Collapse to view only § 7005. United States representation on advisory panel
- § 7001. Definitions
- § 7002. United States representation on joint management committee
- § 7003. United States representation on the scientific review group
- § 7004. United States representation on joint technical committee
- § 7005. United States representation on advisory panel
- § 7006. Responsibilities of the Secretary
- § 7007. Rulemaking
- § 7008. Administrative matters
- § 7009. Enforcement
- § 7010. Authorization of appropriations
§ 7001. Definitions
In this chapter:
(1) Advisory panel
(2) Agreement
(3) Catch
(4) Joint management committee
(5) Joint technical committee
(6) Offshore whiting resource
(7) Scientific review group
(8) Secretary
(9) United States Section
(Pub. L. 109–479, title VI, § 602, Jan. 12, 2007, 120 Stat. 3644.)
§ 7002. United States representation on joint management committee
(a) Representatives
(1) In general
The Secretary, in consultation with the Secretary of State, shall appoint 4 individuals to represent the United States as the United States Section on the joint management committee. In making the appointments, the Secretary shall select representatives from among individuals who are knowledgeable or experienced concerning the offshore whiting resource. Of these—
(A) 1 shall be an official of the National Oceanic and Atmospheric Administration;
(B) 1 shall be a member of the Pacific Fishery Management Council, appointed with consideration given to any recommendation provided by that Council;
(C) 1 shall be appointed from a list submitted by the treaty Indian tribes with treaty fishing rights to the offshore whiting resource; and
(D) 1 shall be appointed from the commercial sector of the whiting fishing industry concerned with the offshore whiting resource.
(2) Term of office
(3) Chair
(b) Alternate representatives
(Pub. L. 109–479, title VI, § 603, Jan. 12, 2007, 120 Stat. 3645.)
§ 7003. United States representation on the scientific review group
(a) In general
(b) Term
(c) Joint appointments
In addition to individuals appointed under subsection (a), the Secretary, jointly with the Government of Canada, may appoint to the scientific review group, from a list of names provided by the advisory panel—
(1) up to 2 independent members of the scientific review group; and
(2) 2 public advisors.
(Pub. L. 109–479, title VI, § 604, Jan. 12, 2007, 120 Stat. 3645.)
§ 7004. United States representation on joint technical committee
(a) Scientific experts
(1) In general
(2) Term of office
(b) Independent member
(Pub. L. 109–479, title VI, § 605, Jan. 12, 2007, 120 Stat. 3646; Pub. L. 111–348, title III, § 302(a), Jan. 4, 2011, 124 Stat. 3672.)
§ 7005. United States representation on advisory panel
(a) In general
(1) Appointment
The Secretary, in consultation with the Secretary of State, shall appoint at least 6 but not more than 12 individuals to serve as members of the advisory panel, selected from among individuals who are—
(A) knowledgeable or experienced in the harvesting, processing, marketing, management, conservation, or research of the offshore whiting resource; and
(B) not employees of the United States.
(2) Term of office
(Pub. L. 109–479, title VI, § 606, Jan. 12, 2007, 120 Stat. 3646.)
§ 7006. Responsibilities of the Secretary
(a) In general
(b) Regulations; cooperation with Canadian officials
In exercising responsibilities under this chapter, the Secretary—
(1) may promulgate such regulations as may be necessary to carry out the purposes and objectives of the Agreement and this chapter; and
(2) with the concurrence of the Secretary of State, may cooperate with officials of the Canadian Government duly authorized to carry out the Agreement.
(Pub. L. 109–479, title VI, § 607, Jan. 12, 2007, 120 Stat. 3646.)
§ 7007. Rulemaking
(a) Application with Magnuson-Stevens Act
The Secretary shall establish the United States catch level for Pacific whiting according to the standards and procedures of the Agreement and this chapter rather than under the standards and procedures of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), except to the extent necessary to address the rebuilding needs of other species. Except for establishing the catch level, all other aspects of Pacific whiting management shall be—
(1) subject to the Magnuson-Stevens Fishery Conservation and Management Act; and
(2) consistent with this chapter.
(b) Joint management committee recommendations
(c) Years with no approved catch recommendations
If the parties to the Agreement do not approve the joint management committee’s recommendation with respect to the catch level for any year, the Secretary shall establish the total allowable catch for Pacific whiting for the United States catch. In establishing the total allowable catch under this subsection, the Secretary shall—
(1) take into account any recommendations from the Pacific Fishery Management Council, the joint management committee, the joint technical committee, the scientific review group, and the advisory panel;
(2) base the total allowable catch on the best scientific information available;
(3) use the default harvest rate set out in paragraph 1 of Article III of the Agreement unless the Secretary determines that the scientific evidence demonstrates that a different rate is necessary to sustain the offshore whiting resource; and
(4) establish the United State’s 1
1 So in original.
share of the total allowable catch based on paragraph 2 of Article III of the Agreement and make any adjustments necessary under section 5 of Article II of the Agreement.(Pub. L. 109–479, title VI, § 608, Jan. 12, 2007, 120 Stat. 3647.)
§ 7008. Administrative matters
(a) Employment status
(b) Compensation
(1) In general
(2) Scientific review group
(c) Travel expenses
(d) Joint appointees
With respect to the 2 independent members of the scientific review group and the 2 public advisors to the scientific review group jointly appointed under section 7003(c) of this title, and the 1 independent member to the joint technical committee jointly appointed under section 7004(b) of this title, the Secretary may pay up to 50 percent of—
(1) any compensation paid to such individuals; and
(2) the necessary travel expenses of such individuals.
(Pub. L. 109–479, title VI, § 609, Jan. 12, 2007, 120 Stat. 3647; Pub. L. 111–348, title III, § 302(b), Jan. 4, 2011, 124 Stat. 3672.)
§ 7009. Enforcement
(a) In general
The Secretary may—
(1) administer and enforce this chapter and any regulations issued under this chapter;
(2) request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in the administration and enforcement of this chapter; and
(3) collect, utilize, and disclose such information as may be necessary to implement the Agreement and this chapter, subject to sections 552 and 552a of title 5.
(b) Prohibited acts
(c) Actions by the Secretary
(d) Penalties
(Pub. L. 109–479, title VI, § 610, Jan. 12, 2007, 120 Stat. 3648.)
§ 7010. Authorization of appropriations
There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out the obligations of the United States under the Agreement and this chapter.
(Pub. L. 109–479, title VI, § 611, Jan. 12, 2007, 120 Stat. 3649.)