 |
United States Code (Last Updated: May 24, 2014) |
 |
Title 16. CONSERVATION |
|
Chapter 38. FISHERY CONSERVATION AND MANAGEMENT |
|
SubChapter IV. NATIONAL FISHERY MANAGEMENT PROGRAM |
§ 1852. Regional Fishery Management Councils
-
(a) Establishment (1) There shall be established, within 120 days after April 13, 1976 , eight Regional Fishery Management Councils, as follows:(A) New England Council The New England Fishery Management Council shall consist of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except as provided in paragraph (3)). The New England Council shall have 18 voting members, including 12 appointed by the Secretary in accordance with subsection (b)(2) of this section (at least one of whom shall be appointed from each such State).
(B) Mid-Atlantic Council The Mid-Atlantic Fishery Management Council shall consist of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia, and North Carolina and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except North Carolina, and as provided in paragraph (3)). The Mid-Atlantic Council shall have 21 voting members, including 13 appointed by the Secretary in accordance with subsection (b)(2) of this section (at least one of whom shall be appointed from each such State).
(C) South Atlantic Council The South Atlantic Fishery Management Council shall consist of the States of North Carolina, South Carolina, Georgia, and Florida and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except as provided in paragraph (3)). The South Atlantic Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) of this section (at least one of whom shall be appointed from each such State).
(D) Caribbean Council The Caribbean Fishery Management Council shall consist of the Virgin Islands and the Commonwealth of Puerto Rico and shall have authority over the fisheries in the Caribbean Sea and Atlantic Ocean seaward of such States and of commonwealths, territories, and possessions of the United States in the Caribbean Sea (except as provided in paragraph (3)). The Caribbean Council shall have 7 voting members, including 4 appointed by the Secretary in accordance with subsection (b)(2) of this section (at least one of whom shall be appointed from each such State).
(E) Gulf Council The Gulf of Mexico Fishery Management Council shall consist of the States of Texas, Louisiana, Mississippi, Alabama, and Florida and shall have authority over the fisheries in the Gulf of Mexico seaward of such States (except as provided in paragraph (3)). The Gulf Council shall have 17 voting members, including 11 appointed by the Secretary in accordance with subsection (b)(2) of this section (at least one of whom shall be appointed from each such State).
(F) Pacific Council The Pacific Fishery Management Council shall consist of the States of California, Oregon, Washington, and Idaho and shall have authority over the fisheries in the Pacific Ocean seaward of such States. The Pacific Council shall have 14 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) of this section (at least one of whom shall be appointed from each such State), and including one appointed from an Indian tribe with Federally does not require notification regarding any brief closure of a portion of a meeting in order to discuss employment or other internal administrative matters.
(4) Each Council shall establish appropriate procedures applicable to it and to its committee and advisory panels for ensuring the confidentiality of the statistics that may be submitted to it by Federal or State authorities, and may be voluntarily submitted to it by private persons; including, but not limited to, procedures for the restriction of Council employee access and the prevention of conflicts of interest; except that such procedures, in the case of statistics submitted to the Council by a State or by the Secretary under section 1881a(b) of this title, must be consistent with the laws and regulations of that State, or with the procedures of the Secretary, as the case may be, concerning the confidentiality of the statistics. (5) Each Council shall specify those procedures that are necessary or appropriate to ensure that the committees and advisory panels established under subsection (g) of this section are involved, on a continuing basis, in the development and amendment of fishery management plans. (6) At any time when a Council determines it appropriate to consider new information from a State or Federal agency or from a Council advisory body, the Council shall give comparable consideration to new information offered at that time by interested members of the public. Interested parties shall have a reasonable opportunity to respond to new data or information before the Council takes final action on conservation and management measures. (j) Disclosure of financial interest and recusal (1) For the purposes of this subsection— (A) the term “affected individual” means an individual who— (i) is nominated by the Governor of a State for appointment as a voting member of a Council in accordance with subsection (b)(2) of this section; or (ii) is a voting member of a Council appointed— (I) under subsection (b)(2) of this section; or (II) under subsection (b)(5) of this section who is not subject to disclosure and recusal requirements under the laws of an Indian tribal government; and (B) the term “designated official” means a person with expertise in Federal conflict-of-interest requirements who is designated by the Secretary, in consultation with the Council, to attend Council meetings and make determinations under paragraph (7)(B). (2) Each affected individual must disclose any financial interest held by— (A) that individual; (B) the spouse, minor child, or partner of that individual; and (C) any organization (other than the Council) in which that individual is serving as an officer, director, trustee, partner, or employee; in any