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16 USC CHAPTER 56 - NORTH ATLANTIC SALMON FISHING 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 56 - NORTH ATLANTIC SALMON FISHING

.

-HEAD-

CHAPTER 56 - NORTH ATLANTIC SALMON FISHING

-MISC1-

Sec.

3601. Definitions.

3602. United States representation on Council and Commissions.

(a) Appointment and qualifications of Commissioners.

(b) Alternate Commissioners.

(c) Limited Federal employee status.

(d) Consultation with other parties.

3603. Receipt of Organization communications by Secretary of State.

(a) Concurrence with Secretaries of Commerce and the

Interior on regulatory measures; action on

other matters.

(b) Submission to President on failure of concurrence

on regulatory matters.

3604. Regulations and reports.

(a) Promulgation of regulations; implementation;

applicability.

(b) Preparation and submission of reports by certain

Secretaries.

3605. Cooperation with other agencies and institutions.

(a) Federal and State agencies; private institutions.

(b) Use of Federal facilities; reimbursement.

3606. Violations and penalties.

(a) Directed fishing for salmon; Convention, rules

and regulations.

(b) Civil and criminal penalties.

(c) Civil forfeiture of vessel.

3607. Enforcement.

3608. Authorization of appropriations.

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16 USC Sec. 3601 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 56 - NORTH ATLANTIC SALMON FISHING

-HEAD-

Sec. 3601. Definitions

-STATUTE-

As used in this chapter, the term -

(1) ''Act of 1976'' means the Act entitled ''An Act to provide

for the conservation and management of the fisheries, and for

other purposes'', approved April 13, 1976 (16 U.S.C. 1801 et

seq.);

(2) ''Commission'' means any of the Commissions of the

Organization that are established by the Convention;

(3) ''Commissioner'' means a United States Commissioner

appointed under section 3602 of this title;

(4) ''Convention'' means the Convention for the Conservation of

Salmon in the North Atlantic Ocean, signed at Reykjavik, Iceland,

on March 2, 1982;

(5) ''Council'' means the Council established by the

Convention;

(6) ''fishing'' has the same meaning as such term has in

section 3(10) (FOOTNOTE 1) of the Act of 1976 (16 U.S.C.

1802(10));

(FOOTNOTE 1) See References in Text note below.

(7) ''Organization'' means the North Atlantic Salmon

Conservation Organization established under the Convention;

(8) ''person'' has the same meaning as such term has in section

3(19) (FOOTNOTE 1) of the Act of 1976 (16 U.S.C. 1802(19)); and

(9) ''salmon'' means all species of salmon which migrate in or

into the waters of the Atlantic Ocean north of 36 degrees north

latitude.

-SOURCE-

(Pub. L. 97-389, title III, Sec. 302, Dec. 29, 1982, 96 Stat.

1951.)

-REFTEXT-

REFERENCES IN TEXT

An Act to provide for the conservation and management of the

fisheries, and for other purposes, approved April 13, 1976 (16

U.S.C. 1801 et seq.), referred to in par. (1), is Pub. L. 94-265,

Apr. 13, 1976, 90 Stat. 331, as amended, known as the

Magnuson-Stevens Fishery Conservation and Management Act, which is

classified principally to chapter 38 (Sec. 1801 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1801 of this title and

Tables.

Section 3 of the Act of 1976 (16 U.S.C. 1802), referred to in

pars. (6) and (8), was subsequently amended, and section 3(10) and

(19) no longer defines the terms ''fishing'' and ''person''.

However, such terms are defined elsewhere in that section.

-COD-

CODIFICATION

Section 3602 of this title, referred to in par. (3), was in the

original ''section 403 of this title'', meaning section 403 of

title III of Pub. L. 97-389, and has been translated as section

3602 of this title, section 303 of title III of Pub. L. 97-389, as

the probable intent of Congress, because title III of Pub. L.

97-389 does not contain a section 403 and section 3602 of this

title relates to appointment of a United States Commissioner.

-MISC3-

SHORT TITLE

Section 301 of title III of Pub. L. 97-389 provided: ''This title

(enacting this chapter) may be cited as the 'Atlantic Salmon

Convention Act of 1982'.''

Section 1 of Pub. L. 97-389 provided: ''That this Act (enacting

this chapter, amending sections 779b, 1034, and 1401 of this title

and sections 688 and 883 of Title 46, Appendix, Shipping, and

enacting provisions set out as notes under section 1823 of this

title and section 688 of Title 46, Appendix) may be cited as the

'Fisheries Amendments of 1982'.''

