§932 — Title 16 Conservation | U.S. Code

Summary

The United States must have four Commissioners on the Commission. The President picks them and they do not get paid for that work. One must be a U.S. Government official. Three must live in different Great Lakes States and know about Great Lakes fisheries, and one of those three must also be a Great Lakes State official. The President also names an alternate who steps in when a seat is empty or when a Commissioner misses a meeting. Commissioners are not treated as federal employees while serving, except they are covered for injury compensation and for tort-claim rules under chapter 81 of title 5 and chapter 171 of title 28. The three state-based Commissioners normally serve 6-year terms. The first three appointed after November 14, 1986 were given staggered terms of 2, 4, and 6 years. If one of those state-based seats becomes vacant, the President fills it for the rest of that term.

Title 16, §932

Conservation — Source: USLM XML via OLRC

(a)(1)The United States shall be represented on the Commission by 4 Commissioners who shall be appointed by the President and who may not receive compensation for service as Commissioners. Of the Commissioners—

(A)1 shall be an official of the United States Government; and

(B)3 shall be individuals who reside in different Great Lakes States and who are knowledgeable regarding the fisheries of the Great Lakes, except that 1 of them must also be an official of 11 So in original. Probably should be followed by “a”. Great Lakes State.

(2)The President shall appoint an alternate Commissioner who shall perform the duties of a Commissioner—

(A)until a vacancy referred to in subsection (b)(3) is filled; and

(B)in the event of the absence of a Commissioner from any meeting of the United States Section or the Commission.

(3)Individuals serving as such Commissioners shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28.

(b)(1)Except as provided in paragraph (2), the term of office of Commissioners appointed under subsection (a)(1)(B) is 6 years.

(2)Of the Commissioners first appointed under subsection (a)(1)(B) after November 14, 1986, 1 shall be appointed for a term of 2 years, 1 shall be appointed for a term of 4 years, and 1 shall be appointed for a term of 6 years.

(3)Whenever a vacancy occurs among Commissioners appointed under subsection (a)(1)(B), the President shall appoint an individual to fill that vacancy for the remainder of the applicable term.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2000—Subsec. (a)(3). Pub. L. 106–562 added par. (3). 1986—Pub. L. 99–659 amended section generally. Prior to amendment, section read as follows: “The United States shall be represented on the Commission by three Commissioners to be appointed by the President, to serve as such during his pleasure, and to receive no compensation for their services as such Commissioners. Of such Commissioners— “(a) one shall be an official of the United States Government; and “(b) two shall be persons residing in Great Lakes States, duly qualified by reason of knowledge of the fisheries of the Great Lakes, of whom one shall be an official of a Great Lakes State: Provided, however, That the Commissioners appointed under this subsection shall not be residents of the same State.”

Statutory Notes and Related Subsidiaries

Termination and Transitional Service of Incumbent Commissioners Pub. L. 99–659, title IV, § 405(b), Nov. 14, 1986, 100 Stat. 3738, provided that: “The term of office of each United States Commissioner on the Great Lakes Fishery Commission who is serving on the date of enactment of this Act [Nov. 14, 1986] is terminated (except the United States Government official appointed under section 3(a) of the Great Lakes Fishery Act of 1956 (16 U.S.C. 932(a), as in effect before the date of enactment). However, the individuals appointed to those terms shall continue to serve as Commissioners until the President makes appointments under section 3(b)(2) of the Act of 1956 (as added by subsection (a)), which appointments shall be made within 60 days after the date of enactment.” Alternate United States CommissionersSecretary of State authorized to designate Alternate United States Commissioners, see section 2672a and 2672b of Title 22, Foreign Relations and Intercourse.

§932 Commissioners; appointment, number, and compensation; term of office; vacancy