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tainability of living marine resources and disadvan-
tage the United States fishing industry.’’. 
SEC. 103. ACTION TO END ILLEGAL, UNREPORTED, OR UN-
REGULATED FISHING AND REDUCE BYCATCH 
OF PROTECTED MARINE SPECIES. 
(a) IN GENERAL.—Title VI of the High Seas Driftnet 
Fishing Moratorium Protection Act (16 U.S.C. 1826d et 
seq.), is amended by adding at the end the following: 
‘‘SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLI-
ANCE. 
‘‘The Secretary, in consultation with the Secretary of 
State, shall provide to Congress, by not later than 2 years 
after the date of enactment of the Stevens-Inouye Inter-
national Fisheries Monitoring and Compliance Legacy Act 
of 2006, and every 2 years thereafter, a report that in-
cludes— 
‘‘(1) the state of knowledge on the status of 
international living marine resources shared by the 
United States or subject to treaties or agreements to 
which the United States is a party, including a list 
of all such fish stocks classified as overfished, over-
exploited, depleted, endangered, or threatened with 
extinction by any international or other authority 
charged with management or conservation of living 
marine resources; 
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‘‘(2) a list of nations whose vessels have been 
identified under sections 609(a) or 610(a), including 
the specific offending activities and any subsequent 
actions taken pursuant to section 609 or 610; 
‘‘(3) a description of efforts taken by nations on 
those lists to take appropriate corrective action con-
sistent with sections 609 and 610, and an evaluation 
of the progress of those efforts, including steps 
taken by the United States to implement those sec-
tions and to improve international compliance; 
‘‘(4) progress at the international level, con-
sistent with section 608, to strengthen the efforts of 
international fishery management organizations to 
end illegal, unreported, or unregulated fishing; and 
‘‘(5) steps taken by the Secretary at the inter-
national level to seek adoption of international meas-
ures comparable to those of the United States to re-
duce impacts of fishing and other practices on pro-
tected living marine resources, if no international 
agreement to achieve such goal exists, or if the rel-
evant international fishery or conservation organiza-
tion has failed to implement effective measures to 
end or reduce the adverse impacts of fishing prac-
tices on such species. 
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‘‘SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISH-
ERY MANAGEMENT ORGANIZATIONS. 
‘‘The Secretary, in consultation with the Secretary of 
State, and in cooperation with relevant fishery manage-
ment councils and any relevant advisory committees, shall 
take actions to improve the effectiveness of international 
fishery management organizations in conserving and man-
aging fish stocks under their jurisdiction. These actions 
shall include— 
‘‘(1) urging international fishery management 
organizations to which the United States is a mem-
ber— 
‘‘(A) to incorporate multilateral market-re-
lated measures against member or nonmember 
governments whose vessels engage in illegal, un-
reported, or unregulated fishing; 
‘‘(B) to seek adoption of lists that identify 
fishing vessels and vessel owners engaged in il-
legal, unreported, or unregulated fishing that 
can be shared among all members and other 
international fishery management organizations; 
‘‘(C) to seek international adoption of a 
centralized vessel monitoring system in order to 
monitor and document capacity in fleets of all 
nations involved in fishing in areas under the 
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an international fishery management organiza-
tion’s jurisdiction; 
‘‘(D) to increase use of observers and tech-
nologies needed to monitor compliance with con-
servation and management measures estab-
lished by the organization, including vessel 
monitoring systems and automatic identification 
systems; and 
‘‘(E) to seek adoption of stronger port 
state controls in all nations, particularly those 
nations in whose ports vessels engaged in ille-
gal, unreported, or unregulated fishing land or 
transship fish; 
‘‘(2) urging international fishery management 
organizations to which the United States is a mem-
ber, as well as all members of those organizations, 
to adopt and expand the use of market-related meas-
ures to combat illegal, unreported, or unregulated 
fishing, including— 
‘‘(A) import prohibitions, landing restric-
tions, or other market-based measures needed 
to enforce compliance with international fishery 
management organization measures, such as 
quotas and catch limits; 
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‘‘(B) import restrictions or other market- 
based measures to prevent the trade or impor-
tation of fish caught by vessels identified multi-
laterally as engaging in illegal, unreported, or 
unregulated fishing; and 
‘‘(C) catch documentation and certification 
schemes to improve tracking and identification 
of catch of vessels engaged in illegal, unre-
ported, or unregulated fishing, including ad-
vance transmission of catch documents to ports 
of entry; and 
‘‘(3) urging other nations at the appropriate bi-
lateral, regional, and international levels to take all 
steps necessary, consistent with international law, to 
adopt measures and policies that will prevent fish or 
other living marine resources harvested by vessels 
engaged in illegal, unreported, or unregulated fish-
ing from being traded or imported into their nation 
or territories. 
