October 1, 2018 — SEAFOOD NEWS — Earlier this month, the State Department announced two new appointments to the three-member U.S. delegation of the Seattle-based International Pacific Halibut Commission. Yesterday, the third new commissioner was announced.
As with the previous announcement, yesterday’s appointment of Chris Oliver, Assistant Administrator for NOAA Fisheries, to replace Dr. Jim Balsiger, regional administrator for NOAA Fisheries in Alaska is being done on a temporary basis until the President’s “duly designated” commissioner is appointed.
In all three cases, it is expected President Trump’s designation will be the same names appointed under ‘alternate’ status. They are: Bob Alverson, executive director of the Fishing Vessel Owners Association; Richard Yamada, president of the Alaska Charter Association and owner of Shelter Lodge; and Chris Oliver. Only Alverson is a reappointment.
“While NOAA awaits the Presidential appointments for the International Pacific Halibut Commission commissioners, Chris Oliver, the Assistant Administrator for NOAA Fisheries, has been appointed by the Department of State as an Alternate Commissioner to the IPHC serving in the Federal Commissioner role,” the announcement read.
Alverson and Yamada were appointed to terms ending January 31, 2019. That is one day before the end of the annual IPHC meeting; presumably the President’s designation will be done for a longer term so the Commissioners can complete the annual meeting. Oliver’s term is through the end of March 2019.
“As Assistant Administrator for NOAA Fisheries, Chris oversees the management and conservation of recreational and commercial fisheries across the United States. He previously served as the Executive Director of the North Pacific Fishery Management Council where he had direct experience working with the Pacific halibut fishery,” read yesterday’s release.
The statement referred to the Northern Pacific Halibut Act of 1982 as the defining legislation in the U.S. that put the Canadian-U.S. Treaty into law.
Below is the section of the law relevant to appointments of Commissioners.
“16 U.S. Code § 773a – International Pacific Halibut Commission
The United States shall be represented on the Commission by three United States Commissioners to be appointed by the President and to serve at his pleasure. The Commissioners shall receive no compensation for their services as Commissioners. Each United States Commissioner shall be appointed for a term of office not to exceed 2 years, but is eligible for reappointment. Any United States Commissioner may be appointed for a term of less than 2 years if such appointment is necessary to ensure that the terms of office of not more than two Commissioners will expire in any 1 year. A vacancy among the United States Commissioners shall be filled by the President in the manner in which the original appointment was made, but any Commissioner appointed to fill a vacancy occurring before the expiration of the term for which the Commissioner’s predecessor was appointed shall be appointed only for the remainder of such term. Of the Commissioners—
(1) one shall be an official of the National Oceanic and Atmospheric Administration; and
(2) two shall be knowledgeable or experienced concerning the Northern Pacific halibut fishery; of these, one shall be a resident of Alaska and the other shall be a nonresident of Alaska. Of the three commissioners described in paragraphs (1) and (2), one shall be a voting member of the North Pacific Fishery Management Council.
(3) Commissioners shall not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in section 8101 et seq. of title 5 and section 2671 et seq. of title 28. This subsection shall take effect on the 90th day after May 17, 1982.
(b) Alternate United States Commissioners
The Secretary of State, in consultation with the Secretary, may designate from time to time alternate United States Commissioners to the commission. An Alternate United States Commissioner may exercise, at any meeting of the Commission, all powers and duties of a United States Commissioner in the absence of a duly designated Commissioner for whatever reason. The number of such alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of authorized United States Commissioners that will not be present.”
This story originally appeared on Seafood News, it is republished here with permission.