(b) HIGHLY MIGRATORY SPECIES TAGGING RE-
SEARCH.—Section 304(g)(2) (16 U.S.C. 1854(g)(2)) is 
amended by striking ‘‘(16 U.S.C. 971d)’’ and inserting 
‘‘(16 U.S.C. 971d), or highly migratory species harvested 
in a commercial fishery managed by a Council under this 
Act or the Western and Central Pacific Fisheries Conven-
tion Implementation Act,’’. 
SEC. 107. UNITED STATES CATCH HISTORY. 
In establishing catch allocations under international 
fisheries agreements, the Secretary of Commerce, in con-
sultation with the Secretary of the Department in which 
the Coast Guard is operating, and the Secretary of State, 
shall ensure that all catch history in a fishery associated 
with a vessel of the United States remains with the United 
States in that fishery, and is not transferred or credited 
to any other nation or vessel of such nation, including 
when a vessel of the United States is sold or transferred 
to a citizen of another nation or to an entity controlled 
by citizens of another nation. 
SEC. 108. SECRETARIAL REPRESENTATIVE FOR INTER-
NATIONAL FISHERIES. 
(a) IN GENERAL.—The Secretary of Commerce, in 
consultation with the Under Secretary of Commerce for 
Oceans and Atmosphere, shall designate a Senate-con-
firmed, senior official within the National Oceanic and At-
mospheric Administration to perform the duties of the 
Secretary with respect to international agreements involv-
ing fisheries and other living marine resources, including 
policy development and representation as a U.S. Commis-
sioner, under any such international agreements. 
(b) ADVICE.—The designated official shall, in con-
sultation with the Deputy Assistant Secretary for Inter-
national Affairs and the Administrator of the National 
Marine Fisheries Service, advise the Secretary, Undersec-
retary of Commerce for Oceans and Atmosphere, and 
other senior officials of the Department of Commerce and 
the National Oceanic and Atmospheric Administration on 
development of policy on international fisheries conserva-
tion and management matters. 
(c) CONSULTATION.—The designated official shall 
consult with the Senate Committee on Commerce, Science, 
and Transportation and the House Committee on Re-
sources on matters pertaining to any regional or inter-
national negotiation concerning living marine resources, 
including shellfish, including before initialing any agree-
ment concerning living marine resources or attending any 
official meeting at which management measures will be 
discussed, and shall otherwise keep the committees in-
formed throughout the negotiation process.
(d) DELEGATION.—The designated official may dele-
gate and authorize successive re-delegation of such func-
tions, powers, and duties to such officers and employees 
of the National Oceanic and Atmospheric Administration 
as deemed necessary to discharge the responsibility of the 
Office. 
TITLE II—IMPLEMENTATION OF 
WESTERN AND CENTRAL PA-
CIFIC 
FISHERIES 
CONVEN-
TION 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Western and Central 
Pacific Fisheries Convention Implementation Act’’. 
SEC. 202. DEFINITIONS. 
In this title: 
(1) 1982 CONVENTION.—The term ‘‘1982 Con-
vention’’ means the United Nations Convention on 
the Law of the Sea of 10 December 1982. 
(2) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means the Agreement for the Implementation of the 
Provisions of the United Nations Convention on the 
Law of the Sea of 10 December 1982 relating to the 
Conservation and Management of Straddling Fish 
Stocks and Highly Migratory Fish Stocks.
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Commission for the Conservation and 
Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean established in 
accordance with this Convention. 
(4) CONVENTION AREA.—The term ‘‘convention 
area’’ means all waters of the Pacific Ocean bounded 
to the south and to the east by the following line: 
From the south coast of Australia due south 
along the 141th meridian of east longitude to its 
intersection with the 55th parallel of south latitude; 
thence due east along the 55th parallel of south lati-
tude to its intersection with the 150th meridian of 
east longitude; thence due south along the 150th 
meridian of east longitude to its intersection with 
the 60th parallel of south latitude; thence due east 
along the 60th parallel of south latitude to its inter-
section with the 130th meridian of west longitude; 
thence due north along the 130th meridian of west 
longitude to its intersection with the 4th parallel of 
south latitude; thence due west along the 4th par-
allel of south latitude to its intersection with the 
150th meridian of west longitude; thence due north 
along the 150th meridian of west longitude.
