Reading Room Document

Personal Tort Liability of Regional Fishery Management Council Members and Staff

The document addresses the issue of whether members of Regional Fishery Management Councils may be personally liable in tort as a result of their official participation in the Councils. The conclusion reached is that the Councils are considered "Federal Agencies" under the Federal Tort Claims Act and are protected by the immunity provided to Federal agencies. The document also presents the question of whether State employees serving as Council members are considered Federal employees for the purposes of the Federal Tort Claims Act. Additionally, the document discusses the distinction between "government agency" and "contractor" and concludes that the traditional distinction does not apply to the Councils, as they are integral parts of a Federal agency.

October 14, 1977