### §460ss–2. Klamath Fishery Management Council

#### (a) Establishment

There is established a Klamath Fishery Management Council (hereafter in this subchapter referred to as the "Council").

#### (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

The appointments required under subsection (c) shall be made in consultation with the appropriate users of Area anadromous fish resources.

#### (e) Qualifications

Council members shall be individuals who are knowledgable 1 and experienced in the management and conservation, or the recreational or commercial harvest, of the anadromous fish resources in Northern California.

#### (f) Terms

#### (1) In general

The term of a member is 4 years.

#### (2) Service

Members of the Council serve at the pleasure of the appointing authority.

#### (3) Vacancies

Any vacancy on the Council shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office.

#### (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

The Council shall elect a Chairman from among its members.

#### (3) Meetings

The Council shall meet at the call of the Chairman or upon the request of a majority of its members.

#### (h) Staff and administration

#### (1) Administrative support

The Secretary and the Director of the California Department of Fish and Game shall provide the Council with such administrative and technical support services as are necessary for the effective functioning of the Council.

#### (2) Information

The Secretary and the Director of the California Department of Fish and Game shall furnish the Council with relevant information concerning the Area.

#### (3) Organization

The Council shall determine its organization, and prescribe the practices and procedures for carrying out its functions under subsection (b).

#### (i) Federal or State employees

Any Council member who is an officer or employee of the United States, the State of California, or the State of Oregon at the time of appointment to the Council shall cease to be a Council member within 14 days after the date on which he ceases to be so employed.

#### (j) Expenses

#### (1) Travel expenses

While away from their homes or regular places of business in the performance of services for the Council, Council members shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed travel expenses under section 5703 of title 5. Any Council member who is an employee of an agency or governmental unit and is eligible for travel expenses from that agency or unit for performing services for the Council is not eligible for travel expenses under this paragraph.

#### (2) Limitation on spending authority

No money authorized to be appropriated under section 460ss–5 of this title may be used to reimburse any agency or governmental unit (whose employees are Council members) for time spent by any such employee performing Council duties.

(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.)

#### **Editorial Notes**

#### Amendments

1988—Subsec. (g)(1). Pub. L. 100–653, §602(a), substituted "Procedures" for "Decisions of Council" as par. heading and amended text generally. Prior to amendment, text read as follows: "All decisions of the Council must be by unanimous vote of all of the members."

Subsec. (i). Pub. L. 100–653, §603(1), substituted ", the State of California, or the State of Oregon" for "or the State of California".

Subsec. (j)(1). Pub. L. 100–653, §603(2), inserted provision at end that any Council member who is employee of agency or governmental unit and is eligible for travel expenses from that agency or unit for performing services for Council not be eligible for travel expenses under this par.

1 So in original. Probably should be "knowledgeable".