---
kind: "section"
citation: "16 U.S.C. § 7702"
title: "16"
title_heading: "Conservation"
number: "7702"
heading: "United States participation in the North Pacific Fisheries Convention"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/7702"
units:
  - "Chapter 96 — North Pacific Fisheries Convention"
---

# §7702. United States participation in the North Pacific Fisheries Convention

- (a) **United States Commissioners—**
  - (1) **Number of Commissioners—** The United States shall be represented on the [Commission](/usc/16/7701.md?p=1) by five United States [Commissioners](/usc/16/7701.md?p=2).
  - (2) **Selection of commissioners—** The [Commissioners](/usc/16/7701.md?p=2) shall be as follows:
    - (A) **Appointment by the President—**
      - (i) **In general—** Two of the [Commissioners](/usc/16/7701.md?p=2) shall be appointed by the President and shall be an officer or employee of—
        - (I) the Department of Commerce;
        - (II) the Department of State; or
        - (III) the Coast Guard.
      - (ii) **Selection criteria—** In making each appointment under [clause (i)](#a-2-A-i), the President shall select a [Commissioner](/usc/16/7701.md?p=2) from among individuals who are knowledgeable or experienced concerning [fisheries resources](/usc/16/7701.md?p=6-A) in the North Pacific Ocean.
    - (B) **North Pacific Fishery Management Council—** One [Commissioner](/usc/16/7701.md?p=2) shall be the chairman of the North Pacific Fishery Management [Council](/usc/16/7701.md?p=4) or a designee of such chairman.
    - (C) **Pacific Fishery Management Council—** One [Commissioner](/usc/16/7701.md?p=2) shall be the chairman of the Pacific Fishery Management [Council](/usc/16/7701.md?p=4) or a designee of such chairperson.
    - (D) **Western Pacific Fishery Management Council—** One [Commissioner](/usc/16/7701.md?p=2) shall be the chairman of the Western Pacific Fishery Management [Council](/usc/16/7701.md?p=4) or a designee of such chairperson.
- (b) **Alternate Commissioners—** In the event of a vacancy in a position as a [Commissioner](/usc/16/7701.md?p=2) appointed under [subsection (a)](#a), the Secretary of State, in consultation with the [Secretary](/usc/16/7701.md?p=12), may designate from time to time and for periods of time considered appropriate an alternate [Commissioner](/usc/16/7701.md?p=2) to the [Commission](/usc/16/7701.md?p=1). An alternate [Commissioner](/usc/16/7701.md?p=2) may exercise all powers and duties of a [Commissioner](/usc/16/7701.md?p=2) in the absence of a [Commissioner](/usc/16/7701.md?p=2) appointed under [subsection (a)](#a), and shall serve the remainder of the term of the absent [Commissioner](/usc/16/7701.md?p=2) for which designated.
- (c) **Administrative matters—**
  - (1) **Employment status—** An individual serving as a [Commissioner](/usc/16/7701.md?p=2), or an alternative [Commissioner](/usc/16/7701.md?p=2), 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 of title 28.
  - (2) **Compensation—** An individual serving as a [Commissioner](/usc/16/7701.md?p=2) or an alternate [Commissioner](/usc/16/7701.md?p=2), although an officer of the United States while so serving, shall receive no compensation for the individual’s services as such [Commissioner](/usc/16/7701.md?p=2) or alternate [Commissioner](/usc/16/7701.md?p=2).
  - (3) **Travel expenses—**
    - (A) **In general—** The Secretary of State shall pay the necessary travel expenses of a [Commissioner](/usc/16/7701.md?p=2) or an alternate [Commissioner](/usc/16/7701.md?p=2) in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5.
    - (B) **Reimbursement—** The [Secretary](/usc/16/7701.md?p=12) 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 11 members appointed by the [Secretary](/usc/16/7701.md?p=12) as follows:
      - (i) A member engaging in commercial [fishing activities](/usc/16/7701.md?p=7-A) in the management [area](/usc/16/539m–1.md?p=1-A) of the North Pacific Fishery Management [Council](/usc/16/7701.md?p=4).
      - (ii) A member engaging in commercial [fishing activities](/usc/16/7701.md?p=7-A) in the management [area](/usc/16/539m–1.md?p=1-A) of the Pacific Fishery Management [Council](/usc/16/7701.md?p=4).
      - (iii) A member engaging in commercial [fishing activities](/usc/16/7701.md?p=7-A) in the management [area](/usc/16/539m–1.md?p=1-A) of the Western Pacific Fishery Management [Council](/usc/16/7701.md?p=4).
      - (iv) Three members from the indigenous population of the North Pacific, including an [Alaska Native](/usc/16/3102.md?p=16), [Native](/usc/16/3102.md?p=16) Hawaiian, or a [native](/usc/16/3102.md?p=16)-born inhabitant of any [State](/usc/16/7701.md?p=13) of the United States in the Pacific, and an individual from a Pacific Coast tribe.
      - (v) A member that is a marine fisheries scientist that is a resident of a [State](/usc/16/7701.md?p=13) the adjacent [exclusive economic zone](/usc/16/7701.md?p=5) for which is bounded by the [Convention Area](/usc/16/7701.md?p=3).
      - (vi) A member nominated by the Governor of the [State](/usc/16/7701.md?p=13) of Alaska.
      - (vii) A member nominated by the Governor of the [State](/usc/16/7701.md?p=13) of Hawaii.
      - (viii) A member nominated by the Governor of the [State](/usc/16/7701.md?p=13) of Washington.
      - (ix) A member nominated by the Governor of the [State](/usc/16/7701.md?p=13) of California.
    - (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/16/7701.md?p=2) shall notify the [Advisory Committee](/usc/16/698u–1.md?p=1) in advance of each meeting of the [Commissioners](/usc/16/7701.md?p=2). The [Advisory Committee](/usc/16/698u–1.md?p=1) shall attend each meeting and shall examine and be heard on all proposed programs, investigations, reports, recommendations, and regulations of the [Commissioners](/usc/16/7701.md?p=2).
    - (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 [North Pacific Fisheries Convention](/usc/16/7701.md?p=10), and the Magnuson-Stevens Fishery Conservation 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/16/7701.md?p=12) and the Secretary of State shall furnish the [Advisory Committee](/usc/16/698u–1.md?p=1) with relevant information concerning [fisheries resources](/usc/16/7701.md?p=6-A) and international fishery agreements.
  - (2) **Administrative matters—**
    - (A) **Support services—** The [Secretary](/usc/16/7701.md?p=12) 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—** 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 of title 28.
    - (C) **Travel expenses—**
      - (i) **In general—** The Secretary of State may pay the necessary travel expenses of members of the [Advisory Committee](/usc/16/698u–1.md?p=1) in carrying out the duties of the [Advisory Committee](/usc/16/698u–1.md?p=1) in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5.
      - (ii) **Reimbursement—** The [Secretary](/usc/16/7701.md?p=12) may reimburse the Secretary of State for amounts expended by the Secretary of State under this subparagraph.

## Footnotes

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

## Source credit

(Pub. L. 114–327, title I, § 102, Dec. 16, 2016, 130 Stat. 1976.)

## 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.