(5) EXCLUSIVE
ECONOMIC
ZONE.—The term 
‘‘exclusive economic zone’’ means the zone estab-
lished by Presidential Proclamation Numbered 5030 
of March 10, 1983. 
(6) FISHING.—The term ‘‘fishing’’ means: 
(A) searching for, catching, taking, or har-
vesting fish. 
(B) attempting to search for, catch, take, 
or harvest fish. 
(C) engaging in any other activity which 
can reasonably be expected to result in the lo-
cating, catching, taking, or harvesting of fish 
for any purpose. 
(D) placing, searching for, or recovering 
fish aggregating devices or associated electronic 
equipment such as radio beacons. 
(E) any operations at sea directly in sup-
port of, or in preparation for, any activity de-
scribed in subparagraphs (A) through (D), in-
cluding transshipment. 
(F) use of any other vessel, vehicle, air-
craft, or hovercraft, for any activity described 
in subparagraphs (A) through (E) except for 
emergencies involving the health and safety of 
the crew or the safety of a vessel.
(7) FISHING VESSEL.—The term ‘‘fishing ves-
sel’’ means any vessel used or intended for use for 
the purpose of fishing, including support ships, car-
rier vessels, and any other vessel directly involved in 
such fishing operations. 
(8) HIGHLY
MIGRATORY
FISH
STOCKS.—The 
term ‘‘highly migratory fish stocks’’ means all fish 
stocks of the species listed in Annex 1 of the 1982 
Convention occurring in the Convention Area, and 
such other species of fish as the Commission may 
determine. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(10) STATE.—The term ‘‘State’’ means each of 
the several States of the United States, the District 
of Columbia, the Commonwealth of the Northern 
Mariana Islands, American Samoa, Guam, and any 
other commonwealth, territory, or possession of the 
United States. 
(11) 
TRANSHIPMENT.—The 
term 
‘‘trans-
shipment’’ means the unloading of all or any of the 
fish on board a fishing vessel to another fishing ves-
sel either at sea or in port. 
(12) WCPCF CONVENTION; WESTERN
AND 
CENTRAL
PACIFIC
CONVENTION.—The 
terms
‘‘WCPCF Convention’’ and ‘‘Western and Central 
Pacific Convention’’ means the Convention on the 
Conservation and Management of the Highly Migra-
tory Fish Stocks in the Western and Central Pacific 
Ocean, with Annexes, which was adopted at Hono-
lulu, Hawaii, on September 5, 2000, by the Multilat-
eral High Level Conference on the Highly Migratory 
Fish Stocks in the Western and Central Pacific 
Ocean. 
SEC. 203. APPOINTMENT OF UNITED STATES COMMIS-
SIONERS. 
(a) IN GENERAL.—The United States shall be rep-
resented on the Commission by 5 United States Commis-
sioners. The President shall appoint individuals to serve 
on the Commission at the pleasure of the President. In 
making the appointments, the President shall select Com-
missioners from among individuals who are knowledgeable 
or experienced concerning highly migratory fish stocks in 
the Western and Central Pacific Ocean, one of whom shall 
be an officer or employee of the Department of Commerce, 
and one of whom shall be a member of either the Pacific 
Fishery Management Council or Western Pacific Fishery 
Management Council. Each appointment shall coordinate 
with the other Council to ensure that the jurisdictional 
concerns of both Councils are addressed. The Commis-
sioners shall be entitled to adopt such rules of procedures 
as they find necessary and to select a chairman from 
among members who are officers or employees of the 
United States Government. 
(b) ALTERNATE COMMISSIONERS.—The Secretary of 
State, in consultation with the Secretary, may designate 
from time to time and for periods of time deemed appro-
priate Alternate United States Commissioners to the Com-
mission. Any Alternate United States Commissioner may 
exercise at any meeting of the Commission, Council, any 
Panel, or the advisory committee established pursuant to 
subsection (d), all powers and duties of a United States 
Commissioner in the absence of any Commissioner ap-
pointed pursuant to subsection (a) of this section for what-
ever reason. The number of such Alternate United States 
Commissioners that may be designated for any such meet-
ing shall be limited to the number of United States Com-
missioners appointed pursuant to subsection (a) of this 
section who will not be present at such meeting. 
