§ 3632. — United States Section.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3632]
TITLE 16--CONSERVATION
CHAPTER 56A--PACIFIC SALMON FISHING
Sec. 3632. United States Section
(a) Commissioners
The United States shall be represented on the Commission by four
United States Commissioners who are knowledgeable or experienced
concerning Pacific salmon, to be appointed by and serve at the pleasure
of the President. Of these, one shall be an official of the United
States Government who shall be a nonvoting member of the United States
Section; one shall be a resident of the State of Alaska and shall be
appointed from a list of at least six qualified individuals nominated by
the Governor of that State; one shall be a resident of the States \1\ of
Oregon,\2\ or Washington and shall be appointed from a list of at least
six qualified individuals nominated by the Governors of those States;
and one shall be appointed from a list of at least six qualified
individuals nominated by the treaty Indian tribes of the States of
Idaho, Oregon or Washington. Two of the initial appointments shall be
for two-year terms; all other appointments shall be for four-year terms.
Each Commissioner is eligible for reappointment. 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. Unless
otherwise agreed, the chairmanship of the United States Section shall
rotate annually among all four members with the order of rotation
determined by lot at the first meeting.
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\1\ So in original. Probably should be ``State''.
\2\ So in original. The comma probably should not appear.
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(b) Alternate Commissioners
The Secretary of State, in consultation with the Secretary and the
Secretary of the Interior, shall designate an Alternate Commissioner for
each Commissioner from the respective lists referred to in subsection
(a) of this section, and may designate an Alternate Commissioner for the
Federal Commissioner. In the absence of a Commissioner, the Alternate
Commissioner may exercise all functions of such Commissioner at any
meeting of the Commission or of the United States Section. Alternate
Commissioners are eligible for reappointment and may attend all meetings
of the United States Section.
(c) Southern Panel
The United States shall be represented on the southern Panel by six
Panel members, of whom--
(1) one shall be an official of the United States Government,
with salmon fishery management responsibility and expertise;
(2) one shall be an official of the State of Oregon, with salmon
fishery management responsibility and expertise;
(3) one shall be an official of the State of Washington, with
salmon fishery management responsibility and expertise;
(4) two shall be appointed from a list submitted by the treaty
Indian tribes of individuals with salmon fishery management
responsibility and expertise; and
(5) one shall be appointed from the commercial or recreational
sector who is knowledgeable and experienced in the salmon fisheries
for which the southern Panel is responsible.
(d) Northern Panel
The United States shall be represented on the northern Panel by six
Panel members, of whom--
(1) one shall be an official of the United States Government,
with salmon fishery management responsibility and expertise;
(2) one shall be an official of the State of Alaska, with salmon
fishery management responsibility and expertise; and
(3) four shall be individuals knowledgeable and experienced in
the salmon fisheries for which the northern Panel is responsible.
(e) Fraser River Panel
The United States shall be represented on the Fraser River Panel by
four Panel members, of whom--
(1) one shall be an official of the United States Government,
with salmon fishery management responsibility and expertise;
(2) one shall be an official of the State of Washington, with
salmon fishery management responsibility and expertise;
(3) one shall be appointed from a list submitted by the treaty
Indian tribes of individuals with salmon fishery management
responsibility and expertise for the fisheries for which the Fraser
River Panel is responsible; and
(4) one shall be appointed from the commercial sector of the
salmon fishing industry concerned with fisheries for which the
Fraser River Panel is responsible.
(f) Transboundary Panel
The United States shall be represented on the Transboundary Panel by
seven panel members, of whom--
(1) one shall be an official of the United States Government,
with salmon fishery management responsibility and expertise;
(2) one shall be an official of the State of Alaska, with salmon
fishery management responsibility and expertise; and
(3) five shall be individuals knowledgeable and experienced in
the salmon fisheries for which the Transboundary Panel is
responsible.
(g) Panel appointments
Panel members described in subsections (c)(2), (c)(3), (d)(2), and
(e)(2) of this section shall be appointed by the Governor of the
applicable State. Panel members described in subsections (c)(4) and
(e)(3) of this section shall be appointed by the Secretary of the
Interior from lists of nominations provided by the appropriate treaty
Indian tribes. All other Panel members shall be appointed by the
Secretary: Provided, That at least one member of the northern Panel
shall be a voting member of the North Pacific Fishery Management
Council, at least one member of the southern Panel shall be a voting
member of the Pacific Fishery Management Council; and the Panel members
described in subsections (c)(5), (d)(3), and (e)(4) of this section
shall be appointed from lists of nominations provided by the Governors
of the applicable States. For the northern, southern, and Fraser River
panels, the appointing authorities listed above may also designate an
alternate Panel member, meeting the same qualifications and having the
same term of office, to service in the absence of a Panel member
appointed under this subsection. Panel members and alternate Panel
members, other than the southern Panel member described in subsection
(c)(5) of this section, shall serve four-year terms; except that the
Secretary of State shall designate one-half of the initial appointments
to each Panel as serving two-year terms. The southern Panel member
described in subsection (c)(5) of this section and the corresponding
alternate shall each be appointed for one-year terms; the first such
member shall be appointed from the commercial sector and an alternate
shall be appointed from the recreational sector, with the alternate
succeeding to the member position in the subsequent year; thereafter the
member and alternate positions shall rotate between the commercial and
recreational sectors on an annual basis. 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. Panel members and
alternates shall be eligible for reappointment and may attend all
meetings of the relevant United States Panel Section.
