2. GREAT LAKES FISHERY ACT OF 1956 Act of June 4, 1956 (70 Stat. 242; 16 U.S.C. 931-939c) SHORT TITLE SEC. 1. This Act may be cited as the "Great Lakes Fishery Act of 1956". Sec. 2. Definitions. TABLE OF CONTENTS Sec. 3. Commissioners; appointment. Sec. 4. Advisory Committee; appointment and number of members; meetings. Sec. 5. Conflict of interests statutes inapplicable. Sec. 6. Acquisition of real property; construction; agreements. Sec. 7. Secretary of Interior; authority. Sec. 8. United States Section as agency of United States. Sec. 9. Notice of proposals. Sec. 10. Transmission of recommendations. Sec. 11. Cooperation with other agencies. Sec. 12. State laws and regulations. Sec. 13. Appropriations. Sec. 14. Separability. DEFINITIONS SEC. 2. As used in this Act, 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. (June 4, 1956, c. 358, § 2, 70 Stat. 242.) COMMISSIONERS; APPOINTMENT SEC. 3. 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. (June 4, 1956, c. 358, § 3, 70 Stat. 242.) ADVISORY COMMITTEE; APPOINTMENT AND NUMBER OF MEMBERS; MEETINGS SEC. 4. (a) 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; (3) the sports fishing of the lake; and (4) the public at large. (b) 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) The members of the advisory committees shall receive no compensation from the Government of the United States for their services as such members. Not more than five members of all the committes, 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 each meeting of the Commission or of the United States Section. (d) 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. (June 4, 1956, c. 358, § 4, 70 Stat. 242.) CONFLICT OF INTERESTS STATUTES INAPPLICABLE SEC. 5. Service of any individual appointed as a United States Commissioner pursuant to section 3(b), or as a member of an advisory committee pursuant to section 4 (a), shall not be considered as service or employment bringing such individual within the provisions of sections 281, 283, 284, and 434 of Title 18, United States Code, and section 190 of the Revised Statutes (5 U.S.C. 99), except insofar as such provisions of law may prohibit any such individual from acting or receiving compensation in respect to matters directly relating to the Convention or this chapter. (June 4, 1956, c. 358, § 5, 70 Stat. 243.) ACQUISITION OF REAL PROPERTY; CONSTRUCTION; AGREEMENTS SEC. 6. 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. (June 4, 1956, c. 358, § 6, 70 Stat. 243.) SECRETARY OF INTERIOR; AUTHORITY SEC. 7. 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 act. (June 4, 1956, c. 358, § 7,70 Stat. 243.) UNITED STATES SECTION AS AGENCY OF UNITED STATES SEC. 8. The United States Section shall, for the purposes of these 1 provisions of Title 28, United States Code, relating to claims against the United States and tort claims procedure, be deemed to be an agency of the United States. (June 4, 1956, c. 358, § 8, 70 Stat. 243.) HISTORICAL NOTE Reference in Text.-Provisions of Title 28, relating to claims against the United States, referred to in the text, include sections 1346 (b), 2501 et seq., and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, U. S. Code. NOTICE OF PROPOSALS SEC. 9. 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. (June 4, 1956, c. 358, § 9, 70 Stat. 243.) TRANSMISSION OF RECOMMENDATIONS SEC. 10. 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. (June 4, 1956, c. 358, § 10, 70 Stat. 244.) 1 So in original. Probably should read "those". COOPERATION WITH OTHER AGENCIES SEC. 11. 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. (June 4, 1956, c. 358, § 11, 70 Stat. 244.) STATE LAWS AND REGULATIONS SEC. 12. Nothing in this Act 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 Act. (June 4, 1956, c. 358, § 12, 70 Stat. 244.) APPROPRIATIONS SEC. 13. 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 Act. (June 4, 1956, c. 358, § 13, 70 Stat. 244.) SEPARABILITY SEC. 14. If any provision of this Act 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. 3. NORTH PACIFIC FISHERIES ACT OF 1954 Act of August 12, 1954 (68 Stat. 698), as amended (16 U.S.C. 1021-1032) SHORT TITLE SECTION 1. This Act may be cited as the "North Pacific Fisheries Act of 1954". Sec. 2. Definitions. TABLE OF CONTENTS Sec. 3. Commissioners; appointment. Sec. 4. Advisory Committee; appointment; terms; sessions; meetings. Sec. 5. Conflict of interests statutes inapplicable. Sec. 6. Powers of President; acceptance or rejection of Commission's recommendations. Sec. 7. Cooperation with other agencies. Sec. 8. Enforcement; boarding and inspecting vessels. Sec. 9. Designation of enforcement officers. Sec. 10. Unlawful activities. Sec. 11. Penalties. Sec. 12. Applicability of Northwest Fisheries Act of 1950. Sec. 13. Appropriations. Sec. 14. Separability. DEFINITIONS SEC. 2. As used in this Act, the term— (a) "Convention" means the International Convention for the High Seas Fisheries of the North Pacific Ocean with a protocol relating thereto signed at Tokyo, May 9, 1952; (b) "Commission" means the International North Pacific Fisheries Commission provided for by article II of the Convention; (c) "United States Section" means the United States Commissoners to the Commission; (d) "Convention area" means all waters, other than territorial waters, of the North Pacific Ocean which for the purposes of this chapter shall include the adjacent seas; (e) "Fishing vessel" means any vessel engaged in catching fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities. (Aug. 12, 1954, c. 669, § 2, 68 Stat. 698.) COMMISSIONERS; APPOINTMENT SEC. 3. The United States shall be represented on the Commission by not more than four Commissioners to be appointed by the President, to serve as such during his pleasure, and to receive no compensation for their services as Commissioners. Of such Commissioners (a) one shall be an official of the United States Government; and (b) each of the others shall be a person residing in a State or Territory, the residents of which maintain a substantial fishery in the Convention area. (Aug. 12, 1954, c. 669, § 3, 68 Stat. 698.) |