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16 USC Sec. 3602 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 56 - NORTH ATLANTIC SALMON FISHING

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Sec. 3602. United States representation on Council and Commissions

-STATUTE-

(a) Appointment and qualifications of Commissioners

The United States shall be represented on the Council and

Commissions by three United States Commissioners to be appointed by

the President to serve at his pleasure. Of such Commissioners, one

shall be an official of the United States Government, and two shall

be individuals (not officials of the United States Government) who

are knowledgeable or experienced concerning the conservation and

management of salmon of United States origin.

(b) Alternate Commissioners

The Secretary of State, in consultation with the Secretary of

Commerce and the Secretary of the Interior, may designate alternate

United States Commissioners. In the absence of a Commissioner

appointed under subsection (a) of this section, an alternate

Commissioner may exercise at any meeting of the Organization, the

Council, or any Commission all functions of such Commissioner.

(c) Limited Federal employee status

Individuals who serve as Commissioners and alternate

Commissioners shall not receive any compensation for such service.

Such individuals 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.

(d) Consultation with other parties

In carrying out their functions under the Convention, the

Commissioners may consult with the appropriate Regional Fishery

Management Councils established by section 302 of the Act of 1976

(16 U.S.C. 1852), and may consult with such other interested

parties as they consider appropriate. The Federal Advisory

Committee Act (5 U.S.C. App. et seq.) shall not apply to

consultations described in this subsection.

-SOURCE-

(Pub. L. 97-389, title III, Sec. 303, Dec. 29, 1982, 96 Stat. 1952;

Pub. L. 98-44, title I, Sec. 102(1), July 12, 1983, 97 Stat. 216.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act (5 U.S.C. App. et seq.),

referred to in subsec. (d), is Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, as amended, which is set out in the Appendix to Title 5,

Government Organization and Employees.

-MISC2-

AMENDMENTS

1983 - Subsec. (c). Pub. L. 98-44 substituted ''shall not be

considered'' for ''shall be considered''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3601 of this title.

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16 USC Sec. 3603 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 56 - NORTH ATLANTIC SALMON FISHING

-HEAD-

Sec. 3603. Receipt of Organization communications by Secretary of

State

-STATUTE-

(a) Concurrence with Secretaries of Commerce and the Interior on

regulatory measures; action on other matters

The Secretary of State may -

(1) receive, on behalf of the United States, reports, requests,

recommendations, proposals, and other communications of the

Organization and its subsidiary organs;

(2) with the concurrence of the Secretary of Commerce and the

Secretary of the Interior, approve, object to, or withdraw

objections to regulatory measures proposed in accordance with the

Convention; and

(3) act upon, or refer to other appropriate authority, any

communication referred to in paragraph (1) of this subsection

other than a proposed regulatory measure.

(b) Submission to President on failure of concurrence on regulatory

matters

If the concurrence required under subsection (a)(2) of this

section has not been obtained by the Secretary of State -

(1) regarding the approval of, or the objection to, a proposed

regulatory measure within forty-five days after the measure was

received on behalf of the United States; or

(2) regarding the withdrawal of an objection of the United

States to a proposed regulatory measure within forty-five days

after such withdrawal is proposed by the Secretary of State;

the Secretary of State shall submit the matter in disagreement,

together with a statement of the opposing positions, to the

President for timely disposition.

-SOURCE-

(Pub. L. 97-389, title III, Sec. 304, Dec. 29, 1982, 96 Stat.

1952.)

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16 USC Sec. 3604 01/06/03

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Sec. 3604. Regulations and reports

-STATUTE-

(a) Promulgation of regulations; implementation; applicability

The Secretary of Commerce, in cooperation with the Secretary of

the Interior and the Secretary of the department in which the Coast

Guard is operating, shall promulgate such regulations pursuant to

section 553 of title 5 as may be necessary to carry out the

purposes and objectives of the Convention and this chapter, and to

implement regulatory measures that are binding on the United States

under the Convention. Any such regulation may be made applicable,

as necessary, to all persons and all vessels subject to the

jurisdiction of the United States, wherever located.

(b) Preparation and submission of reports by certain Secretaries

The Secretary of Commerce, in cooperation with the Secretary of

the Interior, shall prepare all statements, reports, and

notifications, required by articles 14 and 15 of the Convention and

submit such documents to the Secretary of State for transmission to

the Organization.

-SOURCE-

(Pub. L. 97-389, title III, Sec. 305, Dec. 29, 1982, 96 Stat.

1953.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

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16 USC Sec. 3605 01/06/03

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CHAPTER 56 - NORTH ATLANTIC SALMON FISHING

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Sec. 3605. Cooperation with other agencies and institutions

-STATUTE-

(a) Federal and State agencies; private institutions

In carrying out the provisions of the Convention, the Secretary

of Commerce, in consultation with the Secretary of the Interior,

may arrange for the cooperation of agencies of the United States

and the States, and of private institutions and organizations.