harvesting, processing, lobbying, advocacy, or marketing activity that is being, or will be, undertaken within any fishery over which the Council concerned has jurisdiction, or with respect to an individual or organization with a financial interest in such activity. (3) The disclosure required under paragraph (2) shall be made— (A) in the case of an affected individual referred to in paragraph (1)(A)(i), before appointment by the Secretary; and (B) in the case of an affected individual referred to in paragraph (1)(A)(ii), within 45 days of taking office. (4) An affected individual referred to in paragraph (1)(A)(ii) must update his or her disclosure form at any time any such financial interest is acquired, or substantially changed, by any person referred to in paragraph (2)(A), (B), or (C). (5) The financial interest disclosures required by this subsection shall— (A) be made on such forms, in accordance with such procedures, and at such times, as the Secretary shall by regulation prescribe; (B) be kept on file by the Council and made available on the Internet and for public inspection at the Council offices during reasonable hours; and (C) be kept on file by the Secretary for use in reviewing determinations under paragraph (7)(B) and made available for public inspection at reasonable hours. (6) The participation by an affected individual referred to in paragraph (1)(A)(ii) in an action by a Council during any time in which that individual is not in compliance with the regulations prescribed under paragraph (5) may not be treated as cause for the invalidation of that action. (7) (A) After the effective date of regulations promulgated under subparagraph (F) of this paragraph, an affected individual required to disclose a financial interest under paragraph (2) shall not vote on a Council decision which would have a significant and predictable effect on such financial interest. A Council decision shall be considered to have a significant and predictable effect on a financial interest if there is a close causal link between the Council decision and an expected and substantially disproportionate benefit to the financial interest of the affected individual relative to the financial interests of other participants in the same gear type or sector of the fishery. An affected individual who may not vote may participate in Council deliberations relating to the decision after notifying the Council of the voting recusal and identifying the financial interest that would be affected. (B) At the request of an affected individual, or upon the initiative of the appropriate designated official, the designated official shall make a determination for the record whether a Council decision would have a significant and predictable effect on a financial interest. (C) Any Council member may submit a written request to the Secretary to review any determination by the designated official under subparagraph (B) within 10 days of such determination. Such review shall be completed within 30 days of receipt of the request. (D) Any affected individual who does not vote in a Council decision in accordance with this subsection may state for the record how he or she would have voted on such decision if he or she had voted. (E) If the Council makes a decision before the Secretary has reviewed a determination under subparagraph (C), the eventual ruling may not be treated as cause for the invalidation or reconsideration by the Secretary of such decision. (F) The Secretary, in consultation with the Councils and by not later than one year from October 11, 1996 , shall promulgate regulations which prohibit an affected individual from voting in accordance with subparagraph (A), and which allow for the making of determinations under subparagraphs (B) and (C).(8) Section 208 of title 18 does not apply to an affected individual referred to in paragraph (1)(A)(ii) during any time in which that individual is in compliance with the regulations prescribed under paragraph (5). (9) On January 1, 2008 , and annually thereafter, the Secretary shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Resources on action taken by the Secretary and the Councils to implement the disclosure of financial interest and recusal requirements of this subsection, including identification of any conflict of interest problems with respect to the Councils and scientific and statistical committees and recommendations for addressing any such problems.(k) Council training program (1) Training course Within 6 months after January 12, 2007 , the Secretary, in consultation with the Councils and the National Sea Grant College Program, shall develop a training course for newly appointed Council members. The course may cover a variety of topics relevant to matters before the Councils, including—(A) fishery science and basic stock assessment methods; (B) fishery management techniques, data needs, and Council procedures; (C) social science and fishery economics; (D) tribal treaty rights and native customs, access, and other rights related to Western Pacific indigenous communities; (E) legal requirements of this chapter, including conflict of interest and disclosure provisions of this section and related policies; (F) other relevant legal and regulatory requirements, including the National Environmental Policy Act (42 U.S.C. 4321 et seq.); (G) public process for development of fishery management plans; (H) other topics suggested by the Council; and (I) recreational and commercial fishing information, including fish harvesting techniques, gear types, fishing vessel types, and economics for the fisheries within each Council’s jurisdiction. (2) Member training The training course shall be available to both new and existing Council members, staff from the regional offices and regional science centers of the National Marine Fisheries Service, and may be made available to committee or advisory panel members as resources allow.
