16 USC 460ss-2 - Klamath Fishery Management Council

U.S Code last checked for updates: May 05, 2024

§ 460ss–2.

Klamath Fishery Management Council

(a)

Establishment

(b)

Functions

(1)

The Council shall—

(A)

establish a comprehensive long-term plan and policy, that must be consistent with the goals of the program, for the management of the in-river and ocean harvesting that affects or may affect Klamath and Trinity River basin anadromous fish populations;

(B)

make recommendations, that must be consistent with the plan and policy established under subparagraph (A) and with the standards in paragraph (2)—

(i)

to the California Fish and Game Commission regarding in-river and offshore recreational harvesting regulations,

(ii)

to the Oregon Department of Fish and Wildlife regarding offshore recreational harvesting regulations,

(iii)

to the Pacific Fishery Management Council regarding ocean harvesting regulations,

(iv)

to the Bureau of Indian Affairs regarding regulations for harvesting in the Area by non-Hoopa Indians, and

(v)

to the Hoopa Valley Business Council regarding regulations for harvesting in the Area by members of the Hoopa Indian Tribe; and

(C)

conduct public hearings on any regulation referred to in subparagraph (B)(i) through (v).

(2)

Any recommendation made by the Council under paragraph (1)(B) regarding harvesting regulations shall—

(A)

be based upon the best scientific information available;

(B)

minimize costs where practicable, and avoid unnecessary duplication of regulations;

(C)

take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches; and

(D)

be designed to achieve an escapement that preserves and strengthens the viability of the Area’s natural anadromous fish populations.

(c)

Membership and appointment

The Council is composed of 11 members as follows:

(1)

A representative, who shall be appointed by the Governor of California, of each of the following:

(A)

The commercial salmon fishing industry.

(B)

The in-river sportfishing community.

(C)

The offshore recreational fishing industry.

(D)

The California Department of Fish and Game.

(2)

A representative of the Hoopa Indian Tribe who shall be appointed by Hoopa Valley Business Council.

(3)

A representative, who shall be appointed by the Secretary, of each of the following:

(A)

The non-Hoopa Indians residing in the Area.

(B)

The Department of the Interior.

(4)

A representative, who shall be appointed by the Secretary of Commerce, of each of the following—

(A)

The National Marine Fisheries Service.

(B)

The Pacific Fishery Management Council.

(5)

A representative, who shall be appointed by the Governor of Oregon, of each of the following:

(A)

The commercial salmon fishing industry.

(B)

The Oregon Department of Fish and Wildlife.

(d)

Consultation requirement

(e)

Qualifications

(f)

Terms

(1)

In general

(2)

Service

(3)

Vacancies

(g)

Transaction of business

(1)

Procedures

The Council shall establish practices and procedures for the carrying out of its functions under subsection (b). The procedures shall include requirements that—

(A)

a quorum of the Council must be present before business may be transacted; and

(B)

no comprehensive plan or recommendation referred to in subsection (b)(1)(A) or (B) may be adopted by the Council except by the unanimous vote of all members present and voting.

(2)

Chairman

(3)

Meetings

(h)

Staff and administration

(1)

Administrative support

(2)

Information

(3)

Organization

(i)

Federal or State employees

(j)

Expenses

(1)

Travel expenses

(2)

Limitation on spending authority

(Pub. L. 99–552, § 3, Oct. 27, 1986, 100 Stat. 3082; Pub. L. 100–653, title VI, §§ 602(a), 603(1), (2), Nov. 14, 1988, 102 Stat. 3830.)

cite as: 16 USC 460ss-2