‘‘SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED 
FISHING. 
‘‘(a) IDENTIFICATION.—The Secretary shall identify, 
and list in the report under section 607, a nation if fishing 
vessels of that nation are engaged, or have been engaged 
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at any point during the preceding two years in illegal, un-
reported, or unregulated fishing; and— 
‘‘(1) the relevant international fishery manage-
ment organization has failed to implement effective 
measures to end the illegal unreported, or unregu-
lated fishing activity by vessels of that nation or the 
nation is not a party to, or does not maintain co-
operating status with, such organization; or 
‘‘(2) where no international fishery manage-
ment organization exists with a mandate to regulate 
the fishing activity in question. 
‘‘(b) NOTIFICATION.—An identification under sub-
section (a) or section 610(a) is deemed to be an identifica-
tion under section 101(b)(1)(A) of the High Seas Driftnet 
Fisheries Enforcement Act (16 U.S.C. 1826a(b)(1)(A)), 
and the Secretary shall notify the President and that na-
tion of such identification. 
‘‘(c) CONSULTATION.—No later than 60 days after 
submitting a report to Congress under section 607, the 
Secretary, acting through the Secretary of State, shall— 
‘‘(1) notify nations listed in the report of the 
requirements of this section; 
‘‘(2) initiate consultations for the purpose of 
encouraging such nations to take the appropriate 
corrective action with respect to the offending activi-
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ties of their fishing vessels identified in the report; 
and 
‘‘(3) notify any relevant international fishery 
management organization of the actions taken by 
the United States under this section. 
‘‘(d) IUU CERTIFICATION PROCEDURE.— 
‘‘(1) CERTIFICATION.—The Secretary shall es-
tablish a procedure, consistent with the provisions of 
subchapter II of chapter 5 of title 5, United States 
Code, and including notice and an opportunity for 
comment by the governments of any nation listed by 
the Secretary under subsection (a), for determining 
if that government has taken appropriate corrective 
action with respect to the offending activities of its 
fishing vessels identified in the report under section 
607. The Secretary shall determine, on the basis of 
the procedure, and certify to the Congress no later 
than 90 days after the date on which the Secretary 
promulgates a final rule containing the procedure, 
and biennially thereafter in the report under section 
607— 
‘‘(A) whether the government of each na-
tion identified under subsection (b) has pro-
vided documentary evidence that it has taken 
corrective action with respect to the offending 
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activities of its fishing vessels identified in the 
report; or 
‘‘(B) whether the relevant international 
fishery management organization has imple-
mented measures that are effective in ending 
the illegal, unreported, or unregulated fishing 
activity by vessels of that nation. 
‘‘(2) ALTERNATIVE
PROCEDURE.—The Sec-
retary may establish a procedure for certification, on 
a shipment-by-shipment, shipper-by-shipper, or other 
basis of fish or fish products from a vessel of a har-
vesting nation not certified under paragraph (1) if 
the Secretary determines that— 
‘‘(A) the vessel has not engaged in illegal, 
unreported, or unregulated fishing under an 
international fishery management agreement to 
which the United States is a party; or 
‘‘(B) the vessel is not identified by an 
international fishery management organization 
as participating in illegal, unreported, or un-
regulated fishing activities. 