(3) Required training Council members appointed after
January 12, 2007 , shall complete a training course that meets the requirements of this section not later than 1 year after the date on which they were appointed. Any Council member who has completed a training course within 24 months beforeJanuary 12, 2007 , shall be considered to have met the training requirement of this paragraph.(l) Council coordination committee The Councils may establish a Council coordination committee consisting of the chairs, vice chairs, and executive directors of each of the 8 Councils described in subsection (a)(1), or other Council members or staff, in order to discuss issues of relevance to all Councils, including issues related to the implementation of this chapter.
References In Text
The General Schedule, referred to in subsec. (d), is set out under section 5332 of Title 5, Government Organization and Employees.
This chapter, referred to in subsecs. (f)(2), (6), (g)(2), (h), (k)(1)(E), and (l), was in the original “this Act”, meaning Pub. L. 94–265,
Section 515 of the Treasury and General Government Appropriations Act for Fiscal year 2001, referred to in subsec. (g)(1)(E), is section 1(a)(3) [title V, § 515] of Pub. L. 106–554, which is set out as a note under section 3516 of Title 44, Public Printing and Documents.
The Federal Advisory Committee Act, referred to in subsec. (i)(1), is Pub. L. 92–463,
The National Environmental Policy Act, referred to in subsec. (k)(1)(F), probably means the National Environmental Policy Act of 1969, Pub. L. 91–190,
Amendments
2007—Subsec. (a)(1)(D). Pub. L. 109–479, § 102, inserted “and of commonwealths, territories, and possessions of the United States in the Caribbean Sea” after “seaward of such States”.
Subsec. (b)(2)(D), (E). Pub. L. 109–479, § 103(j), added subpar. (D) and redesignated former subpar. (D) as (E).
Subsec. (b)(5)(D). Pub. L. 109–479, § 103(a), added subpar. (D).
Subsec. (g). Pub. L. 109–479, § 103(b)(1), substituted “Committees and advisory panels” for “Committees and panels” in heading.
Subsec. (g)(1). Pub. L. 109–479, § 103(b)(1), added par. (1) and struck out former par. (1) which read as follows: “Each Council shall establish and maintain, and appoint the members of, a scientific and statistical committee to assist it in the development, collection, and evaluation of such statistical, biological, economic, social, and other scientific information as is relevant to such Council’s development and amendment of any fishery management plan.”
Subsec. (g)(2). Pub. L. 109–479, § 103(b)(2), (3), struck out “other” before “advisory panels” and realigned margins.
Subsec. (g)(3) to (5). Pub. L. 109–479, § 103(b)(3), realigned margins.
Subsec. (h)(5). Pub. L. 109–479, § 103(c)(1), which directed substitution of “authority;” for “authority, and”, was executed by making the substitution for “authority; and” to reflect the probable intent of Congress.
Subsec. (h)(6). Pub. L. 109–479, § 103(c)(3), added par. (6). Former par. (6) redesignated (7).
Subsec. (h)(7). Pub. L. 109–479, § 103(d)(1), (3), added par. (7). Former par. (7) redesignated (8).
Pub. L. 109–479, § 103(c)(2), redesignated par. (6) as (7).
Subsec. (h)(8). Pub. L. 109–479, § 103(d)(2), redesignated par. (7) as (8).