(c) ADMINISTRATIVE MATTERS.—
(1) EMPLOYMENT STATUS.—Individuals serving 
as such Commissioners, other than officers or em-
ployees of the United States Government, shall be 
considered to be Federal employees while performing 
such service, only for purposes of—
(A) injury compensation under chapter 81 
of title 5, United States Code; 
(B) tort claims liability as provided under 
chapter 171 of title 28 United States Code; 
(C) requirements concerning ethics, con-
flicts of interest, and corruption as provided 
under title 18, United States Code; and 
(D) any other criminal or civil statute or 
regulation governing the conduct of Federal em-
ployees. 
(2) COMPENSATION.—The United States Com-
missioners or Alternate Commissioners, although of-
ficers of the United States while so serving, shall re-
ceive no compensation for their services as such 
Commissioners or Alternate Commissioners. 
(3) TRAVEL EXPENSES.—
(A) The Secretary of State shall pay the 
necessary travel expenses of United States 
Commissioners and Alternate United States 
Commissioners in accordance with the Federal 
Travel Regulations and sections 5701, 5702, 
5704 through 5708, and 5731 of title 5, United 
States Code. 
(B) The Secretary of Commerce may reim-
burse the Secretary of State for amounts ex-
pended by the Secretary of State under this 
subsection. 
(d) ADVISORY COMMITTEES.—
(1) ESTABLISHMENT OF PERMANENT ADVISORY 
COMMITTEE.—
(A) MEMBERSHIP.—There is established 
an advisory committee that shall be composed 
of—
(i) not less than 15 nor more than 20 
individuals appointed by the United States 
Commissioners appointed under section 
203, who shall select such individuals from 
the various groups concerned with the fish-
eries covered by the WCPFC Convention, 
providing, to the maximum extent prac-
ticable, an equitable balance among such 
groups; 
(ii) the chairs of the Pacific Fishery 
Management Council and the Western Pa-
cific Fishery Management Council’s fishing 
industry Advisory Committees or such a 
chair’s designee; and 
(iii) officials of the fisheries manage-
ment authorities of American Samoa,
Guam, and the Northern Mariana Islands 
(or their designees). 
(B) TERMS AND PRIVILEGES.—Each mem-
ber of the advisory committee appointed under 
subparagraph (A) shall serve for a term of 2 
years and shall be eligible for reappointment. 
Members of the advisory committee may attend 
all public meetings of the Commission, Council, 
or any Panel to which they are invited by the 
Commission, Council, or any Panel. The advi-
sory committee shall be invited to attend all 
non-executive meetings of the United States 
Commissioners and at such meetings shall be 
given opportunity to examine and to be heard 
on all proposed programs of investigation, re-
ports, recommendations, and regulations of the 
Commission. 
(C) PROCEDURES.—The advisory com-
mittee established by subparagraph (A) shall 
determine its organization, and prescribe its 
practices and procedures for carrying out its 
functions under this chapter, the Magnuson-
Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.), and the WCPFC 
Convention. The advisory committee shall pub-
lish and make available to the public a state-
ment of its organization, practices, and proce-
dures. A majority of the members of the advi-
sory committee shall constitute a quorum. 
Meetings of the advisory committee, except 
when in executive session, shall be open to the 
public, and prior notice of meetings shall be 
made public in a timely fashion. and the advi-
sory committee shall not be subject to the Fed-
eral Advisory Committee Act (5 U.S.C. App.). 
(D) PROVISION
OF
INFORMATION.—The 
Secretary and the Secretary of State shall fur-
nish the advisory committee with relevant infor-
mation concerning fisheries and international 
fishery agreements. 
(2) ADMINISTRATIVE MATTERS.—
(A) SUPPORT
SERVICES.—The Secretary 
shall provide to advisory committees in a timely 
manner such administrative and technical sup-
port services as are necessary for their effective 
functioning. 
(B) 
COMPENSATION; 
STATUS; 
EX-
PENSES.—Individuals appointed to serve as a 
member of an advisory committee—
(i) shall serve without pay, but while 
away from their homes or regular places of 
business in the performance of services for 
the advisory committee shall be allowed 
travel expenses, including per diem in lieu 
of subsistence, in the same manner as per-
sons employed intermittently in the Gov-
ernment service are allowed expenses under 
section 5703 of title 5, United States 
Code; and 
(ii) shall not be considered Federal 
employees by reason of their service as 
members of an advisory committee, except 
for purposes of injury compensation or tort 
claims liability as provided in chapter 81 of 
title 5, United States Code, and chapter 
171 of title 28, United States Code. 
