H. R. 5946—53
‘‘(5) steps taken by the Secretary at the international level 
to adopt international measures comparable to those of the 
United States to reduce impacts of fishing and other practices 
on protected living marine resources, if no international agree-
ment to achieve such goal exists, or if the relevant international 
fishery or conservation organization has failed to implement 
effective measures to end or reduce the adverse impacts of 
fishing practices on such species. 
‘‘SEC. 
608. 
ACTION 
TO 
STRENGTHEN 
INTERNATIONAL 
FISHERY 
MANAGEMENT ORGANIZATIONS. 
‘‘The Secretary, in consultation with the Secretary of State, 
and in cooperation with relevant fishery management councils and 
any relevant advisory committees, shall take actions to improve 
the effectiveness of international fishery management organizations 
in conserving and managing fish stocks under their jurisdiction. 
These actions shall include—
‘‘(1) urging international fishery management organizations 
to which the United States is a member—
‘‘(A) to incorporate multilateral market-related meas-
ures against member or nonmember governments whose 
vessels engage in illegal, unreported, or unregulated 
fishing; 
‘‘(B) to seek adoption of lists that identify fishing ves-
sels and vessel owners engaged in illegal, 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 an international fishery management organization’s 
jurisdiction; 
‘‘(D) to increase use of observers and technologies 
needed to monitor compliance with conservation and 
management measures established by the organization, 
including vessel monitoring systems and automatic identi-
fication systems; and 
‘‘(E) to seek adoption of stronger port state controls 
in all nations, particularly those nations in whose ports 
vessels engaged in illegal, unreported, or unregulated 
fishing land or transship fish; 
‘‘(2) urging international fishery management organizations 
to which the United States is a member, as well as all members 
of those organizations, to adopt and expand the use of market-
related measures to combat illegal, unreported, or unregulated 
fishing, including—
‘‘(A) import prohibitions, landing restrictions, or other 
market-based measures needed to enforce compliance with 
international fishery management organization measures, 
such as quotas and catch limits; 
‘‘(B) import restrictions or other market-based meas-
ures to prevent the trade or importation of fish caught 
by vessels identified multilaterally 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, unreported, or unregulated fishing,
H. R. 5946—54
including advance transmission of catch documents to ports 
of entry; and 
‘‘(3) urging other nations at bilateral, regional, and inter-
national levels, including the Convention on International 
Trade in Endangered Species of Fauna and Flora and the 
World Trade Organization to take all steps necessary, con-
sistent 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 fishing 
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 at any point during 
the preceding 2 years, in illegal, unreported, or unregulated 
fishing—
‘‘(1) 
the 
relevant 
international 
fishery 
management 
organization has failed to implement effective measures to end 
the illegal, unreported, or unregulated fishing activity by ves-
sels of that nation or the nation is not a party to, or does 
not maintain cooperating status with, such organization; or 
‘‘(2) where no international fishery management organiza-
tion exists with a mandate to regulate the fishing activity 
in question. 
‘‘(b) NOTIFICATION.—An identification under subsection (a) or 
section 610(a) is deemed to be an identification 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 Presi-
dent and that nation 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 activities of their fishing vessels identi-
fied 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 establish a proce-
dure, consistent with the provisions of subchapter II of chapter 
5 of title 5, United States Code, for determining if a nation 
identified under subsection (a) and listed in the report under 
section 607 has taken appropriate corrective action with respect 
to the offending activities of its fishing vessels identified in 
the report under section 607. The certification procedure shall 
provide for notice and an opportunity for comment by any 
such nation. 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—
H. R. 5946—55
‘‘(A) whether the government of each nation identified 
under subsection (a) has provided documentary evidence 
that it has taken corrective action with respect to the 
offending activities of its fishing vessels identified in the 
report; or 
‘‘(B) 
whether 
the 
relevant 
international 
fishery 
management organization has implemented measures that 
are effective in ending the illegal, unreported, or unregu-
lated fishing activity by vessels of that nation. 
