§ 1445a. — Advisory Councils.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1445a]
TITLE 16--CONSERVATION
CHAPTER 32--MARINE SANCTUARIES
Sec. 1445a. Advisory Councils
(a) Establishment
The Secretary may establish one or more advisory councils (in this
section referred to as an ``Advisory Council'') to advise and make
recommendations to the Secretary regarding the designation and
management of national marine sanctuaries. The Advisory Councils shall
be exempt from the Federal Advisory Committee Act.
(b) Membership
Members of the Advisory Councils may be appointed from among--
(1) persons employed by Federal or State agencies with expertise
in management of natural resources;
(2) members of relevant Regional Fishery Management Councils
established under section 1852 of this title; and
(3) representatives of local user groups, conservation and other
public interest organizations, scientific organizations, educational
organizations, or others interested in the protection and multiple
use management of sanctuary resources.
(c) Limits on membership
For sanctuaries designated after November 4, 1992, the membership of
Advisory Councils shall be limited to no more than 15 members.
(d) Staffing and assistance
The Secretary may make available to an Advisory Council any staff,
information, administrative services, or assistance the Secretary
determines are reasonably required to enable the Advisory Council to
carry out its functions.
(e) Public participation and procedural matters
The following guidelines apply with respect to the conduct of
business meetings of an Advisory Council:
(1) Each meeting shall be open to the public, and interested
persons shall be permitted to present oral or written statements on
items on the agenda.
(2) Emergency meetings may be held at the call of the chairman
or presiding officer.
(3) Timely notice of each meeting, including the time, place,
and agenda of the meeting, shall be published locally and in the
Federal Register, except that in the case of a meeting of an
Advisory Council established to provide assistance regarding any
individual national marine sanctuary the notice is not required to
be published in the Federal Register.
(4) Minutes of each meeting shall be kept and contain a summary
of the attendees and matters discussed.
(Pub. L. 92-532, title III, Sec. 315, as added Pub. L. 102-587, title
II, Sec. 2112, Nov. 4, 1992, 106 Stat. 5046; amended Pub. L. 104-283,
Secs. 5, 9(f), Oct. 11, 1996, 110 Stat. 3363, 3368; Pub. L. 106-513,
Secs. 16, 19(b)(5), Nov. 13, 2000, 114 Stat. 2391, 2393.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (a), 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.
Amendments
2000--Subsec. (a). Pub. L. 106-513, Sec. 16, substituted ``advise
and make recommendations'' for ``provide assistance''.
Subsec. (b)(2). Pub. L. 106-513, Sec. 19(b)(5), made technical
amendment to reference in original act which appears in text as
reference to section 1852 of this title.
1996--Pub. L. 104-283, Sec. 9(f), made technical amendment to
directory language of Pub. L. 102-587, Sec. 2112, which added this
section.
Subsec. (e)(3). Pub. L. 104-283, Sec. 5, inserted before period at
end ``, except that in the case of a meeting of an Advisory Council
established to provide assistance regarding any individual national
marine sanctuary the notice is not required to be published in the
Federal Register''.