(e) MEMORANDUM OF UNDERSTANDING.—For highly 
migratory species in the Pacific, the Secretary, in coordi-
nation with the Secretary of State, shall develop a memo-
randum of understanding with the Western Pacific, Pa-
cific, and North Pacific Fishery Management Councils, 
that specifies the role of the relevant Council or Councils 
with respect to—
(1) participation in United States delegations to 
international fishery organizations in the Pacific 
Ocean, including government-to-government con-
sultations; 
(2) providing formal recommendations to the 
Secretary and the Secretary of State regarding nec-
essary measures for both domestic and foreign ves-
sels fishing for these species; 
(3) coordinating positions with the United 
States delegation for presentation to the appropriate 
international fishery organization; and 
(4) recommending those domestic fishing regu-
lations that are consistent with the actions of the 
international fishery organization, for approval and 
implementation under the Magnuson-Stevens Fish-
ery Conservation and Management Act (16 U.S.C. 
1801 et seq.) 
SEC. 204. AUTHORITY AND RESPONSIBILITY OF THE SEC-
RETARY OF STATE. 
The Secretary of State may—
(1) receive and transmit, on behalf of the 
United States, reports, requests, recommendations, 
proposals, decisions, and other communications of 
and to the Commission;
(2) in consultation with the Secretary of Com-
merce and the United States Commissioners, ap-
prove, disapprove, object to, or withdraw objections 
to bylaws and rules, or amendments thereof, adopted 
by the WCPFC Commission, and, with the concur-
rence of the Secretary of Commerce to approve or 
disapprove the general annual program of the 
WCPFC Commission with respect to conservation 
and management measures and other measures pro-
posed or adopted in accordance with the WCPFC 
Convention; and 
(3) act upon, or refer to other appropriate au-
thority, any communication referred to in paragraph 
(1). 
SEC. 205. RULEMAKING AUTHORITY OF THE SECRETARY OF 
COMMERCE. 
(a) PROMULGATION
OF REGULATIONS.—The Sec-
retary of Commerce, in consultation with the Secretary of 
State and, with respect to enforcement measures, the Sec-
retary of the department in which the Coast Guard is op-
erating, is authorized to promulgate such regulations as 
may be necessary to carry out the United States inter-
national obligations under the WCPFC Convention and 
this title, including recommendations and decisions adopt-
ed by the Commission. In cases where the Secretary of
Commerce has discretion in the implementation of one or 
more measures adopted by the Commission that would 
govern fisheries under the authority of a Regional Fishery 
Management Council, the Secretary may, to the extent 
practicable within the implementation schedule of the 
WCPFC Convention and any recommendations and deci-
sions adopted by the Commission, promulgate such regula-
tions in accordance with the procedures established by the 
Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.). 
(b) ADDITIONS TO FISHERY REGIMES AND REGULA-
TIONS.—The Secretary of Commerce may promulgate reg-
ulations under this title applicable to all vessels and per-
sons subject to the jurisdiction of the United States, in-
cluding United States flag vessels wherever they may be 
operating, on such date as the Secretary shall prescribe. 
SEC. 206. ENFORCEMENT. 
(a) IN GENERAL.—The Secretary of Commerce 
may—
(1) administer and enforce this title and any 
regulations issued under this title, except to the ex-
tent otherwise provided for in this Act; 
(2) request and utilize on a reimbursed or non-
reimbursed basis the assistance, services, personnel,
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-
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
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;
(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;
(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,
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;
(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-
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
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.
(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.
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.
SEC. 211. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
retary of Commerce $1,000,000 for each of the fiscal 
years 2007 through 2012 to carry out this title and to 
pay the United States’ contribution to the Commission 
under section 5 of part III of the WCPFC Convention. 
TITLE III—PACIFIC WHITING 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Pacific Whiting Act 
of 2006’’. 
SEC. 302. DEFINITIONS. 
In this title: 
(1) ADVISORY
PANEL.—The term ‘‘advisory 
panel’’ means the Advisory Panel on Pacific Hake/
Whiting established by the Agreement. 