‘‘(2) ALTERNATIVE PROCEDURE.—The Secretary may estab-
lish 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 harvesting 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 unregulated fishing activities. 
‘‘(3) EFFECT OF CERTIFICATION.— 
‘‘(A) IN GENERAL.—The provisions 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))—
‘‘(i) shall apply to any nation identified under sub-
section (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 
‘‘(ii) shall not apply to any nation identified under 
subsection (a) for which the Secretary has issued a 
positive certification under this subsection. 
‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A)(i) 
does 
not 
apply—
‘‘(i) to the extent that such provisions would apply 
to sport fishing equipment or to fish or fish products 
not managed under the applicable international fishery 
agreement; or 
‘‘(ii) if there is no applicable international fishery 
agreement, to the extent that such provisions would 
apply to fish or fish products caught by vessels not 
engaged in illegal, unreported, or unregulated fishing. 
‘‘(e) 
ILLEGAL, 
UNREPORTED, 
OR
UNREGULATED
FISHING 
DEFINED.—
‘‘(1) IN GENERAL.—In this Act the term ‘illegal, unreported, 
or unregulated fishing’ has the meaning established under para-
graph (2). 
‘‘(2) SECRETARY TO DEFINE TERM WITHIN LEGISLATIVE GUIDE-
LINES.—Within 3 months after the date of enactment of the 
Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act of 2006, the Secretary shall publish a 
definition of the term ‘illegal, unreported, or unregulated 
fishing’ for purposes of this Act. 
‘‘(3) GUIDELINES.—The Secretary shall include in the defini-
tion, at a minimum—
H. R. 5946—56
‘‘(A) fishing activities that violate conservation and 
management measures required under an international 
fishery management agreement to which the United States 
is a party, including catch limits or quotas, capacity restric-
tions, and bycatch reduction requirements; 
‘‘(B) overfishing of fish stocks shared by the United 
States, for which there are no applicable international con-
servation or management measures or in areas with no 
applicable international fishery management organization 
or agreement, that has adverse impacts on such stocks; 
and 
‘‘(C) fishing activity that has an adverse impact on 
seamounts, hydrothermal vents, and cold water corals 
located beyond national jurisdiction, for which there are 
no applicable conservation or management measures or 
in areas with no applicable international fishery manage-
ment organization or agreement. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary for fiscal years 2007 through 
2013 such sums as are necessary to carry out this section. 
‘‘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) in waters beyond any national jurisdiction 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 con-
servation and protection of such resources or the relevant inter-
national or regional fishery organization has failed to imple-
ment 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 gov-
erning such fishing practices designed to end or reduce such 
bycatch that is comparable to that of the United States, taking 
into account different conditions. 
‘‘(b) CONSULTATION AND NEGOTIATION.—The Secretary, 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 described in subsection (a) 
through the United Nations, the Food and Agriculture
H. R. 5946—57
Organization’s Committee on Fisheries, and appropriate inter-
national fishery management bodies; and 
‘‘(4) initiate the amendment of any existing international 
treaty for the protection and conservation 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.—
‘‘(1) DETERMINATION.—The Secretary shall establish a 
procedure consistent with the provisions of subchapter II of 
chapter 5 of title 5, United States Code, for determining 
whether the government of a harvesting nation identified under 
subsection (a) and listed in the report under section 607—
‘‘(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 condi-
tions, and which, in the case of pelagic longline fishing, 
includes mandatory use of circle hooks, careful handling 
and release equipment, and training and observer pro-
grams; and 
‘‘(B) has established a management plan containing 
requirements that will assist in gathering species-specific 
data to support international stock assessments and con-
servation enforcement efforts for protected living marine 
resources. 
‘‘(2) PROCEDURAL
REQUIREMENT.—The procedure estab-
lished by the Secretary under paragraph (1) shall include notice 
and opportunity for comment by any such nation. 
