§460ss–2 Klamath Fishery Management Council

Summary

Creates a Klamath Fishery Management Council to make long-term plans and give rules for fishing that affect Klamath and Trinity River anadromous fish (fish that move between rivers and the ocean, like salmon). The Council must make a plan and recommend fishing rules to California and Oregon fish agencies, the Pacific Fishery Management Council, the Bureau of Indian Affairs (for non-Hoopa Indians), and the Hoopa Valley Business Council (for Hoopa Tribe members). The Council must hold public hearings on those rules. Any recommendation must use the best scientific information, try to keep costs low and avoid duplicate rules, allow for different fisheries and emergencies, and aim to leave enough fish (escapement) to keep populations healthy. The Council has 11 members, chosen by the California Governor, the Oregon Governor, the Secretary, the Secretary of Commerce, and the Hoopa Valley Business Council as described in the law. Members must know about managing, conserving, or fishing Northern California anadromous fish. Terms are 4 years, and members serve at the appointing authority’s pleasure; vacancies are filled the same way and members may stay until a successor arrives. The Council must set its own rules, have a quorum to do business, and adopt plans or recommendations only by unanimous vote of those present and voting. The Council elects a chair and meets when the chair or a majority calls a meeting. The Secretary and the California Department of Fish and Game must give staff help and information. Federal or state employees who stop their government job must leave the Council within 14 days. Members may get travel pay like intermittent federal workers under 5 U.S.C. §5703, but funds authorized under section 460ss–5 cannot be used to pay agencies for employees’ time on Council duties.