§ 3311. — Salmon and Steelhead Advisory Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3311]
TITLE 16--CONSERVATION
CHAPTER 52--SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT
SUBCHAPTER II--COORDINATED MANAGEMENT OF SALMON AND STEELHEAD
Sec. 3311. Salmon and Steelhead Advisory Commission
(a) Establishment
Within 90 days after December 22, 1980, the Secretary of Commerce
(hereinafter in this subchapter referred to as the ``Secretary'') shall
establish the Salmon and Steelhead Advisory Commission (hereinafter
referred to in this chapter as the ``Commission''), which shall consist
of one voting member from each of the following:
(1) The State of Washington.
(2) The State of Oregon.
(3) The Washington tribal coordinating body.
(4) The Columbia River tribal coordinating body.
(5) The Pacific Fishery Management Council.
(6) The National Marine Fisheries Service.
(b) Membership
(1) The voting representatives shall be appointed by the Secretary
from a list of qualified individuals submitted by the Governor of each
applicable State, by each appropriate tribal coordinating body, and by
the Pacific Fishery Management Council. The representative for the
National Marine Fisheries Service shall be the Northwest regional
director of the Service or his designee.
(2) The Commission shall have 6 nonvoting members, 5 of which shall
be qualified individuals appointed by the Secretary. The sixth nonvoting
member shall be the regional director of the United States Fish and
Wildlife Service or his designee.
(3) For the purposes of this subsection, the term ``qualified
individual'' means an individual who is knowledgeable with regard to the
management, conservation, or harvesting of the salmon and steelhead
resources of the conservation areas.
(c) Report by Commission
Within 15 months after the date of the establishment of the
Commission, it shall prepare, and submit to the Secretary and Congress,
a comprehensive report containing conclusions, comments, and
recommendations for the development, of a management structure
(including effective procedures, mechanisms, and institutional
arrangements) for the effective coordination of research, enhancement,
management, and enforcement policies for the salmon and steelhead
resources of the Columbia River and Washington conservation areas, and
for the resolution of disputes between management entities that are
concerned with stocks of common interest. The principal objectives of,
and the standards for, the management structure shall include, but not
be limited to--
(1) the development of common principles to govern and
coordinate effectively management and enhancement activities;
(2) the prevention of overfishing;
(3) the use of the best scientific information available;
(4) the consideration of, and allowance for, variations among,
and contingencies in, fisheries and catches;
(5) the promotion of harvest strategies and regulations which
will encourage continued and increased investment by the salmon and
steelhead producing jurisdictions;
(6) the optimization of the use of resources for enforcement;
(7) the consideration of harvest activities as they relate to
existing and future international commitments;
(8) the minimization of costs and the avoidance of unnecessary
duplication; and
(9) the harvest of fish by treaty tribes, in accordance with
treaty rights, unless agreed otherwise by the affected treaty
tribes.
(d) Unanimous vote required
No report or revision thereto may be submitted by the Commission to
the Secretary for approval under this section unless the report or
revision is approved by all of the voting members of the Commission.
(e) Secretarial action on report
Within 4 months after the date of the submission of the
comprehensive report, or any revision thereto, under subsection (c) of
this section, the Secretary, in consultation with the Secretary of the
Interior, shall review the report and, if he finds that the management
structure recommended in the report would, if implemented, meet the
objectives and standards specified in this section and be consistent
with this chapter, approve the report. If the Secretary, in consultation
with the Secretary of the Interior, finds that such structure is not in
conformity with the standards and objectives set forth in this section,
the provisions of this chapter, or other applicable law, he shall return
the report to the Commission together with a written statement of the
reasons for not approving the report. If the Commission submits a
revised report to the Secretary within 2 months after the date of
return, the Secretary shall approve the report if he finds that the
objections on which the prior disapproval was based are overcome.
(f) Per diem and travel allowances
The members of the Commission (other than those who are full-time
employees of the Federal or a State government), while away from their
homes or regular places of business for purposes of carrying out their
duties as members, shall be allowed travel expenses, including per diem
in lieu of subsistence, as authorized by law for persons intermittently
employed in Government service.
(g) Administrative support
The Secretary shall provide such clerical and technical support as
may be necessary to enable the Commission to carry out its functions.
(h) Termination of Commission
Unless otherwise agreed to by the voting members of the Commission
and approved by the Secretary, the Commission shall terminate upon the
Secretary's approval of the Commission's report pursuant to subsection
(e) of this section.
(Pub. L. 96-561, title I, Sec. 110, Dec. 22, 1980, 94 Stat. 3277.)
Section Referred to in Other Sections
This section is referred to in sections 3312, 3314, 3322, 3343 of
this title.
