I 
109TH CONGRESS 
2D SESSION 
H. R. 5946 
To amend Magnuson-Stevens Fishery Conservation and Management Act 
to authorize activities to promote improved monitoring and compliance 
for high seas fisheries, or fisheries governed by international fishery 
management agreements, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2006 
Mr. POMBO (for himself, Mr. ABERCROMBIE, Mr. YOUNG of Alaska, Mr. 
SAXTON, and Mr. GILCHREST) introduced the following bill; which was 
referred to the Committee on Resources 
A BILL 
To amend Magnuson-Stevens Fishery Conservation and Man-
agement Act to authorize activities to promote improved 
monitoring and compliance for high seas fisheries, or 
fisheries governed by international fishery management 
agreements, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Stevens-Inouye International Fisheries Monitoring and 
Compliance Legacy Act of 2006’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and Manage-
ment Act. 
TITLE I—INTERNATIONAL FISHERIES MONITORING AND 
COMPLIANCE 
Sec. 101. International fisheries monitoring and compliance. 
Sec. 102. Finding with respect to illegal, unreported, and unregulated fishing. 
Sec. 103. Action to end illegal, unreported, or unregulated fishing and reduce 
bycatch of protected marine species. 
Sec. 104. Monitoring of Pacific Insular Area fisheries. 
Sec. 105. Reauthorization of Atlantic Tunas Convention Act. 
Sec. 106. International overfishing and domestic equity. 
Sec. 107. United States catch history. 
Sec. 108. Secretarial representative for international fisheries. 
TITLE II—IMPLEMENTATION OF WESTERN AND CENTRAL 
PACIFIC FISHERIES CONVENTION 
Sec. 201. Short title. 
Sec. 202. Definitions. 
Sec. 203. Appointment of United States Commissioners. 
Sec. 204. Authority and responsibility of the Secretary of State. 
Sec. 205. Rulemaking authority of the Secretary of Commerce. 
Sec. 206. Enforcement. 
Sec. 207. Prohibited acts. 
Sec. 208. Cooperation in carrying out Convention. 
Sec. 209. Territorial participation. 
Sec. 210. Exclusive Economic Zone notification. 
Sec. 211. Authorization of appropriations. 
TITLE III—PACIFIC WHITING 
Sec. 301. Short title. 
Sec. 302. Definitions. 
Sec. 303. United States representation on joint management committee. 
Sec. 304. United States representation on the scientific review group. 
Sec. 305. United States representation on joint technical committee. 
Sec. 306. United States representation on advisory Panel. 
Sec. 307. Responsibilities of the Secretary. 
Sec. 308. Rulemaking. 
Sec. 309. Administrative matters. 
Sec. 310. Enforcement. 
Sec. 311. Authorization of appropriations. 
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SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY 
CONSERVATION AND MANAGEMENT ACT. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Magnuson-Stevens Fish-
ery Conservation and Management Act (16 U.S.C. 1801 
et seq.). 
TITLE I—INTERNATIONAL FISH-
ERIES 
MONITORING 
AND 
COMPLIANCE 
SEC. 101. INTERNATIONAL FISHERIES MONITORING AND 
COMPLIANCE. 
(a) IN GENERAL.—Title II (16 U.S.C. 1821 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 207. INTERNATIONAL FISHERIES MONITORING AND 
COMPLIANCE. 
‘‘(a) IN GENERAL.—The Secretary may undertake 
activities to promote improved monitoring and compliance 
for high seas fisheries, or fisheries governed by inter-
national fishery management agreements, and to imple-
ment the requirements of this title. 
‘‘(b) SPECIFIC AUTHORITIES.—In carrying out sub-
section (a), the Secretary may— 
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‘‘(1) share information on harvesting and proc-
essing capacity and illegal, unreported and unregu-
lated fishing on the high seas, in areas covered by 
international fishery management agreements, and 
by vessels of other nations within the United States 
exclusive economic zone, with relevant law enforce-
ment organizations of foreign nations and relevant 
international organizations; 
‘‘(2) further develop real time information shar-
ing capabilities, particularly on harvesting and proc-
essing capacity and illegal, unreported and unregu-
lated fishing; 
‘‘(3) participate in global and regional efforts to 
build an international network for monitoring, con-
trol, and surveillance of high seas fishing and fishing 
under regional or global agreements; 
‘‘(4) support efforts to create an international 
registry or database of fishing vessels, including by 
building on or enhancing registries developed by 
international fishery management organizations; 
‘‘(5) enhance enforcement capabilities through 
the application of commercial or governmental re-
mote sensing technology to locate or identify vessels 
engaged in illegal, unreported, or unregulated fish-
ing on the high seas, including encroachments into 
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the exclusive economic zone by fishing vessels of 
other nations; 
‘‘(6) provide technical or other assistance to de-
veloping countries to improve their monitoring, con-
trol, and surveillance capabilities; and 
‘‘(7) support coordinated international efforts 
to ensure that all large-scale fishing vessels oper-
ating on the high seas are required by their flag 
State to be fitted with vessel monitoring systems no 
later than December 31, 2008, or earlier if so de-
cided by the relevant flag State or any relevant 
international fishery management organization.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in the first section is amended by inserting after the item 
relating to section 206 the following: 
‘‘Sec. 207. International fisheries monitoring and compliance.’’. 