(h) Voting requirements
(1) Except as provided in paragraph (2), the United States Section
shall operate with the objective of attaining consensus decisions in the
development and exercise of its single vote within the Commission. A
decision of the United States Section shall be taken when there is no
dissenting vote.
(2) A decision of the United States Section with respect to any
salmon fishery regime covered by chapter 1 or 2 (except paragraph 4 of
chapter 2) of Annex IV to the Pacific Salmon Treaty of 1985 shall be
taken upon the affirmative vote of the United States Commissioner
appointed from the list submitted by the Governor of Alaska pursuant to
subsection (a) of this section. A decision of the United States Section
with respect to any salmon fishery regime covered by chapter 4, 5
(except paragraph 2(b) of chapter 5), or 6 of the Pacific Salmon Treaty
of 1985 shall be taken upon the affirmative vote of both the United
States Commissioner appointed from the list submitted by the Governors
of Washington and Oregon pursuant to subsection (a) of this section and
the United States Commissioner appointed from the list submitted by the
treaty Indian tribes of the State of Idaho, Oregon, or Washington
pursuant to subsection (a) of this section. Before a decision of the
United States Section is made under this paragraph, the voting
Commissioner or Commissioners shall consult with the Commissioner who is
an official of the United States Government under subsection (a) of this
section \3\
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\3\ So in original. Probably should be followed by a period.
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(3) All decisions and recommendations of the United States Section
of the northern, southern, and transboundary Panels shall require the
concurring vote of a majority of the United States Panel members present
and voting, except that decisions and recommendations of the southern
Panel shall require the concurring vote of the members designated in
subsections (c)(2) and (c)(3) of this section and one of those members
designated in subsection (c)(4) of this section.
(4) All decisions and recommendations of the United States Section
of the Fraser River Panel shall require the concurring vote of all
United States Panel members present and voting, except that orders
referred to in article VI(6) of the Treaty may be agreed to on the basis
of a majority, provided that the Panel members representing the State
and Tribal fishery management authorities concur.
(5) All decisions and recommendations of any joint Panel shall
require the concurring votes of each Panel under the voting rules
specified in paragraphs (2) and (3).
(6) To assist in the resolution of disputes affecting decisions of
the United States Section or of the United States Panel sections, a
three-person Conciliation Board may be established. The members of the
Conciliation Board shall be selected by the United States Section as
follows: each non-Federal Commissioner shall submit a list of no fewer
than three qualified nominees; one person shall be selected from each
list by consensus decision of the Federal Commissioner and the other two
non-Federal Commissioners. The Conciliation Board shall operate under
such bylaws as may be established by the United States Section.
(7) In any matter where the Fraser River Panel is unable to act
because the United States Fraser River Panel members have been unable to
reach a decision in accordance with paragraph (3) of this subsection,
and upon a determination by the Chairman of the United States Section
that an action of the Panel is required, the United States Section shall
act for the United States Panel members in the Fraser River Panel.
(8) In any matter where the Secretary of State determines that the
United States is in jeopardy of not fulfilling its international
obligations under the Treaty, the Secretary of State shall so certify to
the United States Section. Such certification shall include the reasons
for such determination and shall specify the date by which a decision by
the United States Section is desired. If the United States Section has
not reached a decision by the date specified, the Secretary of State,
after consultation with the Secretary and the Secretary of the Interior,
shall report on the matter to the President.
(i) Consultation
In carrying out their functions under the Treaty, the Commissioners
and Panel members may consult with such other interested parties as they
consider appropriate. The Federal Advisory Committee Act [5 U.S.C. App.]
shall not apply.
(Pub. L. 99-5, Sec. 3, Mar. 15, 1985, 99 Stat. 8; Pub. L. 106-113, div.
B, Sec. 1000(a)(1) [title VI, Sec. 623(c)], Nov. 29, 1999, 113 Stat.
1535, 1501A-59; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(c)(5)], Dec. 21, 2000, 114 Stat. 2763, 2763A-239.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (i), 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. (f). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(c)(5)(A)], added subsec. (f). Former subsec. (f) redesignated
(g).
Subsec. (g). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(c)(5)(B), (C)], redesignated subsec. (f) as (g) and substituted
``For the northern, southern, and Fraser River panels, the appointing
authorities'' for ``The appointing authorities''. Former subsec. (g)
redesignated (h).
Subsec. (h). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(c)(5)(B)], redesignated subsec. (g) as (h). Former subsec. (h)
redesignated (i).
Subsec. (h)(3). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(c)(5)(D)], substituted ``northern, southern, and
transboundary'' for ``northern and southern''.
Subsec. (i). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(c)(5)(B)], redesignated subsec. (h) as (i).
1999--Subsec. (g)(1). Pub. L. 106-113, Sec. 1000(a)(1) [title II,
Sec. 623(c)(1)], substituted ``Except as provided in paragraph (2),
the'' for ``The''.
Subsec. (g)(2) to (8). Pub. L. 106-113, Sec. 1000(a)(1) [title II,
Sec. 623(c)(2), (3)], added par. (2) and redesignated former pars. (2)
to (7) as (3) to (8), respectively.
Section Referred to in Other Sections
This section is referred to in section 3638 of this title.
