Designation of Fishery Management Council Members - Nominations

(2012) ENCLOSURE 1A
GOVERNORS' GUIDANCE
Nomination Criteria and Procedures
Terms for 31council members will expire in 2012. In accordance with the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act) and other related guidance,
Regional Fishery Management Council Governors must nominate at least three individuals for
appointment by the Secretary to each available Council seat. Appointments can be made only
from among timely and complete nomination lists developed by the Governors of the Councils'
constituent states. The Governors submit the lists to the NOAA Assistant Administrator for
Fisheries, who facilitates the appointments on behalf of the Secretary.
A Governor may only nominate candidates who meet the nomination requirements contained in
the Magnuson-Stevens Act (Sec. 302) and other applicable criteria (50 CFR 600.215) referenced
in this package. For guidance in developing nominations, please review the enclosures contained
in this kit, as well as the Nomination Application Kit, which provides specific information about
nominees’ qualifications.
For assistance in compiling nomination lists, please refer to Enclosure 4A. It contains the names
of the Regional Fishery Management Council principal state officials, and if applicable, their
designees. These principal state officials are appointed by the governors as voting members on
the Councils and employed with the states’ resource agencies, and can provide first-hand insight
about Council memberships, as well as fishery management needs of the Councils.
Regional Fishery Management Council Residency Policies
A state resident is an individual who maintains his/her principal residence within that state and, if
applicable, pays income taxes to that state and/or other appropriate jurisdiction within that state.
Obligatory Seats
Obligatory seats are state-specific. Prior to submitting nominations, a Governor must determine
if each of his/her nominees is a resident of that state. Governors may not nominate a
non-resident of that state for appointment to a Council seat obligated to that state. If, at any time
during a term, an appointee changes residency to another state, the member may no longer vote
and must resign from that obligatory seat.
At-Large Seats
At-large seats are regional. Governors may nominate residents of another constituent state of a
Council for appointment to an at large seat on that Council. However, if an at-large Council
member changes residency to a state not represented on the Council on which he/she was a
member, the member may no longer vote and must resign his/her at-large seat.
Timely Submission
To facilitate timely tracking, as required, forward completed nomination letters and nominees’
application kits by express mail, under a single mailing to:
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Assistant Administrator for Fisheries
NOAA’s National Marine Fisheries Service
1315 East-West Highway, Room 14636
Silver Spring, Maryland 20910
Attention: William Chappell
Completed and timely nomination information must be received by the NOAA Assistant
Administrator for Fisheries on or before March 15. The Governor may contact the Office
of Sustainable Fisheries, Regulatory Services Division, at 301-427-8505, or by email at
Council.Appointments@noaa.gov if they have questions regarding the completion of nomination
packages.
Other Procedures and Criteria
Obligatory Seats
If the Governor initially nominates fewer than three qualified candidates for that state's
obligatory seat, the Secretary must delay consideration of the candidates until that Governor
completes his/her list of candidates by submitting the required minimum number of three.
Moreover, that obligatory seat will remain vacant even though three or more candidates' names
have been submitted, until the Governor and at least three of the Governor's nominees complete
all other nomination requirements, and the Secretary has had an appropriate opportunity to make
the selection.
At-Large Seats
At-large seats are regional in nature, and governors may nominate residents of another
constituent state of a Council for appointment to an at-large seat on that Council. No at-large
seat is owned by any particular state.
Nominating Circumstances
Before nominating individuals to the Council, we request governors conduct an initial
background review and consultation with fishing interests as required by the Magnuson-Stevens
Act. We will conduct background investigations on the nominees that are selected to serve on a
Council. An individual’s appointment to the Council will be conditional until that individual’s
background investigation has been favorably adjudicated. Additionally, individuals who are
Federal registered lobbyists will not be appointed as Council members.
Consider your nominations carefully and submit nominees who possess the broadest range of
fisheries knowledge and experiences, and who will contribute effectively toward the
conservation and management goals of the Councils, and to the attainment of “fair and balanced”
apportionments on a Council. Your candidates must recognize their important roles as trustees
and stewards of our Nation's marine fisheries resources. Promotion of self or other narrow
interests that would detract from a member's objectivity and service to the welfare of the living
marine resources of the United States must be avoided. Each nominee also must indicate a
willingness to devote significant personal time and service to Council meetings and related
activities. Newly appointed members will be required to complete a training course typically
scheduled in October.
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Website for Constituent State Governors
NMFS has created a website for the governors to help you in compiling nomination lists for the
annual appointments’ process. This website contains an overview of the Magnuson-Stevens Act
requirements as it pertains to the Council nomination and appointment process and other related
guidance, and the Nomination Application Kit to be completed by your nominees. The
Governor’s letter and the Governor’s Guidance Kit is also available in .PDF format.
http://www.nmfs.noaa.gov/sfa/reg_svcs/Councils/CouncilNomination.htm
Documentation
Governors must nominate at least three individuals, for appointment by the Secretary, to each
available Council seat. Governors may nominate more than three candidates for each seat.
Explain, in your nomination letter, how each nominee, by reason of occupational or other
experience, scientific expertise, or training, is knowledgeable regarding the conservation and
management or the commercial or recreational harvest of the fishery resources of the Council’s
geographical area; provide a list of persons with whom you consulted in the recreational and
commercial communities regarding the nominees; identify your efforts to consider qualified
women and/or minority candidates; and, include a written response if you choose not to submit
at-large nominations. To avoid legal concerns, the nomination letter must be signed by the
Governor.
Ensure that each nominee completes and forwards Parts 1-4 of the Nomination Application Kit.
The governor is responsible for gathering completed nomination information and application kits
from your nominees. Governors should advise nominees to forward their completed application
kits in sufficient time to allow the Governors to process.
Enclosure 3A of the Governors’ Guidance Kit is intended to facilitate final review of the
Governors’ nomination letter and nominees’ completed application kits.
Appointment
A Council member’s appointment is conditional until such time as the member’s background
investigation has been favorably adjudicated. If appointed, Council members must undergo an
extensive background investigation and complete other administrative requirements of the
appointment process. NMFS conducts initial vetting and enforcement checks of nominees in
which most issues that would affect a nominee’s ability to serve are discovered. A past felony
conviction may be disqualifying. Further, the background investigation forms require disclosure
of past criminal history. Failure to report such matters truthfully and fully would be grounds for
an unfavorable background investigation.