Subsec. (i)(1). Pub. L. 109–479, § 103(h)(1), substituted “to the Councils, the Council coordination committee established under subsection (l), or to the scientific and statistical committees or other committees or advisory panels established under subsection (g).” for “to the Councils or to the scientific and statistical committees or advisory panels established under subsection (g) of this section.”
Subsec. (i)(2). Pub. L. 109–479, § 103(h)(2), in introductory provisions, substituted “of a Council, of the Council coordination committee established under subsection (l), and of the scientific and statistical committees or other committees or advisory panels established under subsection (g):” for “of a Council, and of the scientific and statistical committee and advisory panels established under subsection (g) of this section:”.
Subsec. (i)(2)(C). Pub. L. 109–479, § 103(e), substituted “provided by any means that will result in wide publicity in the major fishing ports of the region (and in other major fishing ports having a direct interest in the affected fishery), except that e-mail notification and website postings alone are not sufficient.” for “published in local newspapers in the major fishing ports of the region (and in other major fishing ports having a direct interest in the affected fishery) and such notice may be given by such other means as will result in wide publicity.”
Subsec. (i)(3)(A). Pub. L. 109–479, § 103(h)(3), (4), in introductory provisions, inserted “the Council Coordination Committee established under subsection (l),” after “Council,” and “other committees,” after “committee,”.
Subsec. (i)(3)(B). Pub. L. 109–479, § 103(f), which directed substitution of “provide notice by any means that will result in wide publicity in the major fishing ports of the region (and in other major fishing ports having a direct interest in the affected fishery), except that e-mail notification and website postings alone are not sufficient,” for “notify local newspapers in the major fishing ports within its region (and in other major, affected fishing ports,”, was executed by making the substitution for text which ended with “ports),” to reflect the probable intent of Congress.
Subsec. (j)(2). Pub. L. 109–479, § 103(i)(1), (2), in concluding provisions, inserted “lobbying, advocacy,” after “processing,” and substituted “jurisdiction, or with respect to an individual or organization with a financial interest in such activity.” for “jurisdiction.”
Subsec. (j)(5)(B). Pub. L. 109–479, § 103(i)(3), added subpar. (B) and struck out former subpar. (B) which read as follows: “be kept on file, and made available for public inspection at reasonable hours, at the Council offices; and”.
Subsec. (j)(9). Pub. L. 109–479, § 103(i)(4), added par. (9).
Subsecs. (k), (l). Pub. L. 109–479, § 103(g), added subsecs. (k) and (l).
1999—Subsec. (a)(1)(A). Pub. L. 106–113 substituted “18” for “17” and “12” for “11”.
1996—Subsec. (a). Pub. L. 104–297, § 107(a)(1), (2), (6), inserted “(1)” before “There shall be established”, redesignated former pars. (1) to (8) as subpars. (A) to (H), respectively, adjusted margin of last sentence, and inserted “(2)” before “Each Council”.
Subsec. (a)(1)(A). Pub. L. 104–297, § 107(a)(3), substituted “paragraph (3)” for “section 1854(f)(3) of this title”.
Subsec. (a)(1)(B). Pub. L. 104–297, § 107(a)(3), (4), substituted “Virginia, and North Carolina” for “and Virginia”, inserted “North Carolina, and” after “except”, and substituted “paragraph (3)” for “section 1854(f)(3) of this title”, “21 voting” for “19 voting”, and “13 appointed” for “12 appointed”.
Subsec. (a)(1)(C) to (E). Pub. L. 104–297, § 107(a)(3), substituted “paragraph (3)” for “section 1854(f)(3) of this title”.
Subsec. (a)(1)(F). Pub. L. 104–297, § 107(a)(5), amended heading and text of subpar. (F) generally. Prior to amendment, text read as follows: “The Pacific Fishery Management Council shall consist of the States of California, Oregon, Washington, and Idaho and shall have authority over the fisheries in the Pacific Ocean seaward of such States. The Pacific Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) of this section (at least one of whom shall be appointed from each such State).”
Subsec. (a)(3). Pub. L. 104–297, § 107(a)(7), added par. (3).
