16 U.S.C. § 3632 — United States Section

(a) Commissioners The United States must be represented on the Commission by four United States Commissioners who are knowledgeable or experienced concerning Pacific salmon, to be appointed by and serve at the pleasure of the President. Of these, one must be an official of the United States Government who must be a nonvoting member of the United States Section; one must be a resident of the State of Alaska and must be appointed from a list of at least six qualified individuals nominated by the Governor of that State; one must be a resident of the States of Oregon, or Washington and must be appointed from a list of at least six qualified individuals nominated by the Governors of those States; and one must be appointed from a list of at least six qualified individuals nominated by the treaty Indian tribes of the States of Idaho, Oregon or Washington. Two of the initial appointments must be for two-year terms; all other appointments must be for four-year terms. Each Commissioner is eligible for reappointment. Any individual appointed to fill a vacancy occurring before the expiration of any term of office must be appointed for the remainder of that term. Unless otherwise agreed, the chairmanship of the United States Section must rotate annually among all four members with the order of rotation determined by lot at the first meeting. (b) Alternate Commissioners The Secretary of State, in consultation with the Secretary and the Secretary of the Interior, must designate an Alternate Commissioner for each Commissioner from the respective lists referred to in subsection (a), and may designate an Alternate Commissioner for the Federal Commissioner. In the absence of a Commissioner, the Alternate Commissioner may exercise all functions of such Commissioner at any meeting of the Commission or of the United States Section. Alternate Commissioners are eligible for reappointment and may attend all meetings of the United States Section. (c) Southern Panel The United States must be represented on the southern Panel by six Panel members, of whom— (1) one must be an official of the United States Government, with salmon fishery management responsibility and expertise; (2) one must be an official of the State of Oregon, with salmon fishery management responsibility and expertise; (3) one must be an official of the State of Washington, with salmon fishery management responsibility and expertise; (4) two must be appointed from a list submitted by the treaty Indian tribes of individuals with salmon fishery management responsibility and expertise; and (5) one must be appointed from the commercial or recreational sector who is knowledgeable and experienced in the salmon fisheries for which the southern Panel is responsible. (d) Northern Panel The United States must be represented on the northern Panel by six Panel members, of whom— (1) one must be an official of the United States Government, with salmon fishery management responsibility and expertise; (2) one must be an official of the State of Alaska, with salmon fishery management responsibility and expertise; and (3) four must be individuals knowledgeable and experienced in the salmon fisheries for which the northern Panel is responsible. (e) Fraser River Panel The United States must be represented on the Fraser River Panel by four Panel members, of whom— (1) one must be an official of the United States Government, with salmon fishery management responsibility and expertise; (2) one must be an official of the State of Washington, with salmon fishery management responsibility and expertise; (3) one must be appointed from a list submitted by the treaty Indian tribes of individuals with salmon fishery management responsibility and expertise for the fisheries for which the Fraser River Panel is responsible; and (4) one must be appointed from the commercial sector of the salmon fishing industry concerned with fisheries for which the Fraser River Panel is responsible. (f) Transboundary Panel The United States must be represented on the Transboundary Panel by seven panel members, of whom— (1) one must be an official of the United States Government, with salmon fishery management responsibility and expertise; (2) one must be an official of the State of Alaska, with salmon fishery management responsibility and expertise; and (3) five must be individuals knowledgeable and experienced in the salmon fisheries for which the Transboundary Panel is responsible. (g) Panel appointments Panel members described in subsections (c)(2), (c)(3), (d)(2), and (e)(2) must be appointed by the Governor of the applicable State. Panel members described in subsections (c)(4) and (e)(3) must be appointed by the Secretary of the Interior from lists of nominations provided by the appropriate treaty Indian tribes. All other Panel members must be appointed by the Secretary: Provided , That at least one member of the northern Panel must be a voting member of the North Pacific Fishery Management Council, at least one member of the southern Panel must be a voting member of the Pacific Fishery Management Council; and the Panel members described in subsections (c)(5), (d)(3), and (e)(4) must be appointed from lists of nominations provided by the Governors of the applicable States. For the northern, southern, and Fraser River panels, the appointing authorities listed above may also designate an alternate Panel member, meeting the same qualifications and having the same term of office, to service in the absence of a Panel member