---
kind: "section"
citation: "16 U.S.C. § 3632"
title: "16"
title_heading: "Conservation"
number: "3632"
heading: "United States Section"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3632"
units:
  - "Chapter 56A — Pacific Salmon Fishing"
---

# §3632. United States Section

- (a) **Commissioners—** The United States shall be represented on the [Commission](/usc/16/3631.md?p=a) by four United States Commissioners who are knowledgeable or experienced concerning Pacific [salmon](/usc/16/3631.md?p=f), to be appointed by and serve at the pleasure of the President. Of these, one shall be an official of the United States Government who shall be a nonvoting member of the [United States Section](/usc/16/3631.md?p=j); one shall be a resident of the [State](/usc/16/590q.md?p=a) of Alaska and shall be appointed from a list of at least six qualified individuals nominated by the Governor of that [State](/usc/16/590q.md?p=a); one shall be a resident of the [States](/usc/16/544.md?p=r)[^1] of Oregon,[^2] or Washington and shall be appointed from a list of at least six qualified individuals nominated by the Governors of those [States](/usc/16/544.md?p=r); and one shall be appointed from a list of at least six qualified individuals nominated by the [treaty Indian tribes](/usc/16/3631.md?p=i) of the [States](/usc/16/544.md?p=r) of Idaho, Oregon or Washington. Two of the initial appointments shall be for two-year terms; all other appointments shall be for four-year terms. Each Commissioner is eligible for reappointment. Any individual appointed to fill a vacancy occurring prior to the expiration of any term of office shall be appointed for the remainder of that term. Unless otherwise agreed, the chairmanship of the [United States Section](/usc/16/3631.md?p=j) shall 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](/usc/16/3631.md?p=g) and the [Secretary](/usc/16/3631.md?p=g) of the Interior, shall designate an Alternate Commissioner for each Commissioner from the respective lists referred to in [subsection (a)](#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](/usc/16/3631.md?p=a) or of the [United States Section](/usc/16/3631.md?p=j). Alternate Commissioners are eligible for reappointment and may attend all meetings of the [United States Section](/usc/16/3631.md?p=j).
- (c) **Southern Panel—** The United States shall be represented on the southern [Panel](/usc/16/3631.md?p=d) by six [Panel](/usc/16/3631.md?p=d) members, of whom—
  - (1) one shall be an official of the United States Government, with [salmon](/usc/16/3631.md?p=f) fishery management responsibility and expertise;
  - (2) one shall be an official of the [State](/usc/16/590q.md?p=a) of Oregon, with [salmon](/usc/16/3631.md?p=f) fishery management responsibility and expertise;
  - (3) one shall be an official of the [State](/usc/16/590q.md?p=a) of Washington, with [salmon](/usc/16/3631.md?p=f) fishery management responsibility and expertise;
  - (4) two shall be appointed from a list submitted by the [treaty Indian tribes](/usc/16/3631.md?p=i) of individuals with [salmon](/usc/16/3631.md?p=f) fishery management responsibility and expertise; and
  - (5) one shall be appointed from the commercial or recreational sector who is knowledgeable and experienced in the [salmon](/usc/16/3631.md?p=f) fisheries for which the southern [Panel](/usc/16/3631.md?p=d) is responsible.
- (d) **Northern Panel—** The United States shall be represented on the northern [Panel](/usc/16/3631.md?p=d) by six [Panel](/usc/16/3631.md?p=d) members, of whom—
  - (1) one shall be an official of the United States Government, with [salmon](/usc/16/3631.md?p=f) fishery management responsibility and expertise;
  - (2) one shall be an official of the [State](/usc/16/590q.md?p=a) of Alaska, with [salmon](/usc/16/3631.md?p=f) fishery management responsibility and expertise; and
  - (3) four shall be individuals knowledgeable and experienced in the [salmon](/usc/16/3631.md?p=f) fisheries for which the northern [Panel](/usc/16/3631.md?p=d) is responsible.
- (e) **Fraser River Panel—** The United States shall be represented on the Fraser River [Panel](/usc/16/3631.md?p=d) by four [Panel](/usc/16/3631.md?p=d) members, of whom—
  - (1) one shall be an official of the United States Government, with [salmon](/usc/16/3631.md?p=f) fishery management responsibility and expertise;
  - (2) one shall be an official of the [State](/usc/16/590q.md?p=a) of Washington, with [salmon](/usc/16/3631.md?p=f) fishery management responsibility and expertise;
