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(continued)
"(3) Fisheries other than north pacific. -
"(A) By not later than July 1, 2000, the Pacific Fishery
Management Council established under section 302(a)(1)(F) of
the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(F)) shall
recommend for approval by the Secretary conservation and
management measures to protect fisheries under its jurisdiction
and the participants in those fisheries from adverse impacts
caused by this Act [probably should be "this title", see Tables
for classification] or by any fishery cooperatives in the
directed pollock fishery.
"(B) If the Pacific Council does not recommend such
conservation and management measures by such date, or if the
Secretary determines that such conservation and management
measures recommended by the Pacific Council are not adequate to
fulfill the purposes of this paragraph, the Secretary may by
regulation implement adequate measures including, but not
limited to, restrictions on vessels which harvest pollock under
a fishery cooperative which will prevent such vessels from
harvesting Pacific groundfish, and restrictions on the number
of processors eligible to process Pacific groundfish.
"(d) Bycatch Information. - Notwithstanding section 402 of the
Magnuson-Stevens Act (16 U.S.C. 1881a), the North Pacific Council
may recommend and the Secretary may approve, under such terms and
conditions as the North Pacific Council and Secretary deem
appropriate, the public disclosure of any information from the
groundfish fisheries under the authority of such Council that would
be beneficial in the implementation of section 301(a)(9) or section
303(a)(11) of the Magnuson-Stevens Act (16 U.S.C. 1851(a)(9) and
1853(a)(11)).
"(e) Community Development Loan Program. - Under the authority of
title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et
seq.), and subject to the availability of appropriations, the
Secretary is authorized to provide direct loan obligations to
communities eligible to participate in the western Alaska community
development quota program established under 304(i) [305(i)] of the
Magnuson-Stevens Act (16 U.S.C. 1855(i)) for the purposes of
purchasing all or part of an ownership interest in vessels and
shoreside processors eligible under subsections (a), (b), (c), (d),
(e), or (f) of section 208. Notwithstanding the eligibility
criteria in section 208(a) and section 208(c), the LISA MARIE
(United States official number 1038717) shall be eligible under
such sections in the same manner as other vessels eligible under
such sections.

"SEC. 212. RESTRICTION ON FEDERAL LOANS.
"[Amended section 302(b) of Pub. L. 104-297, set out as a note
under section 1274 of Title 46, Appendix, Shipping.]

