§5004 — Title 16 Conservation | U.S. Code

Summary

Creates an Advisory Panel for the United States Section and spells out who joins it. The panel has the Commissioner of the Alaska Department of Fish and Game, the Director of the Washington Department of Fisheries, one representative from the Pacific States Marine Fisheries Commission chosen by that commission’s Executive Director, and 11 other members (6 must live in Alaska and 5 must live in Washington). The 11 are appointed by the Secretary, with advice from the Secretary of Commerce, from slates the Governors send (Alaska sends 12 names and Washington sends 10). Appointees must know about anadromous fish and related species. Each governor’s slate must represent many interests and must include at least one commercial salmon fishing representative and one environmental representative. Members serve up to 4 years and may not serve more than two back-to-back terms. The panel is invited to every nonexecutive meeting of the United States Section and can review and speak about proposed studies, reports, and recommendations. Panel members get no pay, but the Secretary may cover necessary travel costs under the Federal Travel Regulations and sections 5701, 5702, 5704–5708, and 5731 of title 5. The Secretary of Commerce may repay the Secretary for those travel costs.

Title 16, §5004

Conservation — Source: USLM XML via OLRC

(a)An Advisory Panel to the United States Section is established. The Advisory Panel shall be composed of the following:

(1)The Commissioner of the Alaska Department of Fish and Game.

(2)The Director of the Washington Department of Fisheries.

(3)One representative of the Pacific States Marine Fisheries Commission, designated by the Executive Director of that commission.

(4)Eleven members (six of whom shall be residents of the State of Alaska and five of whom shall be residents of the State of Washington), appointed by the Secretary, in consultation with the Secretary of Commerce, from among a slate of 12 persons nominated by the Governor of Alaska and a slate of 10 persons nominated by the Governor of Washington.

(b)Persons appointed to the Advisory Panel shall be individuals who are knowledgeable or experienced concerning anadromous stocks and ecologically related species. In submitting a slate of nominees pursuant to subsection (a)(4), the Governors of Alaska and Washington shall seek to represent the broad range of parties interested in anadromous stocks and ecologically related species, and at a minimum shall include on each slate at least one representative of commercial salmon fishing interests and of environmental interests concerned with protection of living marine resources.

(c)Any person appointed to the Advisory Panel pursuant to subsection (a)(4) shall serve for a term not to exceed 4 years, and may not serve more than two consecutive terms.

(d)The Advisory Panel shall be invited to all nonexecutive meetings of the United States Section and at such meetings shall be granted the opportunity to examine and to be heard on all proposed programs of study and investigation, reports, and recommendations of the United States Section.

(e)The members of the Advisory Panel shall receive no compensation for their service as such members.

(f)(1)The Secretary may pay the necessary travel expenses of the members of the Advisory Panel in carrying out their service as such members in accordance with the Federal Travel Regulations and section 5701, 5702, 5704 through 5708, and 5731 of title 5.

(2)The Secretary of Commerce may reimburse the Secretary for amounts expended by the Secretary under this subparagraph.11 So in original. Probably should be “subsection”.

Notes & Related Subsidiaries

Editorial Notes

Codification Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.

Amendments

2016—Subsecs. (e), (f). Pub. L. 114–327 added subsecs. (e) and (f) and struck out former subsec. (e) which related to compensation and expenses.

Statutory Notes and Related Subsidiaries

Termination of Advisory PanelsAdvisory panels established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a panel established by the President or an officer of the Federal Government, such panel is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a panel established by Congress, its duration is otherwise provided for by law, see section 1001(2) and 1013 of Title 5, Government Organization and Employees.

§5004 Advisory Panel