16 U.S.C. § 3602: United States representation…

Summary

The United States must have three Commissioners on the Council and Commissions. The President appoints them and may replace them. One must be a government official; two must be non‑government people with experience in conserving and managing U.S. salmon. The Secretary of State, after consulting the Secretaries of Commerce and the Interior, may name alternates who can act fully if a Commissioner is absent. Commissioners and alternates are unpaid and are not federal employees except for injury compensation and tort claims (chapter 81, title 5; chapter 171, title 28). They may consult the Regional Fishery Management Councils (section 302 of the Act of 1976, 16 U.S.C. 1852) and other interested parties; chapter 10 of title 5 does not apply to those consultations.

Title 16, §3602

Conservation, Source: USLM XML via OLRC

(a)Appointment and qualifications of Commissioners

The United States shall be represented on the Council and Commissions by three United States Commissioners to be appointed by the President to serve at his pleasure. Of such Commissioners, one shall be an official of the United States Government, and two shall be individuals (not officials of the United States Government) who are knowledgeable or experienced concerning the conservation and management of salmon of United States origin.

(b)Alternate Commissioners

The Secretary of State, in consultation with the Secretary of Commerce and the Secretary of the Interior, may designate alternate United States Commissioners. In the absence of a Commissioner appointed under subsection (a) of this section, an alternate Commissioner may exercise at any meeting of the Organization, the Council, or any Commission all functions of such Commissioner.

(c)Limited Federal employee status

Individuals who serve as Commissioners and alternate Commissioners shall not receive any compensation for such service. Such individuals 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.

(d)Consultation with other parties

In carrying out their functions under the Convention, the Commissioners may consult with the appropriate Regional Fishery Management Councils established by section 302 of the Act of 1976 (16 U.S.C. 1852), and may consult with such other interested parties as they consider appropriate. Chapter 10 of title 5 shall not apply to consultations described in this subsection.

Editorial Notes

Amendments

2022—Subsec. (d). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App. et seq.)”. 1983—Subsec. (c). Pub. L. 98–44 substituted “shall not be considered” for “shall be considered”.

§3602 United States Representation on Council and Commissions

Summary

Title 16, §3602

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata