§ 1852. — Regional Fishery Management 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: 16USC1852]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER IV--NATIONAL FISHERY MANAGEMENT PROGRAM
Sec. 1852. Regional Fishery Management Councils
(a) Establishment
(1) There shall be established, within 120 days after April 13,
1976, eight Regional Fishery Management Councils, as follows:
(A) New England Council
The New England Fishery Management Council shall consist of the
States of Maine, New Hampshire, Massachusetts, Rhode Island, and
Connecticut and shall have authority over the fisheries in the
Atlantic Ocean seaward of such States (except as provided in
paragraph (3)). The New England Council shall have 18 voting
members, including 12 appointed by the Secretary in accordance with
subsection (b)(2) of this section (at least one of whom shall be
appointed from each such State).
(B) Mid-Atlantic Council
The Mid-Atlantic Fishery Management Council shall consist of the
States of New York, New Jersey, Delaware, Pennsylvania, Maryland,
Virginia, and North Carolina and shall have authority over the
fisheries in the Atlantic Ocean seaward of such States (except North
Carolina, and as provided in paragraph (3)). The Mid-Atlantic
Council shall have 21 voting members, including 13 appointed by the
Secretary in accordance with subsection (b)(2) of this section (at
least one of whom shall be appointed from each such State).
(C) South Atlantic Council
The South Atlantic Fishery Management Council shall consist of
the States of North Carolina, South Carolina, Georgia, and Florida
and shall have authority over the fisheries in the Atlantic Ocean
seaward of such States (except as provided in paragraph (3)). The
South Atlantic Council shall have 13 voting members, including 8
appointed by the Secretary in accordance with subsection (b)(2) of
this section (at least one of whom shall be appointed from each such
State).
(D) Caribbean Council
The Caribbean Fishery Management Council shall consist of the
Virgin Islands and the Commonwealth of Puerto Rico and shall have
authority over the fisheries in the Caribbean Sea and Atlantic Ocean
seaward of such States (except as provided in paragraph (3)). The
Caribbean Council shall have 7 voting members, including 4 appointed
by the Secretary in accordance with subsection (b)(2) of this
section (at least one of whom shall be appointed from each such
State).
(E) Gulf Council
The Gulf of Mexico Fishery Management Council shall consist of
the States of Texas, Louisiana, Mississippi, Alabama, and Florida
and shall have authority over the fisheries in the Gulf of Mexico
seaward of such States (except as provided in paragraph (3)). The
Gulf Council shall have 17 voting members, including 11 appointed by
the Secretary in accordance with subsection (b)(2) of this section
(at least one of whom shall be appointed from each such State).
(F) Pacific Council
The Pacific Fishery Management Council shall consist of the
States of California, Oregon, Washington, and Idaho and shall have
authority over the fisheries in the Pacific Ocean seaward of such
States. The Pacific Council shall have 14 voting members, including
8 appointed by the Secretary in accordance with subsection (b)(2) of
this section (at least one of whom shall be appointed from each such
State), and including one appointed from an Indian tribe with
Federally \1\ recognized fishing rights from California, Oregon,
Washington, or Idaho in accordance with subsection (b)(5) of this
section.
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\1\ So in original. Probably should not be capitalized.
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(G) North Pacific Council
The North Pacific Fishery Management Council shall consist of
the States of Alaska, Washington, and Oregon and shall have
authority over the fisheries in the Arctic Ocean, Bering Sea, and
Pacific Ocean seaward of Alaska. The North Pacific Council shall
have 11 voting members, including 7 appointed by the Secretary in
accordance with subsection (b)(2) of this section (5 of whom shall
be appointed from the State of Alaska and 2 of whom shall be
appointed from the State of Washington).
(H) Western Pacific Council
The Western Pacific Fishery Management Council shall consist of
the States of Hawaii, American Samoa, Guam, and the Northern Mariana
Islands and shall have authority over the fisheries in the Pacific
Ocean seaward of such States and of the Commonwealths, territories,
and possessions of the United States in the Pacific Ocean area. The
Western Pacific Council shall have 13 voting members, including 8
appointed by the Secretary in accordance with subsection (b)(2) of
this section (at least one of whom shall be appointed from each of
the following States: Hawaii, American Samoa, Guam, and the Northern
Mariana Islands).
(2) Each Council shall reflect the expertise and interest of the
several constituent States in the ocean area over which such Council is
granted authority.
(3) The Secretary shall have authority over any highly migratory
species fishery that is within the geographical area of authority of
more than one of the following Councils: New England Council, Mid-
Atlantic Council, South Atlantic Council, Gulf Council, and Caribbean
Council.
(b) Voting members
(1) The voting members of each Council shall be:
(A) The principal State official with marine fishery management
responsibility and expertise in each constituent State, who is
designated as such by the Governor of the State, so long as the
official continues to hold such position, or the designee of such
official.
(B) The regional director of the National Marine Fisheries
Service for the geographic area concerned, or his designee, except
that if two such directors are within such geographical area, the
Secretary shall designate which of such directors shall be the
voting member.
(C) The members required to be appointed by the Secretary in
accordance with paragraphs (2) and (5).
(2)(A) The members of each Council required to be appointed by the
Secretary must be individuals who, by reason of their occupational or
other experience, scientific expertise, or training, are knowledgeable
regarding the conservation and management, or the commercial or
recreational harvest, of the fishery resources of the geographical area
concerned. Within nine months after November 28, 1990, the Secretary
shall, by regulation, prescribe criteria for determining whether an
individual satisfies the requirements of this subparagraph.