(b) Use of Federal facilities; reimbursement

Appropriate agencies of the United States may cooperate in the

conduct of scientific and other programs, and may furnish

facilities and personnel, for the purposes of assisting the

Organization in carrying out its duties under the Convention. Such

agencies may accept reimbursement from the Organization for

providing such services, facilities, and personnel.

-SOURCE-

(Pub. L. 97-389, title III, Sec. 306, Dec. 29, 1982, 96 Stat.

1953.)

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16 USC Sec. 3606 01/06/03

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CHAPTER 56 - NORTH ATLANTIC SALMON FISHING

-HEAD-

Sec. 3606. Violations and penalties

-STATUTE-

(a) Directed fishing for salmon; Convention, rules and regulations

It is unlawful for any person, or any vessel, subject to the

jurisdiction of the United States -

(1) to conduct directed fishing for salmon in waters seaward of

twelve miles from the baselines from which the breadths of

territorial seas are measured, in waters of the Atlantic Ocean

north of 36 degrees north latitude; or

(2) to violate any provision of the Convention or this chapter,

or of any regulation promulgated under this chapter.

(b) Civil and criminal penalties

Any person who commits any act that is unlawful under subsection

(a) of this section shall -

(1) be liable to the United States for a civil penalty under

section 308 of the Act of 1976 (16 U.S.C. 1858) to the same

extent as if such act were an act prohibited under section 307 of

the Act of 1976 (16 U.S.C. 1857); and

(2) be guilty of an offense under section 309 of the Act of

1976 (16 U.S.C. 1859) to the same extent as if such act were an

act prohibited by section 307(1)(D), (E), (F), or (H) of the Act

of 1976 (16 U.S.C. 1857(1)(D), (E), (F), or (H)).

(c) Civil forfeiture of vessel

Any vessel used, and any fish (or the fair market value thereof)

taken or retained in any manner, in connection with or as the

result of the commission of an act which is unlawful under

subsection (a) of this section shall be subject to civil forfeiture

under section 310 of the Act of 1976 (16 U.S.C. 1860) to the same

extent as if such vessel was used in, or such fish was taken or

retained in connection with or as the result of, the commission of

an act prohibited by section 307 of the Act of 1976 (16 U.S.C.

1857).

-SOURCE-

(Pub. L. 97-389, title III, Sec. 307, Dec. 29, 1982, 96 Stat. 1953;

Pub. L. 98-44, title I, Sec. 102(2), July 12, 1983, 97 Stat. 216.)

-MISC1-

AMENDMENTS

1983 - Subsec. (c). Pub. L. 98-44 inserted provision that any

fish, or the fair market value thereof, taken or retained in

connection with or as the result of the commission of an act

unlawful under subsection (a) of this section shall be subject to

civil forfeitures under section 1860 of this title to the same

extent as if such fish was taken or retained in connection with or

as the result of the commission of an act prohibited by section

1857 of this title.

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16 USC Sec. 3607 01/06/03

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CHAPTER 56 - NORTH ATLANTIC SALMON FISHING

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Sec. 3607. Enforcement

-STATUTE-

The Secretary of Commerce and the Secretary of the department in

which the Coast Guard is operating shall enforce the provisions of

this chapter and any regulation issued under this chapter. For

purposes of such enforcement, such provisions and regulations shall

be considered to be provisions of the Act of 1976 (16 U.S.C. 1801

et seq.) to which section 311(a), (b), (c), and (d) of the Act of

1976 (16 U.S.C. 1861(a), (b), (c), and (d), respectively) apply.

-SOURCE-

(Pub. L. 97-389, title III, Sec. 308, Dec. 29, 1982, 96 Stat.

1953.)

-REFTEXT-

REFERENCES IN TEXT

For Act of 1976, referred to in text, see section 3601(1) of this

title and References in Text note set out under section 3601 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

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16 USC Sec. 3608 01/06/03

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CHAPTER 56 - NORTH ATLANTIC SALMON FISHING

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Sec. 3608. Authorization of appropriations

-STATUTE-

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 Commissioners and

alternative Commissioners in accordance with the Federal Travel

Regulation and sections 5701, 5702, 5704 through 5708, and 5731

of title 5; and

(2) the United States contribution to the Organization as

provided in Article 16 of the Convention, not to exceed $50,000

for fiscal year 1983, and not to exceed, for each succeeding

fiscal year, the amount assessed by the Organization for the

United States for such year.

-SOURCE-

(Pub. L. 97-389, title III, Sec. 309, Dec. 29, 1982, 96 Stat.

1954.)

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