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 sub

5 So in original. The word "section" probably should not appear.

section (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 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

6 So in original. Probably should be "subparagraph”.

(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).

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

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.

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, § 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 Vir

ginia", 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 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, §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 January 1, 1992, receive compensation at the daily rate for GS-18 of the General Schedule, and after December 31, 1991, at the daily rate for GS-16". 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) of this section" 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(1)(3), substituted "(1)(A)(i)” for “(1)(A)”.

Subsec. (j)(3)(B), (4). Pub. L. 104-297, §107(1)(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(1)(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(1)(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 "December 31, 1987" for "January 1, 1986".

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 January 1, 1986, may serve more than three consecutive terms. Any term completed prior to January 1, 1986, shall not be counted in determining the number of consecutive terms served by any Council member."

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 April 13, 1976, that "list of qualified individuals" included the names (including pertinent biographical data) of not less than three such individuals for each applicable vacancy, and that "qualified individual" meant an individual 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) 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.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 104(a)(2) of Pub. L. 99-659 provided that: "The amendments made by paragraph (1) [amending this section] shall apply with respect to voting members of regional fishery management councils who are appointed, and to individuals who are nominated for appointment as voting members, on or after the date of the enactment of this Act [Nov. 14, 1986].”

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treat