‘‘(3) CERTIFICATION.—The Secretary shall certify to the Con-
gress by January 31, 2007, and biennially thereafter whether 
each such nation has provided the documentary evidence 
described in paragraph (1)(A) and established a management 
plan described in paragraph (1)(B). 
‘‘(4) ALTERNATIVE PROCEDURE.—The Secretary shall estab-
lish 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 harvesting nation not certified under paragraph 
(3) if the Secretary determines that such imports were har-
vested by practices that do not result in bycatch of a protected 
marine species, or were harvested by practices that—
‘‘(A) are comparable to those of the United States, 
taking into account different conditions, and which, in the 
case of pelagic longline fishing, includes mandatory use 
of circle hooks, careful handling and release equipment, 
and training and observer programs; and 
‘‘(B) include the gathering of species specific data that 
can be used to support international and regional stock 
assessments and conservation efforts for protected living 
marine resources. 
‘‘(5) EFFECT OF CERTIFICATION.—The provisions 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 apply to sport fishing equipment or fish or fish 
products not caught by the vessels engaged in illegal, unre-
ported, or unregulated fishing) shall apply to any nation identi-
fied under subsection (a) that has not been certified by the 
Secretary under this subsection, or for which the Secretary
H. R. 5946—58
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. 
‘‘(d) INTERNATIONAL COOPERATION
AND ASSISTANCE.—To the 
greatest extent possible consistent with existing authority and the 
availability of funds, the Secretary shall—
‘‘(1) provide appropriate assistance to nations identified 
by the Secretary under subsection (a) and international 
organizations of which those nations are members to assist 
those nations in qualifying for certification under subsection 
(c); 
‘‘(2) undertake, where appropriate, cooperative research 
activities on species statistics and improved harvesting tech-
niques, with those nations or organizations; 
‘‘(3) encourage and facilitate the transfer of appropriate 
technology to those nations or organizations to assist those 
nations in qualifying for certification under subsection (c); and 
‘‘(4) provide assistance to those nations or organizations 
in designing and implementing appropriate fish harvesting 
plans. 
‘‘(e) PROTECTED LIVING MARINE RESOURCE DEFINED.—In this 
section the term ‘protected living marine resource’—
‘‘(1) means non-target fish, sea turtles, or marine mammals 
that are protected under United States law or international 
agreement, including the Marine Mammal Protection Act, the 
Endangered Species Act, the Shark Finning Prohibition Act, 
and the Convention on International Trade in Endangered Spe-
cies of Wild Flora and Fauna; but 
‘‘(2) does not include species, except sharks, managed under 
the Magnuson-Stevens Fishery Conservation and Management 
Act, the Atlantic Tunas Convention Act, or any international 
fishery management agreement. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary for fiscal years 2007 through 
2013 such sums as are necessary to carry out this section.’’. 
(b) CONFORMING AMENDMENTS.—
(1) DENIAL OF PORT PRIVILEGES.—Section 101(b) of the High 
Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(b)) 
is amended by inserting ‘‘or illegal, unreported, or unregulated 
fishing’’ after ‘‘fishing’’ in paragraph (1)(A)(i), paragraph (1)(B), 
paragraph (2), and paragraph (4)(A)(i). 
(2) DURATION OF DENIAL.—Section 102 of the High Seas 
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826b) is 
amended by inserting ‘‘or illegal, unreported , or unregulated 
fishing’’ after ‘‘fishing’’. 
SEC. 404. MONITORING OF PACIFIC INSULAR AREA FISHERIES. 
(a) WAIVER
AUTHORITY.—Section 201(h)(2)(B) (16 U.S.C. 
1821(h)(2)(B)) is amended by striking ‘‘that is at least equal in 
effectiveness to the program established by the Secretary;’’ and 
inserting ‘‘or other monitoring program that the Secretary, in con-
sultation with the Western Pacific Management Council, determines 
is adequate to monitor harvest, bycatch, and compliance with the 
laws of the United States by vessels fishing under the agreement;’’. 
