Page:United States Statutes at Large Volume 109 Part 1.djvu/394

 109 STAT. 378 PUBLIC LAW 104-43—NOV. 3, 1995 (A) The Secretary may not appoint an individual as a Representative unless the individual is knowledgeable and experienced concerning the scientific issues dealt with by the Scientific Council. (B) The Secretary shall appoint as a Representative at least 1 individual who is an official of the Government. (3) TERM.— An individual appointed as a Representative— (A) shall serve for a term of not to exceed 4 years, as specified by the Secretary at the time of appointment; (B) may be reappointed; and (C) shall serve at the pleasure of the Secretary. (d) ALTERNATE REPRESENTATIVES.— (1) APPOINTMENT. — The Secretary may, for any anticipated absence of a duly appointed Representative at a meeting of the Scientific Council, designate an individual to serve as an Alternate Representative. (2) FUNCTIONS.— An Alternate Representative may exercise all powers and perform all duties of the Representative for whom the Alternate Representative is designated, at any meeting of the Scientific Council for which the Alternate Representative is designated. (e) EXPERTS AND ADVISERS.— The Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives may be accompanied at meetings of the Organization by experts and advisers. (f) COORDINATION AND CONSULTATION. — (1) IN GENERAL.— In carrying out their functions under the Convention, Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives shall— (A) coordinate with the appropriate Regional Fishery Management Councils established by section 302 of the Magnuson Act (16 U.S.C. 1852); and (B) consult with the committee established under section 208. (2) RELATIONSHIP TO OTHER LAW.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to coordination and consultations under this subsection. 16 USC 5602. SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE. (a) RESTRICTION.— The Representatives may not make a request or specification described in subsection (b)(1) or (2), respectively, unless the Representatives have first— (1) consulted with the appropriate Regional Fishery Management Councils; and (2) received the consent of the Commissioners for that action. (b) REQUESTS AND TERMS OF REFERENCE DESCRIBED. — The requests and specifications referred to in subsection (a) are, respectively— (1) any request, under Article VII(l) of the Convention, that the Scientific Council consider and report on a question pertaining to the scientific basis for the management and conservation of fishery resources in waters under the jurisdiction of the United States within the Convention Area; and (2) any specification, under Article VIII(2) of the Convention, of the terms of reference for the consideration of a question

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