"SEC. 213. DURATION.
"(a) General. - Except as otherwise provided in this title [see
Tables for classification], the provisions of this title shall take
effect upon the date of the enactment of this Act [Oct. 21, 1998].
There are authorized to be appropriated $6,700,000 per year to
carry out the provisions of this Act [probably should be "this
title", see Tables for classification] through fiscal year 2004.
"(b) Existing Authority. - Except for the measures required by
this subtitle [this note], nothing in this subtitle shall be
construed to limit the authority of the North Pacific Council or
the Secretary under the Magnuson-Stevens Act.
"(c) Changes to Fishery Cooperative Limitations and Pollock CDQ
Allocation. - The North Pacific Council may recommend and the
Secretary may approve conservation and management measures in
accordance with the Magnuson-Stevens Act -
"(1) that supersede the provisions of this subtitle, except for
sections 206 and 208, for conservation purposes or to mitigate
adverse effects in fisheries or on owners of fewer than three
vessels in the directed pollock fishery caused by this title or
fishery cooperatives in the directed pollock fishery, provided
such measures take into account all factors affecting the
fisheries and are imposed fairly and equitably to the extent
practicable among and within the sectors in the directed pollock
fishery;
"(2) that supersede the allocation in section 206(a) for any of
the years 2002, 2003, and 2004, upon the finding by such Council
that the western Alaska community development quota program for
pollock has been adversely affected by the amendments in this
subtitle; or
"(3) that supersede the criteria required in paragraph (1) of
section 210(b) to be used by the Secretary to set the percentage
allowed to be harvested by catcher vessels pursuant to a fishery
cooperative under such paragraph.
"(d) Report to Congress. - Not later than October 1, 2000, the
North Pacific Council shall submit a report to the Secretary and to
Congress on the implementation and effects of this Act [title],
including the effects on fishery conservation and management, on
bycatch levels, on fishing communities, on business and employment
practices of participants in any fishery cooperatives, on the
western Alaska community development quota program, on any
fisheries outside of the authority of the North Pacific Council,
and such other matters as the North Pacific Council deems
appropriate.
"(e) Report on Fillet Production. - Not later than June 1, 2000,
the General Accounting Office shall submit a report to the North
Pacific Council, the Secretary, and the Congress on whether this
Act has negatively affected the market for fillets and fillet
blocks, including through the reduction in the supply of such
fillets and fillet blocks. If the report determines that such
market has been negatively affected, the North Pacific Council
shall recommend measures for the Secretary's approval to mitigate
any negative effects.
"(f) Severability. - If any provision of this title, an amendment
made by this title, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this title, the amendments made
by this title, and the application of the provisions of such to any
person or circumstance shall not be affected thereby.
"(g) International Agreements. - In the event that any provision
of section 12102(c) or section 31322(a) of title 46, United States
Code, as amended by this Act, is determined to be inconsistent with
an existing international agreement relating to foreign investment
to which the United States is a party with respect to the owner or
mortgagee on [sic] of a vessel with a fishery endorsement, such
provision shall not apply to that owner or mortgagee with respect
to their ownership or mortgage interest in such vessel on that date
to the extent of any such inconsistency. The provisions of section
12102(c) and section 31322(a) of title 46, United States Code, as
amended by this Act, shall apply to all subsequent owners and
mortgagees of such vessel, and shall apply, notwithstanding the
preceding sentence, to the owner on [sic] of such vessel if any
ownership interest in that owner is transferred to or otherwise
acquired by a foreign individual or entity after or if the
percentage of foreign ownership in the vessel is increased after
the effective date of this subsection [July 24, 2001]."
[Pub. L. 107-20, title II, Sec. 2202(e)(2), July 24, 2001, 115
Stat. 170, provided that: "Section 213(g) of the American Fisheries
Act (Public Law 105-277, division C, title II) [set out above]
shall take effect on the date of enactment of this Act [July 24,
2001]."]

RESTRICTION ON FUNDING CERTAIN NEW FISHERY MANAGEMENT PLANS,
AMENDMENTS OR REGULATIONS
Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Secs.
208, 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-40, 3009-41,
provided that: "None of the funds appropriated under this Act or
any other Act henceforth may be used to develop new fishery
management plans, amendments, or regulations which create new
individual fishing quota programs (whether such quotas are
transferable or not) or to implement any such plans, amendments or
regulations approved by a Regional Fishery Management Council or
the Secretary after January 4, 1995, until offsetting fees to pay
for the cost of administering such plans, amendments, or
regulations are expressly authorized under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
This restriction shall also apply to any program relating to the
Gulf of Mexico commercial red snapper fishery that authorizes the
consolidation of licenses, permits or endorsements that result in
different trip limits for vessels in the same class. This
restriction shall not apply in any way to the North Pacific halibut
and sablefish, South Atlantic wreckfish, or the Mid-Atlantic
surfclam and ocean (including mahogany) quohog individual fishing
quota programs. The term 'individual fishing quota' does not
include a community development quota."
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 104-134, title I, Sec. 101[(a)] [title II, Sec. 210],
Apr. 26, 1996, 110 Stat. 1321, 1321-31; renumbered title I, Pub. L.
104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327; repealed by Pub.
L. 104-297, title I, Sec. 108(f)(6), Oct. 11, 1996, 110 Stat. 3579.

ALBEMARLE SOUND-ROANOKE RIVER BASIN: STRIPED BASS STUDY
Pub. L. 100-589, Sec. 5, Nov. 3, 1988, 102 Stat. 2984, related to
requirement of biological study of striped bass fishery resources
and habitats of Albemarle Sound-Roanoke River basin area and
development of short-term and long-term recommendations for
restoring and conserving these resources and habitats, prior to
repeal by Pub. L. 105-146, Sec. 3(b), Dec. 16, 1997, 111 Stat.
2677.

