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16 USC CHAPTER 15A - GREAT LAKES FISHERIES 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 15A - GREAT LAKES FISHERIES

.

-HEAD-

CHAPTER 15A - GREAT LAKES FISHERIES

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Sec.

931. Definitions.

932. Commissioners; appointment, number, and compensation; term of

office; vacancy.

933. Advisory Committee.

(a) Appointment and number of members; factors in

selection.

(b) Membership on other committees.

(c) Compensation.

(d) Meetings.

934. Repealed.

935. Acquisition of real property; construction and operation of

lamprey control works; entry into agreements for construction and

operation of works.

936. Secretary of the Interior; authority to transfer lamprey

control projects and act on behalf of United States Section.

937. United States Section as agency of United States.

938. Notice of proposals.

939. Transmission of recommendations.

939a. Cooperation with other agencies.

939b. State laws and regulations.

939c. Authorization of appropriations.

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16 USC Sec. 931 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 15A - GREAT LAKES FISHERIES

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Sec. 931. Definitions

-STATUTE-

As used in this chapter, the term -

(a) ''Convention'' means the Convention on Great Lakes Fisheries

between the United States of America and Canada signed at

Washington, September 10, 1954;

(b) ''Commission'' means the Great Lakes Fishery Commission

provided for by article II of the convention;

(c) ''United States Section'' means the United States

Commissioners on the Commission;

(d) ''Great Lakes State'' means any of the following States:

Illinois, Indiana, Michigan, Minnesota, New York, Ohio,

Pennsylvania, or Wisconsin;

(e) ''Great Lakes'' means any of the following bodies of water:

Lake Ontario (including the Saint Lawrence River from Lake Ontario

to the forty-fifth parallel of latitude), Lake Erie, Lake Huron

(including Lake Saint Clair), Lake Michigan, or Lake Superior.

-SOURCE-

(June 4, 1956, ch. 358, Sec. 2, 70 Stat. 242.)

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SHORT TITLE

Section 1 of act June 4, 1956, provided: ''That this Act

(enacting this chapter) may be cited as the 'Great Lakes Fishery

Act of 1956'.''

SEPARABILITY

Section 14 of act June 4, 1956, provided that: ''If any provision

of this Act (this chapter) or the application of such provision to

any circumstances or persons shall be held invalid, the validity of

the remainder of the Act and the applicability of such provision to

other circumstances or persons shall not be affected thereby''.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 1962d-22.

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16 USC Sec. 932 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 15A - GREAT LAKES FISHERIES

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Sec. 932. Commissioners; appointment, number, and compensation;

term of office; vacancy

-STATUTE-

(a)(1) The United States shall be represented on the Commission

by 4 Commissioners who shall be appointed by the President and who

may not receive compensation for service as Commissioners. Of the

Commissioners -

(A) 1 shall be an official of the United States Government; and

(B) 3 shall be individuals who reside in different Great Lakes

States and who are knowledgeable regarding the fisheries of the

Great Lakes, except that 1 of them must also be an official of

(FOOTNOTE 1) Great Lakes State.

(FOOTNOTE 1) So in original. Probably should be followed by

''a''.

(2) The President shall appoint an alternate Commissioner who

shall perform the duties of a Commissioner -

(A) until a vacancy referred to in subsection (b)(3) of this

section is filled; and

(B) in the event of the absence of a Commissioner from any

meeting of the United States Section or the Commission.

(3) 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.

(b)(1) Except as provided in paragraph (2), the term of office of

Commissioners appointed under subsection (a)(1)(B) of this section

is 6 years.

(2) Of the Commissioners first appointed under subsection

(a)(1)(B) of this section after November 14, 1986, 1 shall be

appointed for a term of 2 years, 1 shall be appointed for a term of

4 years, and 1 shall be appointed for a term of 6 years.

(3) Whenever a vacancy occurs among Commissioners appointed under

subsection (a)(1)(B) of this section, the President shall appoint

an individual to fill that vacancy for the remainder of the

applicable term.

-SOURCE-

(June 4, 1956, ch. 358, Sec. 3, 70 Stat. 242; Pub. L. 99-659, title

IV, Sec. 405(a), Nov. 14, 1986, 100 Stat. 3737; Pub. L. 106-562,

title III, Sec. 301, Dec. 23, 2000, 114 Stat. 2806.)

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AMENDMENTS

2000 - Subsec. (a)(3). Pub. L. 106-562 added par. (3).

