16 U.S.C. § 3632
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 States1 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.
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), 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.
The United States shall be represented on the southern Panel by six Panel members, of whom-
The United States shall be represented on the northern Panel by six Panel members, of whom-
The United States shall be represented on the Fraser River Panel by four Panel members, of whom-
The United States shall be represented on the Transboundary Panel by seven panel members, of whom-
Panel members described in subsections (c)(2), (c)(3), (d)(2), and (e)(2) shall be appointed by the Governor of the applicable State. Panel members described in subsections (c)(4) and (e)(3) 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) 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), 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) 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.
In carrying out their functions under the Treaty, the Commissioners and Panel members may consult with such other interested parties as they consider appropriate. Chapter 10 of title 5 shall not apply.
1So in original. Probably should be "State".
2So in original. The comma probably should not appear.
3So in original. Probably should be followed by a period.
16 U.S.C. § 3632
EDITORIAL NOTES
AMENDMENTS2022-Subsec. (i). Pub. L. 117-286 substituted "Chapter 10 of title 5" for "The Federal Advisory Committee Act". 2000-Subsec. (f). Pub. L. 106-554, §1(a)(4) [div. B, title I, §144(c)(5)(A)], added subsec. (f). Former subsec. (f) redesignated (g).Subsec. (g). Pub. L. 106-554, §1(a)(4) [div. B, title I, §144(c)(5)(B), (C)], redesignated subsec. (f) as (g) and substituted "For the northern, southern, and Fraser River panels, the appointing authorities" for "The appointing authorities". Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 106-554, §1(a)(4) [div. B, title I, §144(c)(5)(B)], redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i). Subsec. (h)(3). Pub. L. 106-554, §1(a)(4) [div. B, title I, §144(c)(5)(D)], substituted "northern, southern, and transboundary" for "northern and southern".Subsec. (i). Pub. L. 106-554, §1(a)(4) [div. B, title I, §144(c)(5)(B)], redesignated subsec. (h) as (i).1999-Subsec. (g)(1). Pub. L. 99-5, §16(c)(1), formerly Pub. L. 106-113, §1000(a)(1) [title II, §623(c)(1)], as renumbered by Pub. L. 109-479, §302(d)(1), substituted "Except as provided in paragraph (2), the" for "The". Subsec. (g)(2) to (8). Pub. L. 99-5, §16(c)(2), (3), formerly Pub. L. 106-113, §1000(a)(1) [title II, §623(c)(2), (3)], as renumbered by Pub. L. 109-479, §302(d)(1), added par. (2) and redesignated former pars. (2) to (7) as (3) to (8), respectively.
- Commission
- "Commission" means the Pacific Salmon Commission established by the Treaty;
- Panel
- "Panel" means any of the Panels established by the Treaty;
- Secretary
- "Secretary" means the Secretary of Commerce;
- Treaty
- "Treaty" means the Treaty between the Government of the United States of America and the Government of Canada Concerning Pacific Salmon, signed at Ottawa, January 28, 1985;
- United States Section
- "United States Section" means the four United States Commissioners appointed by the President pursuant to this chapter.
- person
- "person" means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State);
- salmon
- "salmon" means any anadromous species of the family Salmonidae and genus Oncorhynchus, commonly known as Pacific salmon, including but not limited to:Popular namesScientific nameChinook or King Salmon Oncorhynchus tshawytschaCoho or Silver Salmon Oncorhynchus kisutchPink or Humpback Salmon Oncorhynchus gorbuschaChum or Dog Salmon Oncorhynchus ketaSockeye or Red Salmon Oncorhynchus nerkaand shall also include Steelhead (Salmo gairdneri);