The Secretary of Commerce approved the establishment
of the Marine Fisheries Advisory Committee (MAFAC) (the "Committee")
on December 28, 1970. The Committee was initially chartered
under the Federal Advisory Committee Act, 5 U.S.C. App.2,
on February 17,1971, with the General Services Administration's
concurrence, and has been renewed periodically. It has been
determined that the Committee's continuance is in the public
interest in accordance with the duties and the laws imposed
on the Department.
OBJECTIVES AND DUTIES
- The Committee will advise the Secretary of Commerce
(the "Secretary") on all living marine resource
matters that are the responsibility of the Department
- Specifically, the Committee will draw on the expertise
of its members and other appropriate sources, such as
the National Marine Fisheries Service, to evaluate and
recommend priorities and needed changes in national program
direction. Its objective is to ensure that the Nation's
living marine resource policies and programs meet the
needs of commercial and recreational fishermen, and of
environmental, consumer, academic, tribal, governmental
and other national interests.
- The Committee will function solely as an advisory body,
and will comply fully with the Federal Advisory Committee
MEMBERS AND CHAIRPERSON
- The Committee shall consist of at least 15 but not
more than 21 members to be appointed by the Secretary
to assure a geographically, ethnically and gender balanced
representation among commercial and recreational fishermen,
and environmental, consumer, academic, tribal, governmental
and other national interest groups. Criteria for membership
is one or more of the following:
in harvesting, processing, or marketing fish or fish
in promoting fishing for pleasure, relaxation, or consumption.
This may include operating a recreational fishing business.
Recreational fishing experience by itself is not sufficient
as a former or current officer or in a leadership role
in a national, state, or regional organization representing
marine fisheries interests.
in managing and conserving fishery resources or in representing
consumers of fish or fish products through active and
sustained participation in local, state, or national
in teaching, writing, researching, consulting, or adjudicating
matters related to fisheries, fishery management, and
fishery resource conservation.
The members are appointed for 3-year
terms and serve at the discretion of the Secretary. Terms
of appointment are contingent upon the Committee's continuation
and the active participation of the members. An appointment
may be terminated if a member misses two consecutive
meetings, unless excused for good cause by the Chairperson
or the Vice Chair. Members serve until reappointed or
replaced; however, no member may serve more than 2 consecutive
terms. No member may serve on both the Committee and
a regional fishery management council at the same time.
Vacancy appointments may be made for the remainder of
the unexpired term of the vacancy. State officials and
their designees who serve as voting members of a regional
fishery management council may not be appointed as members
of the Committee.
The Chairperson is the Department's
Under Secretary of Commerce for Oceans and Atmosphere.
The Vice Chair is the Department's Assistant Administrator
Notwithstanding the requirements of paragraph
(2) of this section, in order to ensure a smooth transition
and provide for staggered terms of membership, the following
interim membership rules shall apply to those members
whose terms expire in 2002:
a. Those members who
are eligible for reappointment in 2002 may be reappointed
for a single term of four years; and
b. No more than
six of those members who are otherwise ineligible for
reappointment due to having served two consecutive
terms may be reappointed for a single term of two years.
- The Committee will report to the Secretary through
the Under Secretary of Commerce for Oceans and Atmosphere.
- The Designated Federal Officer will be assigned by
the Assistant Administrator for Fisheries.
- The Committee will meet at least twice a year, at the
call of the Chair or Vice Chair.
- The National Marine Fisheries Service, NOAA, will provide
staff support for the Committee.
- The Committee may establish subcommittees or working
groups of its members as necessary, subject to the provision
of the Department of Commerce Committee Management Handbook
(Part Two, Chapter Two, Section F).
- The Committee may establish task forces consisting
of MAFAC members and outside experts as may be necessary,
subject to the provisions of the Department of Commerce
Committee Management Handbook.
- The annual cost of operating the Committee is estimated
at $150,000. This includes one person-year for staff
support plus estimated travel costs for two full committee
meetings and for one subcommittee or special working
group meeting, as necessary.
- Members of the Committee are not compensated for their
services, but will upon request be allowed travel and
per diem expenses as authorized by 5 U.S.C. 5701 et.
This Charter shall terminate two years from
the date of the filing of this charter with the appropriate
U.S. Senate and House of Representatives Oversight Committees
unless earlier terminated or renewed by proper authority.
Original Signed by Otto
Chief Financial Officer and Date
Assistant Secretary for Administration
Dated: March 14, 2002