---
kind: "section"
citation: "16 U.S.C. § 971g"
title: "16"
title_heading: "Conservation"
number: "971g"
heading: "Cooperation in carrying out Convention"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/971g"
units:
  - "Chapter 16A — Atlantic Tunas Convention"
---

# §971g. Cooperation in carrying out Convention

- (a) **Federal and State agencies; private institutions and organizations—** The United States Commissioners, through the Secretary of State and with the concurrence of the agency, institution, or organization concerned, may arrange for the cooperation of agencies of the United States Government, and of [State](/usc/16/971.md?p=11) and private institutions and organizations in carrying out the provisions of article IV of the [Convention](/usc/16/971.md?p=1).
- (b) **Scientific and other programs; facilities and personnel—** All agencies of the Federal Government are authorized, upon the request of the [Commission](/usc/16/971.md?p=2), to cooperate in the conduct of scientific and other programs, and to furnish facilities and personnel for the purpose of assisting the [Commission](/usc/16/971.md?p=2) in carrying out its duties under the [Convention](/usc/16/971.md?p=1).
- (c) **Fishing operations and biological experiments—** None of the prohibitions deriving from this chapter, or contained in the laws or regulations of any [State](/usc/16/971.md?p=11), shall prevent the [Commission](/usc/16/971.md?p=2) from conducting or authorizing the conduct of [fishing](/usc/16/971.md?p=6) operations and biological experiments at any time for purposes of scientific investigation, or shall prevent the [Commission](/usc/16/971.md?p=2) from discharging any other duties prescribed by the [Convention](/usc/16/971.md?p=1).
- (d) **State jurisdiction; preemption by Federal regulations—**
  - (1) Except as provided in paragraph (2) of this subsection, nothing in this chapter shall be construed so as to diminish or to increase the jurisdiction of any [State](/usc/16/971.md?p=11) in the territorial sea of the United States.
  - (2) In the event a [State](/usc/16/971.md?p=11) does not request a formal hearing and after notice by the [Secretary](/usc/16/971.md?p=10), the regulations promulgated pursuant to this chapter to implement recommendations of the [Commission](/usc/16/971.md?p=2) shall apply within the boundaries of any [State](/usc/16/971.md?p=11) bordering on any [Convention](/usc/16/971.md?p=1) [area](/usc/16/539m–1.md?p=1-A) if the [Secretary](/usc/16/971.md?p=10) determines that any such [State](/usc/16/971.md?p=11)—
    - (A) has not, within a reasonable period of time after the promulgation of regulations pursuant to this chapter, enacted laws or promulgated regulations which implement any such recommendation of the [Commission](/usc/16/971.md?p=2) within the boundaries of such [State](/usc/16/971.md?p=11); or
    - (B) has enacted laws or promulgated regulations which (i) are less restrictive than the regulations promulgated pursuant to this chapter, or (ii) are not effectively enforced.

    If a [State](/usc/16/971.md?p=11) requests the opportunity for an agency hearing on the record, the [Secretary](/usc/16/971.md?p=10) shall not apply regulations promulgated pursuant to this chapter within that [State](/usc/16/971.md?p=11)’s boundaries unless the hearing record supports a determination under paragraph (A) or (B). Such regulations shall apply until the [Secretary](/usc/16/971.md?p=10) determines that the [State](/usc/16/971.md?p=11) is effectively enforcing within its boundaries measures which are not less restrictive than such regulations.

- (e) **Continuing review of State laws and regulations—** To insure that the purposes of [subsection (d)](#d) are carried out, the [Secretary](/usc/16/971.md?p=10) shall undertake a continuing review of the laws and regulations of all [States](/usc/16/544.md?p=r) to which [subsection (d)](#d) applies or may apply and the extent to which such laws and regulations are enforced.

## Source credit

(Pub. L. 94–70, § 9, Aug. 5, 1975, 89 Stat. 392.)

## Notes

### Executive Documents

### Territorial Sea of United States

For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.