Page:United States Statutes at Large Volume 96 Part 2.djvu/1122

 96 STAT. 2484

PUBLIC LAW 97-453—JAN. 12, 1983

SEC. 4. NATIONAL STANDARDS.

Section 301(b) (16 U.S.C. 1851(b)) is amended to read as follows: "(b) The Secretary shall establish advisory guidelines (which shall not have the force and effect of law), based on the national standards, to assist in the development of fishery management plans.". X'U

SEC. 5. REGIONAL FISHERY MANAGEMENT COUNCIL ORGANIZATION AND FUNCTIONS.

« Section 302 (16 U.S.C. 1852) is amended as follows: e (1) Subsection (a) is amended— i (A) by striking out "pursuant to subsection (b)(l)(C)" each place it appears therein and inserting in lieu thereof "in ma: accordance with subsection (b)(2)"; and (B) by amending paragraph (8) to read as follows: I

Members, qualifications.

List of applicants.

Announcement of appointment.

"(8) WESTERN PACIFIC COUNCIL.—The Western Pacific Fishery

Management Council shall consist of the States of Hawaii, American Samoa, Guam, and the Northern Mariana Islemds J and shall have authority over the fisheries in the Pacific Ocean seaward of such States and of the Commonwealths, territories, I and possessions of the United States in the Pacific Ocean area. The Western Pacific Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each of the following States: Hawaii, American Samoa, Guam, and the Northern Mariana Islands).". }^ (2) Subsection (b) is amended— « (A) by amending paragraph (I)(C) to read as follows: "(C) The members required to be appointed by the Secretary i in accordance with subsection (b)(2)."; i (B) by redesignating paragraphs (2) and (3) as paragraphs \ (3) and (4), respectively; V (C) by inserting immediately after paragraph (1) the following new paragraph: "(2)(A) The members of each Council required to be appointed by the Secretary must be individuals who are knowledgeable or experienced with regard to the management, conservation, or recreational or commercial harvest of the fishery resources of the geographical area concerned. "(B) The Secretary shall appoint the members of each Council from a list of individuals submitted by the Governor of each applicable constituent State. Each such list shall include the names and pertinent biographical data of not less than three individuals for each applicable vacancy. The Secretary shall review each list submitted by a Governor to ascertain if the individuals on the list are qualified for the vacancy on the basis of the required knowledge or experience required by subparagraph (A). If the Secretary determines that any individual is not qualified, he shall notify the appropriate Governor of that determination. The Governor shall then submit a revised list or resubmit the original list with an additional explanation of the qualifications of the individual in question. "(C) Whenever the Secretary makes an appointment to a Council, he shall make a public announcement of such appointment not less than 45 days before the first day on which the individual is to take office as a member of the CouncH."; (D) by striking out "pursuant to paragraph (I)(C)" in subsection (b)(3) (as redesignated by subparagraph (B)) and

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