(b) MARINE CONSERVATION PLANS.—Section 204(e)(4)(A)(i) (16 
U.S.C. 1824(e)(4)(A)(i)) is amended to read as follows:
H. R. 5946—59
‘‘(i) Pacific Insular Area observer programs, or other moni-
toring programs, that the Secretary determines are adequate 
to monitor the harvest, bycatch, and compliance with the laws 
of the United States by foreign fishing vessels that fish under 
Pacific Insular Area fishing agreements;’’. 
SEC. 405. REAUTHORIZATION OF ATLANTIC TUNAS CONVENTION ACT. 
(a) IN GENERAL.—Section 10 of the Atlantic Tunas Convention 
Act of 1975 (16 U.S.C. 971h) is amended to read as follows: 
‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—There are authorized to be appropriated 
to the Secretary to carry out this Act, including use for payment 
of the United States share of the joint expenses of the Commission 
as provided in Article X of the Convention—
‘‘(1) $5,770,000 for each of fiscal years 2007 and 2008; 
‘‘(2) $6,058,000 for each of fiscal years 2009 and 2010; 
and 
‘‘(3) $6,361,000 for each of fiscal years 2011 and 2013. 
‘‘(b) ALLOCATION.—Of the amounts made available under sub-
section (a) for each fiscal year—
‘‘(1) $160,000 are authorized for the advisory committee 
established under section 4 of this Act and the species working 
groups established under section 4A of this Act; and 
‘‘(2) $7,500,000 are authorized for research activities under 
this Act and section 3 of Public Law 96–339 (16 U.S.C. 971i), 
of which $3,000,000 shall be for the cooperative research pro-
gram under section 3(b)(2)(H) of that section (16 U.S.C. 
971i(b)(2)(H).’’. 
(b) ATLANTIC BILLFISH COOPERATIVE RESEARCH PROGRAM.—
Section 3(b)(2) of Public Law 96–339 (16 U.S.C. 971i(b)(2)) is 
amended—
(1) by striking ‘‘and’’ after the semicolon in subparagraph 
(G); 
(2) by redesignating subparagraph (H) as subparagraph 
(I); and 
(3) by inserting after subparagraph (G) the following: 
‘‘(H) include a cooperative research program on Atlantic 
billfish based on the Southeast Fisheries Science Center 
Atlantic Billfish Research Plan of 2002; and’’. 
(c) SENSE OF CONGRESS REGARDING FISH HABITAT.—Section 
3 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a) 
is amended by adding at the end the following: 
‘‘(e) SENSE OF CONGRESS REGARDING FISH HABITAT.—It is the 
sense of the Congress that the United States Commissioners should 
seek to include ecosystem considerations in fisheries management, 
including the conservation of fish habitat.’’. 
SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC EQUITY. 
(a) INTERNATIONAL OVERFISHING.—Section 304 (16 U.S.C. 1854) 
is amended by adding at the end thereof the following: 
‘‘(i) INTERNATIONAL OVERFISHING.—The provisions of this sub-
section shall apply in lieu of subsection (e) to a fishery that the 
Secretary determines is overfished or approaching a condition of 
being overfished due to excessive international fishing pressure, 
and for which there are no management measures to end overfishing 
under an international agreement to which the United States is 
a party. For such fisheries—
H. R. 5946—60
‘‘(1) the Secretary, in cooperation with the Secretary of 
State, immediately take appropriate action at the international 
level to end the overfishing; and 
‘‘(2) within 1 year after the Secretary’s determination, the 
appropriate Council, or Secretary, for fisheries under section 
302(a)(3) shall—
‘‘(A) develop recommendations for domestic regulations 
to address the relative impact of fishing vessels of the 
United States on the stock and, if developed by a Council, 
the Council shall submit such recommendations to the 
Secretary; and 
‘‘(B) develop and submit recommendations to the Sec-
retary of State, and to the Congress, for international 
actions that will end overfishing in the fishery and rebuild 
the affected stocks, taking into account the relative impact 
of vessels of other nations and vessels of the United States 
on the relevant stock.’’. 