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SEC. 302. REGIONAL FISHERY MANAGEMENT COUNCILS 16 U.S.C. 1852
97-453, 101-627, 104-297
(a) ESTABLISHMENT.—
(1) There shall be established, within 120 days after the date of the enactment of this Act,
eight Regional Fishery Management Councils, as follows:
(A) NEW ENGLAND COUNCIL.—The New England Fishery Management Council
shall consist of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and
Connecticut and shall have authority over the fisheries in the Atlantic Ocean seaward of
such States (except as provided in paragraph (3)). The New England Council shall have
17 voting members, including 11 appointed by the Secretary in accordance with
subsection (b)(2) (at least one of whom shall be appointed from each such State).
(B) MID-ATLANTIC COUNCIL.—The Mid-Atlantic Fishery Management Council
shall consist of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland,
Virginia, and North Carolina and shall have authority over the fisheries in the Atlantic
Ocean seaward of such States (except North Carolina, and as provided in paragraph (3)).
The Mid-Atlantic Council shall have 21 voting members, including 13 appointed by the
Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed
from each such State).
(C) SOUTH ATLANTIC COUNCIL.—The South Atlantic Fishery Management
Council shall consist of the States of North Carolina, South Carolina, Georgia, and
Florida and shall have authority over the fisheries in the Atlantic Ocean seaward of such
States (except as provided in paragraph (3)). The South Atlantic 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 such State).
16 U.S.C. 1852
MSA § 302
60
109-479
(D) CARIBBEAN COUNCIL.—The Caribbean Fishery Management Council shall
consist of the Virgin Islands and the Commonwealth of Puerto Rico and shall have
authority over the fisheries in the Caribbean Sea and Atlantic Ocean seaward of such
States and of commonwealths, territories, and possessions of the United States in the
Caribbean Sea (except as provided in paragraph (3)). The Caribbean Council shall have 7
voting members, including 4 appointed by the Secretary in accordance with subsection
(b)(2) (at least one of whom shall be appointed from each such State).
(E) GULF COUNCIL.—The Gulf of Mexico Fishery Management Council shall
consist of the States of Texas, Louisiana, Mississippi, Alabama, and Florida and shall
have authority over the fisheries in the Gulf of Mexico seaward of such States (except as
provided in paragraph (3)). The Gulf Council shall have 17 voting members, including
11 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom
shall be appointed from each such State).
(F) PACIFIC COUNCIL.—The Pacific Fishery Management Council shall consist of
the States of California, Oregon, Washington, and Idaho and shall have authority over the
fisheries in the Pacific Ocean seaward of such States. The Pacific Council shall have 14
voting members, including 8 appointed by the Secretary in accordance with subsection
(b)(2) (at least one of whom shall be appointed from each such State), and including one

