CHAPTER 77 - YUKON RIVER SALMON
Title 16 > CHAPTER 77
Sections (16)
§ 5701 Purposes
It is the purpose of this subchapter— 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 ; to provide for representation by the United States on the Yukon River Panel established under such agreement; and to authorize to be appropriated sums necessary to carry out the responsibilities of the United States under such agreement. ( Pub. L. 104–43, title VII, § 702 , Nov. 3, 1995 , 109 Stat. 392 .)
§ 5702 Definitions
As used in this subchapter— 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 . The term “Panel” means the Yukon River Panel established by the Agreement. 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 . ( Pub. L. 104–43, title VII, § 703 , Nov. 3, 1995 , 109 Stat. 393 .)
§ 5703 Panel
(a) Representation The United States shall be represented on the Panel by six individuals, of whom— one shall be an official of the United States Government with expertise in salmon conservation and management; one shall be an official of the State of Alaska with expertise in salmon conservation and management; and 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: The Panel member described in subsection (a)(1) shall be appointed by the Secretary of State. The Panel member described in subsection (a)(2) shall be appointed by the Governor of Alaska. 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) Alternates The Secretary of State may designate an alternate Panel member for each Panel member the Secretary appoints under subsections 1 (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 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).
(g) Consultation In carrying out their functions under the Agreement, Panel members may consult with such other interested parties as they consider appropriate.
§ 5704 Advisory Committee
(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.
§ 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 . ( Pub. L. 104–43, title VII, § 706 , Nov. 3, 1995 , 109 Stat. 394 ; Pub. L. 117–286, § 4(a)(126) , Dec. 27, 2022 , 136 Stat. 4319 .)
§ 5706 Authority and responsibility
(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) 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.
§ 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. ( Pub. L. 104–43, title VII, § 708 , Nov. 3, 1995 , 109 Stat. 394 .)
§ 5708 Administrative matters
(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) 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 1 of title 28.
§ 5709 Authorization of appropriations
There are authorized to be appropriated 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 $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. ( Pub. L. 104–43, title VII, § 710 , Nov. 3, 1995 , 109 Stat. 395 .)
§ 5721 Yukon River Salmon Panel
(a) Establishment There shall be a Yukon River Salmon Panel (in this subchapter referred to as the “Panel”). The Panel shall— advise the Secretary of State regarding the negotiation of any international agreement with Canada relating to management of salmon stocks originating from the Yukon River in Canada; advise the Secretary of the Interior regarding restoration and enhancement of such salmon stocks; and perform other functions relating to conservation and management of such salmon stocks as authorized by this subchapter or any other title. 1 The Secretary of State may designate the members of the Panel to be the United States representatives on any successor to the panel established by 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 , if authorized by any agreement establishing such successor.
(b) Membership The Panel shall be comprised of six members, as follows: One member who is an official of the United States Government with expertise in salmon conservation and management, who shall be appointed by the Secretary of State. One member who is an official of the State of Alaska with expertise in salmon conservation and management, who shall be appointed by the Governor of Alaska. Four members who are knowledgeable and experienced with regard to the salmon fisheries on the Yukon River, who shall be appointed by the Secretary of State in accordance with paragraph (2). The Secretary of State shall appoint the members under paragraph (1)(C) from a list of at least three individuals nominated for each position by the Governor of Alaska. In making the nominations, 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 appointment of, and the Secretary of State shall appoint, under paragraph (1)(C)— at least one member 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 members appointed under paragraph (1)(C) shall be an Alaska Native. The Secretary of State may designate an alternate Panel member for each Panel member the Secretary appoints under paragraphs (1)(A) and (C), 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)(1)(B), who meets the same qualifications, to serve in the absence of that Panel member.
(c) Term length Panel members and alternate Panel members shall serve 4-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 Panel members and alternate Panel members shall be eligible for reappointment.
(e) Decisions Decisions of the Panel shall be made by the consensus of the Panel members appointed under subparagraphs (B) and (C) of subsection (b)(1).
(f) Consultation In carrying out their functions, Panel members may consult with such other interested parties as they consider appropriate.
§ 5722 Advisory committee
(a) Appointments The Governor of Alaska may establish and appoint an advisory committee of not less than eight, but not more than 12, individuals who are knowledgeable and experienced with regard to the salmon fisheries on the Yukon River. At least two of the advisory committee members shall be Alaska Natives. Members of the advisory committee may attend all meetings of the Panel, and shall be given the opportunity to examine and be heard on any matter under consideration by the Panel.
(b) Compensation The members of such advisory committee shall receive no compensation for their services.
(c) Term length Members of such advisory committee shall serve 2-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 Members of such advisory committee shall be eligible for reappointment.
§ 5723 Exemption
Chapter 10 of title 5 shall not apply to the Panel or to an advisory committee established under section 5722 of this title . ( Pub. L. 106–450, title II, § 204 , Nov. 7, 2000 , 114 Stat. 1943 ; Pub. L. 117–286, § 4(a)(127) , Dec. 27, 2022 , 136 Stat. 4319 .)
§ 5724 Authority and responsibility
(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 any agreement with Canada regarding management of salmon stocks originating from the Yukon River in Canada.
(b) Effect of designation The designation under subsection (a) shall not be considered to expand, diminish, or otherwise 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 any agreement with Canada regarding management of salmon stocks originating from the Yukon River in Canada, the Panel may make recommendations concerning the conservation and management of salmon originating in the Yukon River to the Department of the Interior, the Department of Commerce, the Department of State, the North Pacific Fishery Management Council, and other Federal or State entities as appropriate. Recommendations by the Panel shall be advisory in nature.
§ 5725 Administrative matters
(a) Compensation 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 necessary expenses Travel and other necessary expenses shall be paid by the Secretary of the Interior for all Panel members, alternate Panel members, and members of any advisory committee established under section 5722 of this title when engaged in the actual performance of duties.
(c) Treatment as Federal employees Except for officials of the United States Government, all Panel members, alternate Panel members, and members of any advisory committee established under section 5722 of this title 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 1 of title 28.
§ 5726 Yukon River salmon stock restoration and enhancement projects
(a) In general The Secretary of the Interior, in consultation with the Secretary of Commerce, may carry out projects to restore or enhance salmon stocks originating from the Yukon River in Canada and the United States.
(b) Cooperation with Canada If there is in effect an agreement between the Government of the United States and the Government of Canada for the conservation of salmon stocks originating from the Yukon River in Canada that includes provisions governing projects authorized under this section, then— projects under this section shall be carried out in accordance with that agreement; and amounts available for projects under this section— shall be expended in accordance with the agreement; and may be deposited in any joint account established by the agreement to fund such projects.
§ 5727 Authorization of appropriations
There are authorized to be appropriated to the Secretary of the Interior to carry out this subchapter 3,000,000 shall be available each fiscal year for activities by the Department of the Interior and the Department of Commerce for survey, restoration, and enhancement activities related to salmon stocks originating from the Yukon River in Canada, of which up to 600,000 shall be available each fiscal year for cooperative salmon research and management projects in the portion of the Yukon River drainage located in the United States that are recommended by the Panel. ( Pub. L. 106–450, title II, § 208 , Nov. 7, 2000 , 114 Stat. 1944 ; Pub. L. 108–219, title III, § 303 , Apr. 13, 2004 , 118 Stat. 616 ; Pub. L. 109–479, title III, § 302(b) , Jan. 12, 2007 , 120 Stat. 3623 .)