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Title 16 — Conservation

Chapter 70 — North Pacific Anadromous Stocks Convention

§ 5003. United States Commissioners

Statutory text

(a)

Commissioners

The United States shall be represented on the Commission by not more than three United States Commissioners to be appointed by and serve at the pleasure of the President. Each United States Commissioner shall be appointed for a term of office not to exceed 4 years, but is eligible for reappointment. Individuals serving as such Commissioners shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28. Of the Commissioners—

(1)

one shall be an official of the United States Government;

(2)

one shall be a resident of the State of Alaska; and

(3)

one shall be a resident of the State of Washington.

An individual is not eligible for appointment under paragraph (2) or (3) as a Commissioner unless the individual is knowledgeable or experienced concerning the anadromous stocks and ecologically related species of the North Pacific Ocean.

(b)

Alternate Commissioners

The Secretary, in consultation with the Secretary of Commerce, may designate from time to time Alternate United States Commissioners to the Commission. An Alternate United States Commissioner may exercise all designated powers and duties of a United States Commissioner in the absence of a duly designated Commissioner for whatever reason. The number of such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of authorized United States Commissioners that will not be present.

(c)

United States Section

The United States Section, in consultation with the Advisory Panel established in section 5004 of this title, shall identify and recommend to the Commission research needs and priorities for anadromous stocks and ecologically related species subject to the Convention, and oversee the United States research programs involving such fisheries, stocks, and species.

(d)

Compensation

United States Commissioners and Alternate United States Commissioners shall receive no compensation for their services as Commissioners and Alternate Commissioners.

(e)

Travel expenses

(1)

In general

The Secretary may pay the necessary travel expenses of the United States Commissioners and Alternate United States Commissioners in carrying out the duties of the Commission in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5.

(2)

Reimbursement

The Secretary of Commerce may reimburse the Secretary for amounts expended by the Secretary under this subparagraph.1

Footnotes

  1. 1 So in original. Probably should be “subsection”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. North Pacific Anadromous Stocks Act of 1992

    Pub. L. 102–567 title VIII § 804 · 106 Stat. 4270

    Enacted · 16 U.S.C. § 5003

    Pub. L. 102–567, title VIII, § 804, Oct. 29, 1992, 106 Stat. 4310

    Source evidence

    Code source credit
    Pub. L. 102–567, title VIII, § 804, Oct. 29, 1992, 106 Stat. 4310

    Enacted provision · exact public law section
    SEC. 804. UNITED STATES COMMISSIONERS. (a) Commissioners.— The United States shall be represented on the Commission by not more than three United States Commissioners to be appointed by and serve at the pleasure of the President. Each United States Commissioner shall be appointed for a term of office not to exceed 4 years, but is eligible for reappointment. Of the Commissioners— (1) one shall be an official of the United States Government; (2) one shall be a resident of the State of Alaska; and (3) one shall be a resident of the State of Washington. An individual is not eligible for appointment under paragraph (2) or (3) as a Commissioner unless the individual is knowledgeable or experienced concerning the anadromous stocks and ecologically related species of the North Pacific Ocean. (b) Alternate Commissioners.— The Secretary, in consultation with the Secretary of Commerce, may designate from time to time Alternate United States Commissioners to the Commission. An Alternate United States Commissioner may exercise all designated powers and duties of a United States Commissioner in the absence of a duly designated Commissioner for whatever reason. The number of such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of authorized United States Commissioners that will not be present. (c) United States Section.— The United States Section, in consultation with the Advisory Panel established in section 805, shall identify and recommend to the Commission research needs and priorities for anadromous stocks and ecologically related species subject to the Convention, and oversee the United States research programs involving such fisheries, stocks, and species. (d) Compensation.— United States Commissioners and Alternate United States Commissioners shall receive no compensation for their services as Commissioners and Alternate Commissioners.

  2. Pub. L. 106–562 § 304(b) · 114 Stat. 2794

    Inserted · 16 U.S.C. § 5003(a)

    Pub. L. 106–562, § 304(b), inserted after second sentence “Individuals serving as such Commissioners shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–562, § 304(b), inserted after second sentence “Individuals serving as such Commissioners shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28.”

    Enacted provision · exact public law section
    (b) Treatment Commissioners.— Section 804(a) of the North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5003(a)) is amended by inserting before “Of the Commissioners—” the following: “Individuals serving as such Commissioners shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code.”.

  3. Ensuring Access to Pacific Fisheries Act

    Pub. L. 114–327 title I § 121(b)(1) · 130 Stat. 1974

    Added · 16 U.S.C. § 5003(e)

    Pub. L. 114–327 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 114–327 added subsec. (e).

    Enacted provision · exact public law section
    (1) United states commissioners.— Section 804 of the North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5003) is amended by adding at the end the following: “(e) Travel Expenses.— “(1) In general.— The Secretary may pay the necessary travel expenses of the United States Commissioners and Alternate United States Commissioners in carrying out the duties of the Commission in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code. “(2) Reimbursement.— The Secretary of Commerce may reimburse the Secretary for amounts expended by the Secretary under this subparagraph.” .

3 of 3 references resolved to an enrolled provision

Editorial Notes

Codification

Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.

Amendments2000–2016 · 2 rounds

2016

Subsec. (e). Pub. L. 114–327 added subsec. (e).

2000

Subsec. (a). Pub. L. 106–562, § 304(b), inserted after second sentence “Individuals serving as such Commissioners shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28.”

Credits

1992–2016 · 4 acts
  1. 1992Pub. L. 102–567, title VIII, § 804, , 106 Stat. 4310
  2. 1992Pub. L. 102–587, title VIII, § 8004, , 106 Stat. 5099
  3. 2000Pub. L. 106–562, title III, § 304, , 114 Stat. 2806
  4. 2016Pub. L. 114–327, title I, § 121(b)(1), , 130 Stat. 1984.
Show as published

(Pub. L. 102–567, title VIII, § 804, , 106 Stat. 4310; Pub. L. 102–587, title VIII, § 8004, , 106 Stat. 5099; Pub. L. 106–562, title III, § 304, , 114 Stat. 2806; Pub. L. 114–327, title I, § 121(b)(1), , 130 Stat. 1984.)

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