‘‘(3) EFFECT OF CERTIFICATION.—The provi-
sions of section 101(a) and section 101(b)(3) and 
(4) of this Act (16 U.S.C. 1826a(a), (b)(3), and 
(b)(4)) (except to the extent that such provisions 
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apply to sport fishing equipment or fish or products 
thereof not managed under the relevant inter-
national fishery agreement (or, where there is no 
such agreement, not caught by the vessels engaged 
in illegal, unreported, or unregulated fishing)) shall 
apply to any nation identified under subsection (a) 
that has not been certified by the Secretary under 
this subsection, or for which the Secretary has 
issued a negative certification under this subsection, 
but shall not apply to any nation identified under 
subsection (a) for which the Secretary has issued a 
positive certification under this subsection. 
‘‘(e) ILLEGAL, UNREPORTED, OR UNREGULATED 
FISHING DEFINED.— 
‘‘(1) IN GENERAL.—In this Act the term ‘ille-
gal, unreported, or unregulated fishing’ has the 
meaning established under paragraph (2). 
‘‘(2) SECRETARY
TO
DEFINE
TERM
WITHIN 
LEGISLATIVE GUIDELINES.—Within 3 months after 
the date of enactment of the Stevens-Inouye Inter-
national Fisheries Monitoring and Compliance Leg-
acy Act of 2006, the Secretary shall publish a defini-
tion of the term ‘illegal, unreported, or unregulated 
fishing’ for purposes of this Act. 
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‘‘(3) GUIDELINES.—The Secretary shall include 
in the definition, at a minimum— 
‘‘(A) fishing activities that violate con-
servation and management measures required 
under an international fishery management 
agreement to which the United States is a 
party, including catch limits or quotas, capacity 
restrictions, and bycatch reduction require-
ments; 
‘‘(B) overfishing of fish stocks shared by 
the United States, for which there are no appli-
cable international conservation or management 
measures or in areas with no applicable inter-
national fishery management organization or 
agreement, that has adverse impacts on such 
stocks; and 
‘‘(C) fishing activity that has adverse im-
pacts on seamounts, hydrothermal vents, and 
cold water corals located beyond national juris-
diction, for which there are no applicable con-
servation or management measures or in areas 
with no applicable international fishery manage-
ment organization or agreement. 
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‘‘SEC. 610. EQUIVALENT CONSERVATION MEASURES. 
‘‘(a) IDENTIFICATION.—The Secretary shall identify, 
and list in the report under section 607, a nation if— 
‘‘(1) fishing vessels of that nation are engaged, 
or have been engaged during the preceding calendar 
year, in fishing activities or practices— 
‘‘(A) beyond the exclusive economic zone of 
any nation that result in bycatch of a protected 
living marine resource; or 
‘‘(B) beyond the exclusive economic zone of 
the United States that result in bycatch of a 
protected living marine resource shared by the 
United States; 
‘‘(2) the relevant international organization for 
the conservation and protection of such resources or 
the relevant international or regional fishery organi-
zation has failed to implement effective measures to 
end or reduce such bycatch, or the nation is not a 
party to, or does not maintain cooperating status 
with, such organization; and 
‘‘(3) the nation has not adopted a regulatory 
program governing such fishing practices designed 
to end or reduce such bycatch that is comparable to 
that of the United States, taking into account dif-
ferent conditions. 
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‘‘(b) CONSULTATION AND NEGOTIATION.—The Sec-
retary, acting through the Secretary of State, shall— 
‘‘(1) notify, as soon as possible, other nations 
whose vessels engage in fishing activities or practices 
described in subsection (a), about the provisions of 
this section and this Act; 
‘‘(2) initiate discussions as soon as possible 
with all foreign governments which are engaged in, 
or which have persons or companies engaged in, 
fishing activities or practices described in subsection 
(a), for the purpose of entering into bilateral and 
multilateral treaties with such countries to protect 
such species; 
‘‘(3) seek agreements calling for international 
restrictions on fishing activities or practices de-
scribed in subsection (a) through the United Na-
tions, the Food and Agriculture Organization’s Com-
mittee on Fisheries, and appropriate international 
fishery management bodies; and 
‘‘(4) initiate the amendment of any existing 
international treaty for the protection and conserva-
tion of such species to which the United States is a 
party in order to make such treaty consistent with 
the purposes and policies of this section. 