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appointed from an Indian tribe with Federally recognized fishing rights from California,
Oregon, Washington, or Idaho in accordance with subsection (b)(5).
(G) NORTH PACIFIC COUNCIL.—The North Pacific Fishery Management Council
shall consist of the States of Alaska, Washington, and Oregon and shall have authority
over the fisheries in the Arctic Ocean, Bering Sea, and Pacific Ocean seaward of Alaska.
The North Pacific Council shall have 11 voting members, including 7 appointed by the
Secretary in accordance with subsection (b)(2) (5 of whom shall be appointed from the
State of Alaska and 2 of whom shall be appointed from the State of Washington).
(H) WESTERN PACIFIC COUNCIL.—The Western Pacific Fishery Management
Council shall consist of the States of Hawaii, American Samoa, Guam, and the Northern
Mariana Islands and shall have authority over the fisheries in the Pacific Ocean seaward
of such States and of the Commonwealths, territories, 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) Each Council shall reflect the expertise and interest of the several constituent States in
the ocean area over which such Council is granted authority.
16 U.S.C. 1852
MSA § 302
61
(3) The Secretary shall have authority over any highly migratory species fishery that is
within the geographical area of authority of more than one of the following Councils: New
England Council, Mid-Atlantic Council, South Atlantic Council, Gulf Council, and
Caribbean Council.
97-453, 99-659, 101-627, 102-582, 104-297
(b) VOTING MEMBERS.—
(1) The voting members of each Council shall be:
(A) The principal State official with marine fishery management responsibility and
expertise in each constituent State, who is designated as such by the Governor of the
State, so long as the official continues to hold such position, or the designee of such
official.
(B) The regional director of the National Marine Fisheries Service for the geographic
area concerned, or his designee, except that if two such directors are within such
geographical area, the Secretary shall designate which of such directors shall be the
voting member.
(C) The members required to be appointed by the Secretary in accordance with
paragraphs (2) and (5).
(2) (A) The members of each Council required to be appointed by the Secretary must be
individuals who, by reason of their occupational or other experience, scientific expertise,
or training, are knowledgeable regarding the conservation and management, or the
commercial or recreational harvest, of the fishery resources of the geographical area
concerned. Within nine months after the date of enactment of the Fishery Conservation
Amendments of 1990, the Secretary shall, by regulation, prescribe criteria for
determining whether an individual satisfies the requirements of this subparagraph.
(B) The Secretary, in making appointments under this section, shall, to the extent

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practicable, ensure a fair and balanced apportionment, on a rotating or other basis, of the
active participants (or their representatives) in the commercial and recreational fisheries
under the jurisdiction of the Council. On January 31, 1991, and each year thereafter, the
Secretary shall submit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Merchant Marine and Fisheries of the House of
Representatives a report on the actions taken by the Secretary to ensure that such fair and
balanced apportionment is achieved. The report shall—
(i) list the fisheries under the jurisdiction of each Council, outlining for each
fishery the type and quantity of fish harvested, fishing and processing methods
employed, the number of participants, the duration and range of the fishery, and other
distinguishing characteristics;
(ii) assess the membership of each Council in terms of the apportionment of the
active participants in each such fishery; and
(iii) state the Secretary's plans and schedule for actions to achieve a fair and
balanced apportionment on the Council for the active participants in any such fishery.
16 U.S.C. 1852
MSA § 302
62
(C) The Secretary shall appoint the members of each Council from a list of individuals
submitted by the Governor of each applicable constituent State. A Governor may not
submit the names of individuals to the Secretary for appointment unless the Governor has
determined that each such individual is qualified under the requirements of subparagraph
(A) and unless the Governor has, to the extent practicable, first consulted with
representatives of the commercial and recreational fishing interests of the State regarding
those individuals. Each such list shall include the names and pertinent biographical data
of not less than three individuals for each applicable vacancy and shall be accompanied
by a statement by the Governor explaining how each such individual meets the
requirements of subparagraph (A). 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 such requirements. If the Secretary determines that any individual is not
qualified, the Secretary 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. An individual is not
eligible for appointment by the Secretary until that individual complies with the
applicable financial disclosure requirements under subsection (k).
109-479
(D)(i) The Governor of a State submitting a list of names of individuals for
appointment by the Secretary of Commerce to the Gulf of Mexico Fisheries
Management Council under subparagraph (C) shall include—
(I) at least 1 nominee each from the commercial, recreational, and charter
fishing sectors; and
(II) at least 1 other individual who is knowledgeable regarding the conservation
and management of fisheries resources in the jurisdiction of the Council.
(ii) Notwithstanding the requirements of subparagraph (C), if the Secretary
determines that the list of names submitted by the Governor does not meet the
requirements of clause (i) the Secretary shall—

