16 U.S.C. § 5721 — Yukon River Salmon Panel

Page 2558 TITLE 16—CONSERVATION § 5721 1 So in original. Probably should be section ‘‘262b’’. 1 See References in Text note below. members of the Joint Technical Committee, and members of the Advisory Committee in accordance with Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5; (2) the United States share of the joint ex- penses of the Panel and the Joint Technical Committee: Provided, That Panel members and alternate Panel members shall not, with re- spect to commitments concerning the United States share of the joint expenses, be subject to section 262(b) 1 of title 22, insofar as it lim- its the authority of United States representa- tives to international organizations with re- spect to such commitments; (3) not more than $3,000,000 for each fiscal year to the Department of the Interior and to the Department of Commerce for survey, res- toration, and enhancement activities related to Yukon River salmon; and (4) $400,000 in each of fiscal years 1996, 1997, 1998, and 1999 to be contributed to the Yukon River Restoration and Enhancement Fund and used in accordance with the Agreement. (Pub. L. 104–43, title VII, § 710, Nov. 3, 1995, 109 Stat. 395.) SUBCHAPTER II—CONSERVATION AND MANAGEMENT § 5721. Yukon River Salmon Panel (a) Establishment (1) In general There shall be a Yukon River Salmon Panel (in this subchapter referred to as the ‘‘Panel’’). (2) Functions The Panel shall— (A) advise the Secretary of State regarding the negotiation of any international agree- ment with Canada relating to management of salmon stocks originating from the Yukon River in Canada; (B) advise the Secretary of the Interior re- garding restoration and enhancement of such salmon stocks; and (C) perform other functions relating to conservation and management of such salm- on stocks as authorized by this subchapter or any other title.1 (3) Designation as United States representa- tives on bilateral body The Secretary of State may designate the members of the Panel to be the United States representatives on any successor to the panel established by the interim agreement for the conservation of salmon stocks originating from the Yukon River in Canada agreed to through an exchange of notes between the Government of the United States and the Gov- ernment of Canada on February 3, 1995, if au- thorized by any agreement establishing such successor. (b) Membership (1) In general The Panel shall be comprised of six mem- bers, as follows: (A) One member who is an official of the United States Government with expertise in salmon conservation and management, who shall be appointed by the Secretary of State. (B) One member who is an official of the State of Alaska with expertise in salmon conservation and management, who shall be appointed by the Governor of Alaska. (C) Four members who are knowledgeable and experienced with regard to the salmon fisheries on the Yukon River, who shall be appointed by the Secretary of State in ac- cordance with paragraph (2). (2) Appointees from Alaska (A) The Secretary of State shall appoint the members under paragraph (1)(C) from a list of at least three individuals nominated for each position by the Governor of Alaska. (B) In making the nominations, the Gov- ernor of Alaska may consider suggestions for nominations provided by organizations with expertise in Yukon River salmon fisheries. (C) The Governor of Alaska may make ap- propriate nominations to allow for appoint- ment of, and the Secretary of State shall ap- point, under paragraph (1)(C)— (i) at least one member who is qualified to represent the interests of Lower Yukon River fishing districts; and (ii) at least one member who is qualified to represent the interests of Upper Yukon River fishing districts. (D) At least one of the members appointed under paragraph (1)(C) shall be an Alaska Na- tive. (3) Alternates (A) The Secretary of State may designate an alternate Panel member for each Panel mem- ber the Secretary appoints under paragraphs (1)(A) and (C), who meets the same qualifica- tions, to serve in the absence of the Panel member. (B) The Governor of the State of Alaska may designate an alternative Panel member for the Panel member appointed under subsection (b)(1)(B), who meets the same qualifications, to serve in the absence of that Panel member. (c) Term length Panel members and alternate Panel members shall serve 4-year terms. Any individual ap- pointed to fill a vacancy occurring before the ex- piration of any term shall be appointed for the remainder of that term. (d) Reappointment Panel members and alternate Panel members shall be eligible for reappointment. (e) Decisions Decisions of the Panel shall be made by the consensus of the Panel members appointed under subparagraphs (B) and (C) of subsection (b)(1). (f) Consultation In carrying out their functions, Panel mem- bers may consult with such other interested par- ties as they consider appropriate. (Pub. L. 106–450, title II, § 202, Nov. 7, 2000, 114 Stat. 1941.) Page 2559 TITLE 16—CONSERVATION § 5726 1 So in original. Probably should be ‘‘171’’. Editorial Notes REFERENCES IN TEXT This subchapter or any other title, referred to in sub- sec. (a)(2)(C), was in the original ‘‘this or any other title’’. The reference to ‘‘any other title’’ probably was intended to mean a reference to any other act. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of this subchapter as the ‘‘Yukon River Salmon Act of 2000’’, see section 201 of Pub. L. 106–450, set out as a note under section 5701 of this title. § 5722. Advisory committee (a) Appointments The Governor of Alaska may establish and ap- point an advisory committee of not less than eight, but not more than 12, individuals who are knowledgeable and experienced with regard to the salmon fisheries on the Yukon River. At least two of the advisory committee members shall be Alaska Natives. Members of the advi- sory committee may attend all meetings of the Panel, and shall be given the opportunity to ex- amine and be heard on any matter under consid- eration by the Panel. (b) Compensation The members of such advisory committee shall receive no compensation for their services. (c) Term length Members of such advisory committee shall serve 2-year terms. Any individual appointed to fill a vacancy occurring before the expiration of any term shall be appointed for the remainder of that term. (d) Reappointment Members of such advisory committee shall be eligible for reappointment. (Pub. L. 106–450, title II, § 203, Nov. 7, 2000, 114 Stat. 1943.) § 5723. Exemption Chapter 10 of title 5 shall not apply to the Panel or to an advisory committee established under section 5722 of this title. (Pub. L. 106–450, title II, § 204, Nov. 7, 2000, 114 Stat. 1943; Pub. L. 117–286, § 4(a)(127), Dec. 27, 2022, 136 Stat. 4319.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’. § 5724. Authority and responsibility (a) Responsible management entity The State of Alaska Department of Fish and Game shall be the responsible management enti- ty for the United States for the purposes of any agreement with Canada regarding management of salmon stocks originating from the Yukon River in Canada. (b) Effect of designation The designation under subsection (a) shall not be considered to expand, diminish, or otherwise change the management authority of the State of Alaska or the Federal Government with re- spect to fishery resources. (c) Recommendations of Panel In addition to recommendations made by the Panel to the responsible management entities in accordance with any agreement with Canada re- garding management of salmon stocks origi- nating from the Yukon River in Canada, the Panel may make recommendations concerning the conservation and management of salmon originating in the Yukon River to the Depart- ment of the Interior, the Department of Com- merce, the Department of State, the North Pa- cific Fishery Management Council, and other Federal or State entities as appropriate. Rec- ommendations by the Panel shall be advisory in nature. (Pub. L. 106–450, title II, § 205, Nov. 7, 2000, 114 Stat. 1943.) § 5725. Administrative matters (a) Compensation Panel members and alternate Panel members who are not State or Federal employees shall re- ceive compensation at the daily rate of GS–15 of the General Schedule when engaged in the ac- tual performance of duties. (b) Travel and other necessary expenses Travel and other necessary expenses shall be paid by the Secretary of the Interior for all Panel members, alternate Panel members, and members of any advisory committee established under section 5722 of this title when engaged in the actual performance of duties. (c) Treatment as Federal employees Except for officials of the United States Gov- ernment, all Panel members, alternate Panel members, and members of any advisory com- mittee established under section 5722 of this title shall not be considered to be Federal em- ployees while engaged in the actual performance of duties, except for the purposes of injury com- pensation or tort claims liability as provided in chapter 81 of title 5 and chapter 71 1 of title 28. (Pub. L. 106–450, title II, § 206, Nov. 7, 2000, 114 Stat. 1943.) Editorial Notes REFERENCES IN TEXT GS–15 of the General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5, Government Organization and Employees. § 5726. Yukon River salmon stock restoration and enhancement projects (a) In general The Secretary of the Interior, in consultation with the Secretary of Commerce, may carry out projects to restore or enhance salmon stocks originating from the Yukon River in Canada and the United States. (b) Cooperation with Canada If there is in effect an agreement between the Government of the United States and the Gov-