EXCLUSIVE ECONOMIC ZONE: ATLANTIC STRIPED BASS PROTECTION
Pub. L. 100-589, Sec. 6(a)-(f), Nov. 3, 1988, 102 Stat. 2986, as
amended by Pub. L. 102-130, Sec. 4, Oct. 17, 1991, 105 Stat. 627;
Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.
211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, directed
Secretary of Commerce to regulate fishing for Atlantic striped bass
in exclusive economic zone determined to be consistent with
national standards set forth in this section, prior to repeal by
Pub. L. 105-146, Sec. 3(c), Dec. 16, 1997, 111 Stat. 2677.

ATLANTIC STRIPED BASS CONSERVATION
Pub. L. 98-613, Secs. 1-9, Oct. 31, 1984, 98 Stat. 3187-3190, as
amended, formerly set out as a note under this section, was
transferred to chapter 71A (Sec. 5151 et seq.) of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1434, 1802, 5103, 5107b,
5158 of this title.

-End-



-CITE-
16 USC Sec. 1852 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM

-HEAD-
Sec. 1852. Regional Fishery Management Councils

-STATUTE-
(a) Establishment
(1) There shall be established, within 120 days after April 13,
1976, eight Regional Fishery Management Councils, as follows:
(A) New England Council
The New England Fishery Management Council shall consist of the
States of Maine, New Hampshire, Massachusetts, Rhode Island, and
Connecticut and shall have authority over the fisheries in the
Atlantic Ocean seaward of such States (except as provided in
paragraph (3)). The New England Council shall have 18 voting
members, including 12 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).
(B) Mid-Atlantic Council
The Mid-Atlantic Fishery Management Council shall consist of
the States of New York, New Jersey, Delaware, Pennsylvania,
Maryland, Virginia, and North Carolina and shall have authority
over the fisheries in the Atlantic Ocean seaward of such States
(except North Carolina, and as provided in paragraph (3)). The
Mid-Atlantic Council shall have 21 voting members, including 13
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).
(C) South Atlantic Council
The South Atlantic Fishery Management Council shall consist of
the States of North Carolina, South Carolina, Georgia, and
Florida and shall have authority over the fisheries in the
Atlantic Ocean seaward of such States (except as provided in
paragraph (3)). The South Atlantic 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).
(D) Caribbean Council
The Caribbean Fishery Management Council shall consist of the
Virgin Islands and the Commonwealth of Puerto Rico and shall have
authority over the fisheries in the Caribbean Sea and Atlantic
Ocean seaward of such States (except as provided in paragraph
(3)). The Caribbean Council shall have 7 voting members,
including 4 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).
(E) Gulf Council
The Gulf of Mexico Fishery Management Council shall consist of
the States of Texas, Louisiana, Mississippi, Alabama, and Florida
and shall have authority over the fisheries in the Gulf of Mexico
seaward of such States (except as provided in paragraph (3)). The
Gulf Council shall have 17 voting members, including 11 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).
(F) Pacific Council
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 14 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), and including one appointed from
an Indian tribe with Federally (!1) recognized fishing rights
from California, Oregon, Washington, or Idaho in accordance with
subsection (b)(5) of this section.

(G) North Pacific Council
The North Pacific Fishery Management Council shall consist of
the States of Alaska, Washington, and Oregon and shall have
authority over the fisheries in the Arctic Ocean, Bering Sea, and
Pacific Ocean seaward of Alaska. The North Pacific Council shall
have 11 voting members, including 7 appointed by the Secretary in
accordance with subsection (b)(2) of this section (5 of whom
shall be appointed from the State of Alaska and 2 of whom shall
be appointed from the State of Washington).
(H) Western Pacific Council
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. 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 the following States:
Hawaii, American Samoa, Guam, and the Northern Mariana Islands).