1986 - Pub. L. 99-659 amended section generally. Prior to

amendment, section read as follows: ''The United States shall be

represented on the Commission by three Commissioners to be

appointed by the President, to serve as such during his pleasure,

and to receive no compensation for their services as such

Commissioners. Of such Commissioners -

''(a) one shall be an official of the United States Government;

and

''(b) two shall be persons residing in Great Lakes States, duly

qualified by reason of knowledge of the fisheries of the Great

Lakes, of whom one shall be an official of a Great Lakes State:

Provided, however, That the Commissioners appointed under this

subsection shall not be residents of the same State.''

TERMINATION AND TRANSITIONAL SERVICE OF INCUMBENT COMMISSIONERS

Section 405(b) of Pub. L. 99-659 provided that: ''The term of

office of each United States Commissioner on the Great Lakes

Fishery Commission who is serving on the date of enactment of this

Act (Nov. 14, 1986) is terminated (except the United States

Government official appointed under section 3(a) of the Great Lakes

Fishery Act of 1956 (16 U.S.C. 932(a), as in effect before the date

of enactment). However, the individuals appointed to those terms

shall continue to serve as Commissioners until the President makes

appointments under section 3(b)(2) of the Act of 1956 (as added by

subsection (a)), which appointments shall be made within 60 days

after the date of enactment.''

ALTERNATE UNITED STATES COMMISSIONERS

Secretary of State authorized to designate Alternate United

States Commissioners, see sections 2672a and 2672b of Title 22,

Foreign Relations and Intercourse.

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16 USC Sec. 933 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 15A - GREAT LAKES FISHERIES

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Sec. 933. Advisory Committee

-STATUTE-

(a) Appointment and number of members; factors in selection

The United States Section shall appoint an advisory committee for

each of the Great Lakes, upon which committee each State bordering

on the lake may be represented by not more than four members. In

making such appointments, the United States Section shall make its

selection for each State from a list proposed by the Governor of

that State; and shall give due consideration to the interests of -

(1) State agencies having jurisdiction over fisheries;

(2) the commercial fishing industry of the lake;

(3) the sports fishing of the lake; and

(4) the public at large.

(b) Membership on other committees

A member of the advisory committee for one lake may also be a

member of the advisory committee for one or more other lakes.

(c) Compensation

The members of the advisory committee shall receive no

compensation from the Government of the United States for their

services as such members. Not more than ten members of all the

committees, designated by the committees and approved by the United

States Section, may be paid by the Government of the United States

for transportation expenses and per diem incident to attendance at

the annual meeting of the Commission or of the United States

Section.

(d) Meetings

The members of the advisory committee for each lake shall be

invited to attend all nonexecutive meetings of the United States

Section relating to that lake and at such meetings shall be granted

opportunity to examine and be heard on all proposed

recommendations, programs, and activities relating to that lake.

-SOURCE-

(June 4, 1956, ch. 358, Sec. 4, 70 Stat. 242; Pub. L. 107-228,

div. A, title II, Sec. 208, Sept. 30, 2002, 116 Stat. 1364.)

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AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-228, which directed the

substitution of ''ten'' for ''five'' and ''the annual'' for

''each'' in subsec. (c) of section 4 of the Great Lakes Fisheries

Act of 1956, was executed by making the substitutions in subsec.

(c) of this section, which is section 4 of the Great Lakes Fishery

Act of 1956, to reflect the probable intent of Congress.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. See section

14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the

Appendix to Title 5, Government Organization and Employees.

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16 USC Sec. 934 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 15A - GREAT LAKES FISHERIES

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Sec. 934. Repealed. Pub. L. 92-471, title II, Sec. 203(a), Oct. 9,

1972, 86 Stat. 787

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Section, act June 4, 1956, ch. 358, Sec. 5, 70 Stat. 243,

provided that service of individuals appointed as United States

Commissioners shall not be treated as service for the purposes of

certain sections of Title 18, Crimes and Criminal Procedure, and

Title 5, Government Organization and Employees.

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16 USC Sec. 935 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 15A - GREAT LAKES FISHERIES

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Sec. 935. Acquisition of real property; construction and operation

of lamprey control works; entry into agreements for

construction and operation of works

-STATUTE-

In order to carry out the obligations of the United States under

the Convention, the United States Section is authorized -

(a) to acquire any real property, or any interest therein, by

purchase, exchange, gift, dedication, condemnation, or otherwise;

(b) to construct, operate, and maintain any project or works

designed to facilitate compliance with the provisions of the

Convention relating to the sea lamprey control program; and

(c) to enter into contract or agreement with any State or other

public agency or private agency or individual for the

construction, operation, or maintenance of any such project or

works.

