§3632 United States Section

Summary

The United States must have four U.S. Commissioners for the Commission who know about Pacific salmon. The President appoints them. One is a U.S. government official and cannot vote. One is an Alaska resident chosen from a list of at least six people sent by the Alaska Governor. One is from Oregon or Washington chosen from a list of at least six people sent by those Governors. One is chosen from a list of at least six people sent by the treaty Indian tribes of Idaho, Oregon, or Washington. Two of the first appointees serve two-year terms. The others serve four-year terms. Commissioners can be reappointed. If someone leaves early, their replacement finishes that term. The chair of the U.S. Section rotates every year by lot unless everyone agrees otherwise. The Secretary of State, with the Secretary and the Secretary of the Interior, must name an alternate for each Commissioner from the same nomination lists and may name a federal alternate. Alternates can do a Commissioner’s work when that Commissioner is absent and may attend meetings. The United States also names members to four Panels that deal with different salmon areas. The southern Panel has six members (one U.S. official, one Oregon official, one Washington official, two tribal nominees, and one commercial or recreational fisher). The northern Panel has six members (one U.S. official, one Alaska official, and four knowledgeable people). The Fraser River Panel has four members (one U.S. official, one Washington official, one tribal nominee, and one commercial fisher). The Transboundary Panel has seven members (one U.S. official, one Alaska official, and five knowledgeable people). Governors, the Secretary, and the Secretary of the Interior appoint members as the law says. Most panel members serve four-year terms, with half of the first appointees serving two years. The southern fishery seat rotates annually between commercial and recreational people and has one-year terms. Decisions aim for consensus. Some treaty rules require specific commissioners’ yes votes. Panel decisions normally need a majority present and voting, but the southern and Fraser River Panels have special voting rules. A three-person Conciliation Board can be formed to help settle disputes. If the Fraser River Panel deadlocks, the U.S. Section can act. If the Secretary of State finds the U.S. might fail its treaty duties, the Secretary of State can set a deadline and, if needed, report the matter to the President. Commissioners and panel members may talk with other interested parties. Chapter 10 of title 5 does not apply.