(B) The Secretary, in making appointments under this section, shall,
to the extent practicable, ensure a fair and balanced apportionment, on
a rotating or other basis, of the active participants (or their
representatives) in the commercial and recreational fisheries under the
jurisdiction of the Council. On January 31, 1991, and each year
thereafter, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Merchant
Marine and Fisheries of the House of Representatives a report on the
actions taken by the Secretary to ensure that such fair and balanced
apportionment is achieved. The report shall--
(i) list the fisheries under the jurisdiction of each Council,
outlining for each fishery the type and quantity of fish harvested,
fishing and processing methods employed, the number of participants,
the duration and range of the fishery, and other distinguishing
characteristics;
(ii) assess the membership of each Council in terms of the
apportionment of the active participants in each such fishery; and
(iii) state the Secretary's plans and schedule for actions to
achieve a fair and balanced apportionment on the Council for the
active participants in any such fishery.
(C) The Secretary shall appoint the members of each Council from a
list of individuals submitted by the Governor of each applicable
constituent State. A Governor may not submit the names of individuals to
the Secretary for appointment unless the Governor has determined that
each such individual is qualified under the requirements of subparagraph
(A) and unless the Governor has, to the extent practicable, first
consulted with representatives of the commercial and recreational
fishing interests of the State regarding those individuals. Each such
list shall include the names and pertinent biographical data of not less
than three individuals for each applicable vacancy and shall be
accompanied by a statement by the Governor explaining how each such
individual meets the requirements of subparagraph (A). The Secretary
shall review each list submitted by a Governor to ascertain if the
individuals on the list are qualified for the vacancy on the basis of
such requirements. If the Secretary determines that any individual is
not qualified, the Secretary shall notify the appropriate Governor of
that determination. The Governor shall then submit a revised list or
resubmit the original list with an additional explanation of the
qualifications of the individual in question. An individual is not
eligible for appointment by the Secretary until that individual complies
with the applicable financial disclosure requirements under subsection
(k) \2\ of this section.
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(D) Whenever the Secretary makes an appointment to a Council, the
Secretary shall make a public announcement of such appointment not less
than 45 days before the first day on which the individual is to take
office as a member of the Council.
(3) Each voting member appointed to a Council by the Secretary in
accordance with paragraphs (2) and (5) shall serve for a term of 3
years; except that the Secretary may designate a shorter term if
necessary to provide for balanced expiration to terms of office. No
member appointed after January 1, 1986, may serve more than three
consecutive terms. Any term in which an individual was appointed to
replace a member who left office during the term shall not be counted in
determining the number of consecutive terms served by that Council
member.
(4) Successors to the voting members of any Council shall be
appointed in the same manner as the original voting members. Any
individual appointed to fill a vacancy occurring prior to the expiration
of any term of office shall be appointed for the remainder of that term.
(5)(A) The Secretary shall appoint to the Pacific Council one
representative of an Indian tribe with Federally \3\ recognized fishing
rights from California, Oregon, Washington, or Idaho from a list of not
less than 3 individuals submitted by the tribal governments. The
Secretary, in consultation with the Secretary of the Interior and tribal
governments, shall establish by regulation the procedure for submitting
a list under this subparagraph.
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(B) Representation shall be rotated among the tribes taking into
consideration--
(i) the qualifications of the individuals on the list referred
to in subparagraph (A),
(ii) the various rights of the Indian tribes involved and
judicial cases that set forth how those rights are to be exercised,
and
(iii) the geographic area in which the tribe of the
representative is located.
(C) A vacancy occurring prior to the expiration of any term shall be
filled in the same manner as set out in subparagraphs (A) and (B),
except that the Secretary may use the list from which the vacating
representative was chosen.
(6) The Secretary may remove for cause any member of a Council
required to be appointed by the Secretary in accordance with paragraphs
\4\ (2) or (5) if--
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\4\ So in original. Probably should be ``paragraph''.
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(A) the Council concerned first recommends removal by not less
than two-thirds of the members who are voting members and submits
such removal recommendation to the Secretary in writing together
with a statement of the basis for the recommendation; or
(B) the member is found by the Secretary, after notice and an
opportunity for a hearing in accordance with section 554 of title 5,
to have committed an act prohibited by section 1857(1)(O) of this
title.
(c) Nonvoting members
(1) The nonvoting members of each Council shall be:
(A) The regional or area director of the United States Fish and
Wildlife Service for the geographical area concerned, or his
designee.
(B) The Commander of the Coast Guard district for the
geographical area concerned, or his designee; except that, if two
Coast Guard districts are within such geographical area, the
commander designated for such purpose by the commandant of the Coast
Guard.
(C) The executive director of the Marine Fisheries Commission
for the geographical area concerned, if any, or his designee.
(D) One representative of the Department of State designated for
such purpose by the Secretary of State, or his designee.
(2) The Pacific Council shall have one additional nonvoting member
who shall be appointed by, and serve at the pleasure of, the Governor of
Alaska.
(d) Compensation and expenses
The voting members of each Council who are required to be appointed
by the Secretary and who are not employed by the Federal Government or
any State or local government, shall receive compensation at the daily
rate for GS-15, step 7 of the General Schedule, when engaged in the
actual performance of duties for such Council. The voting members of
each Council, any nonvoting member described in subsection (c)(1)(C) of
this section, and the nonvoting member appointed pursuant to subsection
(c)(2) of this section shall be reimbursed for actual expenses incurred
in the performance of such duties, and other nonvoting members and
Council staff members may be reimbursed for actual expenses.
(e) Transaction of business
(1) A majority of the voting members of any Council shall constitute
a quorum, but one or more such members designated by the Council may
hold hearings. All decisions of any Council shall be by majority vote of
the voting members present and voting.
(2) The voting members of each Council shall select a Chairman for
such Council from among the voting members.
(3) Each Council shall meet at appropriate times and places in any
of the constituent States of the Council at the call of the Chairman or
upon the request of a majority of its voting members.
(4) If any voting member of a Council disagrees with respect to any
matter which is transmitted to the Secretary by such Council, such
member may submit a statement to the Secretary setting forth the reasons
for such disagreement. The regional director of the National Marine
Fisheries Service serving on the Council, or the regional director's
designee, shall submit such a statement, which shall be made available
to the public upon request, if the regional director disagrees with any
such matter.
(5) At the request of any voting member of a Council, the Council
shall hold a roll call vote on any matter before the Council. The
official minutes and other appropriate records of any Council meeting
shall identify all roll call votes held, the name of each voting member
present during each roll call vote, and how each member voted on each
roll call vote.
(f) Staff and administration
(1) Each Council may appoint, and assign duties to, an executive
director and such other full- and part-time administrative employees as
the Secretary determines are necessary to the performance of its
functions.
(2) Upon the request of any Council, and after consultation with the
Secretary, the head of any Federal agency is authorized to detail to
such Council, on a reimbursable basis, any of the personnel of such
agency, to assist such Council in the performance of its functions under
this chapter.
(3) The Secretary shall provide to each Council such administrative
and technical support services as are necessary for the effective
functioning of such Council.
(4) The Administrator of General Services shall furnish each Council
with such offices, equipment, supplies, and services as he is authorized
to furnish to any other agency or instrumentality of the United States.
(5) The Secretary and the Secretary of State shall furnish each
Council with relevant information concerning foreign fishing and
international fishery agreements.
(6) Each Council shall determine its organization, and prescribe its
practices and procedures for carrying out its functions under this
chapter, in accordance with such uniform standards as are prescribed by
the Secretary. The procedures of a Council, and of its scientific and
statistical committee and advisory panels established under subsection
(g) of this section, must be consistent with the procedural guidelines
set forth in subsection (i)(2) of this section. Each Council shall
publish and make available to the public a statement of its
organization, practices, and procedures.
(7) The Secretary shall pay--
(A) the compensation and expenses provided for in subsection (d)
of this section;
(B) appropriate compensation to employees appointed under
paragraph (1);
(C) the amounts required for reimbursement of other Federal
agencies under paragraphs (2) and (4);
(D) the actual expenses of the members of the committees and
panels established under subsection (g) of this section; and
(E) such other costs as the Secretary determines are necessary
to the performance of the functions of the Councils.
(g) Committees and panels
(1) Each Council shall establish and maintain, and appoint the
members of, a scientific and statistical committee to assist it in the
development, collection, and evaluation of such statistical, biological,
economic, social, and other scientific information as is relevant to
such Council's development and amendment of any fishery management plan.
(2) Each Council shall establish such other advisory panels as are
necessary or appropriate to assist it in carrying out its functions
under this chapter.
(3)(A) Each Council shall establish and maintain a fishing industry
advisory committee which shall provide information and recommendations
on, and assist in the development of, fishery management plans and
amendments to such plans.
(B) Appointments to a committee established under subparagraph (A)
shall be made by each Council in such a manner as to provide fair
representation to commercial fishing interests in the geographical area
of authority of the Council.
(4) The Secretary shall establish advisory panels to assist in the
collection and evaluation of information relevant to the development of
any fishery management plan or plan amendment for a fishery to which
subsection (a)(3) of this section applies. Each advisory panel shall
participate in all aspects of the development of the plan or amendment;
be balanced in its representation of commercial, recreational, and other
interests; and consist of not less than 7 individuals who are
knowledgeable about the fishery for which the plan or amendment is
developed, selected from among--
(A) members of advisory committees and species working groups
appointed under Acts implementing relevant international fishery
agreements pertaining to highly migratory species; and
(B) other interested persons.
(5) Decisions and recommendations made by committees and panels
established under this subsection shall be considered to be advisory in
nature.
(h) Functions
Each Council shall, in accordance with the provisions of this
chapter--
(1) for each fishery under its authority that requires
conservation and management, prepare and submit to the Secretary (A)
a fishery management plan, and (B) amendments to each such plan that
are necessary from time to time (and promptly whenever changes in
conservation and management measures in another fishery
substantially affect the fishery for which such plan was developed);
(2) prepare comments on any application for foreign fishing
transmitted to it under section 1824(b)(4)(C) of this title or
section 1824(d) of this title, and any fishery management plan or
amendment transmitted to it under section 1854(c)(4) of this title;
(3) conduct public hearings, at appropriate times and in
appropriate locations in the geographical area concerned, so as to
allow all interested persons an opportunity to be heard in the
development of fishery management plans and amendments to such
plans, and with respect to the administration and implementation of
the provisions of this chapter (and for purposes of this paragraph,
the term ``geographical area concerned'' may include an area under
the authority of another Council if the fish in the fishery
concerned migrate into, or occur in, that area or if the matters
being heard affect fishermen of that area; but not unless such other
Council is first consulted regarding the conduct of such hearings
within its area);
(4) submit to the Secretary such periodic reports as the Council
deems appropriate, and any other relevant report which may be
requested by the Secretary;
(5) review on a continuing basis, and revise as appropriate, the
assessments and specifications made pursuant to section 1853(a)(3)
and (4) of this title with respect to the optimum yield from, the
capacity and extent to which United States fish processors will
process United States harvested fish from, and the total allowable
level of foreign fishing in, each fishery (except as provided in
section \5\ subsection (a)(3) of this section) within its
geographical area of authority; and
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(6) conduct any other activities which are required by, or
provided for in, this chapter or which are necessary and appropriate
to the foregoing functions.
(i) Procedural matters
(1) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Councils or to the scientific and statistical committees or
advisory panels established under subsection (g) of this section.
(2) The following guidelines apply with respect to the conduct of
business at meetings of a Council, and of the scientific and statistical
committee and advisory panels established under subsection (g) of this
section:
(A) Unless closed in accordance with paragraph (3), each regular
meeting and each emergency meeting shall be open to the public.
(B) Emergency meetings shall be held at the call of the chairman
or equivalent presiding officer.
(C) Timely public notice of each regular meeting and each
emergency meeting, including the time, place, and agenda of the
meeting, shall be published in local newspapers in the major fishing
ports of the region (and in other major fishing ports having a
direct interest in the affected fishery) and such notice may be
given by such other means as will result in wide publicity. Timely
notice of each regular meeting shall also be published in the
Federal Register. The published agenda of the meeting may not be
modified to include additional matters for Council action without
public notice or within 14 days prior to the meeting date, unless
such modification is to address an emergency action under section
1855(c) of this title, in which case public notice shall be given
immediately.