Subsec. (b)(1)(C). Pub. L. 104–297, § 107(b)(1), substituted “paragraphs (2) and (5)” for “subsection (b)(2) of this section”.
Subsec. (b)(3). Pub. L. 104–297, § 107(b)(1), (2), substituted “paragraphs (2) and (5)” for “subsection (b)(2) of this section” and “Any term in which an individual was appointed to replace a member who left office during the term shall not be counted in determining the number of consecutive terms served by that Council member.” for “Any term completed prior to
Subsec. (b)(5), (6). Pub. L. 104–297, § 107(b)(3), added pars. (5) and (6) and struck out former par. (5) which read as follows: “The Secretary may remove for cause any member of a Council required to be appointed by the Secretary in accordance with subsection (b)(2) of this section if the Council concerned first recommends removal by not less than two-thirds of the members who are voting members. A removal recommendation of a Council must be in writing and accompanied by a statement of the reasons upon which the recommendation is based.”
Subsec. (d). Pub. L. 104–297, § 107(c), substituted “each Council who are required to be appointed by the Secretary and” for “each Council,” and “shall receive compensation at the daily rate for GS–15, step 7” for “shall, until
Subsec. (e)(5). Pub. L. 104–297, § 107(d), added par. (5).
Subsec. (g)(4), (5). Pub. L. 104–297, § 107(e), added par. (4) and redesignated former par. (4) as (5).
Subsec. (h)(1). Pub. L. 104–297, § 107(f)(1), added par. (1) and struck out former par. (1) which read as follows: “prepare and submit to the Secretary a fishery management plan with respect to each fishery (except as provided in section 1854(f)(3) of this title) within its geographical area of authority that requires conservation and management and, from time to time, such amendments to each such plan as are necessary;”.
Subsec. (h)(2). Pub. L. 104–297, § 107(f)(2), substituted “section 1824(b)(4)(C) of this title or section 1824(d) of this title” for “section 1824(b)(4)(C) of this title” and “section 1854(c)(4)” for “section 1854(c)(2)”.
Subsec. (h)(5). Pub. L. 104–297, § 107(f)(3), substituted “subsection (a)(3) of this section” for “1854(f)(3) of this title”.
Subsec. (i). Pub. L. 104–297, § 107(g), redesignated subsec. (j) as (i) and struck out heading and text of former subsec. (i). Text read as follows:
“(1) Each Council—
“(A) may comment on and make recommendations concerning any activity undertaken, or proposed to be undertaken, by any State or Federal agency that, in the view of the Council, may affect the habitat of a fishery resource under its jurisdiction; and
“(B) shall comment on and make recommendations concerning any such activity that, in the view of the Council, is likely to substantially affect the habitat of an anadromous fishery resource under its jurisdiction.
“(2) Within 45 days after receiving a comment or recommendation under paragraph (1) from a Council, a Federal agency shall provide a detailed response, in writing, to the Council regarding the matter. In the case of a comment or recommendation under paragraph (1)(B), the response shall include a description of measures being considered by the agency for mitigating or offsetting the impact of the activity on such habitat.”
Subsec. (i)(1). Pub. L. 104–297, § 107(h)(1), substituted “established under subsection (g) of this section” for “of the Councils”.
Subsec. (i)(2). Pub. L. 104–297, § 107(h)(2), substituted “established under subsection (g) of this section” for “of a Council” in introductory provisions.
Subsec. (i)(2)(C). Pub. L. 104–297, § 107(h)(3), (4), struck out “Council’s” after “fishing ports of the” and inserted at end “The published agenda of the meeting may not be modified to include additional matters for Council action without public notice or within 14 days prior to the meeting date, unless such modification is to address an emergency action under section 1855(c) of this title, in which case public notice shall be given immediately.”
Subsec. (i)(2)(D). Pub. L. 104–297, § 107(h)(5), inserted at end “All written information submitted to a Council by an interested person shall include a statement of the source and date of such information. Any oral or written statement shall include a brief description of the background and interests of the person in the subject of the oral or written statement.”
