16 U.S.C. § 3632 : US Code - Section 3632: United States Section

Search 16 U.S.C. § 3632 : US Code - Section 3632: United States Section

(a) Commissioners
The United States shall be represented on the Commission by four
United States Commissioners who are knowledgeable or experienced
concerning Pacific salmon, to be appointed by and serve at the
pleasure of the President. Of these, one shall be an official of
the United States Government who shall be a nonvoting member of the
United States Section; one shall be a resident of the State of
Alaska and shall be appointed from a list of at least six qualified
individuals nominated by the Governor of that State; one shall be a
resident of the States (!1) of Oregon,(!2) or Washington and shall
be appointed from a list of at least six qualified individuals
nominated by the Governors of those States; and one shall be
appointed from a list of at least six qualified individuals
nominated by the treaty Indian tribes of the States of Idaho,
Oregon or Washington. Two of the initial appointments shall be for
two-year terms; all other appointments shall be for four-year
terms. Each Commissioner is eligible for reappointment. Any
individual appointed to fill a vacancy occurring prior to the
expiration of any term of office shall be appointed for the
remainder of that term. Unless otherwise agreed, the chairmanship
of the United States Section shall rotate annually among all four
members with the order of rotation determined by lot at the first
meeting.
(b) Alternate Commissioners
The Secretary of State, in consultation with the Secretary and
the Secretary of the Interior, shall designate an Alternate
Commissioner for each Commissioner from the respective lists
referred to in subsection (a) of this section, and may designate an
Alternate Commissioner for the Federal Commissioner. In the absence
of a Commissioner, the Alternate Commissioner may exercise all
functions of such Commissioner at any meeting of the Commission or
of the United States Section. Alternate Commissioners are eligible
for reappointment and may attend all meetings of the United States
Section.
(c) Southern Panel
The United States shall be represented on the southern Panel by
six Panel members, of whom -
(1) one shall be an official of the United States Government,
with salmon fishery management responsibility and expertise;
(2) one shall be an official of the State of Oregon, with
salmon fishery management responsibility and expertise;
(3) one shall be an official of the State of Washington, with
salmon fishery management responsibility and expertise;
(4) two shall be appointed from a list submitted by the treaty
Indian tribes of individuals with salmon fishery management
responsibility and expertise; and
(5) one shall be appointed from the commercial or recreational
sector who is knowledgeable and experienced in the salmon
fisheries for which the southern Panel is responsible.
(d) Northern Panel
The United States shall be represented on the northern Panel by
six Panel members, of whom -
(1) one shall be an official of the United States Government,
with salmon fishery management responsibility and expertise;
(2) one shall be an official of the State of Alaska, with
salmon fishery management responsibility and expertise; and
(3) four shall be individuals knowledgeable and experienced in
the salmon fisheries for which the northern Panel is responsible.
(e) Fraser River Panel
The United States shall be represented on the Fraser River Panel
by four Panel members, of whom -
(1) one shall be an official of the United States Government,
with salmon fishery management responsibility and expertise;
(2) one shall be an official of the State of Washington, with
salmon fishery management responsibility and expertise;
(3) one shall be appointed from a list submitted by the treaty
Indian tribes of individuals with salmon fishery management
responsibility and expertise for the fisheries for which the
Fraser River Panel is responsible; and
(4) one shall be appointed from the commercial sector of the
salmon fishing industry concerned with fisheries for which the
Fraser River Panel is responsible.
(f) Transboundary Panel
The United States shall be represented on the Transboundary Panel
by seven panel members, of whom -
(1) one shall be an official of the United States Government,
with salmon fishery management responsibility and expertise;
(2) one shall be an official of the State of Alaska, with
salmon fishery management responsibility and expertise; and
(3) five shall be individuals knowledgeable and experienced in
the salmon fisheries for which the Transboundary Panel is
responsible.
