§7802 Appointment or Designation of United States Commissioners

Summary

The United States gets up to three Commissioners on the Commission. The President picks them and must choose people who know about South Pacific fisheries. At least one Commissioner must be a Presidential appointee who is also an officer or employee of the Department of Commerce, the Department of State, or the Coast Guard, and who is the Council’s chairperson or that chairperson’s designee. The Secretary of State, after talking with the Secretary, can name alternate Commissioners for suitable periods. An alternate can do everything a regular Commissioner can when that regular Commissioner is absent. People who are not federal employees but serve as Commissioners or alternates are not treated as federal employees except for injury compensation and tort claim rules found in chapter 81 of title 5 and chapter 171 of title 28. Those who are U.S. officers while serving get no pay for serving as Commissioner or alternate. The Secretary of State must pay necessary travel costs under the Federal Travel Regulations and sections 5701, 5702, 5704–5708, and 5731 of title 5; the Secretary may repay the Secretary of State for those costs. The law also creates a seven‑member Advisory Committee with specific seats (a commercial fisher, two indigenous Pacific members including a Native Hawaiian, a marine fisheries scientist from the Council’s Scientific and Statistical Committee, an NGO representative active in Pacific fisheries, a person nominated by Hawaii’s Governor, and one chosen by the Council). Members serve two‑year terms and may be reappointed for no more than three consecutive terms, serve without pay, get support and information from the Secretaries, set their own rules and publish them, hold mostly public meetings with notice, and may use teleconferencing to save costs.