(D) Interested persons shall be permitted to present oral or
written statements regarding the matters on the agenda at meetings.
All written information submitted to a Council by an interested
person shall include a statement of the source and date of such
information. Any oral or written statement shall include a brief
description of the background and interests of the person in the
subject of the oral or written statement.
(E) Detailed minutes of each meeting of the Council, except for
any closed session, shall be kept and shall contain a record of the
persons present, a complete and accurate description of matters
discussed and conclusions reached, and copies of all statements
filed. The Chairman shall certify the accuracy of the minutes of
each such meeting and submit a copy thereof to the Secretary. The
minutes shall be made available to any court of competent
jurisdiction.
(F) Subject to the procedures established under paragraph (4),
and the guidelines prescribed by the Secretary under section
1881a(b) of this title, relating to confidentiality, the
administrative record, including minutes required under subparagraph
(E), of each meeting, and records or other documents which were made
available to or prepared for or by the Council, committee, or panel
incident to the meeting, shall be available for public inspection
and copying at a single location in the offices of the Council or
the Secretary, as appropriate.
(3)(A) Each Council, scientific, and statistical committee, and
advisory panel--
(i) shall close any meeting, or portion thereof, that concerns
matters or information that bears a national security
classification; and
(ii) may close any meeting, or portion thereof, that concerns
matters or information that pertains to national security,
employment matters, or briefings on litigation in which the Council
is interested.
Subparagraphs (D) and (F) of paragraph (2) shall not apply to any
meeting or portion thereof that is so closed.
(B) If any meeting or portion is closed, the Council concerned shall
notify local newspapers in the major fishing ports within its region
(and in other major, affected fishing ports), including in that
notification the time and place of the meeting. This subpararaph \6\
does not require notification regarding any brief closure of a portion
of a meeting in order to discuss employment or other internal
administrative matters.
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(4) Each Council shall establish appropriate procedures applicable
to it and to its committee and advisory panels for ensuring the
confidentiality of the statistics that may be submitted to it by Federal
or State authorities, and may be voluntarily submitted to it by private
persons; including, but not limited to, procedures for the restriction
of Council employee access and the prevention of conflicts of interest;
except that such procedures, in the case of statistics submitted to the
Council by a State or by the Secretary under section 1881a(b) of this
title, must be consistent with the laws and regulations of that State,
or with the procedures of the Secretary, as the case may be, concerning
the confidentiality of the statistics.
(5) Each Council shall specify those procedures that are necessary
or appropriate to ensure that the committees and advisory panels
established under subsection (g) of this section are involved, on a
continuing basis, in the development and amendment of fishery management
plans.
(6) At any time when a Council determines it appropriate to consider
new information from a State or Federal agency or from a Council
advisory body, the Council shall give comparable consideration to new
information offered at that time by interested members of the public.
Interested parties shall have a reasonable opportunity to respond to new
data or information before the Council takes final action on
conservation and management measures.
(j) Disclosure of financial interest and recusal
(1) For the purposes of this subsection--
(A) the term ``affected individual'' means an individual who--
(i) is nominated by the Governor of a State for appointment
as a voting member of a Council in accordance with subsection
(b)(2) of this section; or
(ii) is a voting member of a Council appointed--
(I) under subsection (b)(2) of this section; or
(II) under subsection (b)(5) of this section who is not
subject to disclosure and recusal requirements under the
laws of an Indian tribal government; and
(B) the term ``designated official'' means a person with
expertise in Federal conflict-of-interest requirements who is
designated by the Secretary, in consultation with the Council, to
attend Council meetings and make determinations under paragraph
(7)(B).
(2) Each affected individual must disclose any financial interest
held by--
(A) that individual;
(B) the spouse, minor child, or partner of that individual; and
(C) any organization (other than the Council) in which that
individual is serving as an officer, director, trustee, partner, or
employee;
in any harvesting, processing, or marketing activity that is being, or
will be, undertaken within any fishery over which the Council concerned
has jurisdiction.
(3) The disclosure required under paragraph (2) shall be made--
(A) in the case of an affected individual referred to in
paragraph (1)(A)(i), before appointment by the Secretary; and
(B) in the case of an affected individual referred to in
paragraph (1)(A)(ii), within 45 days of taking office.
(4) An affected individual referred to in paragraph (1)(A)(ii) must
update his or her disclosure form at any time any such financial
interest is acquired, or substantially changed, by any person referred
to in paragraph (2)(A), (B), or (C).
(5) The financial interest disclosures required by this subsection
shall--
(A) be made on such forms, in accordance with such procedures,
and at such times, as the Secretary shall by regulation prescribe;
(B) be kept on file, and made available for public inspection at
reasonable hours, at the Council offices; and
(C) be kept on file by the Secretary for use in reviewing
determinations under paragraph (7)(B) and made available for public
inspection at reasonable hours.
(6) The participation by an affected individual referred to in
paragraph (1)(A)(ii) in an action by a Council during any time in which
that individual is not in compliance with the regulations prescribed
under paragraph (5) may not be treated as cause for the invalidation of
that action.
(7)(A) After the effective date of regulations promulgated under
subparagraph (F) of this paragraph, an affected individual required to
disclose a financial interest under paragraph (2) shall not vote on a
Council decision which would have a significant and predictable effect
on such financial interest. A Council decision shall be considered to
have a significant and predictable effect on a financial interest if
there is a close causal link between the Council decision and an
expected and substantially disproportionate benefit to the financial
interest of the affected individual relative to the financial interests
of other participants in the same gear type or sector of the fishery. An
affected individual who may not vote may participate in Council
deliberations relating to the decision after notifying the Council of
the voting recusal and identifying the financial interest that would be
affected.
