Subsection (k), referred to in subsec. (b)(2)(C), was redesignated subsec. (j) of this section by Pub. L. 104–297, title I, § 107(g),
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 National Environmental Policy Act, referred to in subsec. (k)(1)(F), probably means the National Environmental Policy Act of 1969, Pub. L. 91–190,
2022—Subsec. (i)(1). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”.
2018—Subsec. (h)(8), (9). Pub. L. 115–405 added par. (8) and redesignated former par. (8) as (9).
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)” 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.
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,
Pub. L. 99–659, title I, § 104(a)(2),
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
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. 115–405, § 102(c),
Pub. L. 99–659, title I, § 104(e)(2),
Pub. L. 99–659, title I, § 113,