H. R. 5946—71
SEC. 603. UNITED STATES REPRESENTATION ON JOINT MANAGEMENT 
COMMITTEE. 
(a) REPRESENTATIVES.—
(1) IN GENERAL.—The Secretary, in consultation with the 
Secretary of State, shall appoint 4 individuals to represent 
the United States as the United States Section on the joint 
management committee. In making the appointments, the Sec-
retary shall select representatives from among individuals who 
are knowledgeable or experienced concerning the offshore 
whiting resource. Of these—
(A) 1 shall be an official of the National Oceanic and 
Atmospheric Administration; 
(B) 1 shall be a member of the Pacific Fishery Manage-
ment Council, appointed with consideration given to any 
recommendation provided by that Council; 
(C) 1 shall be appointed from a list submitted by the 
treaty Indian tribes with treaty fishing rights to the off-
shore whiting resource; and 
(D) 1 shall be appointed from the commercial sector 
of the whiting fishing industry concerned with the offshore 
whiting resource. 
(2) TERM OF OFFICE.—Each representative appointed under 
paragraph (1) shall be appointed for a term not to exceed 
4 years, except that, of the initial appointments, 2 representa-
tives shall be appointed for terms of 2 years. Any individual 
appointed to fill a vacancy occurring prior to the expiration 
of the term of office of that individual’s predecessor shall be 
appointed for the remainder of that term. A representative 
may be appointed for a term of less than 4 years if such 
term is necessary to ensure that the term of office of not 
more than 2 representatives will expire in any single year. 
An individual appointed to serve as a representative is eligible 
for reappointment. 
(3) CHAIR.—Unless otherwise agreed by all of the 4 rep-
resentatives, the chair shall rotate annually among the 4 mem-
bers, with the order of rotation determined by lot at the first 
meeting. 
(b) ALTERNATE REPRESENTATIVES.—The Secretary, in consulta-
tion with the Secretary of State, may designate alternate represent-
atives of the United States to serve on the joint management 
committee. An alternative representative may exercise, at any 
meeting of the committee, all the powers and duties of a representa-
tive in the absence of a duly designated representative for whatever 
reason. 
SEC. 604. UNITED STATES REPRESENTATION ON THE SCIENTIFIC 
REVIEW GROUP. 
(a) IN GENERAL.—The Secretary, in consultation with the Sec-
retary of State, shall appoint no more than 2 scientific experts 
to serve on the scientific review group. An individual shall not 
be eligible to serve on the scientific review group while serving 
on the joint technical committee. 
(b) TERM.—An individual appointed under subsection (a) shall 
be appointed for a term of not to exceed 4 years, but shall be 
eligible for reappointment. An individual appointed to fill a vacancy
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occurring prior to the expiration of a term of office of that individ-
ual’s predecessor shall be appointed to serve for the remainder 
of that term. 
(c) JOINT APPOINTMENTS.—In addition to individuals appointed 
under subsection (a), the Secretary, jointly with the Government 
of Canada, may appoint to the scientific review group, from a 
list of names provided by the advisory panel—
(1) up to 2 independent members of the scientific review 
group; and 
(2) 2 public advisors. 
SEC. 605. UNITED STATES REPRESENTATION ON JOINT TECHNICAL 
COMMITTEE. 
(a) SCIENTIFIC EXPERTS.—
(1) IN GENERAL.—The Secretary, in consultation with the 
Secretary of State, shall appoint at least 6 but not more than 
12 individuals to serve as scientific experts on the joint tech-
nical committee, at least 1 of whom shall be an official of 
the National Oceanic and Atmospheric Administration. 
(2) TERM OF OFFICE.—An individual appointed under para-
graph (1) shall be appointed for a term of not to exceed 4 
years, but shall be eligible for reappointment. An individual 
appointed to fill a vacancy occurring prior to the expiration 
of the term of office of that individual’s predecessor shall be 
appointed for the remainder of that term. 
(b) 
INDEPENDENT
MEMBER.—In 
addition 
to 
individuals 
appointed under subsection (a), the Secretary, jointly with the 
Government of Canada, shall appoint 1 independent member to 
the joint technical committee selected from a list of names provided 
by the advisory panel. 
SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY PANEL. 
(a) IN GENERAL.—
(1) APPOINTMENT.—The Secretary, in consultation with the 
Secretary of State, shall appoint at least 6 but not more than 
12 individuals to serve as members of the advisory panel, 
selected from among individuals who are—
(A) knowledgeable or experienced in the harvesting, 
processing, marketing, management, conservation, or 
research of the offshore whiting resource; and 
(B) not employees of the United States. 
(2) TERM OF OFFICE.—An individual appointed under para-
graph (1) shall be appointed for a term of not to exceed 4 
years, but shall be eligible for reappointment. An individual 
appointed to fill a vacancy occurring prior to the expiration 
of the term of office of that individual’s predecessor shall be 
appointed for the remainder of that term. 
SEC. 607. RESPONSIBILITIES OF THE SECRETARY. 
(a) IN GENERAL.—The Secretary is responsible for carrying 
out the Agreement and this title, including the authority, to be 
exercised in consultation with the Secretary of State, to accept 
or reject, on behalf of the United States, recommendations made 
by the joint management committee. 