(B) At the request of an affected individual, or upon the initiative
of the appropriate designated official, the designated official shall
make a determination for the record whether a Council decision would
have a significant and predictable effect on a financial interest.
(C) Any Council member may submit a written request to the Secretary
to review any determination by the designated official under
subparagraph (B) within 10 days of such determination. Such review shall
be completed within 30 days of receipt of the request.
(D) Any affected individual who does not vote in a Council decision
in accordance with this subsection may state for the record how he or
she would have voted on such decision if he or she had voted.
(E) If the Council makes a decision before the Secretary has
reviewed a determination under subparagraph (C), the eventual ruling may
not be treated as cause for the invalidation or reconsideration by the
Secretary of such decision.
(F) The Secretary, in consultation with the Councils and by not
later than one year from October 11, 1996, shall promulgate regulations
which prohibit an affected individual from voting in accordance with
subparagraph (A), and which allow for the making of determinations under
subparagraphs (B) and (C).
(8) Section 208 of title 18 does not apply to an affected individual
referred to in paragraph (1)(A)(ii) during any time in which that
individual is in compliance with the regulations prescribed under
paragraph (5).
(Pub. L. 94-265, title III, Sec. 302, Apr. 13, 1976, 90 Stat. 347; Pub.
L. 95-354, Sec. 5(1), Aug. 28, 1978, 92 Stat. 521; Pub. L. 96-561, title
II, Sec. 234, Dec. 22, 1980, 94 Stat. 3299; Pub. L. 97-453, Sec. 5, Jan.
12, 1983, 96 Stat. 2484; Pub. L. 99-659, title I, Sec. 104(a)(1), (b)-
(e)(1), Nov. 14, 1986, 100 Stat. 3709, 3710; Pub. L. 101-627, title I,
Secs. 108(a)-(j), 120(c), Nov. 28, 1990, 104 Stat. 4444-4446, 4459; Pub.
L. 102-582, title IV, Sec. 403, Nov. 2, 1992, 106 Stat. 4909; Pub. L.
104-297, title I, Sec. 107, Oct. 11, 1996, 110 Stat. 3570; Pub. L. 106-
113, div. B, Sec. 1000(a)(1) [title II, Sec. 210], Nov. 29, 1999, 113
Stat. 1535, 1501A-33.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (i)(1),
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
1999--Subsec. (a)(1)(A). Pub. L. 106-113 substituted ``18'' for
``17'' and ``12'' for ``11''.
1996--Subsec. (a). Pub. L. 104-297, Sec. 107(a)(1), (2), (6),
inserted ``(1)'' before ``There shall be established'', redesignated
former pars. (1) to (8) as subpars. (A) to (H), respectively, adjusted
margin of last sentence, and inserted ``(2)'' before ``Each Council''.
Subsec. (a)(1)(A). Pub. L. 104-297, Sec. 107(a)(3), substituted
``paragraph (3)'' for ``section 1854(f)(3) of this title''.
Subsec. (a)(1)(B). Pub. L. 104-297, Sec. 107(a)(3), (4), substituted
``Virginia, and North Carolina'' for ``and Virginia'', inserted ``North
Carolina, and'' after ``except'', and substituted ``paragraph (3)'' for
``section 1854(f)(3) of this title'', ``21 voting'' for ``19 voting'',
and ``13 appointed'' for ``12 appointed''.
Subsec. (a)(1)(C) to (E). Pub. L. 104-297, Sec. 107(a)(3),
substituted ``paragraph (3)'' for ``section 1854(f)(3) of this title''.
Subsec. (a)(1)(F). Pub. L. 104-297, Sec. 107(a)(5), amended heading
and text of subpar. (F) generally. Prior to amendment, text read as
follows: ``The Pacific Fishery Management Council shall consist of the
States of California, Oregon, Washington, and Idaho and shall have
authority over the fisheries in the Pacific Ocean seaward of such
States. The Pacific Council shall have 13 voting members, including 8
appointed by the Secretary in accordance with subsection (b)(2) of this
section (at least one of whom shall be appointed from each such
State).''
Subsec. (a)(3). Pub. L. 104-297, Sec. 107(a)(7), added par. (3).
Subsec. (b)(1)(C). Pub. L. 104-297, Sec. 107(b)(1), substituted
``paragraphs (2) and (5)'' for ``subsection (b)(2) of this section''.
Subsec. (b)(3). Pub. L. 104-297, Sec. 107(b)(1), (2), substituted
``paragraphs (2) and (5)'' for ``subsection (b)(2) of this section'' and
``Any term in which an individual was appointed to replace a member who
left office during the term shall not be counted in determining the
number of consecutive terms served by that Council member.'' for ``Any
term completed prior to December 31, 1987, shall not be counted in
determining the number of consecutive terms served by any Council
member.''
Subsec. (b)(5), (6). Pub. L. 104-297, Sec. 107(b)(3), added pars.
(5) and (6) and struck out former par. (5) which read as follows: ``The
Secretary may remove for cause any member of a Council required to be
appointed by the Secretary in accordance with subsection (b)(2) of this
section if the Council concerned first recommends removal by not less
than two-thirds of the members who are voting members. A removal
recommendation of a Council must be in writing and accompanied by a
statement of the reasons upon which the recommendation is based.''
Subsec. (d). Pub. L. 104-297, Sec. 107(c), substituted ``each
Council who are required to be appointed by the Secretary and'' for
``each Council,'' and ``shall receive compensation at the daily rate for
GS-15, step 7'' for ``shall, until January 1, 1992, receive compensation
at the daily rate for GS-18 of the General Schedule, and after December
31, 1991, at the daily rate for GS-16''.
Subsec. (e)(5). Pub. L. 104-297, Sec. 107(d), added par. (5).
Subsec. (g)(4), (5). Pub. L. 104-297, Sec. 107(e), added par. (4)
and redesignated former par. (4) as (5).
