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equipment, and facilities of other Federal depart-
ments and agencies in— 
(A) the administration and enforcement of 
this title; and 
(B) the conduct of scientific, research, and 
other programs under this title; 
(3) conduct fishing operations and biological ex-
periments for purposes of scientific investigation or 
other purposes necessary to implement the WCPFC 
Convention; 
(4) collect, utilize, and disclose such informa-
tion as may be necessary to implement the WCPFC 
Convention, subject to sections 552 and 552a of title 
5, United States Code, and section 402(b) of the 
Magnuson-Stevens Fishery Conservation and Man-
agement Act (16 U.S.C. 1881a(b)); 
(5) if recommended by the United States Com-
missioners or proposed by a Council with authority 
over the relevant fishery, assess and collect fees, not 
to exceed three percent of the ex-vessel value of fish 
harvested by vessels of the United States in fisheries 
managed pursuant to this title, to recover the actual 
costs to the United States of management and en-
forcement under this title, which shall be deposited 
as an offsetting collection in, and credited to, the ac-
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count providing appropriations to carry out the func-
tions of the Secretary under this title; and 
(6) issue permits to owners and operators of 
United States vessels to fish in the convention area 
seaward of the United States Exclusive Economic 
Zone, under such terms and conditions as the Sec-
retary may prescribe, and shall remain valid for a 
period to be determined by the Secretary. 
(b) CONSISTENCY WITH OTHER LAWS.—The Sec-
retary shall ensure the consistency, to the extent prac-
ticable, of fishery management programs administered 
under this Act, the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1801 et seq.), the 
Tuna Conventions Act (16 U.S.C. 951 et seq.), the South 
Pacific Tuna Act (16 U.S.C. 973 et seq.), section 401 of 
Public Law 108–219 (16 U.S.C. 1821 note) (relating to 
Pacific albacore tuna), and the Atlantic Tunas Convention 
Act (16 U.S.C. 971). 
(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 ju-
risdiction, 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 
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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 provisions of that Act 
were incorporated into and made a part of this title. 
(d) CONFIDENTIALITY.— 
(1) IN GENERAL.—Any information submitted 
to the Secretary in compliance with any requirement 
under this Act shall be confidential and shall not be 
disclosed, except— 
(A) to Federal employees who are respon-
sible for administering, implementing, and en-
forcing this Act; 
(B) to the Commission, in accordance with 
requirements in the Convention and decisions of 
the Commission, and, insofar as possible, in ac-
cordance with an agreement with the Commis-
sion that prevents public disclosure of the iden-
tity or business of any person; 
(C) to State or Marine Fisheries Commis-
sion employees pursuant to an agreement with 
the Secretary that prevents public disclosure of 
the identity or business or any person; 
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(D) when required by court order; or 
(E) when the Secretary has obtained writ-
ten authorization from the person submitting 
such information to release such information to 
persons for reasons not otherwise provided for 
in this subsection, and such release does not 
violate other requirements of this Act. 
(2) USE
OF
INFORMATION.—The Secretary 
shall, by regulation, prescribe such procedures as 
may be necessary to preserve the confidentiality of 
information submitted in compliance with any re-
quirement or regulation under this Act, except that 
the Secretary may release or make public any such 
information in any aggregate or summary form that 
does not directly or indirectly disclose the identity or 
business of any person. Nothing in this subsection 
shall be interpreted or construed to prevent the use 
for conservation and management purposes by the 
Secretary of any information submitted in compli-
ance with any requirement or regulation under this 
Act. 
SEC. 207. PROHIBITED ACTS. 
(a) IN GENERAL.—It is unlawful for any person— 
(1) to violate any provision of this title or any 
regulation or permit issued pursuant to this title; 
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(2) to use any fishing vessel to engage in fish-
ing after the revocation, or during the period of sus-
pension, or an applicable permit issued pursuant to 
this title; 
(3) to refuse to permit any officer authorized to 
enforce the provisions of this title to board a fishing 
vessel subject to such person’s control for the pur-
poses of conducting any search, investigation, or in-
spection in connection with the enforcement of this 
title or any regulation, permit, or the Convention; 
(4) to forcibly assault, resist, oppose, impede, 
intimidate, or interfere with any such authorized of-
ficer in the conduct of any search, investigations, or 
inspection in connection with the enforcement of this 
title or any regulation, permit, or the Convention; 
(5) to resist a lawful arrest for any act prohib-
ited by this title; 
(6) to ship, transport, offer for sale, sell, pur-
chase, import, export, or have custody, control, or 
possession of, any fish taken or retained in violation 
of this title or any regulation, permit, or agreement 
referred to in paragraph (1) or (2); 
(7) to interfere with, delay, or prevent, by any 
means, the apprehension or arrest of another person, 
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knowing that such other person has committed any 
chapter prohibited by this section; 
(8) to knowingly and willfully submit to the 
Secretary false information (including false informa-
tion regarding the capacity and extent to which a 
United States fish processor, on an annual basis, 
will process a portion of the optimum yield of a fish-
ery that will be harvested by fishery vessels of the 
United States), regarding any matter that the Sec-
retary is considering in the course of carrying out 
this title; 
(9) to forcibly assault, resist, oppose, impede, 
intimidate, sexually harass, bribe, or interfere with 
any observer one a vessel under this title, or any 
data collector employed by the National Marine 
Fisheries Service or under contract to any person to 
carry out responsibilities under this title; 
(10) to engage in fishing in violation of any 
regulation adopted pursuant to section 206(a) of 
this title; 
(11) to ship, transport, purchase, sell, offer for 
sale, import, export, or have in custody, possession, 
or control any fish taken or retained in violation of 
such regulations; 
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(12) to fail to make, keep, or furnish any catch 
returns, statistical records, or other reports as are 
required by regulations adopted pursuant to this 
title to be made, kept, or furnished; 
(13) to fail to stop a vessel upon being hailed 
and instructed to stop by a duly authorized official 
of the United States; 
(14) to import, in violation of any regulation 
adopted pursuant to section 206(a) of this title, any 
fish in any form of those species subject to regula-
tion pursuant to a recommendation, resolution, or 
decision of the Commission, or any tuna in any form 
not under regulation but under investigation by the 
Commission, during the period such fish have been 
denied entry in accordance with the provisions of 
section 206(a) of this title. 