SEC. 102. FINDING WITH RESPECT TO ILLEGAL, UNRE-
PORTED, AND UNREGULATED FISHING. 
Section 2(a) (16 U.S.C. 1801(a)) is further amended 
by adding at the end the following: 
‘‘(11) International cooperation is necessary to 
address illegal, unreported, and unregulated fishing 
and other fishing practices which may harm the sus-
tainability of living marine resources and disadvan-
tage the United States fishing industry.’’. 
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SEC. 103. ACTION TO END ILLEGAL, UNREPORTED, OR UN-
REGULATED FISHING AND REDUCE BYCATCH 
OF PROTECTED MARINE SPECIES. 
(a) IN GENERAL.—Title VI of the High Seas Driftnet 
Fishing Moratorium Protection Act (16 U.S.C. 1826d et 
seq.), is amended by adding at the end the following: 
‘‘SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLI-
ANCE. 
‘‘The Secretary, in consultation with the Secretary of 
State, shall provide to Congress, by not later than 2 years 
after the date of enactment of the Magnuson-Stevens 
Fishery Conservation and Management Reauthorization 
Act of 2006, and every 2 years thereafter, a report that 
includes— 
‘‘(1) the state of knowledge on the status of 
international living marine resources shared by the 
United States or subject to treaties or agreements to 
which the United States is a party, including a list 
of all such fish stocks classified as overfished, over-
exploited, depleted, endangered, or threatened with 
extinction by any international or other authority 
charged with management or conservation of living 
marine resources; 
‘‘(2) a list of nations whose vessels have been 
identified under sections 609(a) or 610(a), including 
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the specific offending activities and any subsequent 
actions taken pursuant to section 609 or 610; 
‘‘(3) a description of efforts taken by nations on 
those lists to take appropriate corrective action con-
sistent with sections 609 and 610, and an evaluation 
of the progress of those efforts, including steps 
taken by the United States to implement those sec-
tions and to improve international compliance; 
‘‘(4) progress at the international level, con-
sistent with section 608, to strengthen the efforts of 
international fishery management organizations to 
end illegal, unreported, or unregulated fishing; and 
‘‘(5) steps taken by the Secretary at the inter-
national level to seek adoption of international meas-
ures comparable to those of the United States to re-
duce impacts of fishing and other practices on pro-
tected living marine resources, if no international 
agreement to achieve such goal exists, or if the rel-
evant international fishery or conservation organiza-
tion has failed to implement effective measures to 
end or reduce the adverse impacts of fishing prac-
tices on such species. 
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‘‘SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISH-
ERY MANAGEMENT ORGANIZATIONS. 
‘‘The Secretary, in consultation with the Secretary of 
State, and in cooperation with relevant fishery manage-
ment councils and any relevant advisory committees, shall 
take actions to improve the effectiveness of international 
fishery management organizations in conserving and man-
aging fish stocks under their jurisdiction. These actions 
shall include— 
‘‘(1) urging international fishery management 
organizations to which the United States is a mem-
ber— 
‘‘(A) to incorporate multilateral market-re-
lated measures against member or nonmember 
governments whose vessels engage in illegal, un-
reported, or unregulated fishing; 
‘‘(B) to seek adoption of lists that identify 
fishing vessels and vessel owners engaged in il-
legal, unreported, or unregulated fishing that 
can be shared among all members and other 
international fishery management organizations; 
‘‘(C) to seek international adoption of a 
centralized vessel monitoring system in order to 
monitor and document capacity in fleets of all 
nations involved in fishing in areas under the 
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an international fishery management organiza-
tion’s jurisdiction; 
‘‘(D) to increase use of observers and tech-
nologies needed to monitor compliance with con-
servation and management measures estab-
lished by the organization, including vessel 
monitoring systems and automatic identification 
systems; and 
‘‘(E) to seek adoption of stronger port 
state controls in all nations, particularly those 
nations in whose ports vessels engaged in ille-
gal, unreported, or unregulated fishing land or 
transship fish; 
‘‘(2) urging international fishery management 
organizations to which the United States is a mem-
ber, as well as all members of those organizations, 
to adopt and expand the use of market-related meas-
ures to combat illegal, unreported, or unregulated 
fishing, including— 
‘‘(A) import prohibitions, landing restric-
tions, or other market-based measures needed 
to enforce compliance with international fishery 
management organization measures, such as 
quotas and catch limits; 
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‘‘(B) import restrictions or other market- 
based measures to prevent the trade or impor-
tation of fish caught by vessels identified multi-
laterally as engaging in illegal, unreported, or 
unregulated fishing; and 
‘‘(C) catch documentation and certification 
schemes to improve tracking and identification 
of catch of vessels engaged in illegal, unre-
ported, or unregulated fishing, including ad-
vance transmission of catch documents to ports 
of entry; and 
‘‘(3) urging other nations at the appropriate bi-
lateral, regional, and international levels to take all 
steps necessary, consistent with international law, to 
adopt measures and policies that will prevent fish or 
other living marine resources harvested by vessels 
engaged in illegal, unreported, or unregulated fish-
ing from being traded or imported into their nation 
or territories. 
