1. U.S. Code
  2. title 16
  3. chapter 70
  4. § 5005

Collapse to view only § 5005. Commission recommendations

§ 5001. Purpose

It is the purpose of this chapter to implement the Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean, signed in Moscow, February 11, 1992.

(Pub. L. 102–567, title VIII, § 802, Oct. 29, 1992, 106 Stat. 4309; Pub. L. 102–587, title VIII, § 8002, Nov. 4, 1992, 106 Stat. 5098; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)

CITE AS: 16 USC 5001

§ 5002. DefinitionsAs used in this chapter, the term—
(1) “Anadromous stocks” means stocks of species listed in the Annex to the Convention that migrate into the Convention area.
(2) “Anadromous fish” means fish of the species listed in the Annex to the Convention that migrate into the Convention area.
(3) “Authorized officer” means a law enforcement official authorized to enforce this chapter under section 5008(a) of this title.
(4) “Commission” means the North Pacific Anadromous Fish Commission provided for by article VIII of the Convention.
(5) “Convention” means the Convention for the Conservation of Anadromous Stocks of the North Pacific Ocean, signed in Moscow, February 11, 1992.
(6) “Convention area” means the waters of the North Pacific Ocean and its adjacent seas, north of 33 degrees North Latitude,1
1 So in original. Probably should not be capitalized.
beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.
(7) “Directed fishing” means fishing targeted at a particular species or stock of fish.
(8) “Ecologically related species” means living marine species which are associated with anadromous stocks found in the Convention area, including, but not restricted to, both predators and prey of anadromous fish.
(9) “Enforcement officer” means a law enforcement official authorized by any Party to enforce this chapter.
(10) “Exclusive economic zone” means the zone established by Proclamation Numbered 5030, dated March 10, 1983. For purposes of applying this chapter, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States.
(11) “Fish” means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds.
(12) “Fishing” means—
(A) the catching, taking, or harvesting of fish, or any other activity that can reasonably be expected to result in the catching, taking, or harvesting of fish; or
(B) any operation at sea in preparation for or in direct support of any activity described in subparagraph (A).
(13) “Fishing vessel” means—
(A) any vessel engaged in catching fish within the Convention area or in processing or transporting fish loaded in the Convention area;
(B) any vessel outfitted to engage in any activity described in subparagraph (A);
(C) any vessel supporting a vessel described in subparagraph (A) or (B).
(14) “Incidental taking” means catching, taking, or harvesting a species or stock of fish while conducting directed fishing for another species or stock of fish.
(15) “Party” means Canada, Japan, the Russian Federation, the United States, and any other nation that may accede to the Convention.
(16) “Secretary” means the Secretary of State.
(17) “United States Section” means the United States Commissioners of the Commission.
(Pub. L. 102–567, title VIII, § 803, Oct. 29, 1992, 106 Stat. 4309; Pub. L. 102–587, title VIII, § 8003, Nov. 4, 1992, 106 Stat. 5098; Pub. L. 104–43, title IV, § 404(b), Nov. 3, 1995, 109 Stat. 391; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)

CITE AS: 16 USC 5002

§ 5003. United States Commissioners
(a) Commissioners
The United States shall be represented on the Commission by not more than three United States Commissioners to be appointed by and serve at the pleasure of the President. Each United States Commissioner shall be appointed for a term of office not to exceed 4 years, but is eligible for reappointment. Individuals serving as such Commissioners shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28. Of the Commissioners—
(1) one shall be an official of the United States Government;
(2) one shall be a resident of the State of Alaska; and
(3) one shall be a resident of the State of Washington.
An individual is not eligible for appointment under paragraph (2) or (3) as a Commissioner unless the individual is knowledgeable or experienced concerning the anadromous stocks and ecologically related species of the North Pacific Ocean.
(b) Alternate Commissioners
(c) United States Section
(d) Compensation
(e) Travel expenses
(1) In general
(2) Reimbursement
(Pub. L. 102–567, title VIII, § 804, Oct. 29, 1992, 106 Stat. 4310; Pub. L. 102–587, title VIII, § 8004, Nov. 4, 1992, 106 Stat. 5099; Pub. L. 106–562, title III, § 304, Dec. 23, 2000, 114 Stat. 2806; Pub. L. 114–327, title I, § 121(b)(1), Dec. 16, 2016, 130 Stat. 1984.)