(2) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means the Agreement between the Government of 
the United States and the Government of Canada on 
Pacific Hake/Whiting, signed at Seattle, Wash-
ington, on November 21, 2003. 
(3) CATCH.—The term ‘‘catch’’ means all fish-
ery removals from the offshore whiting resource, in-
cluding landings, discards, and bycatch in other fish-
eries. 
(4) JOINT
MANAGEMENT
COMMITTEE.—The 
term ‘‘joint management committee’’ means the
joint management committee established by the 
Agreement. 
(5) JOINT TECHNICAL COMMITTEE.—The term 
‘‘joint technical committee’’ means the joint tech-
nical committee established by the Agreement. 
(6) OFFSHORE WHITING RESOURCE.—The term 
‘‘offshore 
whiting 
resource’’ 
means 
the 
transboundary stock of Merluccius productus that is 
located in the offshore waters of the United States 
and Canada except in Puget Sound and the Strait 
of Georgia. 
(7) SCIENTIFIC
REVIEW
GROUP.—The term 
‘‘scientific review group’’ means the scientific review 
group established by the Agreement. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(9) UNITED
STATES
SECTION.—The term 
‘‘United States Section’’ means the United States 
representatives on the joint management committee. 
SEC. 303. UNITED STATES REPRESENTATION ON JOINT 
MANAGEMENT COMMITTEE. 
(a) REPRESENTATIVES.—
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of State, shall appoint 4 in-
dividuals to represent the United States as the
United States Section on the joint management com-
mittee. In making the appointments, the Secretary 
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 Management Council, appointed with 
consideration given to any recommendation pro-
vided by that Council; 
(C) 1 shall be appointed from a list sub-
mitted by the treaty Indian tribes with treaty 
fishing rights to the offshore whiting resource; 
and 
(D) 1 shall be appointed from the commer-
cial sector of the whiting fishing industry con-
cerned with the offshore whiting resource. 
(2) TERM OF OFFICE.—Each representative ap-
pointed under paragraph (1) shall be appointed for 
a term not to exceed 4 years, except that, of the ini-
tial appointments, 2 representatives shall be ap-
pointed for terms of 2 years. Any individual ap-
pointed to fill a vacancy occurring prior to the expi-
ration of the term of office of that individual’s pred-
ecessor 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 en-
sure that the term of office of not more than 2 rep-
resentatives will expire in any single year. An indi-
vidual appointed to serve as a representative is eligi-
ble for reappointment. 
(3) CHAIR.—Unless otherwise agreed by all of 
the 4 representatives, the chair shall rotate annually 
among the 4 members, with the order of rotation de-
termined by lot at the first meeting. 
(b) ALTERNATE REPRESENTATIVES.—The Secretary, 
in consultation with the Secretary of State, may designate 
alternate representatives of the United States to serve on 
the joint management committee. An alternative rep-
resentative may exercise, at any meeting of the committee, 
all the powers and duties of a representative in the ab-
sence of a duly designated representative for whatever rea-
son. 
SEC. 304. UNITED STATES REPRESENTATION ON THE SCI-
ENTIFIC REVIEW GROUP. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Secretary 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 com-
mittee. 
(b) TERM.—An individual appointed under sub-
section (a) shall be appointed for a term of not to exceed 
4 years, but shall be eligible for reappointment. An indi-
vidual appointed to fill a vacancy occurring prior to the 
expiration of a term of office of that individual’s prede-
cessor shall be appointed to serve for the remainder of that 
term. 
(c) JOINT APPOINTMENTS.—In addition to individ-
uals appointed under subsection (a), the Secretary, jointly 
with the Government of Canada, may appoint to the sci-
entific review group, from a list of names provided by the 
advisory panel —
(1) up to 2 independent members of the sci-
entific review group; and 
(2) 2 public advisors. 
SEC. 305. UNITED STATES REPRESENTATION ON JOINT 
TECHNICAL COMMITTEE. 
(a) SCIENTIFIC EXPERTS.—
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of State, shall appoint at 
least 6 but not more than 12 individuals to serve as 
scientific experts on the joint technical 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 paragraph (1) shall be appointed for a term 
of not to exceed 4 years, but shall be eligible for re-
appointment. An individual appointed to fill a va-
cancy occurring prior to the expiration of the term 
of office of that individual’s predecessor shall be ap-
pointed for the remainder of that term. 