‘‘SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED 
FISHING. 
‘‘(a) IDENTIFICATION.—The Secretary shall identify, 
and list in the report under section 607, a nation if fishing 
vessels of that nation are engaged, or have been engaged 
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at any point during the preceding two years in illegal, un-
reported, or unregulated fishing; and— 
‘‘(1) the relevant international fishery manage-
ment organization has failed to implement effective 
measures to end the illegal unreported, or unregu-
lated fishing activity by vessels of that nation or the 
nation is not a party to, or does not maintain co-
operating status with, such organization; or 
‘‘(2) where no international fishery manage-
ment organization exists with a mandate to regulate 
the fishing activity in question. 
‘‘(b) NOTIFICATION.—An identification under sub-
section (a) or section 610(a) is deemed to be an identifica-
tion under section 101(b)(1)(A) of the High Seas Driftnet 
Fisheries Enforcement Act (16 U.S.C. 1826a(b)(1)(A)), 
and the Secretary shall notify the President and that na-
tion of such identification. 
‘‘(c) CONSULTATION.—No later than 60 days after 
submitting a report to Congress under section 607, the 
Secretary, acting through the Secretary of State, shall— 
‘‘(1) notify nations listed in the report of the 
requirements of this section; 
‘‘(2) initiate consultations for the purpose of 
encouraging such nations to take the appropriate 
corrective action with respect to the offending activi-
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ties of their fishing vessels identified in the report; 
and 
‘‘(3) notify any relevant international fishery 
management organization of the actions taken by 
the United States under this section. 
‘‘(d) IUU CERTIFICATION PROCEDURE.— 
‘‘(1) CERTIFICATION.—The Secretary shall es-
tablish a procedure, consistent with the provisions of 
subchapter II of chapter 5 of title 5, United States 
Code, and including notice and an opportunity for 
comment by the governments of any nation listed by 
the Secretary under subsection (a), for determining 
if that government has taken appropriate corrective 
action with respect to the offending activities of its 
fishing vessels identified in the report under section 
607. The Secretary shall determine, on the basis of 
the procedure, and certify to the Congress no later 
than 90 days after the date on which the Secretary 
promulgates a final rule containing the procedure, 
and biennially thereafter in the report under section 
607— 
‘‘(A) whether the government of each na-
tion identified under subsection (b) has pro-
vided documentary evidence that it has taken 
corrective action with respect to the offending 
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activities of its fishing vessels identified in the 
report; or 
‘‘(B) whether the relevant international 
fishery management organization has imple-
mented measures that are effective in ending 
the illegal, unreported, or unregulated fishing 
activity by vessels of that nation. 
‘‘(2) ALTERNATIVE
PROCEDURE.—The Sec-
retary may establish a procedure for certification, on 
a shipment-by-shipment, shipper-by-shipper, or other 
basis of fish or fish products from a vessel of a har-
vesting nation not certified under paragraph (1) if 
the Secretary determines that— 
‘‘(A) the vessel has not engaged in illegal, 
unreported, or unregulated fishing under an 
international fishery management agreement to 
which the United States is a party; or 
‘‘(B) the vessel is not identified by an 
international fishery management organization 
as participating in illegal, unreported, or un-
regulated fishing activities. 
‘‘(3) EFFECT OF CERTIFICATION.—The provi-
sions of section 101(a) and section 101(b)(3) and 
(4) of this Act (16 U.S.C. 1826a(a), (b)(3), and 
(b)(4)) (except to the extent that such provisions 
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apply to sport fishing equipment or fish or products 
thereof not managed under the relevant inter-
national fishery agreement (or, where there is no 
such agreement, not caught by the vessels engaged 
in illegal, unreported, or unregulated fishing)) shall 
apply to any nation identified under subsection (a) 
that has not been certified by the Secretary under 
this subsection, or for which the Secretary has 
issued a negative certification under this subsection, 
but shall not apply to any nation identified under 
subsection (a) for which the Secretary has issued a 
positive certification under this subsection. 
