Collapse to view only § 960. Commissions’ functions not restrained by this chapter or State laws
- § 951. Definitions
- § 952. Commissioners
- § 953. General Advisory Committee and Scientific Advisory Subcommittee
- § 954. Repealed.
- § 955. Rulemaking
- § 956. Inspection of returns, records, or other reports
- § 957. Violations; fines and forfeitures; application of related laws
- § 958. Cooperation with other agencies
- § 959. Enforcement
- § 960. Commissions’ functions not restrained by this chapter or State laws
- § 961. Authorization of appropriations
- § 962. Reduction of bycatch in eastern tropical Pacific Ocean
§ 951. Definitions
In this chapter:
(1) Antigua Convention
(2) Commission
(3) Convention
The term “Convention” means—
(A) 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;
(B) the Antigua Convention, upon its entry into force for the United States, and any amendments thereto that are in force for the United States; or
(C) both such Conventions, as the context requires.
(4) Person
(5) United States
(6) United States Commissioners
(Sept. 7, 1950, ch. 907, § 2, 64 Stat. 777; Pub. L. 87–814, § 1, Oct. 15, 1962, 76 Stat. 923; Pub. L. 114–81, title II, § 203, Nov. 5, 2015, 129 Stat. 660.)
§ 952. Commissioners
(a) Commissioners
(b) Alternate Commissioners
(c) Administrative matters
(1) Employment status
(2) Compensation
(3) Travel expenses
(A) The Secretary of State shall pay the necessary travel expenses of United States Commissioners and Alternate United States Commissioners to meetings of the Inter-American Tropical Tuna Commission and other meetings the Secretary of State deems necessary to fulfill their duties, in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5.
(B) The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this subsection.
(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; Pub. L. 102–523, § 3(a)(1), Oct. 26, 1992, 106 Stat. 3433; Pub. L. 105–42, § 7(a), Aug. 15, 1997, 111 Stat. 1137; Pub. L. 106–562, title III, § 302, Dec. 23, 2000, 114 Stat. 2806; Pub. L. 114–81, title II, § 204, Nov. 5, 2015, 129 Stat. 660.)
§ 953. General Advisory Committee and Scientific Advisory Subcommittee
(a) General Advisory Committee
(1) Appointments; public participation; compensation
(A) The Secretary, in consultation with the Secretary of State, shall appoint a General Advisory Committee which shall consist of not more than 25 individuals who shall be representative of the various groups concerned with the fisheries covered by the Convention, including nongovernmental conservation organizations, providing to the maximum extent practicable an equitable balance among such groups. Members of the General Advisory Committee will be eligible to participate as members of the United States delegation to the Commission and its working groups to the extent the Commission rules and space for delegations allow.
(B) The chair of the Pacific Fishery Management Council’s Advisory Subpanel for Highly Migratory Fisheries and the chair of the Western Pacific Fishery Management Council’s Advisory Committee shall be ex-officio members of the General Advisory Committee by virtue of their positions in those Councils.
(C) Each member of the General Advisory Committee appointed under subparagraph (A) shall serve for a term of 3 years and is eligible for reappointment.
(D) The General Advisory Committee shall be invited to attend all non-executive meetings of the United States delegation and at such meetings shall be given opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the Commission.
(E) The General Advisory Committee shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this chapter, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and the Convention. The General Advisory Committee shall publish and make available to the public a statement of its organization, practices, and procedures. Meetings of the General Advisory Committee, except when in executive session, shall be open to the public, and prior notice of meetings shall be made public in timely fashion. The General Advisory Committee shall not be subject to chapter 10 of title 5.
(2) Information sharing
(3) Administrative matters
(A) The Secretary shall provide to the General Advisory Committee in a timely manner such administrative and technical support services as are necessary for its effective functioning.
(B) Individuals appointed to serve as a member of the General Advisory Committee—
(i) shall serve without pay, but while away from their homes or regular places of business to attend meetings of the General Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5; and
(ii) shall not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28.
(b) Scientific Advisory Subcommittee
(1) The Secretary, in consultation with the Secretary of State, shall appoint a Scientific Advisory Subcommittee of not less than 5 nor more than 15 qualified scientists with balanced representation from the public and private sectors, including nongovernmental conservation organizations.
(2)Scientific Advisory Subcommittee.—
(A)Advice.—The Scientific Advisory Subcommittee shall advise the General Advisory Committee and the Commissioners on matters including—
(i) the conservation of ecosystems;
(ii) the sustainable uses of living marine resources related to the tuna fishery in the eastern Pacific Ocean; and
(iii) the long-term conservation and management of stocks of living marine resources in the eastern tropical Pacific Ocean.
(B)Other functions and assistance.—The Scientific Advisory Subcommittee shall, as requested by the General Advisory Committee, the United States Commissioners, or the Secretary, perform functions and provide assistance required by formal agreements entered into by the United States for this fishery, including the International Dolphin Conservation Program. These functions may include—
(i) the review of data from the Program, including data received from the Inter-American Tropical Tuna Commission;
(ii) recommendations on research needs, including ecosystems, fishing practices, and gear technology research, including the development and use of selective, environmentally safe and cost-effective fishing gear, and on the coordination and facilitation of such research;
(iii) recommendations concerning scientific reviews and assessments required under the Program and engaging, as appropriate, in such reviews and assessments;
(iv) consulting with other experts as needed; and
(v) recommending measures to assure the regular and timely full exchange of data among the parties to the Program and each nation’s National Scientific Advisory Committee (or its equivalent).