(2) Each Council shall reflect the expertise and interest of the
several constituent States in the ocean area over which such
Council is granted authority.
(3) The Secretary shall have authority over any highly migratory
species fishery that is within the geographical area of authority
of more than one of the following Councils: New England Council,
Mid-Atlantic Council, South Atlantic Council, Gulf Council, and
Caribbean Council.
(b) Voting members
(1) The voting members of each Council shall be:
(A) The principal State official with marine fishery management
responsibility and expertise in each constituent State, who is
designated as such by the Governor of the State, so long as the
official continues to hold such position, or the designee of such
official.
(B) The regional director of the National Marine Fisheries
Service for the geographic area concerned, or his designee,
except that if two such directors are within such geographical
area, the Secretary shall designate which of such directors shall
be the voting member.
(C) The members required to be appointed by the Secretary in
accordance with paragraphs (2) and (5).

(2)(A) The members of each Council required to be appointed by
the Secretary must be individuals who, by reason of their
occupational or other experience, scientific expertise, or
training, are knowledgeable regarding the conservation and
management, or the commercial or recreational harvest, of the
fishery resources of the geographical area concerned. Within nine
months after November 28, 1990, the Secretary shall, by regulation,
prescribe criteria for determining whether an individual satisfies
the requirements of this subparagraph.
(B) The Secretary, in making appointments under this section,
shall, to the extent practicable, ensure a fair and balanced
apportionment, on a rotating or other basis, of the active
participants (or their representatives) in the commercial and
recreational fisheries under the jurisdiction of the Council. On
January 31, 1991, and each year thereafter, the Secretary shall
submit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Merchant Marine and Fisheries of
the House of Representatives a report on the actions taken by the
Secretary to ensure that such fair and balanced apportionment is
achieved. The report shall -
(i) list the fisheries under the jurisdiction of each Council,
outlining for each fishery the type and quantity of fish
harvested, fishing and processing methods employed, the number of
participants, the duration and range of the fishery, and other
distinguishing characteristics;
(ii) assess the membership of each Council in terms of the
apportionment of the active participants in each such fishery;
and
(iii) state the Secretary's plans and schedule for actions to
achieve a fair and balanced apportionment on the Council for the
active participants in any such fishery.

(C) 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 determined that each such individual is qualified under the
requirements of subparagraph (A) and 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 and shall be accompanied by a statement
by the Governor explaining how each such individual meets the
requirements of subparagraph (A). 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 such
requirements. If the Secretary determines that any individual is
not qualified, the Secretary 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) (!2) of this section.

(D) Whenever the Secretary makes an appointment to a Council, the
Secretary 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.
(3) Each voting member appointed to a Council by the Secretary in
accordance with paragraphs (2) and (5) shall serve for a term of 3
years; except that the Secretary may designate a shorter term if
necessary to provide for balanced expiration to terms of office. No
member appointed after January 1, 1986, may serve more than three
consecutive terms. 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.
(4) Successors to the voting members of any Council shall be
appointed in the same manner as the original voting members. 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.
(5)(A) The Secretary shall appoint to the Pacific Council one
representative of an Indian tribe with Federally (!3) recognized
fishing rights from California, Oregon, Washington, or Idaho from a
list of not less than 3 individuals submitted by the tribal
governments. The Secretary, in consultation with the Secretary of
the Interior and tribal governments, shall establish by regulation
the procedure for submitting a list under this subparagraph.

(B) Representation shall be rotated among the tribes taking into
consideration -
(i) the qualifications of the individuals on the list referred
to in subparagraph (A),
(ii) the various rights of the Indian tribes involved and
judicial cases that set forth how those rights are to be
exercised, and
(iii) the geographic area in which the tribe of the
representative is located.

