16 U.S.C. § 460ss: Klamath Fishery Management Council

There is established a Klamath Fishery Management Council (hereafter in this subchapter referred to as the “Council”). 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; to the California Fish and Game Commission regarding in-river and offshore recreational harvesting regulations, to the Oregon Department of Fish and Wildlife regarding offshore recreational harvesting regulations, to the Pacific Fishery Management Council regarding ocean harvesting regulations, to the Bureau of Indian Affairs regarding regulations for harvesting in the Area by non-Hoopa Indians, and to the Hoopa Valley Business Council regarding regulations for harvesting in the Area by members of the Hoopa Indian Tribe; and conduct public hearings on any regulation referred to in subparagraph (B)(i) through (v). be based upon the best scientific information available; minimize costs where practicable, and avoid unnecessary duplication of regulations; take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches; and be designed to achieve an escapement that preserves and strengthens the viability of the Area’s natural anadromous fish populations. The commercial salmon fishing industry. The in-river sportfishing community. The offshore recreational fishing industry. The California Department of Fish and Game. A representative of the Hoopa Indian Tribe who shall be appointed by Hoopa Valley Business Council. The non-Hoopa Indians residing in the Area. The Department of the Interior. The National Marine Fisheries Service. The Pacific Fishery Management Council. The commercial salmon fishing industry. The Oregon Department of Fish and Wildlife. The appointments required under subsection (c) shall be made in consultation with the appropriate users of Area anadromous fish resources. 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. 1 So in original. Probably should be “knowledgeable”. The term of a member is 4 years. Members of the Council serve at the pleasure of the appointing authority. 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. a quorum of the Council must be present before business may be transacted; and 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. The Council shall elect a Chairman from among its members. The Council shall meet at the call of the Chairman or upon the request of a majority of its members. 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. The Secretary and the Director of the California Department of Fish and Game shall furnish the Council with relevant information concerning the Area. The Council shall determine its organization, and prescribe the practices and procedures for carrying out its functions under subsection (b). 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. 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. 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.