
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC4508]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
       CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS
 
Sec. 4508. Commercial Fishing Industry Vessel Advisory Committee

    (a) The Secretary shall establish a Commercial Fishing Industry 
Vessel Advisory Committee. The Committee--
        (1) may advise, consult with, report to, and make 
    recommendations to the Secretary on matters relating to the safe 
    operation of vessels to which this chapter applies, including 
    navigation safety, safety equipment and procedures, marine 
    insurance, vessel design, construction, maintenance and operation, 
    and personnel qualifications and training;
        (2) may review proposed regulations under this chapter;
        (3) may make available to Congress any information, advice, and 
    recommendations that the Committee is authorized to give to the 
    Secretary; and
        (4) shall meet at the call of the Secretary, who shall call such 
    a meeting at least once during each calendar year.

    (b)(1) The Committee shall consist of seventeen members with 
particular expertise, knowledge, and experience regarding the commercial 
fishing industry as follows:
        (A) ten members from the commercial fishing industry who--
            (i) reflect a regional and representational balance; and
            (ii) have experience in the operation of vessels to which 
        this chapter applies or as a crew member or processing line 
        worker on an uninspected fish processing vessel;

        (B) three members from the general public, including, whenever 
    possible, an independent expert or consultant in maritime safety and 
    a member of a national organization composed of persons representing 
    owners of vessels to which this chapter applies and persons 
    representing the marine insurance industry;
        (C) one member representing each of--
            (i) naval architects or marine surveyors;
            (ii) manufacturers of equipment for vessels to which this 
        chapter applies;
            (iii) education or training professionals related to fishing 
        vessel, fish processing vessel, or fish tender vessel safety or 
        personnel qualifications; and
            (iv) underwriters that insure vessels to which this chapter 
        applies.

    (2) At least once each year, the Secretary shall publish a notice in 
the Federal Register and in newspapers of general circulation in coastal 
areas soliciting nominations for membership on the Committee, and, after 
timely notice is published, appoint the members of the Committee. An 
individual may be appointed to a term as a member of the Committee more 
than once. The Secretary may not seek or use information concerning the 
political affiliation of individuals in making appointments to the 
Committee.
    (3)(A) A member of the Committee shall serve a term of three years.
    (B) If a vacancy occurs in the membership of the Committee, the 
Secretary shall appoint a member to fill the remainder of the vacated 
term.
    (4) The Committee shall elect one of its members as the Chairman and 
one of its members as the Vice Chairman. The Vice Chairman shall act as 
Chairman in the absence or incapacity of, or in the event of a vacancy 
in the office of, the Chairman.
    (5) The Secretary shall, and any other interested agency may, 
designate a representative to participate as an observer with the 
Committee. These representatives shall, as appropriate, report to and 
advise the Committee on matters relating to vessels to which this 
chapter applies which are under the jurisdiction of their respective 
agencies. The Secretary's designated representative shall act as 
executive secretary for the Committee and perform the duties set forth 
in section 10(c) of the Federal Advisory Committee Act (5 App. U.S.C.).
    (c)(1) The Secretary shall, whenever practicable, consult with the 
Committee before taking any significant action relating to the safe 
operation of vessels to which this chapter applies.
    (2) The Secretary shall consider the information, advice, and 
recommendations of the Committee in consulting with other agencies and 
the public or in formulating policy regarding the safe operation of 
vessels to which this chapter applies.
    (d)(1) A member of the Committee who is not an officer or employee 
of the United States or a member of the Armed Forces, when attending 
meetings of the Committee or when otherwise engaged in the business of 
the Committee, is entitled to receive--
        (A) compensation at a rate fixed by the Secretary, not exceeding 
    the daily equivalent of the current rate of basic pay in effect for 
    GS-18 of the General Schedule under section 5332 of title 5 
    including travel time; and
        (B) travel or transportation expenses under section 5703 of 
    title 5.

    (2) Payments under this section do not render a member of the 
Committee an officer or employee of the United States or a member of the 
Armed Forces for any purpose.
    (3) A member of the Committee who is an officer or employee of the 
United States or a member of the Armed Forces may not receive additional 
pay based on the member's service to the Committee.
    (4) The provisions of this section relating to an officer or 
employee of the United States or a member of the Armed Forces do not 
apply to a member of a reserve component of the Armed Forces unless that 
member is in an active status.
    (e)(1) The Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) 
applies to the Committee, except that the Committee terminates on 
September 30, 2000.
    (2) Two years prior to the termination date referred to in paragraph 
(1) of this subsection, the Committee shall submit to Congress its 
recommendation regarding whether the Committee should be renewed and 
continued beyond the termination date.

(Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1588; 
amended Pub. L. 101-225, title I, Sec. 106, Dec. 12, 1989, 103 Stat. 
1910; Pub. L. 102-241, Sec. 25, Dec. 19, 1991, 105 Stat. 2217; Pub. L. 
104-324, title III, Sec. 304(b), Oct. 19, 1996, 110 Stat. 3917.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsecs. (b)(5) 
and (e)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, 
which is set out in the Appendix to Title 5, Government Organization and 
Employees.


                               Amendments

    1996--Subsec. (e)(1). Pub. L. 104-324 substituted ``2000'' for 
``1994''.
    1991--Subsec. (e)(1). Pub. L. 102-241 substituted ``1994'' for 
``1992''.
    1989--Subsec. (b)(2). Pub. L. 101-225 inserted provision that 
Secretary not seek or use information concerning political affiliation 
in making appointments.


         References in Other Laws to GS-16, 17, or 18 Pay Rates

    References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.


 Initial Appointments to Commercial Fishing Industry Advisory Committee

    Section 2(b) of Pub. L. 100-424 provided that:
    ``(1) Terms of initial appointments.--Of the members first appointed 
to the Commercial Fishing Industry Advisory Committee under section 4508 
of title 46, United States Code (as amended by this Act)--
        ``(A) one-third of the members shall serve a term of one year 
    and one-third of the members shall serve a term of two years, to be 
    determined by lot at the first meeting of the Committee; and
        ``(B) terms may be adjusted to coincide with the Government's 
    fiscal year.
    ``(2) Completion of initial appointments.--The Secretary shall 
complete appointment of members pursuant to this subsection not later 
than 90 days after the date of the enactment of this Act [Sept. 9, 
1988].''
