§7702 — Title 16 Conservation | U.S. Code

Summary

The United States must send five commissioners to the North Pacific Fisheries Commission. Two are picked by the President from people who work for the Department of Commerce, the Department of State, or the Coast Guard and who know about North Pacific fisheries. The other three are the chairs (or the chairs’ chosen replacements) of the North Pacific, Pacific, and Western Pacific Fishery Management Councils. If a spot is empty, the Secretary of State, after talking with the Secretary of Commerce, can name an alternate to fill in. An alternate can do all the same work and serve the rest of the absent commissioner’s term. People who are not federal employees do not become federal employees by serving, except they are covered for injury pay and tort claims. Commissioners who are federal officers get no pay for this work. The Secretary of State will pay travel costs for commissioners and alternates under federal travel rules, and the Secretary of Commerce may repay the Secretary of State for those expenses. An 11-member advisory committee will be set up by the Secretary. Its members include commercial fishers from the three council areas, three indigenous members from the North Pacific (for example an Alaska Native, a Native Hawaiian or other Pacific state native, and someone from a Pacific Coast tribe), a marine fisheries scientist from a nearby state, and one person nominated by each governor of Alaska, Hawaii, Washington, and California. Members serve two-year terms and may be reappointed up to three times in a row. The committee must be told about and attend commission meetings and can review and speak on proposals. The committee makes its own rules, publishes them, and must hold public meetings when not in closed session. The Secretary and Secretary of State will give the committee information and support. Committee members serve unpaid, are not federal employees except for injury and tort coverage, and may have travel paid by the Secretary of State, with the Secretary of Commerce able to reimburse those costs.

Title 16, §7702

Conservation — Source: USLM XML via OLRC

(a)(1)The United States shall be represented on the Commission by five United States Commissioners.

(2)The Commissioners shall be as follows:

(A)(i)Two of the Commissioners shall be appointed by the President and shall be an officer or employee of—

(I)the Department of Commerce;

(II)the Department of State; or

(III)the Coast Guard.

(ii)In making each appointment under clause (i), the President shall select a Commissioner from among individuals who are knowledgeable or experienced concerning fisheries resources in the North Pacific Ocean.

(B)One Commissioner shall be the chairman of the North Pacific Fishery Management Council or a designee of such chairman.

(C)One Commissioner shall be the chairman of the Pacific Fishery Management Council or a designee of such chairperson.

(D)One Commissioner shall be the chairman of the Western Pacific Fishery Management Council or a designee of such chairperson.

(b)In the event of a vacancy in a position as a Commissioner appointed under subsection (a), the Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time considered appropriate an alternate Commissioner to the Commission. An alternate Commissioner may exercise all powers and duties of a Commissioner in the absence of a Commissioner appointed under subsection (a), and shall serve the remainder of the term of the absent Commissioner for which designated.

(c)(1)An individual serving as a Commissioner, or an alternative Commissioner, other than an officer or employee of the United States Government, shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28.

(2)An individual serving as a Commissioner or an alternate Commissioner, although an officer of the United States while so serving, shall receive no compensation for the individual’s services as such Commissioner or alternate Commissioner.

(3)(A)The Secretary of State shall pay the necessary travel expenses of a Commissioner or an alternate Commissioner in accordance with the Federal Travel Regulations and section 5701, 5702, 5704 through 5708, and 5731 of title 5.

(B)The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this paragraph.

(d)(1)(A)There is established an advisory committee which shall be composed of 11 members appointed by the Secretary as follows:

(i)A member engaging in commercial fishing activities in the management area of the North Pacific Fishery Management Council.

(ii)A member engaging in commercial fishing activities in the management area of the Pacific Fishery Management Council.

(iii)A member engaging in commercial fishing activities in the management area of the Western Pacific Fishery Management Council.

(iv)Three members from the indigenous population of the North Pacific, including an Alaska Native, Native Hawaiian, or a native-born inhabitant of any State of the United States in the Pacific, and an individual from a Pacific Coast tribe.

(v)A member that is a marine fisheries scientist that is a resident of a State the adjacent exclusive economic zone for which is bounded by the Convention Area.

(vi)A member nominated by the Governor of the State of Alaska.

(vii)A member nominated by the Governor of the State of Hawaii.

(viii)A member nominated by the Governor of the State of Washington.

(ix)A member nominated by the Governor of the State of California.

(B)Each member of the Advisory Committee shall serve for a term of 2 years and shall be eligible for reappointment for not more than 3 consecutive terms. The Commissioners shall notify the Advisory Committee in advance of each meeting of the Commissioners. The Advisory Committee shall attend each meeting and shall examine and be heard on all proposed programs, investigations, reports, recommendations, and regulations of the Commissioners.

(C)(i)The Advisory Committee shall determine its organization and prescribe its practices and procedures for carrying out its functions under this chapter, the North Pacific Fisheries Convention, and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(ii)The Advisory Committee shall publish and make available to the public a statement of its organization, practices, and procedures.

(iii)A majority of the members of the Advisory Committee shall constitute a quorum to conduct business.

(iv)Meetings of the Advisory Committee, except when in executive session, shall be open to the public. Prior notice of each non-executive meeting shall be made public in a timely fashion. The Advisory Committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).11 See References in Text note below.

(v)In order to reduce the cost of Advisory Committee meetings, the Advisory Committee shall, to the extent practicable, utilize teleconferences and webinars for that purpose.

(D)The Secretary and the Secretary of State shall furnish the Advisory Committee with relevant information concerning fisheries resources and international fishery agreements.

(2)(A)The Secretary shall provide to the Advisory Committee in a timely manner such administrative and technical support services as are necessary to function effectively.

(B)An individual appointed to serve as a member of the Advisory Committee—

(i)shall serve without pay; and

(ii)shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28.

(C)(i)The Secretary of State may pay the necessary travel expenses of members of the Advisory Committee in carrying out the duties of the Advisory Committee in accordance with the Federal Travel Regulations and section 5701, 5702, 5704 through 5708, and 5731 of title 5.

(ii)The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this subparagraph.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (d)(1)(C)(i), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1801 of this title and Tables. The Federal Advisory Committee Act, referred to in subsec. (d)(1)(C)(iv), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

§7702 United States Participation in the North Pacific Fisheries Convention