REGIONAL FISHERY MANAGEMENT COUNCILS.

SEC. 302. REGIONAL FISHERY MANAGEMENT COUNCILS. (a) Establishment.— There shall be established, within 120 days after the date of the enactment of this Act, eight Regional Fishery Management Councils, as follows: (1) New England council.— The New England Fishery Management Council shall consist of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut and shall have authority over the fisheries in the Atlantic Ocean seaward of such States, The New England Council shall have 17 voting members, including 11 appointed by the Secretary pursuant to subsection (b)(1)(C) (at least one of whom shall be appointed from each such State). (2) Mid-atlantic council.— The Mid-Atlantic Fishery Management Council shall consist of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, and Virginia and shall have authority over the fisheries in the Atlantic Ocean sea-ward of such States. The Mid-Atlantic Council shall have 19 voting members, including 12 appointed by the Secretary pursuant to subsection (b)(1)(C) (at least one of whom shall be appointed from each such State). (3) South Atlantic council.— The South Atlantic Fishery Management Council shall consist of the States of North Carolina, South Carolina, Georgia, and Florida and shall have authority over the fisheries in the Atlantic Ocean seaward of such States. The South Atlantic Council shall have 13 voting members, including 8 appointed by the Secretary pursuant to subsection (b)(1)(C) (at least one of whom shall be appointed from each such State), (4) Caribbean council.— The Caribbean Fishery Management Council shall consist of the Virgin Islands and the Commonwealth of Puerto Rico and shall have authority over the fisheries in the Caribbean Sea and Atlantic Ocean seaward of such States, The Caribbean Council shall have 7 voting members, including 4 appointed by the Secretary pursuant to subsection (b)(1)(C) (at least one of whom shall be appointed from each such State). (5) Gulf council.— The Gulf of Mexico Fishery Management Council shall consist of the States of Texas, Louisiana, Mississippi, Alabama, and Florida and shall have authority over the fisheries in the Gulf of Mexico seaward of such States. The Gulf Council shall have 17 voting members, including 11 appointed by the Secretary pursuant to subsection (b)(1)(C) (at least one of whom shall be appointed from each such State). (6) Pacific council.— 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 the90 STAT. 348 Secretary pursuant to subsection (b)(1)(C) (at least one of whom shall be appointed from each such State). (7) North pacific council.— The North Pacific Fishery Management Council shall consist of the States of Alaska. Washington, and Oregon and shall have authority over the fisheries in the Arctic Ocean, Bering Sea, and Pacific Ocean seaward of Alaska. The North Pacific Council shall have 11 voting members, including 7 appointed by the Secretary pursuant to subsection (b)(1)(C) (5 of whom shall be appointed from the State of Alaska and 2 of whom shall be appointed from the State of Washington). (8) Western pacific council.— The Western Pacific Fishery Management Council shall consist of the State of Hawaii, American Samoa, and Guam and shall have authority over the fisheries in the Pacific Ocean seaward of such States. The Western Pacific Council shall have 11 voting members, including 7 appointed by the Secretary pursuant to subsection (b)(1)(C) (at least one of whom shall be appointed from each such State). Each Council shall reflect the expertise and interest of the several constituent States in the ocean area over which such Council is granted authority. (b) Voting Members.— (1) The voting members of each Council shall be: (A) The principal State official with marine fishery management responsibility and expertise in each constituent State, who is designated as such by the Governor of the State, so long as the official continues to hold such position, or the designee of such official. (B) The regional director of the National Marine Fisheries Service for the geographic area concerned, or his designee, except that if two such directors are within such geographical area, the Secretary shall designate which of such directors shall he the voting member. (C) The members required to be appointed by the Secretary shall be appointed by the Secretary from a list of qualified individuals submitted by the Governor of each applicable constituent State. With respect to the initial such appointments, such Governors shall submit such lists to the Secretary as soon as practicable, not later than 45 days after the date of the enactment of this Act. As used in this subparagraph, (i) the term “list of qualified individuals” shall include the names (including pertinent biographical data) of not less than three, such individuals for each applicable vacancy, and (ii) the term “qualified individual” means an individual who is knowledgeable or experienced with regard to the management, conservation, or recreational or commercial harvest, of the fishery resources of the geographical area concerned. (2) Each voting member appointed to a Council pursuant to paragraph (1)(C) 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, (3) Successors to the voting members of any Council shall be appointed in the same manner as the original voting members. Any individual appointed to fill a vacancy occurring prior to the expiration of any term of office shall be appointed for the remainder of that term. 90 STAT. 349 (c) Nonvoting Members.