§7802 Appointment or designation of United States Commissioners

Summary

The United States will have up to three Commissioners on the Commission. The President must pick people who know about South Pacific fishery resources. At least one Commissioner must be a U.S. officer or employee from the Department of Commerce, the Department of State, or the Coast Guard, and must be the Council’s chairperson or that person’s chosen substitute. The Secretary of State, working with the Secretary, can name alternate Commissioners for suitable times. An alternate can do everything a regular Commissioner can when that Commissioner is absent. People who serve as Commissioners or alternates and are not federal employees are not treated as federal employees, except they are covered for injury compensation and tort claims under chapter 81 of title 5 and chapter 171 of title 28. If a Commissioner or alternate is a U.S. officer while serving, they get no pay for that service. The Secretary of State must pay necessary travel costs under the Federal Travel Regulations and sections 5701, 5702, 5704–5708, and 5731 of title 5, and the Secretary may repay the Secretary of State for those costs. The Secretary must also create a 7‑member advisory committee with specific types of members (a commercial fisher, two indigenous Pacific members including a Native Hawaiian, a marine fisheries scientist from the Council’s scientific committee, an NGO representative, a Hawaii Governor‑nominated member, and a Council‑designated member). Advisory members serve 2‑year terms and may be reappointed up to three times in a row. The advisory committee sets its own rules, must publish them, holds public meetings except for closed sessions, may attend and be heard at Commissioners’ meetings, gets needed administrative help from the Secretary, and its members serve without pay but have the same limited injury and tort protections noted above.