Title 16 -- Conservation


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    16 USC CHAPTER 77 - YUKON RIVER SALMON                       01/23/00
 
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    TITLE 16 - CONSERVATION
    CHAPTER 77 - YUKON RIVER SALMON
    .
 
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    CHAPTER 77 - YUKON RIVER SALMON
 
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    Sec.
    5701. Purposes.
    5702. Definitions.
    5703. Panel.
                  (a) Representation.
                  (b) Appointments.
                  (c) Alternates.
                  (d) Term length.
                  (e) Reappointment.
                  (f) Decisions.
                  (g) Consultation.
    5704. Advisory Committee.
                  (a) Appointments.
                  (b) Compensation.
                  (c) Term length.
                  (d) Reappointment.
    5705. Exemption.
    5706. Authority and responsibility.
                  (a) Responsible management entity.
                  (b) Effect of designation.
                  (c) Recommendations of Panel.
    5707. Continuation of Agreement.
    5708. Administrative matters.
                  (a) Compensation of Panel members.
                  (b) Travel and other expenses.
                  (c) Status as Federal employees.
    5709. Authorization of appropriations.
 
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    16 USC Sec. 5701                                             01/23/00
 
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    TITLE 16 - CONSERVATION
    CHAPTER 77 - YUKON RIVER SALMON
 
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    Sec. 5701. Purposes
 
-STATUTE-
      It is the purpose of this chapter -
        (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.
 
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    (Pub. L. 104-43, title VII, Sec. 702, Nov. 3, 1995, 109 Stat. 392.)
 
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                                SHORT TITLE
      Section 701 of title VII of Pub. L. 104-43 provided that: ''This
    title (enacting this chapter) may be cited as the 'Yukon River
    Salmon Act of 1995'.''
 
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    16 USC Sec. 5702                                             01/23/00
 
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    TITLE 16 - CONSERVATION
    CHAPTER 77 - YUKON RIVER SALMON
 
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    Sec. 5702. Definitions
 
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      As used in this chapter -
        (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.
 
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    (Pub. L. 104-43, title VII, Sec. 703, Nov. 3, 1995, 109 Stat. 393.)
 
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    16 USC Sec. 5703                                             01/23/00
 
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    TITLE 16 - CONSERVATION
    CHAPTER 77 - YUKON RIVER SALMON
 
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    Sec. 5703. Panel
 
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    (a) Representation
      The 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) Appointments
      Panel members shall be appointed as follows:
        (1) The Panel member described in subsection (a)(1) of this
      section shall be appointed by the Secretary of State.
        (2) The Panel member described in subsection (a)(2) of this
      section shall be appointed by the Governor of Alaska.
        (3) The Panel members described in subsection (a)(3) of this
      section 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) of this section 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) of this section shall be an
      Alaska Native.
    (c) Alternates
      The Secretary of State may designate an alternate Panel member
    for each Panel member the Secretary appoints under subsections
    (FOOTNOTE 1) (b)(1) and (3) of this section, 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) of
    this section, who meets the same qualifications, to serve in the
    absence of that Panel member.
       (FOOTNOTE 1) So in original.  Probably should be ''subsection''.
    (d) Term length
      Panel 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) Reappointment
      Panel members and alternate Panel members shall be eligible for
    reappointment.
    (f) Decisions
      Decisions 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) of this section.
    (g) Consultation
      In carrying out their functions under the Agreement, Panel
    members may consult with such other interested parties as they
    consider appropriate.
 
-SOURCE-
    (Pub. L. 104-43, title VII, Sec. 704, Nov. 3, 1995, 109 Stat. 393.)
 
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    16 USC Sec. 5704                                             01/23/00
 
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    TITLE 16 - CONSERVATION
    CHAPTER 77 - YUKON RIVER SALMON
 
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    Sec. 5704. Advisory Committee
 
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    (a) Appointments
      The 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) Compensation
      The members of such Advisory Committee shall receive no
    compensation for their services.
    (c) Term length
      Advisory 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) Reappointment
      Advisory Committee members shall be eligible for reappointment.
 
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    (Pub. L. 104-43, title VII, Sec. 705, Nov. 3, 1995, 109 Stat. 394.)
 
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                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 5705 of this title.
 
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    16 USC Sec. 5705                                             01/23/00
 
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    TITLE 16 - CONSERVATION
    CHAPTER 77 - YUKON RIVER SALMON
 
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    Sec. 5705. Exemption
 
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      The Federal Advisory Committee Act (5 U.S.C. App.) shall not
    apply to the Panel, the Yukon River Joint Technical Committee, or
    the Advisory Committee created under section 5704 of this title.
 
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    (Pub. L. 104-43, title VII, Sec. 706, Nov. 3, 1995, 109 Stat. 394.)
 
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                             REFERENCES IN TEXT
      The Federal Advisory Committee Act, referred to in text, is Pub.
    L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
    in the Appendix to Title 5, Government Organization and Employees.
 
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    16 USC Sec. 5706                                             01/23/00
 
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    TITLE 16 - CONSERVATION
    CHAPTER 77 - YUKON RIVER SALMON
 
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    Sec. 5706. Authority and responsibility
 
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    (a) Responsible management entity
      The 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 designation
      The designation under subsection (a) of this section 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 Panel
      In 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.
 
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    (Pub. L. 104-43, title VII, Sec. 707, Nov. 3, 1995, 109 Stat. 394.)
 
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    16 USC Sec. 5707                                             01/23/00
 
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    TITLE 16 - CONSERVATION
    CHAPTER 77 - YUKON RIVER SALMON
 
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    Sec. 5707. Continuation of Agreement
 
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      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
    chapter which apply to the Panel shall thereafter apply to the
    Yukon River Salmon Commission, and the other provisions of this
    chapter shall remain in effect.
 
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    (Pub. L. 104-43, title VII, Sec. 708, Nov. 3, 1995, 109 Stat. 394.)
 
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    16 USC Sec. 5708                                             01/23/00
 
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    TITLE 16 - CONSERVATION
    CHAPTER 77 - YUKON RIVER SALMON
 
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    Sec. 5708. Administrative matters
 
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    (a) Compensation of Panel members
      Panel 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 expenses
      Travel 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 employees
      Except for officials of the United States Government, individuals
    described in subsection (b) of this section 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 (FOOTNOTE 1) of title 28.
       (FOOTNOTE 1) So in original.  Probably should be chapter
    ''171''.
 
-SOURCE-
    (Pub. L. 104-43, title VII, Sec. 709, Nov. 3, 1995, 109 Stat. 395.)
 
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                             REFERENCES IN TEXT
      The General Schedule, referred to in subsec. (a), is set out
    under section 5332 of Title 5, Government Organization and
    Employees.
 
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    16 USC Sec. 5709                                             01/23/00
 
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    TITLE 16 - CONSERVATION
    CHAPTER 77 - YUKON RIVER SALMON
 
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    Sec. 5709. Authorization of appropriations
 
-STATUTE-
      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 chapter 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) (FOOTNOTE 1) of title 22,
      insofar as it limits the authority of United States
      representatives to international organizations with respect to
      such commitments;
       (FOOTNOTE 1) So in original.  Probably should be section
    ''262b''.
        (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.
 
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    (Pub. L. 104-43, title VII, Sec. 710, Nov. 3, 1995, 109 Stat. 395.)


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