shall appoint not more than 3 individuals to serve as the representatives of the United States on the 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.
-
(B) serve at the pleasure of the Secretary.
-
(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.
-
(i) shall be specified by the Secretary at the time of appointment; and
-
(1) The Secretary may, for any anticipated absence of a duly appointed Commissioner, designate an individual to serve as an Alternate Commissioner.
-
(1) 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”.
-
(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.
-
(A) shall serve for a term of not to exceed 4 years, as specified by the Secretary at the time of appointment;
-
(C) shall serve at the pleasure of the Secretary.
-
(1) The Secretary may, for any anticipated absence of a duly appointed Representative, designate an individual to serve as an Alternate Representative.
-
(a) In carrying out the provisions of the Convention and this chapter, the Secretary may arrange for cooperation with—(1) any department, agency, or instrumentality of the United States;(2) a State;(3) a Council; or(4) a private institution or an organization.
-
The Secretary shall promulgate regulations as may be necessary to carry out the purposes and objectives of the Convention and this chapter. Any such regulation may be made applicable, as necessary, to all persons and all vessels subject to the jurisdiction of the United States, wherever located.
-
(a) The Secretary of State and the Secretary, shall jointly establish a consultative committee to advise the Secretaries on issues related to the Convention.