Subsec. (h)(1). Pub. L. 104-297, Sec. 107(f)(1), added par. (1) and
struck out former par. (1) which read as follows: ``prepare and submit
to the Secretary a fishery management plan with respect to each fishery
(except as provided in section 1854(f)(3) of this title) within its
geographical area of authority that requires conservation and management
and, from time to time, such amendments to each such plan as are
necessary;''.
Subsec. (h)(2). Pub. L. 104-297, Sec. 107(f)(2), substituted
``section 1824(b)(4)(C) of this title or section 1824(d) of this title''
for ``section 1824(b)(4)(C) of this title'' and ``section 1854(c)(4)''
for ``section 1854(c)(2)''.
Subsec. (h)(5). Pub. L. 104-297, Sec. 107(f)(3), substituted
``subsection (a)(3) of this section'' for ``1854(f)(3) of this title''.
Subsec. (i). Pub. L. 104-297, Sec. 107(g), redesignated subsec. (j)
as (i) and struck out heading and text of former subsec. (i). Text read
as follows:
``(1) Each Council--
``(A) may comment on and make recommendations concerning any
activity undertaken, or proposed to be undertaken, by any State or
Federal agency that, in the view of the Council, may affect the
habitat of a fishery resource under its jurisdiction; and
``(B) shall comment on and make recommendations concerning any
such activity that, in the view of the Council, is likely to
substantially affect the habitat of an anadromous fishery resource
under its jurisdiction.
``(2) Within 45 days after receiving a comment or recommendation
under paragraph (1) from a Council, a Federal agency shall provide a
detailed response, in writing, to the Council regarding the matter. In
the case of a comment or recommendation under paragraph (1)(B), the
response shall include a description of measures being considered by the
agency for mitigating or offsetting the impact of the activity on such
habitat.''
Subsec. (i)(1). Pub. L. 104-297, Sec. 107(h)(1), substituted
``established under subsection (g) of this section'' for ``of the
Councils''.
Subsec. (i)(2). Pub. L. 104-297, Sec. 107(h)(2), substituted
``established under subsection (g) of this section'' for ``of a
Council'' in introductory provisions.
Subsec. (i)(2)(C). Pub. L. 104-297, Sec. 107(h)(3), (4), struck out
``Council's'' after ``fishing ports of the'' and inserted at end ``The
published agenda of the meeting may not be modified to include
additional matters for Council action without public notice or within 14
days prior to the meeting date, unless such modification is to address
an emergency action under section 1855(c) of this title, in which case
public notice shall be given immediately.''
Subsec. (i)(2)(D). Pub. L. 104-297, Sec. 107(h)(5), inserted at end
``All written information submitted to a Council by an interested person
shall include a statement of the source and date of such information.
Any oral or written statement shall include a brief description of the
background and interests of the person in the subject of the oral or
written statement.''
Subsec. (i)(2)(E). Pub. L. 104-297, Sec. 107(h)(6), added subpar.
(E) and struck out former subpar. (E) which read as follows: ``Minutes
of each meeting shall be kept and shall contain a record of the persons
present, an accurate description of matters discussed and conclusions
reached, and copies of all statements filed.''
Subsec. (i)(2)(F). Pub. L. 104-297, Sec. 107(h)(7)-(9), struck out
``by the Council'' after ``procedures established'', substituted
``section 1881a(b)'' for ``section 1853(d)'', and inserted ``or the
Secretary, as appropriate'' after ``of the Council''.
Subsec. (i)(4). Pub. L. 104-297, Sec. 107(h)(10), substituted
``section 1881a(b)'' for ``section 1853(d)''.
Subsec. (j). Pub. L. 104-297, Sec. 107(g), (i)(1), redesignated
subsec. (k) as (j) and inserted ``and recusal'' at the end of subsection
heading. Former subsec. (j) redesignated (i).
Subsec. (j)(1). Pub. L. 104-297, Sec. 107(i)(2), added par. (1) and
struck out former par. (1) which read as follows: ``For purposes of this
subsection, the term `affected individual' means an individual who--
``(A) is nominated by the Governor of a State for appointment as
a voting member of a Council in accordance with subsection (b)(2) of
this section;
``(B) is a voting member of a Council appointed under subsection
(b)(2) of this section; or
``(C) is the executive director of a Council.''
Subsec. (j)(3)(A). Pub. L. 104-297, Sec. 107(i)(3), substituted
``(1)(A)(i)'' for ``(1)(A)''.
Subsec. (j)(3)(B), (4). Pub. L. 104-297, Sec. 107(i)(4), (5),
substituted ``(1)(A)(ii)'' for ``(1)(B) or (C)''.
Subsec. (j)(5)(C). Pub. L. 104-297, Sec. 107(i)(6), added subpar.
(C).
Subsec. (j)(6). Pub. L. 104-297, Sec. 107(i)(7), substituted
``(1)(A)(ii)'' for ``(1)(B) or (C)''.
Subsec. (j)(7). Pub. L. 104-297, Sec. 107(i)(8), added par. (7).
Former par. (7) redesignated (8).
Subsec. (j)(8). Pub. L. 104-297, Sec. 107(i)(9), substituted
``(1)(A)(ii)'' for ``(1)(B) or (C)''.
Pub. L. 104-297, Sec. 107(i)(8), redesignated par. (7) as (8).
Subsec. (k). Pub. L. 104-297, Sec. 107(g), redesignated subsec. (k)
as (j).
1992--Subsec. (b)(3). Pub. L. 102-582 substituted ``December 31,
1987'' for ``January 1, 1986''.
1990--Subsec. (a). Pub. L. 101-627, Sec. 108(a), inserted ``(except
as provided in section 1854(f)(3) of this title)'' before period at end
of first sentence in pars. (1) to (5).
Subsec. (b)(2). Pub. L. 101-627, Sec. 108(b), amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
``(A) The members of each Council required to be appointed by the
Secretary must be individuals who are knowledgeable and experienced with
regard to the conservation and management, or the recreational or
commercial harvest, of the fishery resources of the geographical area
concerned. The Secretary, in making appointments under this section,
shall, to the extent practicable, ensure a fair apportionment, on a
rotating or other basis, of the active participants (or their
representatives) involved in the fisheries under Council jurisdiction.