  - (3) one shall be appointed from a list submitted by the [treaty Indian tribes](/usc/16/3631.md?p=i) of individuals with [salmon](/usc/16/3631.md?p=f) fishery management responsibility and expertise for the fisheries for which the Fraser River [Panel](/usc/16/3631.md?p=d) is responsible; and
  - (4) one shall be appointed from the commercial sector of the [salmon](/usc/16/3631.md?p=f) fishing industry concerned with fisheries for which the Fraser River [Panel](/usc/16/3631.md?p=d) is responsible.
- (f) **Transboundary Panel—** The United States shall be represented on the Transboundary [Panel](/usc/16/3631.md?p=d) by seven [panel](/usc/16/3631.md?p=d) members, of whom—
  - (1) one shall be an official of the United States Government, with [salmon](/usc/16/3631.md?p=f) fishery management responsibility and expertise;
  - (2) one shall be an official of the [State](/usc/16/590q.md?p=a) of Alaska, with [salmon](/usc/16/3631.md?p=f) fishery management responsibility and expertise; and
  - (3) five shall be individuals knowledgeable and experienced in the [salmon](/usc/16/3631.md?p=f) fisheries for which the Transboundary [Panel](/usc/16/3631.md?p=d) is responsible.
- (g) **Panel appointments—** [Panel](/usc/16/3631.md?p=d) members described in subsections [(c)(2)](#c-2), [(c)(3)](#c-3), [(d)(2)](#d-2), and [(e)(2)](#e-2) shall be appointed by the Governor of the applicable [State](/usc/16/590q.md?p=a). [Panel](/usc/16/3631.md?p=d) members described in subsections [(c)(4)](#c-4) and [(e)(3)](#e-3) shall be appointed by the [Secretary](/usc/16/3631.md?p=g) of the Interior from lists of nominations provided by the appropriate [treaty Indian tribes](/usc/16/3631.md?p=i). All other [Panel](/usc/16/3631.md?p=d) members shall be appointed by the [Secretary](/usc/16/3631.md?p=g): Provided, That at least one member of the northern [Panel](/usc/16/3631.md?p=d) shall be a voting member of the North Pacific Fishery Management Council, at least one member of the southern [Panel](/usc/16/3631.md?p=d) shall be a voting member of the Pacific Fishery Management Council; and the [Panel](/usc/16/3631.md?p=d) members described in subsections [(c)(5)](#c-5), [(d)(3)](#d-3), and [(e)(4)](#e-4) shall be appointed from lists of nominations provided by the Governors of the applicable [States](/usc/16/544.md?p=r). For the northern, southern, and Fraser River [panels](/usc/16/3631.md?p=d), the appointing authorities listed above may also designate an alternate [Panel](/usc/16/3631.md?p=d) member, meeting the same qualifications and having the same term of office, to service in the absence of a [Panel](/usc/16/3631.md?p=d) member appointed under this subsection. [Panel](/usc/16/3631.md?p=d) members and alternate [Panel](/usc/16/3631.md?p=d) members, other than the southern [Panel](/usc/16/3631.md?p=d) member described in [subsection (c)(5)](#c-5), shall serve four-year terms; except that the Secretary of State shall designate one-half of the initial appointments to each [Panel](/usc/16/3631.md?p=d) as serving two-year terms. The southern [Panel](/usc/16/3631.md?p=d) member described in [subsection (c)(5)](#c-5) and the corresponding alternate shall each be appointed for one-year terms; the first such member shall be appointed from the commercial sector and an alternate shall be appointed from the recreational sector, with the alternate succeeding to the member position in the subsequent year; thereafter the member and alternate positions shall rotate between the commercial and recreational sectors on an annual basis. Any individual appointed to fill a vacancy occurring prior to the expiration of any term of office shall be appointed for the remainder of that term. [Panel](/usc/16/3631.md?p=d) members and alternates shall be eligible for reappointment and may attend all meetings of the relevant United States [Panel](/usc/16/3631.md?p=d) Section.
- (h) **Voting requirements—**
  - (1) Except as provided in [paragraph (2)](#h-2), the [United States Section](/usc/16/3631.md?p=j) shall operate with the objective of attaining consensus decisions in the development and exercise of its single vote within the [Commission](/usc/16/3631.md?p=a). A decision of the [United States Section](/usc/16/3631.md?p=j) shall be taken when there is no dissenting vote.