Subsec. (i)(2)(E). Pub. L. 104–297, § 107(h)(6), added subpar. (E) and struck out former subpar. (E) which read as follows: “Minutes of each meeting shall be kept and shall contain a record of the persons present, an accurate description of matters discussed and conclusions reached, and copies of all statements filed.”
Subsec. (i)(2)(F). Pub. L. 104–297, § 107(h)(7)–(9), struck out “by the Council” after “procedures established”, substituted “section 1881a(b)” for “section 1853(d)”, and inserted “or the Secretary, as appropriate” after “of the Council”.
Subsec. (i)(4). Pub. L. 104–297, § 107(h)(10), substituted “section 1881a(b)” for “section 1853(d)”.
Subsec. (j). Pub. L. 104–297, § 107(g), (i)(1), redesignated subsec. (k) as (j) and inserted “and recusal” at the end of subsection heading. Former subsec. (j) redesignated (i).
Subsec. (j)(1). Pub. L. 104–297, § 107(i)(2), added par. (1) and struck out former par. (1) which read as follows: “For purposes of this subsection, the term ‘affected individual’ means an individual who—
“(A) is nominated by the Governor of a State for appointment as a voting member of a Council in accordance with subsection (b)(2) of this section;
“(B) is a voting member of a Council appointed under subsection (b)(2) of this section; or
“(C) is the executive director of a Council.”
Subsec. (j)(3)(A). Pub. L. 104–297, § 107(i)(3), substituted “(1)(A)(i)” for “(1)(A)”.
Subsec. (j)(3)(B), (4). Pub. L. 104–297, § 107(i)(4), (5), substituted “(1)(A)(ii)” for “(1)(B) or (C)”.
Subsec. (j)(5)(C). Pub. L. 104–297, § 107(i)(6), added subpar. (C).
Subsec. (j)(6). Pub. L. 104–297, § 107(i)(7), substituted “(1)(A)(ii)” for “(1)(B) or (C)”.
Subsec. (j)(7). Pub. L. 104–297, § 107(i)(8), added par. (7). Former par. (7) redesignated (8).
Subsec. (j)(8). Pub. L. 104–297, § 107(i)(9), substituted “(1)(A)(ii)” for “(1)(B) or (C)”.
Pub. L. 104–297, § 107(i)(8), redesignated par. (7) as (8).
Subsec. (k). Pub. L. 104–297, § 107(g), redesignated subsec. (k) as (j).
1992—Subsec. (b)(3). Pub. L. 102–582 substituted “
1990—Subsec. (a). Pub. L. 101–627, § 108(a), inserted “(except as provided in section 1854(f)(3) of this title)” before period at end of first sentence in pars. (1) to (5).
Subsec. (b)(2). Pub. L. 101–627, § 108(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows:
“(A) The members of each Council required to be appointed by the Secretary must be individuals who are knowledgeable and experienced with regard to the conservation and management, or the recreational or commercial harvest, of the fishery resources of the geographical area concerned. The Secretary, in making appointments under this section, shall, to the extent practicable, ensure a fair apportionment, on a rotating or other basis, of the active participants (or their representatives) involved in the fisheries under Council jurisdiction.
“(B) The Secretary shall appoint the members of each Council from a list of individuals submitted by the Governor of each applicable constituent State. A Governor may not submit the names of individuals to the Secretary for appointment unless the Governor has, to the extent practicable, first consulted with representatives of the commercial and recreational fishing interests of the state regarding those individuals. Each such list shall include the names and pertinent biographical data of not less than three individuals for each applicable vacancy. The Secretary shall review each list submitted by a Governor to ascertain if the individuals on the list are qualified for the vacancy on the basis of the required knowledge and experience required by subparagraph (A). If the Secretary determines that any individual is not qualified, he shall notify the appropriate Governor of that determination. The Governor shall then submit a revised list or resubmit the original list with an additional explanation of the qualifications of the individual in question. An individual is not eligible for appointment by the Secretary until that individual complies with the applicable financial disclosure requirements under subsection (k) of this section.