CITE AS: 16 USC 5003

§ 5004. Advisory Panel
(a) Establishment of Panel
An Advisory Panel to the United States Section is established. The Advisory Panel shall be composed of the following:
(1) The Commissioner of the Alaska Department of Fish and Game.
(2) The Director of the Washington Department of Fisheries.
(3) One representative of the Pacific States Marine Fisheries Commission, designated by the Executive Director of that commission.
(4) Eleven members (six of whom shall be residents of the State of Alaska and five of whom shall be residents of the State of Washington), appointed by the Secretary, in consultation with the Secretary of Commerce, from among a slate of 12 persons nominated by the Governor of Alaska and a slate of 10 persons nominated by the Governor of Washington.
(b) Qualifications
(c) Limitation on service
(d) Functions
(e) Compensation
(f) Travel expenses
(1) In general
(2) Reimbursement
(Pub. L. 102–567, title VIII, § 805, Oct. 29, 1992, 106 Stat. 4311; Pub. L. 102–587, title VIII, § 8005, Nov. 4, 1992, 106 Stat. 5100; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806; Pub. L. 114–327, title I, § 121(b)(2), Dec. 16, 2016, 130 Stat. 1985.)

CITE AS: 16 USC 5004

§ 5005. Commission recommendations

The Secretary, with the concurrence of the Secretary of Commerce, may accept or reject, on behalf of the United States, recommendations made by the Commission in accordance with article IX of the Convention.

(Pub. L. 102–567, title VIII, § 806, Oct. 29, 1992, 106 Stat. 4311; Pub. L. 102–587, title VIII, § 8006, Nov. 4, 1992, 106 Stat. 5101; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)

CITE AS: 16 USC 5005

§ 5006. Administration and enforcement of Convention
(a) Responsibilities
(b) Consultation and cooperation
In carrying out such functions, the Secretary of Commerce—
(1) shall, in consultation with the Secretary of Transportation and the United States Section, issue such regulations as may be necessary to carry out the purposes and objectives of the Convention and this chapter; and
(2) may, with the concurrence of the Secretary, cooperate with the authorized officials of the government of any Party.
(Pub. L. 102–567, title VIII, § 807, Oct. 29, 1992, 106 Stat. 4311; Pub. L. 102–587, title VIII, § 8007, Nov. 4, 1992, 106 Stat. 5101; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)

CITE AS: 16 USC 5006

§ 5007. Cooperation with other agencies
(a) In general
(b) Functions of Secretary of Commerce
(Pub. L. 102–567, title VIII, § 808, Oct. 29, 1992, 106 Stat. 4312; Pub. L. 102–587, title VIII, § 8008, Nov. 4, 1992, 106 Stat. 5101; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)

CITE AS: 16 USC 5007

§ 5008. Enforcement provisions
(a) Duties of Secretaries of Commerce and Transportation
(b) District court jurisdiction
(c) Powers of enforcement officersAuthorized officers may, shoreward of the outer boundary of the exclusive economic zone, or during hot pursuit from the zone—
(1) with or without a warrant or other process—
(A) arrest any person, if the officer has reasonable cause to believe that such person has committed an act prohibited by section 5009 of this title;
(B) board, and search or inspect, any fishing vessel subject to the provisions of the Convention and this chapter;
(C) seize any fishing vessel (together with its fishing gear, furniture, appurtenances, stores, and cargo) used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any provision of the Convention, this chapter, or regulations issued under this chapter;
(D) seize any fish (wherever found) taken or retained in violation of any provision referred to in subparagraph (C);
(E) seize any other evidence related to any violation of any provision referred to in subparagraph (C);
(2) execute any warrant or other process issued by any court of competent jurisdiction; and
(3) exercise any other lawful authority.
(d) Additional powers
(1) An authorized officer may in the Convention area—
(A) board a vessel of any Party that reasonably can be believed to be engaged in directed fishing for, incidental taking of, or processing of anadromous fish, and, without warrant or process, inspect equipment, logs, documents, catch, and other articles, and question persons, on board the vessel, for the purpose of carrying out the provisions of the Convention, this chapter, or any regulation issued under this chapter; and
(B) If 1
1 So in original. Probably should not be capitalized.
any such vessel or person on board is actually engaged in operations in violation of any such provision, or there is reasonable ground to believe any person or vessel was obviously so engaged before the boarding of such vessel by the authorized officer, arrest or seize such person or vessel and further investigate the circumstance if necessary.
If an authorized officer, after boarding and investigation, has reasonable cause to believe that any such fishing vessel or person engaged in operations in violation of any provision referred to in subparagraph (A), the officer shall deliver the vessel or person as promptly as practicable to the enforcement officers of the appropriate Party, in accordance with the provisions of the Convention.
(2) When requested by the appropriate authorities of a Party, an authorized officer may be directed to attend as a witness, and to produce such available records and files or duly certified copies thereof as may be necessary, for the prosecution by that Party of any violation of the provisions of the Convention or any law of that Party relating to the enforcement thereof.
(Pub. L. 102–567, title VIII, § 809, Oct. 29, 1992, 106 Stat. 4312; Pub. L. 102–587, title VIII, § 8009, Nov. 4, 1992, 106 Stat. 5101; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)