(b) HIGHLY MIGRATORY SPECIES TAGGING RESEARCH.—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 Convention 
Implementation Act,’’. 
SEC. 407. UNITED STATES CATCH HISTORY. 
In establishing catch allocations under international fisheries 
agreements, the Secretary, in consultation with the Secretary of 
the Department in which the Coast Guard is operating, and the 
Secretary of State, shall ensure that all catch history associated 
with a vessel of the United States remains with the United States 
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. 408. SECRETARIAL REPRESENTATIVE FOR INTERNATIONAL FISH-
ERIES. 
(a) IN GENERAL.—The Secretary, in consultation with the Under 
Secretary of Commerce for Oceans and Atmosphere, shall designate 
a Senate-confirmed, senior official within the National Oceanic and 
Atmospheric Administration to perform the duties of the Secretary 
with respect to international agreements involving fisheries and 
other living marine resources, including policy development and 
representation as a U.S. Commissioner, under any such inter-
national agreements. 
(b) ADVICE.—The designated official shall, in consultation with 
the Deputy Assistant Secretary for International Affairs and the 
Administrator of the National Marine Fisheries Service, advise 
the Secretary, Undersecretary of Commerce for Oceans and 
Atmosphere, and other senior officials of the Department of Com-
merce and the National Oceanic and Atmospheric Administration 
on development of policy on international fisheries conservation 
and management matters. 
(c) CONSULTATION.—The designated official shall consult with 
the Senate Committee on Commerce, Science, and Transportation 
and the House Committee on Resources on matters pertaining 
to any regional or international negotiation concerning living marine 
resources, including shellfish.
H. R. 5946—61
(d) DELEGATION.—The designated official may delegate and 
authorize successive re-delegation of such functions, 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. 
(e) EFFECTIVE DATE.—This section shall take effect on January 
1, 2009. 
TITLE V—IMPLEMENTATION OF WEST-
ERN AND CENTRAL PACIFIC FISH-
ERIES CONVENTION 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Western and Central Pacific 
Fisheries Convention Implementation Act’’. 
SEC. 502. DEFINITIONS. 
In this title: 
(1) 1982 CONVENTION.—The term ‘‘1982 Convention’’ means 
the United Nations Convention on the Law of the Sea of 10 
December 1982. 
(2) AGREEMENT.—The term ‘‘Agreement’’ means the Agree-
ment 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 Strad-
dling 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 par-
allel of south latitude 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 intersection 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 parallel 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 eco-
nomic zone’’ means the zone established by Presidential 
Proclamation Numbered 5030 of March 10, 1983. 
(6) FISHING.—The term ‘‘fishing’’ means—
(A) searching for, catching, taking, or harvesting fish; 
(B) attempting to search for, catch, take, or harvest 
fish;
H. R. 5946—62
(C) engaging in any other activity which can reasonably 
be expected to result in the locating, catching, taking, or 
harvesting of fish for any purpose; 
(D) placing, searching for, or recovering fish aggre-
gating devices or associated electronic equipment such as 
radio beacons; 
(E) any operations at sea directly in support of, or 
in preparation for, any activity described in subparagraphs 
(A) through (D), including transshipment; and 
(F) use of any other vessel, vehicle, aircraft, or hover-
craft, 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 vessel’’ means any 
vessel used or intended for use for the purpose of fishing, 
including support ships, carrier 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, except sauries, occur-
ring 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 ‘‘transshipment’’ means the 
unloading of all or any of the fish on board a fishing vessel 
to another fishing vessel either at sea or in port. 
