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16 U.S.C. § 3632 — United States Section

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3632 — United States Section

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Source file: Laws/federal/codes/united-states-code/title-16/section-3632-united-states-section--3a6c29f39e.md
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Source location: Title 16, Chapter 56A, § 3632; chapter-56a-pacific-salmon-fishing.md

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**(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 11 So in original. Probably should be “State”. of Oregon,22 So in original. The comma probably should not appear. 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), 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) 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. **(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). 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) 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). 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) 33 So in original. Probably should be followed by a period. (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) and one of those members designated in subsection (c)(4). (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. Chapter 10 of title 5 shall not apply.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3645 — Northern and Southern Funds; treaty implementation; additional authorization of appropriations

**(a) Northern Fund and Southern Fund** (1) As provided in the June 30, 1999, Agreement of the United States and Canada on the Treaty Between the Government of the United States and the Government of Canada Concerning Pacific Salmon, 1985 (hereafter referred to as the “1999 Pacific Salmon Treaty Agreement”) there are hereby established a Northern Boundary and Transboundary Rivers Restoration and Enhancement Fund (hereafter referred to as the “Northern Fund”) and a Southern Boundary Restoration and Enhancement Fund (hereafter referred to as the “Southern Fund”) to be held by the Pacific Salmon Commission. The Northern Fund and Southern Fund shall be invested in interest bearing accounts, bonds, securities, or other investments in order to achieve the highest annual yield consistent with protecting the principal of each Fund. Income from investments made pursuant to this paragraph shall be available until expended, without appropriation or fiscal year limitation, for programs and activities relating to salmon restoration and enhancement, salmon research, the conservation of salmon habitat, and implementation of the Pacific Salmon Treaty and related agreements. Amounts provided by grants under this subsection may be held in interest bearing accounts prior to the disbursement of such funds for program purposes, and any interest earned may be retained for program purposes without further appropriation. The Northern Fund and Southern Fund are subject to the laws governing Federal appropriations and funds and to unrestricted circulars of the Office of Management and Budget. Recipients of amounts from either Fund shall keep separate accounts and such records as are reasonably necessary to disclose the use of the funds as well as to facilitate effective audits. (2) **Fund Mana

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3645

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3632 — United States Section

Page 2316 TITLE 16—CONSERVATION § 3632 1 So in original. Probably should be ‘‘State’’. 2 So in original. The comma probably should not appear. Popular names Scientific name Pink or Humpback Salmon .................... Oncorhynchus gorbuscha Chum or Dog Salmon Oncorhynchus keta Sockeye or Red Salmon .................... Oncorhynchus nerka and shall also include Steelhead (Salmo gairdneri); (g) ‘‘Secretary’’ means the Secretary of Commerce; (h) ‘‘Treaty’’ means the Treaty between the Government of the United States of America and the Government of Canada Concerning Pa- cific Salmon, signed at Ottawa, January 28, 1985; (i) ‘‘treaty Indian tribe’’ means any of the federally recognized Indian tribes of the Co- lumbia River basin, Washington coast or Puget Sound areas having reserved fishing rights to salmon stocks subject to the Treaty under treaties with the United States Govern- ment; and (j) ‘‘United States Section’’ means the four United States Commissioners appointed by the President pursuant to this chapter. (Pub. L. 99–5, § 2, Mar. 15, 1985, 99 Stat. 7; Pub. L. 102–251, title III, § 306(a), Mar. 9, 1992, 106 Stat. 66; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.) AMENDMENT OF SECTION Pub. L. 102–251, title III, §§ 306(a), 308, Mar. 9, 1992, 106 Stat. 66, provided that, effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until the date on which the Agreement enters into force for the United States, this

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3632

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