(b) REGULATIONS; COOPERATION WITH CANADIAN OFFICIALS.—
In exercising responsibilities under this title, the Secretary—
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(1) may promulgate such regulations as may be necessary 
to carry out the purposes and objectives of the Agreement 
and this title; and 
(2) with the concurrence of the Secretary of State, may 
cooperate with officials of the Canadian Government duly 
authorized to carry out the Agreement. 
SEC. 608. RULEMAKING. 
(a) APPLICATION WITH MAGNUSON-STEVENS ACT.—The Sec-
retary shall establish the United States catch level for Pacific 
whiting according to the standards and procedures of the Agreement 
and this title rather than under the standards and procedures 
of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.), except to the extent necessary to 
address the rebuilding needs of other species. Except for estab-
lishing the catch level, all other aspects of Pacific whiting manage-
ment shall be—
(1) subject to the Magnuson-Stevens Fishery Conservation 
and Management Act; and 
(2) consistent with this title. 
(b) JOINT MANAGEMENT COMMITTEE RECOMMENDATIONS.—For 
any year in which both parties to the Agreement approve rec-
ommendations made by the joint management committee with 
respect to the catch level, the Secretary shall implement the 
approved recommendations. Any regulation promulgated by the 
Secretary to implement any such recommendation shall apply, as 
necessary, to all persons and all vessels subject to the jurisdiction 
of the United States wherever located. 
(c) YEARS WITH NO APPROVED CATCH RECOMMENDATIONS.—
If the parties to the Agreement do not approve the joint manage-
ment committee’s recommendation with respect to the catch level 
for any year, the Secretary shall establish the total allowable catch 
for Pacific whiting for the United States catch. In establishing 
the total allowable catch under this subsection, the Secretary shall—
(1) take into account any recommendations from the Pacific 
Fishery Management Council, the joint management com-
mittee, the joint technical committee, the scientific review 
group, and the advisory panel; 
(2) base the total allowable catch on the best scientific 
information available; 
(3) use the default harvest rate set out in paragraph 1 
of Article III of the Agreement unless the Secretary determines 
that the scientific evidence demonstrates that a different rate 
is necessary to sustain the offshore whiting resource; and 
(4) establish the United State’s share of the total allowable 
catch based on paragraph 2 of Article III of the Agreement 
and make any adjustments necessary under section 5 of Article 
II of the Agreement. 
SEC. 609. ADMINISTRATIVE MATTERS. 
(a) EMPLOYMENT STATUS.—Individuals appointed under section 
603, 604, 605, or 606 of this title who are serving as such Commis-
sioners, other than officers or employees of the United States 
Government, shall be considered to be Federal employees while 
performing such service, only for purposes of—
(1) injury compensation under chapter 81 of title 5, United 
States Code;
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(2) requirements concerning ethics, conflicts of interest, 
and corruption as provided under title 18, United States Code; 
and 
(3) any other criminal or civil statute or regulation gov-
erning the conduct of Federal employees. 
(b) COMPENSATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), an 
individual appointed under this title shall receive no compensa-
tion for the individual’s service as a representative, alternate 
representative, scientific expert, or advisory panel member 
under this title. 
(2) SCIENTIFIC REVIEW GROUP.—Notwithstanding paragraph 
(1), the Secretary may employ and fix the compensation of 
an individual appointed under section 604(a) to serve as a 
scientific expert on the scientific review group who is not 
employed by the United States Government, a State govern-
ment, or an Indian tribal government in accordance with section 
3109 of title 5, United States Code. 
(c) TRAVEL EXPENSES.—Except as provided in subsection (d), 
the Secretary shall pay the necessary travel expenses of individuals 
appointed under this title in accordance with the Federal Travel 
Regulations and sections 5701, 5702, 5704 through 5708, and 5731 
of title 5, United States Code. 
(d) JOINT APPOINTEES.—With respect to the 2 independent 
members of the scientific review group and the 2 public advisors 
to the scientific review group jointly appointed under section 604(c), 
and the 1 independent member to the joint technical committee 
jointly appointed under section 605(b), the Secretary may pay up 
to 50 percent of—
(1) any compensation paid to such individuals; and 
(2) the necessary travel expenses of such individuals. 
SEC. 610. ENFORCEMENT. 
(a) IN GENERAL.—The Secretary may—
(1) administer and enforce this title and any regulations 
issued under this title; 
(2) request and utilize on a reimbursed or non-reimbursed 
basis the assistance, services, personnel, equipment, and facili-
ties of other Federal departments and agencies in the adminis-
tration and enforcement of this title; and 
(3) collect, utilize, and disclose such information as may 
be necessary to implement the Agreement and this title, subject 
to sections 552 and 552a of title 5, United States Code. 
(b) PROHIBITED ACTS.—It is unlawful for any person to violate 
any provision of this title or the regulations promulgated under 
this title. 
(c) ACTIONS BY THE SECRETARY.—The Secretary shall prevent 
any person from violating this title in the same manner, by the 
same means, and with the same jurisdiction, powers, and duties 
as though all applicable terms and provisions of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 
1857) were incorporated into and made a part of this title. Any 
person that violates any provision of this title is subject to the 
penalties and entitled to the privileges and immunities provided 
in the Magnuson-Stevens Fishery Conservation and Management 
Act in the same manner, by the same means, and with the same 
jurisdiction, power, and duties as though all applicable terms and