§ 460ss-2. — Klamath Fishery Management Council.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460ss-2]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CIV--KLAMATH RIVER CONSERVATION AREA
Sec. 460ss-2. Klamath Fishery Management Council
(a) Establishment
There is established a Klamath Fishery Management Council (hereafter
in this subchapter referred to as the ``Council'').
(b) Functions
(1) The Council shall--
(A) establish a comprehensive long-term plan and policy,
that must be consistent with the goals of the program, for the
management of the in-river and ocean harvesting that affects or
may affect Klamath and Trinity River basin anadromous fish
populations;
(B) make recommendations, that must be consistent with the
plan and policy established under subparagraph (A) and with the
standards in paragraph (2)--
(i) to the California Fish and Game Commission regarding
in-river and offshore recreational harvesting regulations,
(ii) to the Oregon Department of Fish and Wildlife
regarding offshore recreational harvesting regulations,
(iii) to the Pacific Fishery Management Council
regarding ocean harvesting regulations,
(iv) to the Bureau of Indian Affairs regarding
regulations for harvesting in the Area by non-Hoopa Indians,
and
(v) to the Hoopa Valley Business Council regarding
regulations for harvesting in the Area by members of the
Hoopa Indian Tribe; and
(C) conduct public hearings on any regulation referred to in
subparagraph (B)(i) through (v).
(2) Any recommendation made by the Council under paragraph
(1)(B) regarding harvesting regulations shall--
(A) be based upon the best scientific information available;
(B) minimize costs where practicable, and avoid unnecessary
duplication of regulations;
(C) take into account and allow for variations among, and
contingencies in, fisheries, fishery resources, and catches; and
(D) be designed to achieve an escapement that preserves and
strengthens the viability of the Area's natural anadromous fish
populations.
(c) Membership and appointment
The Council is composed of 11 members as follows:
(1) A representative, who shall be appointed by the Governor of
California, of each of the following:
(A) The commercial salmon fishing industry.
(B) The in-river sportfishing community.
(C) The offshore recreational fishing industry.
(D) The California Department of Fish and Game.
(2) A representative of the Hoopa Indian Tribe who shall be
appointed by Hoopa Valley Business Council.
(3) A representative, who shall be appointed by the Secretary,
of each of the following:
(A) The non-Hoopa Indians residing in the Area.
(B) The Department of the Interior.
(4) A representative, who shall be appointed by the Secretary of
Commerce, of each of the following--
(A) The National Marine Fisheries Service.
(B) The Pacific Fishery Management Council.
(5) A representative, who shall be appointed by the Governor of
Oregon, of each of the following:
(A) The commercial salmon fishing industry.
(B) The Oregon Department of Fish and Wildlife.
(d) Consultation requirement
The appointments required under subsection (c) of this section shall
be made in consultation with the appropriate users of Area anadromous
fish resources.
(e) Qualifications
Council members shall be individuals who are knowledgable \1\ and
experienced in the management and conservation, or the recreational or
commercial harvest, of the anadromous fish resources in Northern
California.
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\1\ So in original. Probably should be ``knowledgeable''.
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(f) Terms
(1) In general
The term of a member is 4 years.
(2) Service
Members of the Council serve at the pleasure of the appointing
authority.
(3) Vacancies
Any vacancy on the Council shall be filled in the manner in
which the original appointment was made. Any member appointed to
fill a vacancy occurring before the expiration of the term for which
his predecessor was appointed shall be appointed only for the
remainder of such term. A member may serve after the expiration of
his term until his successor has taken office.
(g) Transaction of business
(1) Procedures
The Council shall establish practices and procedures for the
carrying out of its functions under subsection (b) of this section.
The procedures shall include requirements that--
(A) a quorum of the Council must be present before business
may be transacted; and
(B) no comprehensive plan or recommendation referred to in
subsection (b)(1)(A) or (B) of this section may be adopted by
the Council except by the unanimous vote of all members present
and voting.
(2) Chairman
The Council shall elect a Chairman from among its members.
(3) Meetings
The Council shall meet at the call of the Chairman or upon the
request of a majority of its members.
(h) Staff and administration
(1) Administrative support
The Secretary and the Director of the California Department of
Fish and Game shall provide the Council with such administrative and
technical support services as are necessary for the effective
functioning of the Council.
(2) Information
The Secretary and the Director of the California Department of
Fish and Game shall furnish the Council with relevant information
concerning the Area.
(3) Organization
The Council shall determine its organization, and prescribe the
practices and procedures for carrying out its functions under
subsection (b) of this section.
(i) Federal or State employees
Any Council member who is an officer or employee of the United
States, the State of California, or the State of Oregon at the time of
appointment to the Council shall cease to be a Council member within 14
days after the date on which he ceases to be so employed.
(j) Expenses
(1) Travel expenses
While away from their homes or regular places of business in the
performance of services for the Council, Council members shall be
allowed travel expenses, including a per diem allowance in lieu of
subsistence, in the same manner as persons employed intermittently
in the Government service are allowed travel expenses under section
5703 of title 5. Any Council member who is an employee of an agency
or governmental unit and is eligible for travel expenses from that
agency or unit for performing services for the Council is not
eligible for travel expenses under this paragraph.
(2) Limitation on spending authority
No money authorized to be appropriated under section 460ss-5 of
this title may be used to reimburse any agency or governmental unit
(whose employees are Council members) for time spent by any such
employee performing Council duties.
(Pub. L. 99-552, Sec. 3, Oct. 27, 1986, 100 Stat. 3082; Pub. L. 100-653,
title VI, Secs. 602(a), 603(1), (2), Nov. 14, 1988, 102 Stat. 3830.)
Amendments
1988--Subsec. (g)(1). Pub. L. 100-653, Sec. 602(a), substituted
``Procedures'' for ``Decisions of Council'' as par. heading and amended
text generally. Prior to amendment, text read as follows: ``All
decisions of the Council must be by unanimous vote of all of the
members.''
Subsec. (i). Pub. L. 100-653, Sec. 603(1), substituted ``, the State
of California, or the State of Oregon'' for ``or the State of
California''.
Subsec. (j)(1). Pub. L. 100-653, Sec. 603(2), inserted provision at
end that any Council member who is employee of agency or governmental
unit and is eligible for travel expenses from that agency or unit for
performing services for Council not be eligible for travel expenses
under this par.
Section Referred to in Other Sections
This section is referred to in section 460ss-5 of this title.
