16 USC 3311 – Salmon and Steelhead Advisory Commission
(a) Establishment
Within 90 days after December 22, 1980, the Secretary of Commerce (hereinafter in this subchapter referred to as the “Secretary”) shall establish the Salmon and Steelhead Advisory Commission (hereinafter referred to in this chapter as the “Commission”), which shall consist of one voting member from each of the following:
(1) The State of Washington.
(2) The State of Oregon.
(3) The Washington tribal coordinating body.
(4) The Columbia River tribal coordinating body.
(5) The Pacific Fishery Management Council.
(6) The National Marine Fisheries Service.
(b) Membership
Terms Used In 16 USC 3311
- appropriate tribal coordinating body: means the Columbia River tribal coordinating body or the Washington tribal coordinating body, as the context requires. See 16 USC 3302
- Columbia River tribal coordinating body: means the organization duly authorized by those treaty tribes of the Columbia River drainage basin to coordinate activities for them for purposes of this chapter. See 16 USC 3302
- enhancement: means projects undertaken to increase the production of naturally spawning or artificially propagated stocks of salmon or steelhead, or to protect, conserve, or improve the habitat of such stocks. See 16 USC 3302
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- salmon: means any anadromous species of the family Salmonidae and Genus Oncorhynchus, commonly known as Pacific salmon. See 16 USC 3302
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
- steelhead: means the anadromous rainbow trout species Salmo gairdneri, commonly known as steelhead. See 16 USC 3302
- treaty: means any treaty between the United States and any treaty tribe that relates to the reserved right of such tribe to harvest salmon and steelhead within the Washington or Columbia River conservation areas. See 16 USC 3302
- Washington tribal coordinating body: means the organization duly authorized by the treaty tribes of the Washington conservation area to coordinate their activities for them for the purposes of this chapter. See 16 USC 3302
(1) The voting representatives shall be appointed by the Secretary from a list of qualified individuals submitted by the Governor of each applicable State, by each appropriate tribal coordinating body, and by the Pacific Fishery Management Council. The representative for the National Marine Fisheries Service shall be the Northwest regional director of the Service or his designee.
(2) The Commission shall have 6 nonvoting members, 5 of which shall be qualified individuals appointed by the Secretary. The sixth nonvoting member shall be the regional director of the United States Fish and Wildlife Service or his designee.
(3) For the purposes of this subsection, the term “qualified individual” means an individual who is knowledgeable with regard to the management, conservation, or harvesting of the salmon and steelhead resources of the conservation areas.
(c) Report by Commission
Within 15 months after the date of the establishment of the Commission, it shall prepare, and submit to the Secretary and Congress, a comprehensive report containing conclusions, comments, and recommendations for the development of a management structure (including effective procedures, mechanisms, and institutional arrangements) for the effective coordination of research, enhancement, management, and enforcement policies for the salmon and steelhead resources of the Columbia River and Washington conservation areas, and for the resolution of disputes between management entities that are concerned with stocks of common interest. The principal objectives of, and the standards for, the management structure shall include, but not be limited to—
(1) the development of common principles to govern and coordinate effectively management and enhancement activities;
(2) the prevention of overfishing;
(3) the use of the best scientific information available;
(4) the consideration of, and allowance for, variations among, and contingencies in, fisheries and catches;
(5) the promotion of harvest strategies and regulations which will encourage continued and increased investment by the salmon and steelhead producing jurisdictions;
(6) the optimization of the use of resources for enforcement;
(7) the consideration of harvest activities as they relate to existing and future international commitments;
(8) the minimization of costs and the avoidance of unnecessary duplication; and
(9) the harvest of fish by treaty tribes, in accordance with treaty rights, unless agreed otherwise by the affected treaty tribes.
(d) Unanimous vote required
No report or revision thereto may be submitted by the Commission to the Secretary for approval under this section unless the report or revision is approved by all of the voting members of the Commission.
(e) Secretarial action on report
Within 4 months after the date of the submission of the comprehensive report, or any revision thereto, under subsection (c), the Secretary, in consultation with the Secretary of the Interior, shall review the report and, if he finds that the management structure recommended in the report would, if implemented, meet the objectives and standards specified in this section and be consistent with this chapter, approve the report. If the Secretary, in consultation with the Secretary of the Interior, finds that such structure is not in conformity with the standards and objectives set forth in this section, the provisions of this chapter, or other applicable law, he shall return the report to the Commission together with a written statement of the reasons for not approving the report. If the Commission submits a revised report to the Secretary within 2 months after the date of return, the Secretary shall approve the report if he finds that the objections on which the prior disapproval was based are overcome.
(f) Per diem and travel allowances
The members of the Commission (other than those who are full-time employees of the Federal or a State government), while away from their homes or regular places of business for purposes of carrying out their duties as members, shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons intermittently employed in Government service.
(g) Administrative support
The Secretary shall provide such clerical and technical support as may be necessary to enable the Commission to carry out its functions.
(h) Termination of Commission
Unless otherwise agreed to by the voting members of the Commission and approved by the Secretary, the Commission shall terminate upon the Secretary’s approval of the Commission’s report pursuant to subsection (e).