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(I) publish a notice in the Federal Register asking the residents of that State to
submit the names and pertinent biographical data of individuals who would meet
the requirement not met for appointment to the Council; and
(II) add the name of any qualified individual submitted by the public who meets
the unmet requirement to the list of names submitted by the Governor.
(iii) For purposes of clause (i) an individual who owns or operates a fish farm
outside of the United States shall not be considered to be a representative of the
commercial or recreational fishing sector.
(iv) The requirements of this subparagraph shall expire at the end of fiscal year
2012.
(E) Whenever the Secretary makes an appointment to a Council, the Secretary 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 Council.
16 U.S.C. 1852
MSA § 302
63
(3) Each voting member appointed to a Council by the Secretary in accordance with
paragraphs (2) and (5) shall serve for a term of 3 years; except that the Secretary may
designate a shorter term if necessary to provide for balanced expiration to terms of office.
No member appointed after January 1, 1986, may serve more than three consecutive terms.
Any term in which an individual was appointed to replace a member who left office during
the term shall not be counted in determining the number of consecutive terms served by that
Council member.
(4) Successors to the voting members of any Council shall be appointed in the same
manner as the original voting members. 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.
109-479
(5) (A) The Secretary shall appoint to the Pacific Council one representative of an Indian
tribe with Federally recognized fishing rights from California, Oregon, Washington, or
Idaho from a list of not less than 3 individuals submitted by the tribal governments. The
Secretary, in consultation with the Secretary of the Interior and tribal governments, shall
establish by regulation the procedure for submitting a list under this subparagraph.
(B) Representation shall be rotated among the tribes taking into consideration—
(i) the qualifications of the individuals on the list referred to in subparagraph (A),
(ii) the various rights of the Indian tribes involved and judicial cases that set forth
how those rights are to be exercised, and
(iii) the geographic area in which the tribe of the representative is located.
(C) A vacancy occurring prior to the expiration of any term shall be filled in the same
manner as set out in subparagraphs (A) and (B), except that the Secretary may use the list
from which the vacating representative was chosen.
(D) The tribal representative appointed under subparagraph (A) may designate as an
alternate, during the period of the representative’s term, an individual knowledgeable
concerning tribal rights, tribal law, and the fishery resources of the geographical area
concerned.
(6) The Secretary may remove for cause any member of a Council required to be

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appointed by the Secretary in accordance with paragraphs (2) or (5) if—
(A) the Council concerned first recommends removal by not less than two-thirds of
the members who are voting members and submits such removal recommendation to the
Secretary in writing together with a statement of the basis for the recommendation; or
(B) the member is found by the Secretary, after notice and an opportunity for a
hearing in accordance with section 554 of title 5, United States Code, to have committed
an act prohibited by section 307(1)(O).
16 U.S.C. 1852
MSA § 302
64
(c) NONVOTING MEMBERS.—
(1) The nonvoting members of each Council shall be:
(A) The regional or area director of the United States Fish and Wildlife Service for the
geographical area concerned, or his designee.
(B) The commander of the Coast Guard district for the geographical area concerned,
or his designee; except that, if two Coast Guard districts are within such geographical
area, the commander designated for such purpose by the commandant of the Coast Guard.
(C) The Executive Director of the Marine Fisheries Commission for the geographical
area concerned, if any, or his designee.
(D) One representative of the Department of State designated for such purpose by the
Secretary of State, or his designee.
(2) The Pacific Council shall have one additional nonvoting member who shall be
appointed by, and serve at the pleasure of, the Governor of Alaska.
96-561, 101-627, 104-297
(d) COMPENSATION AND EXPENSES.—The voting members of each Council who are
required to be appointed by the Secretary and who are not employed by the Federal Government
or any State or local government, shall receive compensation at the daily rate for GS-15, step 7
of the General Schedule, when engaged in the actual performance of duties for such Council.
The voting members of each Council, any nonvoting member described in subsection (c)(1)(C),
and the nonvoting member appointed pursuant to subsection (c)(2) shall be reimbursed for
actual expenses incurred in the performance of such duties, and other nonvoting members and
Council staff members may be reimbursed for actual expenses.