(b) INDEPENDENT MEMBER.—In addition to individ-
uals appointed under subsection (a), the Secretary, jointly 
with the Government of Canada, shall appoint 1 inde-
pendent member to the joint technical committee selected 
from a list of names provided by the advisory panel. 
SEC. 306. UNITED STATES REPRESENTATION ON ADVISORY 
PANEL. 
(a) IN GENERAL.—
(1) APPOINTMENT.—The Secretary, in con-
sultation 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 paragraph (1) shall be appointed for a term 
of not to exceed 4 years, but shall be eligible for re-
appointment. An individual appointed to fill a va-
cancy occurring prior to the expiration of the term 
of office of that individual’s predecessor shall be ap-
pointed for the remainder of that term. 
SEC. 307. 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 Sec-
retary 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—
(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 Agree-
ment. 
SEC. 308. RULEMAKING. 
(a) APPLICATION WITH MAGNUSON-STEVENS ACT.—
The Secretary shall establish the United States catch level 
for Pacific whiting according to the standards and proce-
dures 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 
management shall be—
(1) subject to the Magnuson-Stevens Fishery 
Conservation and Management Act; and 
(2) consistent with this title. 
(b) 
JOINT
MANAGEMENT
COMMITTEE
REC-
OMMENDATIONS.—For any year in which both parties to 
the Agreement approve recommendations made by the 
joint management committee with respect to the catch 
level, the Secretary shall implement the approved rec-
ommendations. Any regulation promulgated by the Sec-
retary 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
REC-
OMMENDATIONS.—If the parties to the Agreement do not 
approve the joint management committee’s recommenda-
tion with respect to the catch level for any year, the Sec-
retary 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 committee, the joint technical 
committee, the scientific review group, and the advi-
sory panel; 
(2) base the total allowable catch on the best 
scientific information available; 
(3) use the default harvest rate set out in para-
graph 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 Agree-
ment.
SEC. 309. ADMINISTRATIVE MATTERS. 
(a) EMPLOYMENT STATUS.—Individuals serving as 
such Commissioners, 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; 
(2) tort claims liability as provided under chap-
ter 171 of title 28 United States Code; 
(3) requirements concerning ethics, conflicts of 
interest, and corruption as provided under title 18, 
United States Code; and 
(4) any other criminal or civil statute or regula-
tion governing the conduct of Federal employees. 
(b) COMPENSATION.—
(1) IN GENERAL.—Except as provided in para-
graph (2), an individual appointed under this title 
shall receive no compensation for the individual’s 
service as a representative, alternate representative, 
scientific expert, or advisory panel member under 
this title. 
(2) SCIENTIFIC
REVIEW
GROUP.—Notwith-
standing paragraph (1), the Secretary may employ 
and fix the compensation of an individual appointed 
under section 304(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 sub-
section (d), the Secretary shall pay the necessary travel 
expenses of individuals appointed under this title in ac-
cordance 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 inde-
pendent members of the scientific review group and the 
2 public advisors to the scientific review group jointly ap-
pointed under section 304(c), and the 1 independent mem-
ber to the joint technical committee jointly appointed 
under section 305(b), the Secretary may pay up to 50 per-
cent of—
(1) any compensation paid to such individuals; 
and 
(2) the necessary travel expenses of such indi-
viduals. 
SEC. 310. 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 facilities of other Federal depart-
ments and agencies in the administration and en-
forcement of this title; and 
(3) collect, utilize, and disclose such informa-
tion as may be necessary to implement the Agree-
ment and this title, subject to sections 552 and 552a 
of title 5, United States Code. 
(b) PROHIBITED ACTS.—It is unlawful for any per-
son 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 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 
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) PENALTIES.—This title shall be enforced by the 
Secretary as if a violation of this title or of any regulation 
promulgated by the Secretary under this title were a viola-
tion of section 307 of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1857). 
SEC. 311. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary $1,000,000 for each of the fiscal years 2007 
through 2012 to carry out the obligations of the United 
States under the Agreement and this title. 
Passed the House of Representatives September 27, 
2006. 
Attest:
Clerk.
109TH CONGRESS 
2D SESSION 
H. R. 5946
AN ACT 
To amend the Magnuson-Stevens Fishery Conserva-
tion 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.