CITE AS: 16 USC 5008

§ 5009. Unlawful activities
It is unlawful for any person or fishing vessel subject to the jurisdiction of the United States—
(1) to fish for any anadromous fish in the Convention area;
(2) to retain on board any anadromous fish taken incidentally in a fishery directed at nonanadromous fish in the Convention area;
(3) to fail to return immediately to the sea any anadromous fish taken incidentally in a fishery directed at nonanadromous fish in the Convention area;
(4) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any anadromous fish taken or retained in violation of the Convention, this chapter, or any regulation issued under this chapter;
(5) to refuse to permit any enforcement officer to board a fishing vessel subject to such person’s control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of the Convention, this chapter, or any regulation issued under this chapter;
(6) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any enforcement officer in the conduct of any search, investigation, or inspection described in paragraph (5);
(7) to resist a lawful arrest or detection for any act prohibited by this section;
(8) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing that such person has committed any act prohibited by this section; or
(9) to violate any provision of the Convention, this chapter, or any regulation issued under this chapter.
(Pub. L. 102–567, title VIII, § 810, Oct. 29, 1992, 106 Stat. 4313; Pub. L. 102–587, title VIII, § 8010, Nov. 4, 1992, 106 Stat. 5103; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806; Pub. L. 114–81, title I, § 103(a), Nov. 5, 2015, 129 Stat. 657.)

CITE AS: 16 USC 5009

§ 5010. Additional prohibitions and enforcement

For additional prohibitions relating to this chapter and enforcement of this chapter, see section 1826g of this title.

(Pub. L. 102–567, title VIII, § 811, Oct. 29, 1992, 106 Stat. 4314; Pub. L. 102–587, title VIII, § 8011, Nov. 4, 1992, 106 Stat. 5103; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806; Pub. L. 114–81, title I, § 103(b), Nov. 5, 2015, 129 Stat. 657.)

CITE AS: 16 USC 5010

§ 5011. Funding requirements
(a) Authorization
There are authorized to be appropriated from time to time such sums as may be necessary for carrying out the purposes and provisions of the Convention and this chapter, including—
(1) necessary travel expenses of the United States Commissioners or Alternate Commissioners; and
(2) the United States’ share of the joint expenses of the Commission.
(b) Research
(Pub. L. 102–567, title VIII, § 812, Oct. 29, 1992, 106 Stat. 4316; Pub. L. 102–587, title VIII, § 8012, Nov. 4, 1992, 106 Stat. 5105; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)

CITE AS: 16 USC 5011

§ 5012. Disposition of property

The Secretary shall dispose of any United States property held by the International North Pacific Fisheries Commission on the date of its termination in a manner that would further the purposes of this chapter.

(Pub. L. 102–567, title VIII, § 813, Oct. 29, 1992, 106 Stat. 4316; Pub. L. 102–587, title VIII, § 8013, Nov. 4, 1992, 106 Stat. 5106; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)

CITE AS: 16 USC 5012