-SOURCE-

(June 4, 1956, ch. 358, Sec. 6, 70 Stat. 243.)

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UNITED STATES FISH AND WILDLIFE SERVICE; WORK ON SEA LAMPREY

PROGRAM; REIMBURSEMENTS

Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1918, provided

in part that: ''beginning October 1, 1990, and thereafter, the

United States Fish and Wildlife Service can perform work for the

Great Lakes Fishery Commission, authorized by 16 U.S.C. 931-939c,

Great Lakes Fisheries (Fishery) Act of 1956, on the sea lamprey

program on a reimbursable basis: Provided further, That such

reimbursements are to be treated as Intragovernmental funds as

defined in the publication titled 'A Glossary of Terms Used in the

Federal Budget Process'.''

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16 USC Sec. 936 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 15A - GREAT LAKES FISHERIES

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Sec. 936. Secretary of the Interior; authority to transfer lamprey

control projects and act on behalf of United States Section

-STATUTE-

The Secretary of the Interior is authorized, upon the request of

the United States Section -

(a) to transfer to the United States Section any lamprey

control project or works under his jurisdiction now existing or

now under construction; and

(b) to act for or on behalf of the United States Section in the

exercise of the powers granted by this chapter.

-SOURCE-

(June 4, 1956, ch. 358, Sec. 7, 70 Stat. 243.)

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16 USC Sec. 937 01/06/03

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CHAPTER 15A - GREAT LAKES FISHERIES

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Sec. 937. United States Section as agency of United States

-STATUTE-

The United States Section shall, for the purposes of these

(FOOTNOTE 1) provisions of title 28, relating to claims against the

United States and tort claims procedure, be deemed to be an agency

of the United States.

(FOOTNOTE 1) So in original. Probably should be ''those''.

-SOURCE-

(June 4, 1956, ch. 358, Sec. 8, 70 Stat. 243.)

-REFTEXT-

REFERENCES IN TEXT

Provisions of title 28, relating to claims against the United

States, referred to in text, include sections 1346(b), 2501 et

seq., and 2671 et seq., of Title 28, Judiciary and Judicial

Procedure.

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16 USC Sec. 938 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 15A - GREAT LAKES FISHERIES

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Sec. 938. Notice of proposals

-STATUTE-

At least thirty days before approving a proposal to utilize a

lamprey control measure or install a device in any stream, the

United States Section shall cause notice of such proposal to be

sent to the official agency having jurisdiction over fisheries in

each of the States through which the stream flows.

-SOURCE-

(June 4, 1956, ch. 358, Sec. 9, 70 Stat. 243.)

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16 USC Sec. 939 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 15A - GREAT LAKES FISHERIES

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Sec. 939. Transmission of recommendations

-STATUTE-

The Secretary of State shall upon the receipt from the Commission

of any recommendation of a conservation measure made in accordance

with article IV of the Convention transmit a copy of the

recommendation with his comments thereon to the Governor of each

Great Lakes State for consideration and such action as may be found

to be appropriate. The Secretary of State shall also inform such

other public agencies as he may deem appropriate.

-SOURCE-

(June 4, 1956, ch. 358, Sec. 10, 70 Stat. 244.)

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16 USC Sec. 939a 01/06/03

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CHAPTER 15A - GREAT LAKES FISHERIES

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Sec. 939a. Cooperation with other agencies

-STATUTE-

Any agency of the United States Government is authorized to

cooperate with the United States Section in the conduct of research

programs and related activities and, on a reimbursable or other

basis, to enter into agreements with the United States Section for

the purpose of assisting it in carrying out the program for the

control of lamprey populations.

-SOURCE-

(June 4, 1956, ch. 358, Sec. 11, 70 Stat. 244.)

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16 USC Sec. 939b 01/06/03

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Sec. 939b. State laws and regulations

-STATUTE-

Nothing in this chapter shall be construed as preventing any of

the Great Lakes States from making or enforcing laws or regulations

within their respective jurisdictions so far as such laws or

regulations do not conflict with the Convention or this chapter.

-SOURCE-

(June 4, 1956, ch. 358, Sec. 12, 70 Stat. 244.)

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16 USC Sec. 939c 01/06/03

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Sec. 939c. Authorization of appropriations

-STATUTE-

There is hereby 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.

-SOURCE-

(June 4, 1956, ch. 358, Sec. 13, 70 Stat. 244.)

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