— (1) The nonvoting members of each Council shall be: (A) The regional or area director of the United States Fish and Wildlife Service for the geographical area concerned, or his designee. (B) The commander of the Coast Guard district for the geographical area concerned, or his designee; except that, if two Coast Guard districts are within such geographical area, the commander designated for such purpose by the commandant of the Coast Guard. (C) The executive director of the Marine Fisheries Commission for the geographical area concerned, if any, or his designee. (D) One representative of the Department of State designated for such purpose by the Secretary of State, or his designee. (2) The Pacific Council shall have one additional nonvoting member who shall be appointed by, and serve at the pleasure of, the Governor of Alaska. (d) Compensation and Expenses.— 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), and the nonvoting member appointed pursuant to subsection (e)(2) shall be reimbursed for actual expenses incurred in the performance of such duties. (e) Transaction of Business.— (1) A majority of the voting members of any Council shall constitute a quorum, but one or more such members designated by the Council may hold hearings. All decisions of any Council shall be by majority vote of the voting members present and voting. (2) The voting members of each Council shall select a Chairman for such Council from among the voting members. (3) Each Council shall meet in the geographical area concerned at the call of the Chairman or upon the request of a majority of its voting members. (4) If any voting member of a Council disagrees with respect to any matter which is transmitted to the Secretary by such Council, such member may submit a statement to the Secretary setting forth the reasons for such disagreement. (f) Staff and Administration.— (1) Each Council may appoint, and assign duties to, an executive director and such other full- and part-time administrative employees as the Secretary determines are necessary to the performance of its functions. (2) Upon the request of any Council, and after consultation with the Secretary, the head of any Federal agency is authorized to detail to such Council, on a reimbursable basis, any of the personnel of such agency, to assist such Council in the performance of its functions under this Act. (3) The Secretary shall provide to each Council such administrative and technical support services as are necessary for the effective functioning of such Council. (4) The Administrator of General Services shall furnish each Council with such offices, equipment, supplies, and services as he is authorized to furnish to any other agency or instrumentality of the United States. 90 STAT. 350 (5) The Secretary and the Secretary of State shall furnish each Council with relevant information concerning foreign fishing and international fishery agreements. (6) Each Council shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this Act, in accordance with such uniform standards as are prescribed by the Secretary. Each Council shall publish and make available to the public a statement of its organization, practices, and procedures. (7) The Secretary shall pay— (A) the compensation and expenses provided for in subsection (d); (B) appropriate compensation to employees appointed under paragraph (1); (C) the amounts required for reimbursement of other Federal agencies under paragraphs (2) and (4); (D) the actual expenses of the members of the committees and panels established under subsection (g); and (E) such other costs as the Secretary determines are necessary to the performance of the functions of the Councils. (g) Committees and Panels.— (1) Each Council shall establish and maintain, and appoint the member’s of, a scientific and statistical committee to assist it in the development, collection, and evaluation of such statistical, biological, economic, social, and other scientific information as is relevant to such Council’s development and amendment of any fishery management plan. (2) Each Council shall establish such other advisory panels as are necessary or appropriate to assist it in carrying out its functions under this Act. (h) Functions.— Each Council shall, in accordance with the provisions of this Act— (1) prepare and submit to the Secretary a fishery management plan with respect to each fishery within its geographical area of authority and, from time to time, such amendments to each such plan as are necessary; (2) prepare comments on any application for foreign fishing transmitted to it under section 204(b)(4)(B), and any fishery management plan or amendment transmitted to it under section 304(c)(2); (3) conduct public hearings, at appropriate times and in appropriate locations in the geographical area concerned, so as to allow all interested persons an op port unity 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 Act; (4) submit to the Secretary— (A) a report, before February 1 of each year, on the Council’s activities during the immediately preceding calendar year, (B) such periodic reports as the Council deems appropriate, and (C) any other relevant report which may lie requested by the Secretary; (5) review on a continuing basis, and revise as appropriate, the assessments and specifications made pursuant to section 303(a)(3) and (4) with respect to the optimum yield from, and the total allowable level of foreign fishing in, each fishery within its geographical area of authority; and 90 STAT. 351 (6) conduct any other activities which are required by, or provided for in, this Act or which are necessary and appropriate to the foregoing functions.