541 



posed of not less than five nor more than fifteen 

 persons who shall be selected from the various 

 groups participating in the fisheries included under 

 the conventions, and (b) shall fix the terms of 

 office of the members of such committee, who shall 

 receive no compensation for their services as such 

 members. The advisory committee shall be invited 

 to attend all nonexecutive meetings of the United 

 States sections and shall be given full opportunity 

 to examine and to be heard on all proposed programs 

 of investigation, reports, recommendations, and reg- 

 ulations of the commissions. The advisory com- 

 mittee may attend all meetings of the international 

 commissions to which they are invited by such com- 

 missions. (Sept. 7, 1950, ch. 907, § 4, 64 Stat. 778.) 



§954. Repealed. Pub. L. 92-471, title II, § 203(b), Oct. 9. 

 1972, 86 Stat. 787. 



Section, act Sept. 7, 1950, ch. 907. § 5. 64 Stat. 778. 

 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 Organiza- 

 tion and Employees. 



§955. Secretary of State to act for United" States; 

 regulations; rulemaking procedure; prohibitions. 



(a) The Secretary of State is authorized to ap- 

 prove or disapprove, on behalf of the United States 

 Government, bylaws and rules, or amendments 

 thereof, adopted by each commission and submitted 

 for approval of the United States Government in 

 accordance with the provisions of the conventions, 

 and, with the concurrence of the Secretary of the 

 Interior, to approve or disapprove the general an- 

 nual programs of the commissions. The Secretary 

 of State is further authorized to receive, on behalf 

 of the United States Government, reports, requests, 

 recommendations, and other communications of the 

 commissions, and to take appropriate action thereon 

 either directly or by reference to the appropriate 

 authority. 



(b) Regulations recommended by each commis- 

 sion pursuant to the convention requiring the sub- 

 mission to the commission of records of operations 

 by boat captains or other persons who participate in 

 the fisheries covered by the convention, upon the 

 concurrent approval of the Secretary of State and 

 the Secretary of the Interior, shall be promulgated 

 by the latter and upon publication in the Federal 

 Register, shall be applicable to all vessels and per- 

 sons subject to the jurisdiction of the United States. 



(c) Regulations required to carry out recommen- 

 dations of the commission made pursuant to para- 

 graph 5 of article II of the Convention for the 

 Establishment of an Inter-American Tropical Tuna 

 Commission shall be promulgated as hereinafter 

 provided by the Secretary of the Interior upon ap- 

 proval of such recommendations by the Secretary 

 of State and the Secretary of the Interior. The 

 Secretary of the Interior shall cause to be published 

 in the Federal Register a general notice of proposed 

 rulemaking and shall afford interested persons an 

 opportunity to participate in the rulemaking 

 through (1) submission of written data, views, or 

 arguments, and (2) oral presentation at a public 



hearing. Such regulations shall be published in the 

 Federal Register and shall be accompanied by a 

 statement of the considerations involved in the issu- 

 ance of the regulations. After publication in the 

 Federal Register such regulations shall be applicable 

 to all vessels and persons subject to the jurisdiction 

 of the United States on such date as the Secretary of 

 the Interior shall prescribe, but in no event prior to 

 an agreed date for the application by all countries 

 whose vessels engage in fishing for species covered 

 by the convention in the regulatory area on a mean- 

 ingful scale, in terms of effect upon the success of 

 the conservation program, of effective measures for 

 the implementation of the commission's recommen- 

 dations applicable to all vessels and persons subject 

 to their respective jurisdictions. The Secretary of 

 the Interior shall suspend at any time the applica- 

 tion of any such regulations when, after consulta- 

 tion with the Secretary of State and the United 

 States Commissioners, he determines that foreign 

 fishing operations in the regulatory area are such 

 as to constitute a serious threat to the achievement 

 of the objectives of the commission's recommenda- 

 tions. The regulations thus promulgated may in- 

 clude the seleciion for regulation of one or more of 

 the species covered by the convention; the division 

 of the convention waters into areas; the establish- 

 ment of one or more open or closed seasons as to 

 each area: the limitation of the size of the flsh and 

 quantity of the catch which may be taken from 

 each area within any season during which fishing is 

 allowed ; the limitation or prohibition of the inci- 

 dental catch of a regulated species which may be 

 retained, taken, possessed, or landed by vessels or 

 persons fishing for other species of flsh; the requir- 

 ing of such clearance certificates for vessels as may 

 be necessary to carry out the purposes of the con- 

 vention and this chapter; and such other measures 

 incidental thereto as the Secretary of the Interior 

 may deem necessary to implement the recommenda- 

 tions of the commission: Provided, That upon the 

 promulgation of any such regulations the Secretary 

 of the Interior shall promulgate additional regula- 

 tions, with the concurrence of the Secretary of State, 

 which shall become effective simultaneously with the 

 application of the regulations hereinbefore referred 

 to (1) to prohibit the entry into the United States, 

 from any country when the vessels of such country 

 are being used in the conduct of fishing operations 

 in the regulatory area in such manner or in such 

 circumstances as would tend to diminish the effec- 

 tiveness of the conservation recommendations of the 

 commission, of fish in any form of those species 

 which are subject to regulation pursuant to a recom- 

 mendation of the commission and which were taken 

 from the regulatory area; and (2) to prohibit entry 

 into the United States, from any country, of fish in 

 any form of those species which are subject to regu- 

 lation pursuant to a recommendation of the com- 

 mission and which were taken from the regulatory 

 area by vessels other than those of such country in 

 such manner or in such circumstances as would tend 

 to diminish the effectiveness of the conservation 

 recommendations of the commission. In the case of 

 repeated and flagrant hsning operations in the regu- 