(C) A vacancy occurring prior to the expiration of any term shall
be filled in the same manner as set out in subparagraphs (A) and
(B), except that the Secretary may use the list from which the
vacating representative was chosen.
(6) The Secretary may remove for cause any member of a Council
required to be appointed by the Secretary in accordance with
paragraphs (!4) (2) or (5) if -

(A) the Council concerned first recommends removal by not less
than two-thirds of the members who are voting members and submits
such removal recommendation to the Secretary in writing together
with a statement of the basis for the recommendation; or
(B) the member is found by the Secretary, after notice and an
opportunity for a hearing in accordance with section 554 of title
5, to have committed an act prohibited by section 1857(1)(O) of
this title.
(c) Nonvoting members
(1) The nonvoting members of each Council shall be:
(A) The regional or area director of the United States Fish and
Wildlife Service for the geographical area concerned, or his
designee.
(B) The Commander of the Coast Guard district for the
geographical area concerned, or his designee; except that, if two
Coast Guard districts are within such geographical area, the
commander designated for such purpose by the commandant of the
Coast Guard.
(C) The executive director of the Marine Fisheries Commission
for the geographical area concerned, if any, or his designee.
(D) One representative of the Department of State designated
for such purpose by the Secretary of State, or his designee.

(2) The Pacific Council shall have one additional nonvoting
member who shall be appointed by, and serve at the pleasure of, the
Governor of Alaska.
(d) Compensation and expenses
The voting members of each Council who are required to be
appointed by the Secretary and who are not employed by the Federal
Government or any State or local government, shall receive
compensation at the daily rate for GS-15, step 7 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 and Council
staff members may be reimbursed for actual expenses.
(e) Transaction of business
(1) A majority of the voting members of any Council shall
constitute a quorum, but one or more such members designated by the
Council may hold hearings. All decisions of any Council shall be by
majority vote of the voting members present and voting.
(2) The voting members of each Council shall select a Chairman
for such Council from among the voting members.
(3) Each Council shall meet at appropriate times and places in
any of the constituent States of the Council at the call of the
Chairman or upon the request of a majority of its voting members.
(4) If any voting member of a Council disagrees with respect to
any matter which is transmitted to the Secretary by such Council,
such member may submit a statement to the Secretary setting forth
the reasons for such disagreement. 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.
(5) At the request of any voting member of a Council, the Council
shall hold a roll call vote on any matter before the Council. The
official minutes and other appropriate records of any Council
meeting shall identify all roll call votes held, the name of each
voting member present during each roll call vote, and how each
member voted on each roll call vote.
(f) Staff and administration
(1) Each Council may appoint, and assign duties to, an executive
director and such other full- and part-time administrative
employees as the Secretary determines are necessary to the
performance of its functions.
(2) Upon the request of any Council, and after consultation with
the Secretary, the head of any Federal agency is authorized to
detail to such Council, on a reimbursable basis, any of the
personnel of such agency, to assist such Council in the performance
of its functions under this chapter.
(3) The Secretary shall provide to each Council such
administrative and technical support services as are necessary for
the effective functioning of such Council.
(4) The Administrator of General Services shall furnish each
Council with such offices, equipment, supplies, and services as he
is authorized to furnish to any other agency or instrumentality of
the United States.
(5) The Secretary and the Secretary of State shall furnish each
Council with relevant information concerning foreign fishing and
international fishery agreements.
(6) Each Council shall determine its organization, and prescribe
its practices and procedures for carrying out its functions under
this chapter, in accordance with such uniform standards as are
prescribed by the Secretary. The procedures of a Council, and of
its scientific and statistical committee and advisory panels
established under subsection (g) of this section, must be
consistent with the procedural guidelines set forth in subsection
(i)(2) of this section. Each Council shall publish and make
available to the public a statement of its organization, practices,
and procedures.
(7) The Secretary shall pay -
(A) the compensation and expenses provided for in subsection
(d) of this section;
(B) appropriate compensation to employees appointed under
paragraph (1);
(C) the amounts required for reimbursement of other Federal
agencies under paragraphs (2) and (4);
(D) the actual expenses of the members of the committees and
panels established under subsection (g) of this section; and
(E) such other costs as the Secretary determines are necessary
to the performance of the functions of the Councils.
(g) Committees and panels
(1) 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.
(2) Each Council shall establish such other advisory panels as
are necessary or appropriate to assist it in carrying out its
functions under this chapter.
(3)(A) Each Council shall establish and maintain a fishing
industry advisory committee which shall provide information and
recommendations on, and assist in the development of, fishery
management plans and amendments to such plans.
(B) Appointments to a committee established under subparagraph
(A) shall be made by each Council in such a manner as to provide
fair representation to commercial fishing interests in the
geographical area of authority of the Council.
(4) The Secretary shall establish advisory panels to assist in
the collection and evaluation of information relevant to the
development of any fishery management plan or plan amendment for a
fishery to which subsection (a)(3) of this section applies. Each
advisory panel shall participate in all aspects of the development
of the plan or amendment; be balanced in its representation of
commercial, recreational, and other interests; and consist of not
less than 7 individuals who are knowledgeable about the fishery for
which the plan or amendment is developed, selected from among -
(A) members of advisory committees and species working groups
appointed under Acts implementing relevant international fishery
agreements pertaining to highly migratory species; and
(B) other interested persons.

