---
kind: "section"
citation: "16 U.S.C. § 7802"
title: "16"
title_heading: "Conservation"
number: "7802"
heading: "Appointment or designation of United States Commissioners"
release: "119-102"
url: "https://uscodex.org/usc/16/7802"
units:
  - "Chapter 97 — Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific"
---

# §7802. Appointment or designation of United States Commissioners

- (a) **Appointment—**
  - (1) **In general—** The United States shall be represented on the [Commission](/usc/16/7801.md?p=2) by not more than 3 [Commissioners](/usc/16/3601.md?p=3). In making each appointment, the President shall select a [Commissioner](/usc/16/3601.md?p=3) from among individuals who are knowledgeable or experienced concerning [fishery resources](/usc/16/7801.md?p=6) in the South Pacific Ocean.
  - (2) **Representation—** At least 1 of the [Commissioners](/usc/16/3601.md?p=3) shall be—
    - (A) serving at the pleasure of the President, an officer or employee of—
      - (i) the Department of Commerce;
      - (ii) the Department of State; or
      - (iii) the Coast Guard; and
    - (B) the chairperson or designee of the [Council](/usc/16/7801.md?p=4).
- (b) **Alternate Commissioners—** The Secretary of State, in consultation with the [Secretary](/usc/16/7801.md?p=10), may designate from time to time and for periods of time considered appropriate an alternate [Commissioner](/usc/16/3601.md?p=3) to the [Commission](/usc/16/7801.md?p=2). An alternate [Commissioner](/usc/16/3601.md?p=3) may exercise all powers and duties of a [Commissioner](/usc/16/3601.md?p=3) in the absence of a [Commissioner](/usc/16/3601.md?p=3) appointed under [subsection (a)](#a).
- (c) **Administrative matters—**
  - (1) **Employment status—** An individual serving as a [Commissioner](/usc/16/3601.md?p=3), or as an alternate [Commissioner](/usc/16/3601.md?p=3), other than an officer or employee of the United States Government, shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in [chapter 81](/usc/5/chptIII-sptG-ch81.md) of title 5 and [chapter 171](/usc/28/chptVI-ch171.md) of title 28.
  - (2) **Compensation—** An individual serving as a [Commissioner](/usc/16/3601.md?p=3) or an alternate [Commissioner](/usc/16/3601.md?p=3), although an officer of the United States while so serving, shall receive no compensation for the individual’s services as such [Commissioner](/usc/16/3601.md?p=3) or alternate [Commissioner](/usc/16/3601.md?p=3).
  - (3) **Travel expenses—**
    - (A) **In general—** The Secretary of State shall pay the necessary travel expenses of a [Commissioner](/usc/16/3601.md?p=3) or an alternate [Commissioner](/usc/16/3601.md?p=3) in accordance with the Federal Travel Regulations and sections [5701](/usc/5/5701.md), [5702](/usc/5/5702.md), [5704 through 5708](/usc/5/5704..5708.md), and [5731](/usc/5/5731.md) of title 5.
    - (B) **Reimbursement—** The [Secretary](/usc/16/7801.md?p=10) may reimburse the Secretary of State for amounts expended by the Secretary of State under this paragraph.
- (d) **Advisory Committee—**
  - (1) **Establishment of permanent Advisory Committee—**
    - (A) **Membership—** There is established an [advisory committee](/usc/16/698u–1.md?p=1) which shall be composed of 7 members appointed by the [Secretary](/usc/16/7801.md?p=10) as follows:
      - (i) A member engaging in commercial [fishing](/usc/16/7801.md?p=7) in the management [area](/usc/16/539m–1.md?p=1-A) of the [Council](/usc/16/7801.md?p=4).
      - (ii) Two members from the indigenous population of the Pacific, including a Native Hawaiian and a native-born inhabitant of any [State](/usc/16/7801.md?p=12) in the Pacific.
      - (iii) A member that is a marine [fisheries](/usc/16/1383a.md?p=o-1) scientist and a member of the [Council](/usc/16/7801.md?p=4)’s Scientific and Statistical [Committee](/usc/16/941b.md?p=1).