  - (2) A decision of the [United States Section](/usc/16/3631.md?p=j) with respect to any [salmon](/usc/16/3631.md?p=f) fishery regime covered by chapter [1](/usc/16/chch1.md) or [2](/usc/16/chch2.md) (except paragraph 4 of [chapter 2](/usc/16/chch2.md)) of Annex IV to the Pacific [Salmon](/usc/16/3631.md?p=f) [Treaty](/usc/16/3631.md?p=h) of 1985 shall be taken upon the affirmative vote of the United States Commissioner appointed from the list submitted by the Governor of Alaska pursuant to [subsection (a)](#a). A decision of the [United States Section](/usc/16/3631.md?p=j) with respect to any [salmon](/usc/16/3631.md?p=f) fishery regime covered by chapter [4](/usc/16/chch4.md), [5](/usc/16/chch5.md) (except paragraph 2(b) of [chapter 5](/usc/16/chch5.md)), or 6 of the Pacific [Salmon](/usc/16/3631.md?p=f) [Treaty](/usc/16/3631.md?p=h) of 1985 shall be taken upon the affirmative vote of both the United States Commissioner appointed from the list submitted by the Governors of Washington and Oregon pursuant to [subsection (a)](#a) and the United States Commissioner appointed from the list submitted by the [treaty Indian tribes](/usc/16/3631.md?p=i) of the [State](/usc/16/590q.md?p=a) of Idaho, Oregon, or Washington pursuant to [subsection (a)](#a). Before a decision of the [United States Section](/usc/16/3631.md?p=j) is made under this paragraph, the voting Commissioner or Commissioners shall consult with the Commissioner who is an official of the United States Government under [subsection (a)](#a)[^3]
  - (3) All decisions and recommendations of the [United States Section](/usc/16/3631.md?p=j) of the northern, southern, and transboundary [Panels](/usc/16/3631.md?p=d) shall require the concurring vote of a majority of the United States [Panel](/usc/16/3631.md?p=d) members present and voting, except that decisions and recommendations of the southern [Panel](/usc/16/3631.md?p=d) shall require the concurring vote of the members designated in subsections [(c)(2)](#c-2) and [(c)(3)](#c-3) and one of those members designated in [subsection (c)(4)](#c-4).
  - (4) All decisions and recommendations of the [United States Section](/usc/16/3631.md?p=j) of the Fraser River [Panel](/usc/16/3631.md?p=d) shall require the concurring vote of all United States [Panel](/usc/16/3631.md?p=d) members present and voting, except that orders referred to in article VI(6) of the [Treaty](/usc/16/3631.md?p=h) may be agreed to on the basis of a majority, provided that the [Panel](/usc/16/3631.md?p=d) members representing the [State](/usc/16/590q.md?p=a) and Tribal fishery management authorities concur.
  - (5) All decisions and recommendations of any joint [Panel](/usc/16/3631.md?p=d) shall require the concurring votes of each [Panel](/usc/16/3631.md?p=d) under the voting rules specified in paragraphs [(2)](#h-2) and [(3)](#h-3).
  - (6) To assist in the resolution of disputes affecting decisions of the [United States Section](/usc/16/3631.md?p=j) or of the United States [Panel](/usc/16/3631.md?p=d) sections, a three-[person](/usc/16/3631.md?p=e) Conciliation Board may be established. The members of the Conciliation Board shall be selected by the [United States Section](/usc/16/3631.md?p=j) as follows: each non-Federal Commissioner shall submit a list of no fewer than three qualified nominees; one [person](/usc/16/3631.md?p=e) shall be selected from each list by consensus decision of the Federal Commissioner and the other two non-Federal Commissioners. The Conciliation Board shall operate under such bylaws as may be established by the [United States Section](/usc/16/3631.md?p=j).
  - (7) In any matter where the Fraser River [Panel](/usc/16/3631.md?p=d) is unable to act because the United States Fraser River [Panel](/usc/16/3631.md?p=d) members have been unable to reach a decision in accordance with paragraph (3) of this subsection, and upon a determination by the Chairman of the [United States Section](/usc/16/3631.md?p=j) that an action of the [Panel](/usc/16/3631.md?p=d) is required, the [United States Section](/usc/16/3631.md?p=j) shall act for the United States [Panel](/usc/16/3631.md?p=d) members in the Fraser River [Panel](/usc/16/3631.md?p=d).
  - (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](/usc/16/3631.md?p=h), the Secretary of State shall so certify to the [United States Section](/usc/16/3631.md?p=j). Such certification shall include the reasons for such determination and shall specify the date by which a decision by the [United States Section](/usc/16/3631.md?p=j) is desired. If the [United States Section](/usc/16/3631.md?p=j) has not reached a decision by the date specified, the Secretary of State, after consultation with the [Secretary](/usc/16/3631.md?p=g) and the [Secretary](/usc/16/3631.md?p=g) of the Interior, shall report on the matter to the President.
- (i) **Consultation—** In carrying out their functions under the [Treaty](/usc/16/3631.md?p=h), the Commissioners and [Panel](/usc/16/3631.md?p=d) members may consult with such other interested parties as they consider appropriate. [Chapter 10](/usc/5/chptI/ch10.md) of title 5 shall not apply.