(5) Decisions and recommendations made by committees and panels
established under this subsection shall be considered to be
advisory in nature.
(h) Functions
Each Council shall, in accordance with the provisions of this
chapter -
(1) for each fishery under its authority that requires
conservation and management, prepare and submit to the Secretary
(A) a fishery management plan, and (B) amendments to each such
plan that are necessary from time to time (and promptly whenever
changes in conservation and management measures in another
fishery substantially affect the fishery for which such plan was
developed);
(2) prepare comments on any application for foreign fishing
transmitted to it under section 1824(b)(4)(C) of this title or
section 1824(d) of this title, and any fishery management plan or
amendment transmitted to it under section 1854(c)(4) of this
title;
(3) conduct public hearings, at appropriate times and in
appropriate locations in the geographical area concerned, so as
to allow all interested persons an opportunity to be heard in the
development of fishery management plans and amendments to such
plans, and with respect to the administration and implementation
of the provisions of this chapter (and for purposes of this
paragraph, the term "geographical area concerned" may include an
area under the authority of another Council if the fish in the
fishery concerned migrate into, or occur in, that area or if the
matters being heard affect fishermen of that area; but not unless
such other Council is first consulted regarding the conduct of
such hearings within its area);
(4) submit to the Secretary such periodic reports as the
Council deems appropriate, and any other relevant report which
may be requested by the Secretary;
(5) review on a continuing basis, and revise as appropriate,
the assessments and specifications made pursuant to section
1853(a)(3) and (4) of this title with respect to the optimum
yield from, the capacity and extent to which United States fish
processors will process United States harvested fish from, and
the total allowable level of foreign fishing in, each fishery
(except as provided in section (!5) subsection (a)(3) of this
section) within its geographical area of authority; and

(6) conduct any other activities which are required by, or
provided for in, this chapter or which are necessary and
appropriate to the foregoing functions.
(i) Procedural matters
(1) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Councils or to the scientific and statistical
committees or advisory panels established under subsection (g) of
this section.
(2) The following guidelines apply with respect to the conduct of
business at meetings of a Council, and of the scientific and
statistical committee and advisory panels established under
subsection (g) of this section:
(A) Unless closed in accordance with paragraph (3), each
regular meeting and each emergency meeting shall be open to the
public.
(B) Emergency meetings shall be held at the call of the
chairman or equivalent presiding officer.
(C) Timely public notice of each regular meeting and each
emergency meeting, including the time, place, and agenda of the
meeting, shall be 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. Timely notice of each regular meeting shall also be
published in the Federal Register. 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.
(D) Interested persons shall be permitted to present oral or
written statements regarding the matters on the agenda at
meetings. 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.
(E) Detailed minutes of each meeting of the Council, except for
any closed session, shall be kept and shall contain a record of
the persons present, a complete and accurate description of
matters discussed and conclusions reached, and copies of all
statements filed. The Chairman shall certify the accuracy of the
minutes of each such meeting and submit a copy thereof to the
Secretary. The minutes shall be made available to any court of
competent jurisdiction.
(F) Subject to the procedures established under paragraph (4),
and the guidelines prescribed by the Secretary under section
1881a(b) of this title, relating to confidentiality, the
administrative record, including minutes required under
subparagraph (E), of each meeting, and records or other documents
which were made available to or prepared for or by the Council,
committee, or panel incident to the meeting, shall be available
for public inspection and copying at a single location in the
offices of the Council or the Secretary, as appropriate.

