68 



Proposed Amendment of the 

 Pacific Salmon Treaty Act of 1985 (16 USC 3631) 



to Improve Decision Maldiig Capability of the United States Section 



Cu/rent provision. Section 3(g): 



(g) VOTING REQUIREMENTS.— The United States Section shall operate with the 

 objective of attaining consensus decisions in the development and exercise of its single 

 vote within the Commission. A decision of the United States Section shall be taken 

 when there is no dissenting vote. 



Proposed amended provision: 



(g) VOTING REQUIREMENTS.--The United States Section shall strive to attain 

 consensus in the formulation of positions and in reaching decisions in the development 

 and excrdse of its single vote within the Commission. A decision of the United States 

 Section shall be taken or a position adopted when there is no dissenting vote. In the 

 event the voting members of the United States Section fail to reach consensus in a 

 timely manner and the federal United States Commissioner deems it necessary for the 

 United States Section to reach a decision to meet its international obligations under the 

 Treaty or to adopt a position to further the dehberations of the Pacific Salmon 

 Commission according to appropriate schedules, the following procedures shall apply: 



(1) The federal Commissioner shall notify each of the voting United States 

 Commissioners in writing of the need for a position or decision by the United 

 States Section, and the time by which the position or decision is required. 



(2) Prior to the time when the position or decision is required, the federal 

 Commissioner shaU present a proposed position or decision to the United States 

 SectioiL The position or decision proposed by the federal Commissioner shall be 

 consistent with applicable federal stamtes and United States trust responsibilities 

 and obhgations to United States treaty Indian tribes. 



(3) The position or decision proposed by the federal Commissioner may be 

 modified by the three voting United States Commissioners only to the extent they 

 unanimously agree, or by the federal United States Commissioner who, after having 

 considered the deliberations of the United States Section, deems it appropriate to 

 modify the original proposal or decision to better reflect those deliberations. 



(4) A decision of the United States Section shall be taken, or a position to be 

 advocated by the United States Section reached, when the time period identified in 

 subsection (g)(1) has e^qnred or when the three voting Commissioners have reached 

 unanimous agreement on the federal Commissioner's proposal or a specific 

 alternative. 



Testimony of Gerald I. James, Tribal PSC Commissioner 

 Page 4 of 4 



LR26.^n29M:GUteal 