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§ 600.215 Council nomination and appointment procedures.
(a) General. (1) Each year, the 3-year terms for approximately one-third of the appointed members of the Councils
expire. The Secretary of Commerce (Secretary) will appoint or new members or will reappoint seated members to
another term to fill the seats being vacated.
(2) There are two categories of seats to which voting members are appointed: “Obligatory” and “At-large.”
(i) Obligatory seats are state specific. Each constituent state is entitled to one seat on the Council on which it is a
member, except that the State of Alaska is entitled to five seats and the State of Washington is entitled to two seats
on the North Pacific Fishery Management Council. When the term of a state's obligatory member is expiring or when
that seat becomes vacant before the expiration of its term, the governor of that state must submit the names of at
least three qualified individuals to fill that Council seat.
(ii) The Magnuson-Stevens Act also provides for appointment, by the Secretary, of one treaty Indian tribal
representative to the Pacific Fishery Management Council (Pacific Council). To fill that seat, the Secretary solicits
written nominations from the heads of governments of those Indian Tribes with federally recognized fishing rights
from the States of California, Oregon, Washington, or Idaho. The list of nominees must contain a total of at least three
individuals who are knowledgeable and experienced regarding the fishery resources under the authority of the Pacific
Council. The Secretary will appoint one tribal Indian representative from this list to the Pacific Council for a term of 3
years and rotate the appointment among the tribes.
(iii) At-large seats are regional. When the term of an at-large member is expiring or when that seat becomes vacant
before the expiration of a term, the governors of all constituent states of that Council must each submit the names of
at least three qualified individuals to fill the seat.
(b) Responsibilities of State Governors. (1) Council members are selected by the Secretary from lists of nominees
submitted by Governors of the constituent states, pursuant to section 302(b)(2)(C) of the Magnuson-Stevens Act. For
each applicable vacancy, a Governor must submit the names of at least three nominees who meet the qualification
requirements of the Magnuson-Stevens Act. A Governor must provide a statement explaining how each of his/her
nominees meet the qualification requirements, and must also provide appropriate documentation to the Secretary that
each nomination was made in consultation with commercial and recreational fishing interests of that state and that
each nominee is knowledgeable and experienced by reason of his or her occupational or other experience, scientific
expertise, or training in one or more of the following ways related to the fishery resources of the geographical area of
concern to the Council:
(i) Commercial fishing or the processing or marketing of fish, fish products, or fishing equipment;
(ii) Fishing for pleasure, relaxation, or consumption, or experience in any business supporting fishing;
(iii) Leadership in a state, regional, or national organization whose members participate in a fishery in the Council's
area of authority;
(iv) The management and conservation of natural resources, including related interactions with industry, government
bodies, academic institutions, and public agencies. This includes experience serving as a member of a Council,
Advisory Panel, Scientific and Statistical Committee, or Fishing Industry Advisory Committee;
(v) Representing consumers of fish or fish products through participation in local, state, or national organizations, or
performing other activities specifically related to the education or protection of consumers of marine resources; or
(vi) Teaching, journalism, writing, consulting, practicing law, or researching matters related to fisheries, fishery
management, and marine resource conservation.
(2) To assist in identifying qualifications, each nominee must furnish to the appropriate governor's office a current
resume, or equivalent, describing career history—with particular attention to experience related to the criteria in
paragraph (b)(1) of this section. Nominees may provide such information in any format they wish.

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(3) A constituent State Governor must determine the state of residency of each of his/her nominees. A Governor may
not nominate a non-resident of that state for appointment to a Council seat obligated to that state. A Governor may
nominate residents of another constituent state of a Council for appointment to an at large seat on that Council.
(4) If, at any time during a term, a member changes residency to another state that is not a constituent state of that
Council, or a member appointed to an obligatory seat changes residency to any other state, the member may no
longer vote and must resign from the Council. For purposes of this paragraph, a state resident is an individual who
maintains his/her principal residence within that constituent state and who, if applicable, pays income taxes to that
state and/or to another appropriate jurisdiction within that state.
(5) When the terms of both an obligatory member and an at-large member expire concurrently, the Governor of the
state holding the expiring obligatory seat may indicate that the nominees who were not selected for appointment to
the obligatory seat may be considered for appointment to an at-large seat, provided that the resulting total number of
nominees submitted by that governor for the expiring at-large seat is no fewer than three different nominees.
(c) Nominees to the Gulf of Mexico Fishery Management Council. (1) The Governors of States submitting nominees
to the Secretary for appointment to the Gulf of Mexico Fishery Management Council shall include:
(i) At least one nominee each from the commercial, recreational, and charter fishing sectors, except that an individual
who owns or operates a fish farm outside the United States shall not be considered to be a representative of the
commercial or recreational sector; and
(ii) At least one other individual who is knowledgeable regarding the conservation and management of fisheries
resources in the jurisdiction of the Council.
(2) Notwithstanding the requirements of paragraphs (a) and (b) of this section, if the Secretary determines that the list
of names submitted by the Governor does not meet the requirements of paragraph (c)(1) of this section, the
Secretary shall:
(i) Publish a notice in the Federal Register asking the residents of that State to submit the names and pertinent
biographical data of individuals who would meet the requirements of this section that were not met for appointment to
the Council; and
(ii) Add the name of any qualified individual submitted by the public who meets the requirements of this section that
were not met to the list of names submitted by the Governor.
(3) The requirements of this paragraph (c) shall expire at the end of fiscal year 2012, meaning through September 30,
2012.
(d) Responsibilities of eligible tribal Indian governments. The tribal Indian representative on the Pacific Council will be
selected by the Secretary from a list of no fewer than three individuals submitted by the tribal Indian governments
with federally recognized fishing rights from California, Oregon, Washington, and Idaho, pursuant to section 302(b)(5)
of the Magnuson-Stevens Act. To assist in assessing the qualifications of each nominee, each head of an appropriate
tribal Indian government must furnish to the Assistant Administrator a current resume, or equivalent, describing the
nominee's qualifications, with emphasis on knowledge and experience related to the fishery resources affected by
recommendations of the Pacific Council. Prior service on the Pacific Council in a different capacity will not disqualify
nominees proposed by tribal Indian governments.
(e) Nomination deadlines . Nomination packages (governors' letters and completed nomination kits) must be
forwarded by express mail under a single mailing to arrive at the address specified by the Assistant Administrator by
March 15. For appointments outside the normal cycle, the Secretary will provide a deadline for receipt of nominations
to the affected Council and state governors.
(1) Obligatory seats . (i) The Governor of the state for which the term of an obligatory seat is expiring should submit
the names of at least three qualified individuals to fill that seat by the March 15 deadline. The Secretary will appoint to
the Pacific Fishery Management Council a representative of an Indian tribe from a list of no fewer than three
individuals submitted by the tribal Indian governments.