``(B) The Secretary shall appoint the members of each Council from a
list of individuals submitted by the Governor of each applicable
constituent State. A Governor may not submit the names of individuals to
the Secretary for appointment unless the Governor has, to the extent
practicable, first consulted with representatives of the commercial and
recreational fishing interests of the state regarding those individuals.
Each such list shall include the names and pertinent biographical data
of not less than three individuals for each applicable vacancy. The
Secretary shall review each list submitted by a Governor to ascertain if
the individuals on the list are qualified for the vacancy on the basis
of the required knowledge and experience required by subparagraph (A).
If the Secretary determines that any individual is not qualified, he
shall notify the appropriate Governor of that determination. The
Governor shall then submit a revised list or resubmit the original list
with an additional explanation of the qualifications of the individual
in question. An individual is not eligible for appointment by the
Secretary until that individual complies with the applicable financial
disclosure requirements under subsection (k) of this section.
``(C) Whenever the Secretary makes an appointment to a Council, he
shall make a public announcement of such appointment not less than 45
days before the first day on which the individual is to take office as a
member of the Council.''
Subsec. (b)(3). Pub. L. 101-627, Sec. 108(c), inserted at end ``No
member appointed after January 1, 1986, may serve more than three
consecutive terms. Any term completed prior to January 1, 1986, shall
not be counted in determining the number of consecutive terms served by
any Council member.''
Subsec. (d). Pub. L. 101-627, Sec. 108(d), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ``The voting
members of each Council, who are not employed by the Federal Government
or any State or local government, shall receive compensation at the
daily rate for GS-18 of the General Schedule when engaged in the actual
performance of duties for such Council. The voting members of each
Council, any nonvoting member described in subsection (c)(1)(C) of this
section, and the nonvoting member appointed pursuant to subsection
(c)(2) of this section shall be reimbursed for actual expenses incurred
in the performance of such duties, and other nonvoting members may be
reimbursed for actual expenses.''
Subsec. (e)(3). Pub. L. 101-627, Sec. 108(e)(1), substituted ``at
appropriate times and places in any of the constituent States of the
Council'' for ``in the geographical area concerned''.
Subsec. (e)(4). Pub. L. 101-627, Sec. 108(e)(2), inserted at end
``The regional director of the National Marine Fisheries Service serving
on the Council, or the regional director's designee, shall submit such a
statement, which shall be made available to the public upon request, if
the regional director disagrees with any such matter.''
Subsec. (g)(3), (4). Pub. L. 101-627, Sec. 108(f), added pars. (3)
and (4).
Subsec. (h). Pub. L. 101-627, Sec. 108(g), inserted ``(except as
provided in section 1854(f)(3) of this title)'' before ``within its
geographical'' in pars. (1) and (5).
Subsec. (i). Pub. L. 101-627, Sec. 108(h), amended subsec. (i)
generally. Prior to amendment, subsec. (i) read as follows: ``Each
Council may comment on, or make recommendations concerning, any activity
undertaken, or proposed to be undertaken, by any State or Federal agency
that, in the view of the Council, may affect the habitat of a fishery
resource under its jurisdiction. Within 45 days after receiving such a
comment or recommendation from a Council, a Federal agency must provide
a detailed response, in writing, to the Council regarding the matter.''
Subsec. (j)(3)(A). Pub. L. 101-627, Sec. 108(i)(1), substituted
period for semicolon in cl. (ii), and in concluding provisions struck
out ``and if any meeting or portion is closed, the Council, committee,
or panel concerned shall publish notice of the closure in local
newspapers in the major fishing ports within its region (and in other
major, affected fishing ports), including the time and place of the
meeting.'' before ``Subparagraphs (D) and (F)'' and inserted ``of
paragraph (2)'' after ``Subparagraphs (D) and (F)''.
Subsec. (j)(3)(B). Pub. L. 101-627, Sec. 108(i)(2), added subpar.
(B).
Subsec. (j)(4). Pub. L. 101-627, Sec. 120(c), substituted ``Council
employee'' for ``council employee''.
Subsec. (j)(6). Pub. L. 101-627, Sec. 108(j), added par. (6).
1986--Subsec. (b)(2)(A). Pub. L. 99-659, Sec. 104(a)(1)(A), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows:
``The members of each Council required to be appointed by the Secretary
must be individuals who are knowledgeable or experienced with regard to
the management, conservation, or recreational or commercial harvest of
the fishery resources of the geographical area concerned.''
Subsec. (b)(2)(B). Pub. L. 99-659, Sec. 104(a)(1)(B), inserted
provision that a Governor may not submit the names of individuals to the
Secretary for appointment unless the Governor has, to the extent
practicable, first consulted with representatives of the commercial and
recreational fishing interests of the state regarding those individuals,
substituted ``knowledge and experience'' for ``knowledge or
experience'', and inserted provision that an individual is not eligible
for appointment by the Secretary until that individual complies with
applicable financial disclosure requirements under subsec. (k) of this
section.
Subsec. (b)(3). Pub. L. 99-659, Sec. 104(a)(1)(C), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ``Each voting
member appointed to a Council by the Secretary in accordance with
subsection (b)(2) of this section shall serve for a term of 3 years;
except that, with respect to the members initially so appointed, the
Secretary shall designate up to one-third thereof to serve for a term of
1 year, up to one-third thereof to serve for a term of 2 years, and the
remaining such members to serve for a term of 3 years.''
Subsec. (i). Pub. L. 99-659, Sec. 104(b), added subsec. (i). Former
subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 99-659, Sec. 104(b)(1), redesignated former
subsec. (i) as (j).