## Footnotes

[^1]: So in original. Probably should be “State”.
[^2]: So in original. The comma probably should not appear.
[^3]: So in original. Probably should be followed by a period.

## Source credit

(Pub. L. 99–5, § 3, Mar. 15, 1985, 99 Stat. 8; Pub. L. 99–5, § 16(c), formerly Pub. L. 106–113, div. B, § 1000(a)(1) [title VI, § 623(c)], Nov. 29, 1999, 113 Stat. 1535, 1501A–59, renumbered Pub. L. 109–479, title III, § 302(d)(1), Jan. 12, 2007, 120 Stat. 3623; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(5)], Dec. 21, 2000, 114 Stat. 2763, 2763A–239; Pub. L. 117–286, § 4(a)(118), Dec. 27, 2022, 136 Stat. 4318.)

## Notes

### Editorial Notes

### Amendments

2022—Subsec. (i). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act”.

2000—Subsec. (f). Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(5)(A)], added subsec. (f). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(5)(B), (C)], redesignated subsec. (f) as (g) and substituted “For the northern, southern, and Fraser River panels, the appointing authorities” for “The appointing authorities”. Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(5)(B)], redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

Subsec. (h)(3). Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(5)(D)], substituted “northern, southern, and transboundary” for “northern and southern”.

Subsec. (i). Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(5)(B)], redesignated subsec. (h) as (i).

1999—Subsec. (g)(1). Pub. L. 99–5, § 16(c)(1), formerly Pub. L. 106–113, § 1000(a)(1) [title II, § 623(c)(1)], as renumbered by Pub. L. 109–479, § 302(d)(1), substituted “Except as provided in paragraph (2), the” for “The”.

Subsec. (g)(2) to (8). Pub. L. 99–5, § 16(c)(2), (3), formerly Pub. L. 106–113, § 1000(a)(1) [title II, § 623(c)(2), (3)], as renumbered by Pub. L. 109–479, § 302(d)(1), added par. (2) and redesignated former pars. (2) to (7) as (3) to (8), respectively.