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(ii) If the Governor or tribal Indian governments fail to provide a nomination letter and at least three complete
nomination kits by March 15, the obligatory seat will remain vacant until all required information has been received
and processed and the Secretary has made the appointment.
(2) At-large seats . (i) If a Governor chooses to submit nominations for an at-large seat, he/she must submit lists that
contain at least three qualified nominees for each vacant seat. A nomination letter and a nomination kit for each
qualified nominee must be forwarded by express mail under a single mailing to arrive at the address specified by the
Assistant Administrator by March 15.
(ii) Nomination packages that are not substantially complete by March 15 may be returned to the nominating
Governor. At-large members will be appointed from among the nominations submitted by the governors who
complied with the nomination requirements.
(f) Responsibilities of the Secretary. (1) The Secretary must, to the extent practicable, ensure a fair and balanced
apportionment, on a rotating or other basis, of the active participants (or their representatives) in the commercial and
recreational fisheries in the Council's area of authority. Further, the Secretary must take action to ensure, to the
extent practicable, that those persons dependent for their livelihood upon the fisheries in the Council's area of
authority are fairly represented as voting members on the Councils.
(2) The Secretary will review each list submitted by a governor or the tribal Indian governments to ascertain whether
the individuals on the list are qualified for the vacancy. If the Secretary determines that a nominee is not qualified, the
Secretary will notify the appropriate Governor or tribal Indian government of that determination. The Governor or tribal
Indian government shall then submit a revised list of nominees or resubmit the original list with an additional
explanation of the qualifications of the nominee in question. The Secretary reserves the right to determine whether
nominees are qualified.
(3) The Secretary will select the appointees from lists of qualified nominees provided by the Governors of the
constituent Council states or of the tribal Indian governments that are eligible to nominate candidates for that
vacancy.
(i) For Governor-nominated seats, the Secretary will select an appointee for an obligatory seat from the list of
qualified nominees submitted by the governor of the state. In filling expiring at-large seats, the Secretary will select an
appointee(s) for an at-large seat(s) from the list of all qualified candidates submitted. The Secretary will consider only
complete slates of nominees submitted by the governors of the Council's constituent states. When an appointed
member vacates his/her seat prior to the expiration of his/her term, the Secretary will fill the vacancy for the
remainder of the term by selecting from complete nomination letters and kits that are timely and contain the required
number of candidates.
(ii) For the tribal Indian seat, the Secretary will solicit nominations of individuals for the list referred to in paragraph (c)
of this section only from those Indian tribes with federally recognized fishing rights from California, Oregon,
Washington, or Idaho. The Secretary will consult with the Bureau of Indian Affairs, Department of the Interior, to
determine which Indian tribes may submit nominations. Any vacancy occurring prior to the expiration of any term shall
be filled in the same manner as described in paragraphs (d)(1) and (2) of this section, except that the Secretary may
use the list referred to in paragraph (b)(1) of this section from which the vacating member was chosen. The Secretary
shall rotate the appointment among the tribes, taking into consideration:
(A) The qualifications of the individuals on the list referred to in paragraph (c) of this section.
(B) The various rights of the Indian tribes involved, and judicial cases that set out the manner in which these rights
are to be exercised.
(C) The geographic area in which the tribe of the representative is located.
(D) The limitation that no tribal Indian representative shall serve more than three consecutive terms in the Indian tribal
seat.
[64 FR 4600, Jan. 29, 1999, as amended at 75 FR 59151, Sept. 27, 2010]