(12) WCPFC CONVENTION; WESTERN AND CENTRAL PACIFIC 
CONVENTION.—The terms ‘‘WCPFC Convention’’ and ‘‘Western 
and Central Pacific Convention’’ means the Convention on the 
Conservation and Management of the Highly Migratory Fish 
Stocks in the Western and Central Pacific Ocean, (including 
any annexes, amendments, or protocols which are in force, 
or have come into force, for the United States) which was 
adopted at Honolulu, Hawaii, on September 5, 2000, by the 
Multilateral High Level Conference on the Highly Migratory 
Fish Stocks in the Western and Central Pacific Ocean. 
SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS. 
(a) IN GENERAL.—The United States shall be represented on 
the Commission by 5 United States Commissioners. The President 
shall appoint individuals to serve on the Commission at the pleasure 
of the President. In making the appointments, the President shall 
select Commissioners from among individuals who are knowledge-
able 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 the chairman or a member of the Western Pacific Fishery 
Management Council and the Pacific Fishery Management Council. 
The Commissioners shall be entitled to adopt such rules of proce-
dures as they find necessary and to select a chairman from among
H. R. 5946—63
members who are officers or employees of the United States Govern-
ment. 
(b) ALTERNATE COMMISSIONERS.—The Secretary of State, in 
consultation with the Secretary, may designate from time to time 
and for periods of time deemed appropriate Alternate United States 
Commissioners to the Commission. 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 Commis-
sioner in the absence of any Commissioner appointed pursuant 
to subsection (a) of this section for whatever reason. The number 
of such Alternate United States Commissioners that may be des-
ignated for any such meeting shall be limited to the number of 
United States Commissioners 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 employees 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) 
requirements 
concerning 
ethics, 
conflicts 
of 
interest, and corruption as provided under title 18, United 
States Code; and 
(C) any other criminal or civil statute or regulation 
governing the conduct of Federal employees. 
(2) COMPENSATION.—The United States Commissioners or 
Alternate Commissioners, although officers of the United States 
while so serving, shall receive 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 Alter-
nate 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 may reimburse the Secretary of State 
for amounts expended 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 which shall be composed of—
(i) not less than 15 nor more than 20 individuals 
appointed by the Secretary of Commerce in consulta-
tion with the United States Commissioners, who shall 
select such individuals from the various groups con-
cerned with the fisheries covered by the WCPFC 
Convention, providing, to the maximum extent prac-
ticable, an equitable balance among such groups; 
(ii) the chair of the Western Pacific Fishery 
Management Council’s Advisory Committee or the 
chair’s designee; and 
(iii) officials of the fisheries management authori-
ties of American Samoa, Guam, and the Northern Mar-
iana Islands (or their designees).
H. R. 5946—64
(B) TERMS
AND
PRIVILEGES.—Each member of the 
advisory committee appointed under subparagraph (A) 
shall serve for a term of 2 years and shall be eligible 
for reappointment. The advisory committee shall be invited 
to attend all non-executive meetings of the United States 
Commissioners and at such meetings shall be given oppor-
tunity to examine and to be heard on all proposed programs 
of investigation, reports, recommendations, and regulations 
of the Commission. 
(C) PROCEDURES.—The advisory committee 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 com-
mittee shall publish and make available to the public a 
statement of its organization, practices, and procedures. 
A majority of the members of the advisory 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 advisory committee shall not 
be subject to the Federal Advisory Committee Act (5 U.S.C. 
App.). 
(D) PROVISION OF INFORMATION.—The Secretary and 
the Secretary of State shall furnish the advisory committee 
with relevant information concerning fisheries and inter-
national fishery agreements. 
(2) ADMINISTRATIVE MATTERS.—
(A) SUPPORT SERVICES.—The Secretary shall provide 
to advisory committees in a timely manner such adminis-
trative and technical support services as are necessary 
for their effective functioning. 
