§3632 United States Section

Summary

The United States must have four Commissioners on the Commission. The President appoints them. One is a U.S. Government official and does not vote. One must live in Alaska and come from a list of at least six people the Alaska Governor gives. One must live in Oregon or Washington and come from a list of at least six people those Governors give. One comes from a list of at least six people the treaty Indian tribes of Idaho, Oregon, or Washington provide. Two of the first appointments last two years; the rest last four years. Commissioners can be reappointed. If someone fills a vacancy, they finish that term. Unless the members agree otherwise, the four Commissioners take turns as chair each year, with the order chosen by lot at the first meeting. The Secretary of State, after talking with the Secretary of Commerce and the Secretary of the Interior, names Alternate Commissioners from the same nominee lists and may name an alternate for the federal Commissioner. Alternates can do everything a Commissioner can when the regular member is absent, can be reappointed, and may attend meetings. The United States also names members to four Panels: southern (6 members), northern (6), Fraser River (4), and Transboundary (7). Each panel includes a U.S. Government official and specific state, tribal, or fishing-industry members as described above. State Governors appoint the state members listed for their state. The Secretary of the Interior picks the tribe-nominated members from tribal lists. The Secretary of Commerce appoints the other members. At least one northern Panel member must be a voting member of the North Pacific Fishery Management Council. At least one southern Panel member must be a voting member of the Pacific Fishery Management Council. Most panel members and alternates serve four-year terms; the Secretary of State sets half of the first terms to two years. The southern "commercial/recreational" seat and its alternate serve one-year terms and then rotate yearly between commercial and recreational sectors. The U.S. delegates try to reach consensus; a decision is made when no one objects. Certain Pacific Salmon Treaty decisions require specific Commissioners’ votes, including decisions covered by chapter 1 or 2 (except paragraph 4 of chapter 2) of Annex IV to the Pacific Salmon Treaty of 1985, and by chapters 4, 5 (except paragraph 2(b) of chapter 5), or 6 of that Treaty. Voting rules for Panels and joint Panels follow the special rules in the law. A three-person Conciliation Board can be set up to help settle disputes; each non-federal Commissioner gives at least three nominee names, and one person is chosen from each list by agreement of the Federal Commissioner and the two non-federal Commissioners. If the Fraser River Panel deadlocks, the U.S. Section may act for it when needed. If the Secretary of State finds the United States might fail to meet its treaty duties, the Secretary of State must tell the U.S. Section with reasons and a desired decision date; if no decision is made by that date, the Secretary of State, after consulting the other Secretaries, reports to the President. Commissioners and Panel members may talk with other interested parties. Chapter 10 of title 5 does not apply.