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§ 600.220 Oath of office.
As trustees of the nation's fishery resources, all voting members must take an oath specified by the Secretary as
follows: “I, [name of the person taking oath], as a duly appointed member of a Regional Fishery Management Council
established under the Magnuson-Stevens Fishery Conservation and Management Act, hereby promise to conserve
and manage the living marine resources of the United States of America by carrying out the business of the Council
for the greatest overall benefit of the Nation. I recognize my responsibility to serve as a knowledgeable and
experienced trustee of the Nation's marine fisheries resources, being careful to balance competing private or regional
interests, and always aware and protective of the public interest in those resources. I commit myself to uphold the
provisions, standards, and requirements of the Magnuson-Stevens Fishery Conservation and Management Act and
other applicable law, and shall conduct myself at all times according to the rules of conduct prescribed by the
Secretary of Commerce. This oath is given freely and without mental reservation or purpose of evasion.”
[75 FR 59152, Sept. 27, 2010]

§ 600.225 Rules of conduct.
(a) Council members, as Federal office holders, and Council employees are subject to most Federal criminal statutes
covering bribery, conflict-of-interest, disclosure of confidential information, and lobbying with appropriated funds.
(b) The Councils are responsible for maintaining high standards of ethical conduct among themselves, their staffs,
and their advisory groups. In addition to abiding by the applicable Federal conflict of interest statutes, both members
and employees of the Councils must comply with the following standards of conduct:
(1) No employee of a Council may use his or her official authority or influence derived from his or her position with the
Council for the purpose of interfering with or affecting the result of an election to or a nomination for any national,
state, county, or municipal elective office.
(2) Council members, employees, and contractors must comply with the Federal Cost Principles Applicable to
Regional Fishery Management Council Grants and Cooperative Agreements, especially with regard to lobbying, and
other restrictions with regard to lobbying as specified in §600.227 of this part.
(3) No employee of a Council may be deprived of employment, position, work, compensation, or benefit provided for
or made possible by the Magnuson-Stevens Act on account of any political activity or lack of such activity in support
of or in opposition to any candidate or any political party in any national, state, county, or municipal election, or on
account of his or her political affiliation.
(4) No Council member or employee may pay, offer, promise, solicit, or receive from any person, firm, or corporation
a contribution of money or anything of value in consideration of either support or the use of influence or the promise
of support or influence in obtaining for any person any appointive office, place, or employment under the Council.
(5) No employee of a Council may have a direct or indirect financial interest that conflicts with the fair and impartial
conduct of his or her Council duties.
(6) No Council member, employee of a Council, or member of a Council advisory group may use or allow the use, for
other than official purposes, of information obtained through or in connection with his or her Council employment that
has not been made available to the general public.
(7) No Council member or employee of the Council may engage in criminal, infamous, dishonest, notoriously
immoral, or disgraceful conduct.
(8) No Council member or employee of the Council may use Council property on other than official business. Such
property must be protected and preserved from improper or deleterious operation or use.
(9)(i) Except as provided in §600.235(h) or in 18 U.S.C. 208, no Council member may participate personally and
substantially as a member through decision, approval, disapproval, recommendation, the rendering of advice,
investigation, or otherwise, in a particular matter in which the member, the member's spouse, minor child, general

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partner, organization in which the member is serving as officer, director, trustee, general partner, or employee, or any
person or organization with whom the member is negotiating or has any arrangement concerning prospective
employment, has a financial interest. (Note that this financial interest is broader than the one defined in §600.235(a).)
(ii) No Council member may participate personally and substantially as a member through decision, approval,
disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a particular matter primarily of
individual concern, such as a contract, in which he or she has a financial interest, even if the interest has been
disclosed in accordance with §600.235.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 FR 64185, Nov. 19, 1998; 75 FR
59152, Sept. 27, 2010]

§ 600.227 Lobbying.
(a) Council members, employees and contractors must comply with the requirements of 31 U.S.C. 1352 and
Department of Commerce implementing regulations published at 15 CFR part 28, “New Restrictions on Lobbying.”
These provisions generally prohibit the use of Federal funds for lobbying the Executive or Legislative Branches of the
Federal Government in connection with the award. Because the Councils receive in excess of $100,000 in Federal
funding, the regulations mandate that the Councils must complete Form SF-LLL, “Disclosure of Lobbying Activities,”
regarding the use of non Federal funds for lobbying. The Form SF-LLL shall be submitted within 30 days following the
end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the
accuracy of the information contained in any disclosure form previously filed. The recipient must submit the Forms
SF-LLL, including those received from subrecipients, contractors, and subcontractors, to the Grants Officer.
(b) Council members, employees, and contractors must comply with the Federal Cost Principles Applicable to
Regional Fishery Management Council Grants and Cooperative Agreements summarized as follows:
(1) Title 2 CFR part 230 - Cost Principles for Nonprofit Organizations (OMB CircularA–122) is applicable to the
Federal assistance awards issued to the Councils.
(2) The purpose of the cost principles at 2 CFR part 230 is to define what costs can be paid on Federal awards
issued to non-profit organizations. The regulation establishes both general principles and detailed items of costs.
(3) Under 2 CFR part 230, costs for certain lobbying activities are unallowable as charges to Federal awards. These
activities would include any attempts to influence:
(i) The introduction of Federal or state legislation;
(ii) The enactment or modification of any pending legislation by preparing, distributing, or using publicity or
propaganda, or by urging members of the general public to contribute to or to participate in any demonstration,
march, rally, fundraising drive, lobbying campaign, or letter writing or telephone campaign.
(4) Generally, costs associated with providing a technical and factual presentation directly related to the performance
of a grant, through hearing testimony, statements, or letters to Congress or a state legislature are allowable if made in
response to a documented request.
(5) Costs associated with lobbying to influence state legislation in order to reduce the cost or to avoid material
impairment of the organization's authority to perform the grant are also allowable.
[75 FR 59152, Sept. 27, 2010]