“(C) Whenever the Secretary makes an appointment to a Council, he shall make a public announcement of such appointment not less than 45 days before the first day on which the individual is to take office as a member of the Council.”
Subsec. (b)(3). Pub. L. 101–627, § 108(c), inserted at end “No member appointed after
Subsec. (d). Pub. L. 101–627, § 108(d), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The voting members of each Council, who are not employed by the Federal Government or any State or local government, shall receive compensation at the daily rate for GS–18 of the General Schedule when engaged in the actual performance of duties for such Council. The voting members of each Council, any nonvoting member described in subsection (c)(1)(C) of this section, and the nonvoting member appointed pursuant to subsection (c)(2) of this section shall be reimbursed for actual expenses incurred in the performance of such duties, and other nonvoting members may be reimbursed for actual expenses.”
Subsec. (e)(3). Pub. L. 101–627, § 108(e)(1), substituted “at appropriate times and places in any of the constituent States of the Council” for “in the geographical area concerned”.
Subsec. (e)(4). Pub. L. 101–627, § 108(e)(2), inserted at end “The regional director of the National Marine Fisheries Service serving on the Council, or the regional director’s designee, shall submit such a statement, which shall be made available to the public upon request, if the regional director disagrees with any such matter.”
Subsec. (g)(3), (4). Pub. L. 101–627, § 108(f), added pars. (3) and (4).
Subsec. (h). Pub. L. 101–627, § 108(g), inserted “(except as provided in section 1854(f)(3) of this title)” before “within its geographical” in pars. (1) and (5).
Subsec. (i). Pub. L. 101–627, § 108(h), amended subsec. (i) generally. Prior to amendment, subsec. (i) read as follows: “Each Council may comment on, or make recommendations concerning, any activity undertaken, or proposed to be undertaken, by any State or Federal agency that, in the view of the Council, may affect the habitat of a fishery resource under its jurisdiction. Within 45 days after receiving such a comment or recommendation from a Council, a Federal agency must provide a detailed response, in writing, to the Council regarding the matter.”
Subsec. (j)(3)(A). Pub. L. 101–627, § 108(i)(1), substituted period for semicolon in cl. (ii), and in concluding provisions struck out “and if any meeting or portion is closed, the Council, committee, or panel concerned shall publish notice of the closure in local newspapers in the major fishing ports within its region (and in other major, affected fishing ports), including the time and place of the meeting.” before “Subparagraphs (D) and (F)” and inserted “of paragraph (2)” after “Subparagraphs (D) and (F)”.
Subsec. (j)(3)(B). Pub. L. 101–627, § 108(i)(2), added subpar. (B).
Subsec. (j)(4). Pub. L. 101–627, § 120(c), substituted “Council employee” for “council employee”.
Subsec. (j)(6). Pub. L. 101–627, § 108(j), added par. (6).
1986—Subsec. (b)(2)(A). Pub. L. 99–659, § 104(a)(1)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “The members of each Council required to be appointed by the Secretary must be individuals who are knowledgeable or experienced with regard to the management, conservation, or recreational or commercial harvest of the fishery resources of the geographical area concerned.”
Subsec. (b)(2)(B). Pub. L. 99–659, § 104(a)(1)(B), inserted provision that a Governor may not submit the names of individuals to the Secretary for appointment unless the Governor has, to the extent practicable, first consulted with representatives of the commercial and recreational fishing interests of the state regarding those individuals, substituted “knowledge and experience” for “knowledge or experience”, and inserted provision that an individual is not eligible for appointment by the Secretary until that individual complies with applicable financial disclosure requirements under subsec. (k) of this section.
Subsec. (b)(3). Pub. L. 99–659, § 104(a)(1)(C), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Each voting member appointed to a Council by the Secretary in accordance with subsection (b)(2) of this section shall serve for a term of 3 years; except that, with respect to the members initially so appointed, the Secretary shall designate up to one-third thereof to serve for a term of 1 year, up to one-third thereof to serve for a term of 2 years, and the remaining such members to serve for a term of 3 years.”
Subsec. (i). Pub. L. 99–659, § 104(b), added subsec. (i). Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 99–659, § 104(b)(1), redesignated former subsec. (i) as (j).
