16 U.S.C. § 6902
The United States shall be represented on the Commission by 5 United States Commissioners. The President shall appoint individuals to serve on the Commission at the pleasure of the President. In making the appointments, the President shall select Commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks and commercial fishing in the Western and Central Pacific Ocean, one of whom shall be an officer or employee of the Department of Commerce, and one of whom shall be the chairman or a member of the Western Pacific Fishery Management Council, and one of whom shall be the chairman or a member of the Pacific Fishery Management Council. The Commissioners shall be entitled to adopt such rules of procedures as they find necessary and to select a chairman from among members who are officers or employees of the United States Government.
The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time deemed appropriate Alternate United States Commissioners to the Commission. Any Alternate United States Commissioner may exercise at any meeting of the Commission, Council, any Panel, or the advisory committee established pursuant to subsection (d), all powers and duties of a United States Commissioner in the absence of any Commissioner appointed pursuant to subsection (a) of this section 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 United States Commissioners appointed pursuant to subsection (a) of this section who will not be present at such meeting.
Individuals serving as such Commissioners, other than officers or employees of the United States Government, shall not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28.
The United States Commissioners or Alternate Commissioners, although officers of the United States while so serving, shall receive no compensation for their services as such Commissioners or Alternate Commissioners.
There is established an advisory committee which shall be composed of-
Each member of the advisory committee appointed under subparagraph (A) shall serve for a term of 2 years and shall be eligible for reappointment. The advisory committee shall be invited to attend all non-executive meetings of the United States Commissioners and at such meetings shall be given opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the Commission.
The advisory committee established by subparagraph (A) shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this chapter,1 the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and the WCPFC Convention. The advisory committee shall publish and make available to the public a statement of its organization, practices, and procedures. A majority of the members of the advisory committee shall constitute a quorum. Meetings of the advisory committee, except when in executive session, shall be open to the public, and prior notice of meetings shall be made public in a timely fashion.2 and the advisory committee shall not be subject to chapter 10 of title 5.
The Secretary and the Secretary of State shall furnish the advisory committee with relevant information concerning fisheries and international fishery agreements.
No later than 30 days before each annual meeting of the Commission, the Advisory Committee shall transmit to the United States Commissioners recommendations relating to the agenda of the annual meeting. The recommendations must be agreed to by a majority of the Advisory Committee members. The United States Commissioners shall consider such recommendations, along with additional views transmitted by Advisory Committee members, in the formulation of the United States position for the Commission meeting and during the negotiations at that meeting.
The Secretary shall provide to advisory committees in a timely manner such administrative and technical support services as are necessary for their effective functioning.
Individuals appointed to serve as a member of an advisory committee-
For highly migratory species in the Pacific, the Secretary, in coordination with the Secretary of State, shall develop a memorandum of understanding with the Western Pacific, Pacific, and North Pacific Fishery Management Councils, that clarifies the role of the relevant Council or Councils with respect to-
1See References in Text note below.
2So in original. The period probably should be a comma.
3So in original. No subsec. (e) has been enacted.
16 U.S.C. § 6902
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsec. (d)(1)(C), probably should have been "this title" in the original, meaning title V of Pub. L. 109-479 which enacted this chapter.The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsecs. (d)(1)(C) and (f)(4), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
AMENDMENTS2022-Subsec. (d)(1)(C). Pub. L. 117-286 substituted "chapter 10 of title 5." for "the Federal Advisory Committee Act (5 U.S.C. App.)." 2016-Subsec. (a). Pub. L. 114-327, §301(a)(1)(A), inserted "and commercial fishing" after "fish stocks". Subsec. (d)(1)(E). Pub. L. 114-327, §301(a)(1)(B), added subpar. (E).2011-Subsec. (a). Pub. L. 111-348, §301(1), substituted "Management Council, and one of whom shall be the chairman or a member of" for "Management Council and". Subsec. (c)(1). Pub. L. 111-348, §301(2), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "Individuals serving as such Commissioners, other than officers or employees of the United States Government, shall be considered to be Federal employees while performing such service, only for purposes of-"(A) injury compensation under chapter 81 of title 5;"(B) requirements concerning ethics, conflicts of interest, and corruption as provided under title 18; and"(C) any other criminal or civil statute or regulation governing the conduct of Federal employees." Subsec. (d)(2)(B)(ii). Pub. L. 111-348, §301(3), added cl. (ii) and struck out former cl. (ii) which read as follows: "shall be considered Federal employees while performing service as members of an advisory committee only for purposes of-"(I) injury compensation under chapter 81 of title 5;"(II) requirements concerning ethics, conflicts-of-interest, and corruption, as provided by title 18; and "(III) any other criminal or civil statute or regulation governing the conduct of Federal employees in their capacity as Federal employees."
- Commission
- The term "Commission" means the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean established in accordance with this Convention.
- Secretary
- The term "Secretary" means the Secretary of Commerce.
- State
- The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States.
- WCPFC Convention
- The terms "WCPFC Convention" and "Western and Central Pacific Convention" means the Convention on the Conservation and Management of the Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, (including any annexes, amendments, or protocols which are in force, or have come into force, for the United States) which was adopted at Honolulu, Hawaii, on September 5, 2000, by the Multilateral High Level Conference on the Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.1So in original. Probably should not be capitalized.