(3)Attendance at meetings.—The Scientific Advisory Subcommittee shall be invited to have representatives attend all nonexecutive meetings of the United States sections and the General Advisory Committee and shall be given full opportunity to examine and to be heard on all proposed programs of scientific investigation, scientific reports, and scientific recommendations of the commission. Representatives of the Scientific Advisory Subcommittee may attend meetings of the Inter-American Tropical Tuna Commission in accordance with the rules of such Commission.
(Sept. 7, 1950, ch. 907, § 4, 64 Stat. 778; Pub. L. 102–523, § 3(a)(2), Oct. 26, 1992, 106 Stat. 3433; Pub. L. 105–42, § 7(b), Aug. 15, 1997, 111 Stat. 1137; Pub. L. 114–81, title II, § 205, Nov. 5, 2015, 129 Stat. 661; Pub. L. 117–286, § 4(a)(105), Dec. 27, 2022, 136 Stat. 4317.)
§ 954. Repealed. Pub. L. 92–471, title II, § 203(b), Oct. 9, 1972, 86 Stat. 787
§ 955. Rulemaking
(a) Regulations
(b) Jurisdiction
(Sept. 7, 1950, ch. 907, § 6, 64 Stat. 778; Pub. L. 87–814, § 2, Oct. 15, 1962, 76 Stat. 923; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 114–81, title II, § 206, Nov. 5, 2015, 129 Stat. 663.)
§ 956. Inspection of returns, records, or other reports
Any person authorized to carry out enforcement activities under this chapter and any person authorized by the commissions shall have power without warrant or other process, to inspect, at any reasonable time, catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this chapter to be made, kept, or furnished.
(Sept. 7, 1950, ch. 907, § 7, 64 Stat. 778; Pub. L. 87–814, § 3, Oct. 15, 1962, 76 Stat. 924.)
§ 957. Violations; fines and forfeitures; application of related laws
(a) Fishing violations
(b) Failures to keep required records; failures to stop upon being hailed; refusals to permit inspections
(c) Import violations
(d) Fines for subsection (a) violations
(e) Fines for subsection (b) violations
(f) Fines for subsection (c) violations
(g) Forfeitures
(h) Application of related laws
(i) Additional prohibitions and enforcement
(Sept. 7, 1950, ch. 907, § 8, 64 Stat. 779; Pub. L. 87–814, § 4, Oct. 15, 1962, 76 Stat. 924; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 114–81, title II, § 207, Nov. 5, 2015, 129 Stat. 663.)
§ 958. Cooperation with other agencies
(a) Coordination of programs
(b) Scientific and other programs; facilities and personnel
(c) Facilities and personnel to non-Federal agencies
(Sept. 7, 1950, ch. 907, § 9, 64 Stat. 779.)
§ 959. Enforcement
For enforcement of this chapter, see section 1826g of this title.
(Sept. 7, 1950, ch. 907, § 10, 64 Stat. 779; Pub. L. 87–814, § 5, Oct. 15, 1962, 76 Stat. 925; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 114–81, title II, § 208, Nov. 5, 2015, 129 Stat. 663.)
§ 960. Commissions’ functions not restrained by this chapter or State laws
None of the prohibitions contained in this chapter or in the laws and regulations of the States shall prevent the commissions from conducting or authorizing the conduct of fishing operations and biological experiments at any time for the purpose of scientific investigations as authorized by the conventions, or shall prevent the commissions from discharging any of its or their functions or duties prescribed by the conventions.
(Sept. 7, 1950, ch. 907, § 11, 64 Stat. 779.)
§ 961. Authorization of appropriations
There is hereby authorized to be appropriated from time to time, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of each convention and of this chapter, including—
(a) contributions to each commission for the United States share of any joint expenses of the commission and the expenses of the United States Commissioners and their staff, including personal services in the District of Columbia and elsewhere;
(b) travel expenses without regard to the Standardized Government Travel Regulations, as amended, subchapter I of chapter 57 of title 5, or section 5731(a) of title 5;
(c) printing and binding without regard to section 501 of title 44 or section 6101 of title 41;
(d) stenographic and other services by contract, if deemed necessary, without regard to section 6101 of title 41; and
(e) purchase, hire, operation, maintenance, and repair of aircraft, motor vehicles (including passenger-carrying vehicles), boats and research vessels.
(Sept. 7, 1950, ch. 907, § 12, 64 Stat. 780.)
§ 962. Reduction of bycatch in eastern tropical Pacific Ocean
The Secretary of State, in consultation with the Secretary of Commerce and acting through the United States Commissioners, shall seek, in cooperation with other nations whose vessels fish for tuna in the eastern tropical Pacific Ocean, to establish standards and measures for a bycatch reduction program for vessels fishing for yellowfin tuna in the eastern tropical Pacific Ocean. The bycatch reduction program shall include measures—
(1) to require, to the maximum extent practicable, that sea turtles and other threatened species and endangered species are released alive;
(2) to reduce, to the maximum extent practicable, the harvest of nontarget species;
(3) to reduce, to the maximum extent practicable, the mortality of nontarget species; and
(4) to reduce, to the maximum extent practicable, the mortality of juveniles of the target species.
(Sept. 7, 1950, ch. 907, § 15, as added Pub. L. 105–42, § 7(c), Aug. 15, 1997, 111 Stat. 1138; amended Pub. L. 114–81, title II, § 209, Nov. 5, 2015, 129 Stat. 664.)