USC Subchapter I

in effect

16 U.S.C. § 5701 Purposes

It is the purpose of this subchapter— (1) to implement the interim agreement for the conservation of salmon stocks originating from the Yukon River in Canada agreed to through an exchange of notes between the Government of the United States and the Government of Canada on February 3, 1995; (2) to provide for representation by the United States on the Yukon River Panel established under such agreement; and (3) to authorize to be appropriated sums necessary to carry out the responsibilities of the United States under such agreement.

16 U.S.C. § 5702 Definitions

As used in this subchapter— (1) The term “Agreement” means the interim agreement for the conservation of salmon stocks originating from the Yukon River in Canada agreed to through an exchange of notes between the Government of the United States and the Government of Canada on February 3, 1995. (2) The term “Panel” means the Yukon River Panel established by the Agreement. (3) The term “Yukon River Joint Technical Committee” means the technical committee established by paragraph C.2 of the Memorandum of Understanding concerning the Pacific Salmon Treaty between the Government of the United States and the Government of Canada recorded January 28, 1985.

16 U.S.C. § 5703 Panel

(a) RepresentationThe United States shall be represented on the Panel by six individuals, of whom—(1) one shall be an official of the United States Government with expertise in salmon conservation and management; (2) one shall be an official of the State of Alaska with expertise in salmon conservation and management; and (3) four shall be knowledgeable and experienced with regard to the salmon fisheries on the Yukon River. (b) AppointmentsPanel members shall be appointed as follows:(1) The Panel member described in subsection (a)(1) shall be appointed by the Secretary of State. (2) The Panel member described in subsection (a)(2) shall be appointed by the Governor of Alaska. (3) The Panel members described in subsection (a)(3) shall be appointed by the Secretary of State from a list of at least 3 individuals nominated for each position by the Governor of Alaska. The Governor of Alaska may consider suggestions for nominations provided by organizations with expertise in Yukon River salmon fisheries. The Governor of Alaska may make appropriate nominations to allow for, and the Secretary of State shall appoint, at least one member under subsection (a)(3) who is qualified to represent the interests of Lower Yukon River fishing districts, and at least one member who is qualified to represent the interests of Upper Yukon River fishing districts. At least one of the Panel members under subsection (a)(3) shall be an Alaska Native. (c) AlternatesThe Secretary of State may designate an alternate Panel member for each Panel member the Secretary appoints under subsections 11 So in original. Probably should be “subsection”. (b)(1) and (3), who meets the same qualifications, to serve in the absence of the Panel member. The Governor of the State of Alaska may designate an alternative Panel member for the Panel member appointed under subsection (b)(2), who meets the same qualifications, to serve in the absence of that Panel member. (d) Term lengthPanel members and alternate Panel members shall serve four-year terms. Any individual appointed to fill a vacancy occurring before the expiration of any term shall be appointed for the remainder of that term. (e) ReappointmentPanel members and alternate Panel members shall be eligible for reappointment. (f) DecisionsDecisions by the United States section of the Panel shall be made by the consensus of the Panel members appointed under paragraphs (2) and (3) of subsection (a). (g) ConsultationIn carrying out their functions under the Agreement, Panel members may consult with such other interested parties as they consider appropriate.

16 U.S.C. § 5704 Advisory Committee

(a) AppointmentsThe Governor of Alaska may appoint an Advisory Committee of not less than eight, but not more than twelve, individuals who are knowledgeable and experienced with regard to the salmon fisheries on the Yukon River. At least 2 of the Advisory Committee members shall be Alaska Natives. Members of the Advisory Committee may attend all meetings of the United States section of the Panel, and shall be given the opportunity to examine and be heard on any matter under consideration by the United States section of the Panel. (b) CompensationThe members of such Advisory Committee shall receive no compensation for their services. (c) Term lengthAdvisory Committee members shall serve two-year terms. Any individual appointed to fill a vacancy occurring before the expiration of any term shall be appointed for the remainder of that term. (d) ReappointmentAdvisory Committee members shall be eligible for reappointment.

16 U.S.C. § 5705 Exemption

Chapter 10 of title 5 shall not apply to the Panel, the Yukon River Joint Technical Committee, or the Advisory Committee created under section 5704 of this title.

16 U.S.C. § 5706 Authority and responsibility

(a) Responsible management entityThe State of Alaska Department of Fish and Game shall be the responsible management entity for the United States for the purposes of the Agreement. (b) Effect of designationThe designation under subsection (a) shall not be considered to expand, diminish, or change the management authority of the State of Alaska or the Federal Government with respect to fishery resources. (c) Recommendations of PanelIn addition to recommendations made by the Panel to the responsible management entities in accordance with the Agreement, the Panel may make recommendations concerning the conservation and management of salmon originating in the Yukon River to the Department of the Interior, Department of Commerce, Department of State, North Pacific Fishery Management Council, and other Federal or State entities as appropriate. Recommendations by the Panel shall be advisory in nature.

16 U.S.C. § 5707 Continuation of Agreement

In the event that the Treaty between Canada and the United States of America concerning Pacific Salmon, signed at Ottawa, January 28, 1985, terminates prior to the termination of the Agreement, and the functions of the Panel are assumed by the “Yukon River Salmon Commission” referenced in the Agreement, the provisions of this subchapter which apply to the Panel shall thereafter apply to the Yukon River Salmon Commission, and the other provisions of this subchapter shall remain in effect.

16 U.S.C. § 5708 Administrative matters

(a) Compensation of Panel membersPanel members and alternate Panel members who are not State or Federal employees shall receive compensation at the daily rate of GS–15 of the General Schedule when engaged in the actual performance of duties. (b) Travel and other expensesTravel and other necessary expenses shall be paid for all Panel members, alternate Panel members, United States members of the Joint Technical Committee, and members of the Advisory Committee when engaged in the actual performance of duties. (c) Status as Federal employeesExcept for officials of the United States Government, individuals described in subsection (b) shall not be considered to be Federal employees while engaged in the actual performance of duties, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 71 11 So in original. Probably should be chapter “171”. of title 28.

16 U.S.C. § 5709 Authorization of appropriations

There are authorized to be appropriated $4,000,000 for each fiscal year for carrying out the purposes and provisions of the Agreement and this subchapter including— (1) necessary travel expenses of Panel members, alternate Panel members, United States members of the Joint Technical Committee, and members of the Advisory Committee in accordance with Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5; (2) the United States share of the joint expenses of the Panel and the Joint Technical Committee: Provided, That Panel members and alternate Panel members shall not, with respect to commitments concerning the United States share of the joint expenses, be subject to section 262(b) 11 So in original. Probably should be section “262b”. of title 22, insofar as it limits the authority of United States representatives to international organizations with respect to such commitments; (3) not more than $3,000,000 for each fiscal year to the Department of the Interior and to the Department of Commerce for survey, restoration, and enhancement activities related to Yukon River salmon; and (4) $400,000 in each of fiscal years 1996, 1997, 1998, and 1999 to be contributed to the Yukon River Restoration and Enhancement Fund and used in accordance with the Agreement.