appointed under this subsection. Panel members and alternate Panel members, other than the southern Panel member described in subsection (c)(5), must serve four-year terms; except that the Secretary of State must designate one-half of the initial appointments to each Panel as serving two-year terms. The southern Panel member described in subsection (c)(5) and the corresponding alternate must each be appointed for one-year terms; the first such member must be appointed from the commercial sector and an alternate must be appointed from the recreational sector, with the alternate succeeding to the member position in the subsequent year; after that the member and alternate positions must rotate between the commercial and recreational sectors on an annual basis. Any individual appointed to fill a vacancy occurring before the expiration of any term of office must be appointed for the remainder of that term. Panel members and alternates must be eligible for reappointment and may attend all meetings of the relevant United States Panel Section. (h) Voting requirements (1) Except as provided in paragraph (2), the United States Section must operate with the objective of attaining consensus decisions in the development and exercise of its single vote within the Commission. A decision of the United States Section must be taken when there is no dissenting vote. (2) A decision of the United States Section about any salmon fishery regime covered by chapter or (except paragraph of chapter) of Annex IV to the Pacific Salmon Treaty of must be taken upon the affirmative vote of the United States Commissioner appointed from the list submitted by the Governor of Alaska under subsection (a). A decision of the United States Section about any salmon fishery regime covered by chapter, (except paragraph 2(b) of chapter), or of the Pacific Salmon Treaty of must be taken upon the affirmative vote of both the United States Commissioner appointed from the list submitted by the Governors of Washington and Oregon under subsection (a) and the United States Commissioner appointed from the list submitted by the treaty Indian tribes of the State of Idaho, Oregon, or Washington under subsection (a). Before a decision of the United States Section is made under this paragraph, the voting Commissioner or Commissioners must consult with the Commissioner who is an official of the United States Government under subsection (a) (3) All decisions and recommendations of the United States Section of the northern, southern, and transboundary Panels must require the concurring vote of a majority of the United States Panel members present and voting, except that decisions and recommendations of the southern Panel must require the concurring vote of the members designated in subsections (c)(2) and (c)(3) and one of those members designated in subsection (c)(4). (4) All decisions and recommendations of the United States Section of the Fraser River Panel must require the concurring vote of all United States Panel members present and voting, except that orders referred to in article VI(6) of the Treaty may be agreed to on the basis of a majority, provided that the Panel members representing the State and Tribal fishery management authorities concur. (5) All decisions and recommendations of any joint Panel must require the concurring votes of each Panel under the voting rules specified in paragraphs (2) and (3). (6) To assist in the resolution of disputes affecting decisions of the United States Section or of the United States Panel sections, a three-person Conciliation Board may be established. The members of the Conciliation Board must be selected by the United States Section as follows: each non-Federal Commissioner must submit a list of no fewer than three qualified nominees; one person must be selected from each list by consensus decision of the Federal Commissioner and the other two non-Federal Commissioners. The Conciliation Board must operate under such bylaws as may be established by the United States Section. (7) In any matter where the Fraser River Panel is unable to act because the United States Fraser River Panel members have been unable to reach a decision under paragraph (3) of this subsection, and upon a determination by the Chairman of the United States Section that an action of the Panel is required, the United States Section must act for the United States Panel members in the Fraser River Panel. (8) In any matter where the Secretary of State determines that the United States is in jeopardy of not fulfilling its international obligations under the Treaty, the Secretary of State must so certify to the United States Section. Such certification must include the reasons for such determination and must specify the date by which a decision by the United States Section is desired. If the United States Section has not reached a decision by the date specified, the Secretary of State, after consultation with the Secretary and the Secretary of the Interior, must report on the matter to the President. (i) Consultation In carrying out their functions under the Treaty, the Commissioners and Panel members may consult with such other interested parties as they consider appropriate. Chapter of title must not apply. The statute also specifies chapter 1 or 2 (except paragraph 4 of chapter 2) of Annex IV to the Pacific Salmon Treaty of 1985. The statute also specifies chapter 4, 5 (except paragraph 2(b) of chapter 5), or 6 of the Pacific Salmon Treaty of 1985. The statute also specifies Chapter 10 of title 5.