(b) ENTRY CERTIFICATION.—In the case of any fish 
described in subsection (a) offered for entry into the 
United States, the Secretary of Commerce shall require 
proof satisfactory to the Secretary that such fish is not 
ineligible for such entry under the terms of section 206(a) 
of this title. 
SEC. 208. COOPERATION IN CARRYING OUT CONVENTION. 
(a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI-
TUTIONS AND ORGANIZATIONS.—The Secretary of Com-
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merce may cooperate with agencies of the United States 
government, any public or private institutions or organiza-
tions within the United States or abroad, and, through 
the Secretary of State, the duly authorized officials of the 
government of any party to the WCPFC Convention, in 
carrying out responsibilities under this title. 
(b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES 
AND PERSONNEL.—All Federal agencies are authorized, 
upon the request of the Secretary of Commerce, to cooper-
ate in the conduct of scientific and other programs and 
to furnish facilities and personnel for the purpose of as-
sisting the Commission in carrying out its duties under 
the WCPFC Convention. 
(c) SANCTIONED FISHING OPERATIONS AND FISH-
ERIES EXPERIMENTS.—Nothing in this title, or in the 
laws or regulations of any State, prevents the Secretary 
or the Commission from— 
(1) conducting or authorizing the conduct of 
fishing operations and fisheries experiments at any 
time for purposes of scientific investigation; or 
(2) discharging any other duties prescribed by 
the WCPFC Convention. 
(d) STATE JURISDICTION NOT AFFECTED.—Except 
as provided in subsection (e) of this section, nothing in 
this title shall be construed to diminish or to increase the 
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jurisdiction of any State in the territorial sea of the 
United States. 
(e) APPLICATION OF REGULATIONS.— 
(1) IN
GENERAL.—regulations promulgated 
under section 206(a) of this title shall apply within 
the boundaries of any State bordering on the Con-
vention area if the Secretary has provided notice to 
such State, the State does not request an agency 
hearing, and the Secretary determines that the 
State— 
(A) has not, within a reasonable period of 
time after the promulgation of regulations pur-
suant to this title, enacted laws or promulgated 
regulations that implement the recommenda-
tions of the Commission within the boundaries 
of such State; or 
(B) has enacted laws or promulgated regu-
lations that implement the recommendations of 
the commission within the boundaries of such 
State that— 
(i) are less restrictive that the regula-
tions promulgated under section 206(a) of 
this title; or 
(ii) are not effectively enforced. 
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(2) DETERMINATION BY SECRETARY.—The reg-
ulations promulgated pursuant to section 206(a) of 
this title shall apply until the Secretary determines 
that the State is effectively enforcing within its 
boundaries measures that are not less restrictive 
than the regulations promulgated under section 
206(a) of this title. 
(3) HEARING.—If a State requests a formal 
agency hearing, the Secretary shall not apply the 
regulations promulgated pursuant section 206(a) of 
this title within that State’s boundaries unless the 
hearing record supports a determination under para-
graph (1)(A) or (B). 
(f) REVIEW OF STATE LAWS AND REGULATIONS.— 
To ensure that the purposes of subsection (e) are carried 
out, the Secretary of Commerce shall undertake a con-
tinuing review of the laws and regulations of all States 
to which subsection (e) applies or may apply and the ex-
tent to which such laws and regulations are enforced. 
SEC. 209. TERRITORIAL PARTICIPATION. 
The Secretary of State shall ensure participation in 
the Commission and its subsidiary bodies by American 
Samoa, Guam, and the Northern Mariana Islands to the 
same extent provided to the territories of other nations. 
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SEC. 210. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 
Masters of commercial fishing vessels of nations fish-
ing for species under the management authority of the 
Western and Central Pacific Fisheries Convention that do 
not carry vessel monitoring systems capable of commu-
nicating with United States enforcement authorities shall, 
prior to, or as soon as reasonably possible after, entering 
and transiting the Exclusive Economic Zone seaward of 
Hawaii and of the Commonwealths, territories, and pos-
sessions of the United States in the Pacific Ocean area— 
(1) notify the Coast Guard or the National Ma-
rine Fisheries Service Office of Law Enforcement in 
the appropriate region of the name, flag state, loca-
tion, route, and destination of the vessel and of the 
circumstances under which it will enter United 
States waters; 
(2) ensure that all fishing gear on board the 
vessel is stowed below deck or otherwise removed 
from the place where it is normally used for fishing 
and placed where it is not readily available for fish-
ing; and 
(3) if requested by an enforcement officer, pro-
ceed to a specified location so that a vessel inspec-
tion can be conducted. 
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