Subsec. (j)(4). Pub. L. 99-659, Sec. 104(c), substituted ``; except
that such procedures, in the case of statistics submitted to the Council
by a State or by the Secretary under section 1853(d) of this title, must
be consistent with the laws and regulations of that State, or with the
procedures of the Secretary, as the case may be, concerning the
confidentiality of the statistics'' for ``; except that such procedures
must, in the case of statistics submitted to the Council by a State, be
consistent with the laws and regulations of that State concerning the
confidentiality of such statistics''.
Subsec. (j)(5). Pub. L. 99-659, Sec. 104(d), added par. (5).
Subsec. (k). Pub. L. 99-659, Sec. 104(e)(1), added subsec. (k).
1983--Subsec. (a)(1) to (7). Pub. L. 97-453, Sec. 5(1)(A),
substituted ``in accordance with subsection (b)(2)'' for ``pursuant to
subsection (b)(1)(C)'' wherever appearing.
Subsec. (a)(8). Pub. L. 97-453, Sec. 5(1)(B), substituted provision
that the Western Pacific Fishery Management Council shall consist of the
States of Hawaii, American Samoa, Guam, and the Northern Mariana Islands
and shall have authority over the fisheries in the Pacific Ocean seaward
of such States and of the Commonwealths, territories, and possessions of
the United States in the Pacific Ocean area, for provision that the
Western Pacific Fishery Management Council would consist of the State of
Hawaii, American Samoa, and Guam and have authority over the fisheries
in the Pacific Ocean seaward of such States, and provision that the
Western Pacific Council shall have 13 voting members, including 8
appointed by the Secretary in accordance with subsection (b)(2) of this
section at least one of whom shall be appointed from each of Hawaii,
American Samoa, Guam, and the Northern Mariana Islands, for provision
that the Western Pacific Council would have 11 voting members, including
7 appointed by the Secretary pursuant to former subsection (b)(1)(C) of
this section (at least one of whom would be appointed from each such
State).
Subsec. (b)(1)(C). Pub. L. 97-453, Sec. 5(2)(A), substituted
reference to subsec. (b)(2) of this section for characterization of the
members to be appointed as members of a list of qualified individuals
submitted by the Governor of each applicable constituent State, that
with respect to initial appointments, such Governors submit such lists
to the Secretary as soon as practicable, not later than 45 days after
April 13, 1976, that ``list of qualified individuals'' included the
names (including pertinent biographical data) of not less than three
such individuals for each applicable vacancy, and that ``qualified
individual'' meant an individual knowledgeable or experienced with
regard to the management, conservation, or recreational or commercial
harvest, of the fishery resources of the geographical area concerned.
Subsec. (b)(2) to (5). Pub. L. 97-453, Sec. 5(2)(B)-(E), added pars.
(2) and (5), redesignated existing pars. (2) and (3) as (3) and (4),
respectively, and in par. (3), as redesignated, substituted ``by the
Secretary in accordance with subsection (b)(2) of this section'' for
``pursuant to paragraph (1)(C)'' after ``appointed to a Council''.
Subsec. (f)(6). Pub. L. 97-453, Sec. 5(3), inserted requirement that
the procedures of a Council and associated committees and panels be
consistent with the procedural guidelines set forth in subsec. (i)(2).
Subsec. (h)(1). Pub. L. 97-453, Sec. 5(4)(A), inserted ``that
requires conservation and management'' after ``authority''.
Subsec. (h)(2). Pub. L. 97-453, Sec. 5(4)(B), substituted ``section
1824(b)(4)(C)'' for ``section 1824(b)(4)(B)''.
Subsec. (h)(3). Pub. L. 97-453, Sec. 5(4)(C), inserted parenthetical
definition of ``geographical area concerned''.
Subsec. (h)(4). Pub. L. 97-453, Sec. 5(4)(D), struck out subpar. (A)
which provided for a report, before Feb. 1 of each year, on the
Council's activities during the immediately preceding calendar year, and
struck out the subparagraph designators before subpars. (B) and (C).
Subsec. (i). Pub. L. 97-453, Sec. 5(5), added subsec. (i).
1980--Subsec. (d). Pub. L. 96-561 inserted provision that other
nonvoting members may be reimbursed for actual expenses.
1978--Subsec. (h)(5). Pub. L. 95-354 inserted provisions relating to
capacity and extent to which United States fish processors will process
harvested fish.
Effective Date of 1986 Amendment
Section 104(a)(2) of Pub. L. 99-659 provided that: ``The amendments
made by paragraph (1) [amending this section] shall apply with respect
to voting members of regional fishery management councils who are
appointed, and to individuals who are nominated for appointment as
voting members, on or after the date of the enactment of this Act [Nov.
14, 1986].''
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.
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee
on Merchant Marine and Fisheries of House of Representatives treated as
referring to Committee on Resources of House of Representatives in case
of provisions relating to fisheries, wildlife, international fishing
agreements, marine affairs (including coastal zone management) except
for measures relating to oil and other pollution of navigable waters, or
oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
Disclosure of Financial Interest by Incumbent Voting Members and
Executive Directors
Section 104(e)(2) of Pub. L. 99-659 provided that for purposes of
applying subsec. (k) of this section to voting members and executive
directors of regional fishery management councils who were serving in
those capacities on date on which regulations prescribed to carry out
subsec. (k) first took effect, each such member or director must file a
disclosure form under subsec. (k) within 45 days after that date.
Directions Regarding Fishery Management Council Membership
Section 113 of Pub. L. 99-659 provided that: ``Notwithstanding
section 302 of the Act (16 U.S.C. 1852) and effective on and after the
date of the enactment of this Act [Nov. 14, 1986], the Secretary shall
take action to ensure, to the extent practicable, that those persons
dependent for their livelihood upon the fisheries within the respective
jurisdictions of the Regional Fishery Management Councils are fairly
represented as voting members of the Councils.''
Section Referred to in Other Sections
This section is referred to in sections 971b, 1362, 1379, 1433,
1445a, 1802, 1854, 1855, 1857, 1882, 2803, 2804, 3602, 5102, 5601 of
this title; title 30 section 1415; title 43 section 1474d; title 46
section 12102.