‘‘(e) ILLEGAL, UNREPORTED, OR UNREGULATED 
FISHING DEFINED.— 
‘‘(1) IN GENERAL.—In this Act the term ‘ille-
gal, unreported, or unregulated fishing’ has the 
meaning established under paragraph (2). 
‘‘(2) SECRETARY
TO
DEFINE
TERM
WITHIN 
LEGISLATIVE GUIDELINES.—Within 3 months after 
the date of enactment of the Magnuson-Stevens 
Fishery Conservation and Management Reauthoriza-
tion Act of 2006, the Secretary shall publish a defi-
nition of the term ‘illegal, unreported, or unregu-
lated fishing’ for purposes of this Act. 
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‘‘(3) GUIDELINES.—The Secretary shall include 
in the definition, at a minimum— 
‘‘(A) fishing activities that violate con-
servation and management measures required 
under an international fishery management 
agreement to which the United States is a 
party, including catch limits or quotas, capacity 
restrictions, and bycatch reduction require-
ments; 
‘‘(B) overfishing of fish stocks shared by 
the United States, for which there are no appli-
cable international conservation or management 
measures or in areas with no applicable inter-
national fishery management organization or 
agreement, that has adverse impacts on such 
stocks; and 
‘‘(C) fishing activity that has adverse im-
pacts on seamounts, hydrothermal vents, and 
cold water corals located beyond national juris-
diction, for which there are no applicable con-
servation or management measures or in areas 
with no applicable international fishery manage-
ment organization or agreement. 
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‘‘SEC. 610. EQUIVALENT CONSERVATION MEASURES. 
‘‘(a) IDENTIFICATION.—The Secretary shall identify, 
and list in the report under section 607, a nation if— 
‘‘(1) fishing vessels of that nation are engaged, 
or have been engaged during the preceding calendar 
year, in fishing activities or practices— 
‘‘(A) beyond the exclusive economic zone of 
any nation that result in bycatch of a protected 
living marine resource; or 
‘‘(B) beyond the exclusive economic zone of 
the United States that result in bycatch of a 
protected living marine resource shared by the 
United States; 
‘‘(2) the relevant international organization for 
the conservation and protection of such resources or 
the relevant international or regional fishery organi-
zation has failed to implement effective measures to 
end or reduce such bycatch, or the nation is not a 
party to, or does not maintain cooperating status 
with, such organization; and 
‘‘(3) the nation has not adopted a regulatory 
program governing such fishing practices designed 
to end or reduce such bycatch that is comparable to 
that of the United States, taking into account dif-
ferent conditions. 
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‘‘(b) CONSULTATION AND NEGOTIATION.—The Sec-
retary, acting through the Secretary of State, shall— 
‘‘(1) notify, as soon as possible, other nations 
whose vessels engage in fishing activities or practices 
described in subsection (a), about the provisions of 
this section and this Act; 
‘‘(2) initiate discussions as soon as possible 
with all foreign governments which are engaged in, 
or which have persons or companies engaged in, 
fishing activities or practices described in subsection 
(a), for the purpose of entering into bilateral and 
multilateral treaties with such countries to protect 
such species; 
‘‘(3) seek agreements calling for international 
restrictions on fishing activities or practices de-
scribed in subsection (a) through the United Na-
tions, the Food and Agriculture Organization’s Com-
mittee on Fisheries, and appropriate international 
fishery management bodies; and 
‘‘(4) initiate the amendment of any existing 
international treaty for the protection and conserva-
tion of such species to which the United States is a 
party in order to make such treaty consistent with 
the purposes and policies of this section. 
‘‘(c) CONSERVATION CERTIFICATION PROCEDURE.— 
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‘‘(1) CERTIFICATION.—The Secretary shall de-
termine, on the basis of a procedure consistent with 
the provisions of subchapter II of chapter 5 of title 
5, United States Code, and including notice and an 
opportunity for comment by the governments of any 
nation identified by the Secretary under subsection 
(a). The Secretary shall certify to the Congress by 
January 31, 2007, and biennially thereafter whether 
the government of each harvesting nation— 
‘‘(A) has provided documentary evidence of 
the adoption of a regulatory program governing 
the conservation of the protected living marine 
resource that is comparable to that of the 
United States, taking into account different 
conditions, and which, in the case of pelagic 
longline fishing, includes mandatory use of cir-
cle hooks, careful handling and release equip-
ment, and training and observer programs; and 
‘‘(B) has established a management plan 
containing requirements that will assist in gath-
ering species-specific data to support inter-
national stock assessments and conservation en-
forcement efforts for protected living marine re-
sources. 
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