16 U.S.C. § 7802: Appointment or designation…

Summary

The United States will have up to three people as its Commissioners on the Commission. The President must choose people who know about South Pacific fishery resources. At least one Commissioner must be a current officer or employee of the Department of Commerce, Department of State, or the Coast Guard and must be the Council’s chair or the chair’s designee. The Secretary of State, after talking with the other Secretary, may name alternate Commissioners who can act with full powers when a regular Commissioner is absent. People who are not federal employees and who serve as Commissioners or alternates are not federal employees except for injury compensation or tort claims under chapter 81 of title 5 and chapter 171 of title 28. Commissioners and alternates get no pay for serving. The Secretary of State will pay their necessary travel costs under federal travel rules, and the other Secretary may repay those costs. A permanent Advisory Committee of seven members will be appointed by the Secretary. The group includes a commercial fisher from the Council’s area; two indigenous Pacific members (including a Native Hawaiian and another native-born Pacific State resident); a marine fisheries scientist on the Council’s Scientific and Statistical Committee; a Pacific fishery NGO representative; one person nominated by the Governor of Hawaii; and one chosen by the Council. Members serve two-year terms and may be reappointed up to three times in a row. The Committee sets its own rules, must publish them, holds public meetings (except executive sessions), needs a majority for a quorum, and is not covered by the Federal Advisory Committee Act. The Secretary and the Secretary of State must give the Committee needed information and support. Members serve without pay and are not federal employees except for the injury and tort claim protections named above.

Title 16, §7802

Conservation, Source: USLM XML via OLRC

(a)Appointment

(1)In general

The United States shall be represented on the Commission by not more than 3 Commissioners. In making each appointment, the President shall select a Commissioner from among individuals who are knowledgeable or experienced concerning fishery resources in the South Pacific Ocean.

(2)Representation

At least 1 of the Commissioners shall be—

(A)serving at the pleasure of the President, an officer or employee of—

(i)the Department of Commerce;

(ii)the Department of State; or

(iii)the Coast Guard; and

(B)the chairperson or designee of the Council.

(b)Alternate Commissioners

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).

(c)Administrative matters

(1)Employment status

An individual serving as a Commissioner, or as an alternate 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)Compensation

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)Travel expenses

(A)In general

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)Reimbursement

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

(d)Advisory Committee

(1)Establishment of permanent Advisory Committee

(A)Membership

There is established an advisory committee which shall be composed of 7 members appointed by the Secretary as follows:

(i)A member engaging in commercial fishing in the management area of the Council.

(ii)Two members from the indigenous population of the Pacific, including a Native Hawaiian and a native-born inhabitant of any State in the Pacific.

(iii)A member that is a marine fisheries scientist and a member of the Council’s Scientific and Statistical Committee.

(iv)A member representing a non-governmental organization active in fishery issues in the Pacific.

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

(vi)A member designated by the Council.

(B)Terms and privileges

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 may attend each meeting and may examine and be heard on all proposed programs, investigations, reports, recommendations, and regulations of the Commissioners.

(C)Procedures

(i)In general

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

(ii)Public availability of procedures

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

(iii)Quorum

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

(iv)Public meetings

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.).

(v)Cost savings

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)Provision of information

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

(2)Administrative matters

(A)Support services

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)Compensation; status; expenses

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.

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.

§7802 Appointment or Designation of United States Commissioners