§ 600.230 Removal.
The Secretary may remove for cause any Secretarially appointed member of a Council in accordance with section
302(b)(6) of the Magnuson-Stevens Act, wherein the Council concerned first recommends removal of that member by
not less than two-thirds of the voting members. A recommendation of a Council to remove a member must be made
in writing to the Secretary and accompanied by a statement of the reasons upon which the recommendation is based.

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[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]
[63 FR 64185, Nov. 19, 1998, as amended at 75 FR 59152, Sept. 27, 2010]

§ 600.240 Security assurances.
(a) DOC Office of Security will issue security assurances to Council members following completion of favorable
background investigations. A Council member's appointment is conditional until such time as the background
investigation has been favorably adjudicated. The Secretary will revoke the member's appointment if that member
receives an unfavorable background investigation. In instances in which Council members may need to discuss, at
closed meetings, materials classified for national security purposes, the agency or individual (e.g., Department of
State, U.S. Coast Guard) providing such classified information will be responsible for ensuring that Council members
and other attendees have the appropriate security clearances.
(b) Each nominee to a Council is required to complete a Certification of Status form (“form”). All nominees must
certify, pursuant to the Foreign Agents Registration Act of 1938, whether they serve as an agent of a foreign principal.
Each nominee must certify, date, sign, and return the form with his or her completed nomination kit. Nominees will not
be considered for appointment to a Council if they have not filed this form. Any nominee who currently is an agent of
a foreign principal will not be eligible for appointment to a Council, and therefore should not be nominated by a
Governor for appointment.
[61 FR 32540, June 24, 1996, as amended 75 FR 59153, Sept. 27, 2010]

§ 600.245 Council member compensation.
(a) All voting Council members whose eligibility for compensation has been established in accordance with NOAA
guidelines will be paid through the cooperative agreement as a direct line item on a contractual basis without
deductions being made for Social Security or Federal and state income taxes. A report of compensation will be
furnished each year by the member's Council to the proper Regional Program Officer, as required by the Internal
Revenue Service. Such compensation may be paid on a full day's basis, whether in excess of 8 hours a day or less
than 8 hours a day. The time is compensable where the individual member is required to expend a significant private
effort that substantially disrupts the daily routine to the extent that a work day is lost to the member. “Homework” time
in preparation for formal Council meetings is not compensable.
(b) Non-government Council members receive compensation for:
(1) Days spent in actual attendance at a meeting of the Council or jointly with another Council.
(2) Travel on the day preceding or following a scheduled meeting that precluded the member from conducting his
normal business on the day in question.
(3) Meetings of standing committees of the Council if approved in advance by the Chair.
(4) Individual member meeting with scientific and technical advisors, when approved in advance by the Chair and a
substantial portion of any day is spent at the meeting.
(5) Conducting or attending hearings, when authorized in advance by the Chair.
(6) Other meetings involving Council business when approved in advance by the Chair.
(c) The Executive Director of each Council must submit to the appropriate Regional Office annually a report,
approved by the Council Chair, of Council member compensation authorized. This report shall identify, for each
member, amount paid, dates, and location and purpose of meetings attended.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 66 FR 57888, Nov. 19, 2001]

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§ 600.250 Council member training.
(a) The Secretary shall provide a training course covering a variety of topics relevant to matters before the Councils
and shall make the training course available to all Council members and staff and staff from NMFS regional offices
and science centers. To the extent resources allow, the Secretary will make the training available to Council
committee and advisory panel members.
(b) Council members appointed after January 12, 2007, shall, within one year of appointment, complete the training
course developed by the Secretary. Any Council member who completed such a training course within 24 months of
January 12, 2007, is considered to have met the training requirement of this section.

7