(3)(A) Each Council, scientific, and statistical committee, and
advisory panel -
(i) shall close any meeting, or portion thereof, that concerns
matters or information that bears a national security
classification; and
(ii) may close any meeting, or portion thereof, that concerns
matters or information that pertains to national security,
employment matters, or briefings on litigation in which the
Council is interested.

Subparagraphs (D) and (F) of paragraph (2) shall not apply to any
meeting or portion thereof that is so closed.
(B) If any meeting or portion is closed, the Council concerned
shall notify local newspapers in the major fishing ports within its
region (and in other major, affected fishing ports), including in
that notification the time and place of the meeting. This
subpararaph (!6) does not require notification regarding any brief
closure of a portion of a meeting in order to discuss employment or
other internal administrative matters.

(4) Each Council shall establish appropriate procedures
applicable to it and to its committee and advisory panels for
ensuring the confidentiality of the statistics that may be
submitted to it by Federal or State authorities, and may be
voluntarily submitted to it by private persons; including, but not
limited to, procedures for the restriction of Council employee
access and the prevention of conflicts of interest; except that
such procedures, in the case of statistics submitted to the Council
by a State or by the Secretary under section 1881a(b) 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.
(5) Each Council shall specify those procedures that are
necessary or appropriate to ensure that the committees and advisory
panels established under subsection (g) of this section are
involved, on a continuing basis, in the development and amendment
of fishery management plans.
(6) At any time when a Council determines it appropriate to
consider new information from a State or Federal agency or from a
Council advisory body, the Council shall give comparable
consideration to new information offered at that time by interested
members of the public. Interested parties shall have a reasonable
opportunity to respond to new data or information before the
Council takes final action on conservation and management measures.
(j) Disclosure of financial interest and recusal
(1) For the purposes of this subsection -
(A) the term "affected individual" means an individual who -
(i) 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; or
(ii) is a voting member of a Council appointed -
(I) under subsection (b)(2) of this section; or
(II) under subsection (b)(5) of this section who is not
subject to disclosure and recusal requirements under the laws
of an Indian tribal government; and

(B) the term "designated official" means a person with
expertise in Federal conflict-of-interest requirements who is
designated by the Secretary, in consultation with the Council, to
attend Council meetings and make determinations under paragraph
(7)(B).

(2) Each affected individual must disclose any financial interest
held by -
(A) that individual;
(B) the spouse, minor child, or partner of that individual; and
(C) any organization (other than the Council) in which that
individual is serving as an officer, director, trustee, partner,
or employee;

in any harvesting, processing, or marketing activity that is being,
or will be, undertaken within any fishery over which the Council
concerned has jurisdiction.
(3) The disclosure required under paragraph (2) shall be made -
(A) in the case of an affected individual referred to in
paragraph (1)(A)(i), before appointment by the Secretary; and
(B) in the case of an affected individual referred to in
paragraph (1)(A)(ii), within 45 days of taking office.

(4) An affected individual referred to in paragraph (1)(A)(ii)
must update his or her disclosure form at any time any such
financial interest is acquired, or substantially changed, by any
person referred to in paragraph (2)(A), (B), or (C).
(5) The financial interest disclosures required by this
subsection shall -
(A) be made on such forms, in accordance with such procedures,
and at such times, as the Secretary shall by regulation
prescribe;
(B) be kept on file, and made available for public inspection
at reasonable hours, at the Council offices; and
(C) be kept on file by the Secretary for use in reviewing
determinations under paragraph (7)(B) and made available for
public inspection at reasonable hours.