(g) Panel appointments
Panel members described in subsections (c)(2), (c)(3), (d)(2),
and (e)(2) of this section shall be appointed by the Governor of
the applicable State. Panel members described in subsections (c)(4)
and (e)(3) of this section shall be appointed by the Secretary of
the Interior from lists of nominations provided by the appropriate
treaty Indian tribes. All other Panel members shall be appointed by
the Secretary: Provided, That at least one member of the northern
Panel shall be a voting member of the North Pacific Fishery
Management Council, at least one member of the southern Panel shall
be a voting member of the Pacific Fishery Management Council; and
the Panel members described in subsections (c)(5), (d)(3), and
(e)(4) of this section shall be appointed from lists of nominations
provided by the Governors of the applicable States. For the
northern, southern, and Fraser River panels, the appointing
authorities listed above may also designate an alternate Panel
member, meeting the same qualifications and having the same term of
office, to service in the absence of a Panel member appointed under
this subsection. Panel members and alternate Panel members, other
than the southern Panel member described in subsection (c)(5) of
this section, shall serve four-year terms; except that the
Secretary of State shall designate one-half of the initial
appointments to each Panel as serving two-year terms. The southern
Panel member described in subsection (c)(5) of this section and the
corresponding alternate shall each be appointed for one-year terms;
the first such member shall be appointed from the commercial sector
and an alternate shall be appointed from the recreational sector,
with the alternate succeeding to the member position in the
subsequent year; thereafter the member and alternate positions
shall rotate between the commercial and recreational sectors on an
annual basis. Any individual appointed to fill a vacancy occurring
prior to the expiration of any term of office shall be appointed
for the remainder of that term. Panel members and alternates shall
be eligible for reappointment and may attend all meetings of the
relevant United States Panel Section.
(h) Voting requirements
(1) Except as provided in paragraph (2), the United States
Section shall operate with the objective of attaining consensus
decisions in the development and exercise of its single vote within
the Commission. A decision of the United States Section shall be
taken when there is no dissenting vote.
(2) A decision of the United States Section with respect to any
salmon fishery regime covered by chapter 1 or 2 (except paragraph 4
of chapter 2) of Annex IV to the Pacific Salmon Treaty of 1985
shall be taken upon the affirmative vote of the United States
Commissioner appointed from the list submitted by the Governor of
Alaska pursuant to subsection (a) of this section. A decision of
the United States Section with respect to any salmon fishery regime
covered by chapter 4, 5 (except paragraph 2(b) of chapter 5), or 6
of the Pacific Salmon Treaty of 1985 shall be taken upon the
affirmative vote of both the United States Commissioner appointed
from the list submitted by the Governors of Washington and Oregon
pursuant to subsection (a) of this section and the United States
Commissioner appointed from the list submitted by the treaty Indian
tribes of the State of Idaho, Oregon, or Washington pursuant to
subsection (a) of this section. Before a decision of the United
States Section is made under this paragraph, the voting
Commissioner or Commissioners shall consult with the Commissioner
who is an official of the United States Government under subsection
(a) of this section (!3)
(3) All decisions and recommendations of the United States
Section of the northern, southern, and transboundary Panels shall
require the concurring vote of a majority of the United States
Panel members present and voting, except that decisions and
recommendations of the southern Panel shall require the concurring
vote of the members designated in subsections (c)(2) and (c)(3) of
this section and one of those members designated in subsection
(c)(4) of this section.
(4) All decisions and recommendations of the United States
Section of the Fraser River Panel shall require the concurring vote
of all United States Panel members present and voting, except that
orders referred to in article VI(6) of the Treaty may be agreed to
on the basis of a majority, provided that the Panel members
representing the State and Tribal fishery management authorities
concur.
(5) All decisions and recommendations of any joint Panel shall
require the concurring votes of each Panel under the voting rules
specified in paragraphs (2) and (3).
(6) To assist in the resolution of disputes affecting decisions
of the United States Section or of the United States Panel
sections, a three-person Conciliation Board may be established. The
members of the Conciliation Board shall be selected by the United
States Section as follows: each non-Federal Commissioner shall
submit a list of no fewer than three qualified nominees; one person
shall be selected from each list by consensus decision of the
Federal Commissioner and the other two non-Federal Commissioners.
The Conciliation Board shall operate under such bylaws as may be
established by the United States Section.
(7) In any matter where the Fraser River Panel is unable to act
because the United States Fraser River Panel members have been
unable to reach a decision in accordance with paragraph (3) of this
subsection, and upon a determination by the Chairman of the United
States Section that an action of the Panel is required, the United
States Section shall act for the United States Panel members in the
Fraser River Panel.
(8) In any matter where the Secretary of State determines that
the United States is in jeopardy of not fulfilling its
international obligations under the Treaty, the Secretary of State
shall so certify to the United States Section. Such certification
shall include the reasons for such determination and shall specify
the date by which a decision by the United States Section is
desired. If the United States Section has not reached a decision by
the date specified, the Secretary of State, after consultation with
the Secretary and the Secretary of the Interior, shall report on
the matter to the President.
(i) Consultation
In carrying out their functions under the Treaty, the
Commissioners and Panel members may consult with such other
interested parties as they consider appropriate. The Federal
Advisory Committee Act [5 U.S.C. App.] shall not apply.