(B) COMPENSATION; STATUS; EXPENSES.—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 persons 
employed intermittently in the Government service are 
allowed expenses under section 5703 of title 5, United 
States Code; and 
(ii) shall be considered Federal employees while 
performing service as members of an advisory com-
mittee only for purposes of—
(I) injury compensation under chapter 81 of 
title 5, United States Code; 
(II) requirements concerning ethics, conflicts-
of-interest, and corruption, as provided by title 
18, United States Code; and 
(III) any other criminal or civil statute or regu-
lation governing the conduct of Federal employees 
in their capacity as Federal employees. 
(f) MEMORANDUM OF UNDERSTANDING.—For highly migratory 
species in the Pacific, the Secretary, in coordination with the Sec-
retary of State, shall develop a memorandum of understanding
H. R. 5946—65
with the Western Pacific, Pacific, and North Pacific Fishery Manage-
ment Councils, that clarifies the role of the relevant Council or 
Councils with respect to—
(1) participation in United States delegations to inter-
national fishery organizations in the Pacific Ocean, including 
government-to-government consultations; 
(2) providing formal recommendations to the Secretary and 
the Secretary of State regarding necessary measures for both 
domestic and foreign vessels 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 regulations that 
are consistent with the actions of the international fishery 
organization, for approval and implementation under the 
Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.) 
SEC. 504. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY 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 approve, disapprove, 
object to, or withdraw objections to bylaws and rules, or amend-
ments thereof, adopted by the WCPFC Commission, and, with 
the concurrence of the Secretary to approve or disapprove the 
general annual program of the WCPFC Commission with 
respect to conservation and management measures and other 
measures proposed or adopted in accordance with the WCPFC 
Convention; and 
(3) act upon, or refer to other appropriate authority, any 
communication referred to in paragraph (1). 
SEC. 505. RULEMAKING AUTHORITY OF THE SECRETARY OF COM-
MERCE. 
(a) PROMULGATION OF REGULATIONS.—The Secretary, in con-
sultation with the Secretary of State and, with respect to enforce-
ment measures, the Secretary of the Department in which the 
Coast Guard is operating, is authorized to promulgate such regula-
tions as may be necessary to carry out the United States inter-
national obligations under the WCPFC Convention and this title, 
including recommendations and decisions adopted by the Commis-
sion. In cases where the Secretary has discretion in the implementa-
tion 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 decisions adopted by the Commis-
sion, promulgate such regulations in accordance with the procedures 
established by the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.). 
(b) ADDITIONS TO FISHERY REGIMES AND REGULATIONS.—The 
Secretary may promulgate regulations applicable to all vessels and 
persons subject to the jurisdiction of the United States, including 
United States flag vessels wherever they may be operating, on 
such date as the Secretary shall prescribe.
H. R. 5946—66
SEC. 506. ENFORCEMENT. 
(a) IN GENERAL.—The Secretary may—
(1) administer and enforce this title and any regulations 
issued under this title, except to the extent otherwise provided 
for in this Act; 
(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—
(A) the administration and enforcement of this title; 
and 
(B) the conduct of scientific, research, and other pro-
grams under this title; 
(3) conduct fishing operations and biological experiments 
for purposes of scientific investigation or other purposes nec-
essary to implement the WCPFC Convention; 
(4) collect, utilize, and disclose such information 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 Management Act (16 U.S.C. 1881a(b)); 
(5) if recommended by the United States Commissioners 
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 
enforcement under this title, which shall be deposited as an 
offsetting collection in, and credited to, the account providing 
appropriations to carry out the functions 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 condi-
tions as the Secretary may prescribe, and shall remain valid 
for a period to be determined by the Secretary. 
(b) CONSISTENCY WITH OTHER LAWS.—The Secretary shall 
ensure the consistency, to the extent practicable, of fishery manage-
ment programs administered under this Act, the Magnuson-Stevens 
Fishery Conservation 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 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 
provisions of that Act were incorporated into and made a part 
of this title. 
(d) CONFIDENTIALITY.—