Subsec. (j)(4). Pub. L. 99–659, § 104(c), substituted “; except that such procedures, in the case of statistics submitted to the Council by a State or by the Secretary under section 1853(d) of this title, must be consistent with the laws and regulations of that State, or with the procedures of the Secretary, as the case may be, concerning the confidentiality of the statistics” for “; except that such procedures must, in the case of statistics submitted to the Council by a State, be consistent with the laws and regulations of that State concerning the confidentiality of such statistics”.
Subsec. (j)(5). Pub. L. 99–659, § 104(d), added par. (5).
Subsec. (k). Pub. L. 99–659, § 104(e)(1), added subsec. (k).
1983—Subsec. (a)(1) to (7). Pub. L. 97–453, § 5(1)(A), substituted “in accordance with subsection (b)(2)” for “pursuant to subsection (b)(1)(C)” wherever appearing.
Subsec. (a)(8). Pub. L. 97–453, § 5(1)(B), substituted provision that the Western Pacific Fishery Management Council shall consist of the States of Hawaii, American Samoa, Guam, and the Northern Mariana Islands and shall have authority over the fisheries in the Pacific Ocean seaward of such States and of the Commonwealths, territories, and possessions of the United States in the Pacific Ocean area, for provision that the Western Pacific Fishery Management Council would consist of the State of Hawaii, American Samoa, and Guam and have authority over the fisheries in the Pacific Ocean seaward of such States, and provision that the Western Pacific Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) of this section at least one of whom shall be appointed from each of Hawaii, American Samoa, Guam, and the Northern Mariana Islands, for provision that the Western Pacific Council would have 11 voting members, including 7 appointed by the Secretary pursuant to former subsection (b)(1)(C) of this section (at least one of whom would be appointed from each such State).
Subsec. (b)(1)(C). Pub. L. 97–453, § 5(2)(A), substituted reference to subsec. (b)(2) of this section for characterization of the members to be appointed as members of a list of qualified individuals submitted by the Governor of each applicable constituent State, that with respect to initial appointments, such Governors submit such lists to the Secretary as soon as practicable, not later than 45 days after
Subsec. (b)(2) to (5). Pub. L. 97–453, § 5(2)(B)–(E), added pars. (2) and (5), redesignated existing pars. (2) and (3) as (3) and (4), respectively, and in par. (3), as redesignated, substituted “by the Secretary in accordance with subsection (b)(2) of this section” for “pursuant to paragraph (1)(C)” after “appointed to a Council”.
Subsec. (f)(6). Pub. L. 97–453, § 5(3), inserted requirement that the procedures of a Council and associated committees and panels be consistent with the procedural guidelines set forth in subsec. (i)(2).
Subsec. (h)(1). Pub. L. 97–453, § 5(4)(A), inserted “that requires conservation and management” after “authority”.
Subsec. (h)(2). Pub. L. 97–453, § 5(4)(B), substituted “section 1824(b)(4)(C)” for “section 1824(b)(4)(B)”.
Subsec. (h)(3). Pub. L. 97–453, § 5(4)(C), inserted parenthetical definition of “geographical area concerned”.
Subsec. (h)(4). Pub. L. 97–453, § 5(4)(D), struck out subpar. (A) which provided for a report, before Feb. 1 of each year, on the Council’s activities during the immediately preceding calendar year, and struck out the subparagraph designators before subpars. (B) and (C).
Subsec. (i). Pub. L. 97–453, § 5(5), added subsec. (i).
1980—Subsec. (d). Pub. L. 96–561 inserted provision that other nonvoting members may be reimbursed for actual expenses.
1978—Subsec. (h)(5). Pub. L. 95–354 inserted provisions relating to capacity and extent to which United States fish processors will process harvested fish.
Change Of Name
Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress,
Effective Date Of Amendment
Pub. L. 99–659, title I, § 104(a)(2),
Transfer Of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
Miscellaneous
Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress,
Pub. L. 99–659, title I, § 104(e)(2),
Pub. L. 99–659, title I, § 113,