      - (iv) A member representing a non-governmental organization active in [fishery](/usc/16/1383a.md?p=o-1) issues in the Pacific.
      - (v) A member nominated by the Governor of the [State](/usc/16/7801.md?p=12) of Hawaii.
      - (vi) A member designated by the [Council](/usc/16/7801.md?p=4).
    - (B) **Terms and privileges—** Each member of the [Advisory Committee](/usc/16/698u–1.md?p=1) shall serve for a term of 2 years and shall be eligible for reappointment for not more than 3 consecutive terms. The [Commissioners](/usc/16/3601.md?p=3) shall notify the [Advisory Committee](/usc/16/698u–1.md?p=1) in advance of each meeting of the [Commissioners](/usc/16/3601.md?p=3). The [Advisory Committee](/usc/16/698u–1.md?p=1) may attend each meeting and may examine and be heard on all proposed [programs](/usc/16/460ss–6.md?p=1), investigations, reports, recommendations, and regulations of the [Commissioners](/usc/16/3601.md?p=3).
    - (C) **Procedures—**
      - (i) **In general—** The [Advisory Committee](/usc/16/698u–1.md?p=1) shall determine its organization and prescribe its practices and procedures for carrying out its functions under this chapter, the South Pacific [Fisheries](/usc/16/1383a.md?p=o-1) Convention, and the Magnuson-Stevens [Fishery](/usc/16/1383a.md?p=o-1) [Conservation](/usc/16/6456.md?p=2) and Management Act ([16 U.S.C. 1801](/usc/16/1801.md) et seq.).
      - (ii) **Public availability of procedures—** The [Advisory Committee](/usc/16/698u–1.md?p=1) shall publish and make available to the public a statement of its organization, practices, and procedures.
      - (iii) **Quorum—** A majority of the members of the [Advisory Committee](/usc/16/698u–1.md?p=1) shall constitute a quorum to conduct business.
      - (iv) **Public meetings—** Meetings of the [Advisory Committee](/usc/16/698u–1.md?p=1), except when in executive session, shall be open to the public. Prior notice of each non-executive meeting shall be made public in a timely fashion. The [Advisory Committee](/usc/16/698u–1.md?p=1) shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).[^1]
      - (v) **Cost savings—** In order to reduce the cost of [Advisory Committee](/usc/16/698u–1.md?p=1) meetings, the [Advisory Committee](/usc/16/698u–1.md?p=1) shall, to the extent practicable, utilize teleconferences and webinars for that purpose.
    - (D) **Provision of information—** The [Secretary](/usc/16/7801.md?p=10) and the Secretary of State shall furnish the [Advisory Committee](/usc/16/698u–1.md?p=1) with relevant information concerning [fishery resources](/usc/16/7801.md?p=6) and international [fishery](/usc/16/1383a.md?p=o-1) agreements.
  - (2) **Administrative matters—**
    - (A) **Support services—** The [Secretary](/usc/16/7801.md?p=10) shall provide to the [Advisory Committee](/usc/16/698u–1.md?p=1) in a timely manner such administrative and technical support services as are necessary to function effectively.
    - (B) **Compensation; status; expenses—** An individual appointed to serve as a member of the [Advisory Committee](/usc/16/698u–1.md?p=1)—
      - (i) shall serve without pay; and
      - (ii) shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in [chapter 81](/usc/5/chptIII-sptG-ch81.md) of title 5 and [chapter 171](/usc/28/chptVI-ch171.md) of title 28.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 114–327, title II, § 202, Dec. 16, 2016, 130 Stat. 1987.)

## Notes

### Editorial Notes

### References in Text

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (d)(1)(C)(i), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

The Federal Advisory Committee Act, referred to in subsec. (d)(1)(C)(iv), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.