(6) The participation by an affected individual referred to in
paragraph (1)(A)(ii) in an action by a Council during any time in
which that individual is not in compliance with the regulations
prescribed under paragraph (5) may not be treated as cause for the
invalidation of that action.
(7)(A) After the effective date of regulations promulgated under
subparagraph (F) of this paragraph, an affected individual required
to disclose a financial interest under paragraph (2) shall not vote
on a Council decision which would have a significant and
predictable effect on such financial interest. A Council decision
shall be considered to have a significant and predictable effect on
a financial interest if there is a close causal link between the
Council decision and an expected and substantially disproportionate
benefit to the financial interest of the affected individual
relative to the financial interests of other participants in the
same gear type or sector of the fishery. An affected individual who
may not vote may participate in Council deliberations relating to
the decision after notifying the Council of the voting recusal and
identifying the financial interest that would be affected.
(B) At the request of an affected individual, or upon the
initiative of the appropriate designated official, the designated
official shall make a determination for the record whether a
Council decision would have a significant and predictable effect on
a financial interest.
(C) Any Council member may submit a written request to the
Secretary to review any determination by the designated official
under subparagraph (B) within 10 days of such determination. Such
review shall be completed within 30 days of receipt of the request.
(D) Any affected individual who does not vote in a Council
decision in accordance with this subsection may state for the
record how he or she would have voted on such decision if he or she
had voted.
(E) If the Council makes a decision before the Secretary has
reviewed a determination under subparagraph (C), the eventual
ruling may not be treated as cause for the invalidation or
reconsideration by the Secretary of such decision.
(F) The Secretary, in consultation with the Councils and by not
later than one year from October 11, 1996, shall promulgate
regulations which prohibit an affected individual from voting in
accordance with subparagraph (A), and which allow for the making of
determinations under subparagraphs (B) and (C).
(8) Section 208 of title 18 does not apply to an affected
individual referred to in paragraph (1)(A)(ii) during any time in
which that individual is in compliance with the regulations
prescribed under paragraph (5).

-SOURCE-
(Pub. L. 94-265, title III, Sec. 302, Apr. 13, 1976, 90 Stat. 347;
Pub. L. 95-354, Sec. 5(1), Aug. 28, 1978, 92 Stat. 521; Pub. L.
96-561, title II, Sec. 234, Dec. 22, 1980, 94 Stat. 3299; Pub. L.
97-453, Sec. 5, Jan. 12, 1983, 96 Stat. 2484; Pub. L. 99-659, title
I, Sec. 104(a)(1), (b)-(e)(1), Nov. 14, 1986, 100 Stat. 3709, 3710;
Pub. L. 101-627, title I, Secs. 108(a)-(j), 120(c), Nov. 28, 1990,
104 Stat. 4444-4446, 4459; Pub. L. 102-582, title IV, Sec. 403,
Nov. 2, 1992, 106 Stat. 4909; Pub. L. 104-297, title I, Sec. 107,
Oct. 11, 1996, 110 Stat. 3570; Pub. L. 106-113, div. B, Sec.
1000(a)(1) [title II, Sec. 210], Nov. 29, 1999, 113 Stat. 1535,
1501A-33.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec.
(i)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
which is set out in the Appendix to Title 5, Government
Organization and Employees.


-MISC1-
AMENDMENTS
1999 - Subsec. (a)(1)(A). Pub. L. 106-113 substituted "18" for
"17" and "12" for "11".
1996 - Subsec. (a). Pub. L. 104-297, Sec. 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, Sec. 107(a)(3), substituted
"paragraph (3)" for "section 1854(f)(3) of this title".
Subsec. (a)(1)(B). Pub. L. 104-297, Sec. 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, Sec. 107(a)(3),
substituted "paragraph (3)" for "section 1854(f)(3) of this title".
Subsec. (a)(1)(F). Pub. L. 104-297, Sec. 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, Sec. 107(a)(7), added par. (3).
Subsec. (b)(1)(C). Pub. L. 104-297, Sec. 107(b)(1), substituted
"paragraphs (2) and (5)" for "subsection (b)(2) of this section".
Subsec. (b)(3). Pub. L. 104-297, Sec. 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 December 31, 1987, shall
not be counted in determining the number of consecutive terms
served by any Council member."
Subsec. (b)(5), (6). Pub. L. 104-297, Sec. 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 (continued)