‘‘(c) CONSERVATION CERTIFICATION PROCEDURE.— 
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‘‘(1) CERTIFICATION.—The Secretary shall de-
termine, on the basis of a procedure consistent with 
the provisions of subchapter II of chapter 5 of title 
5, United States Code, and including notice and an 
opportunity for comment by the governments of any 
nation identified by the Secretary under subsection 
(a). The Secretary shall certify to the Congress by 
January 31, 2007, and biennially thereafter whether 
the government of each harvesting nation— 
‘‘(A) has provided documentary evidence of 
the adoption of a regulatory program governing 
the conservation of the protected living marine 
resource that is comparable to that of the 
United States, taking into account different 
conditions, and which, in the case of pelagic 
longline fishing, includes mandatory use of cir-
cle hooks, careful handling and release equip-
ment, and training and observer programs; and 
‘‘(B) has established a management plan 
containing requirements that will assist in gath-
ering species-specific data to support inter-
national stock assessments and conservation en-
forcement efforts for protected living marine re-
sources. 
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‘‘(2) ALTERNATIVE
PROCEDURE.—The Sec-
retary shall establish a procedure for certification, 
on a shipment-by-shipment, shipper-by-shipper, or 
other basis of fish or fish products from a vessel of 
a harvesting nation not certified under paragraph 
(1) if the Secretary determines that such imports 
were harvested by practices that do not result in by-
catch of a protected marine species, or were har-
vested 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 fish-
ing, includes mandatory use of circle hooks, 
careful handling and release equipment, and 
training and observer programs; and 
‘‘(B) include the gathering of species spe-
cific data that can be used to support inter-
national and regional stock assessments and 
conservation efforts for protected living marine 
resources. 
‘‘(3) EFFECT OF CERTIFICATION.—The provi-
sions of section 101(a) and section 101(b)(3) and 
(4) of this Act (16 U.S.C. 1826a(a), (b)(3), and 
(b)(4)) (except to the extent that such provisions 
apply to sport fishing equipment or fish or fish prod-
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ucts not caught by the vessels engaged in illegal, un-
reported, or unregulated fishing) shall apply to any 
nation identified under subsection (a) that has not 
been certified by the Secretary under this sub-
section, or for which the Secretary has issued a neg-
ative certification under this subsection, but shall 
not apply to any nation identified under subsection 
(a) for which the Secretary has issued a positive cer-
tification under this subsection. 
‘‘(d) INTERNATIONAL COOPERATION
AND ASSIST-
ANCE.—To the greatest extent possible consistent with ex-
isting 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 techniques, with those nations or organi-
zations; 
‘‘(3) encourage and facilitate the transfer of ap-
propriate technology to those nations or organiza-
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tions to assist those nations in qualifying for certifi-
cation under subsection (c); and 
‘‘(4) provide assistance to those nations or or-
ganizations in designing and implementing appro-
priate fish harvesting plans. 
‘‘(e) PROTECTED LIVING MARINE RESOURCE DE-
FINED.—In this section the term ‘protected living marine 
resource’— 
‘‘(1) means non-target fish, sea turtles, or ma-
rine mammals, that are protected under United 
States law or international agreement, including the 
Marine Mammal Protection Act of 1972, the Endan-
gered Species Act of 1973, provisions enacted by the 
Shark Finning Prohibition Act, and the Convention 
on International Trade in Endangered Species of 
Wild Flora and Fauna; but 
‘‘(2) does not include species, except sharks, 
managed under the Magnuson-Stevens Fishery Con-
servation and Management Act, the Atlantic Tunas 
Convention Act, or any international fishery man-
agement agreement.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) DENIAL
OF
PORT
PRIVILEGES.—Section 
101(b) of the High Seas Driftnet Fisheries Enforce-
ment Act (16 U.S.C. 1826a(b)) is amended by in-
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serting ‘‘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. 104. MONITORING OF PACIFIC INSULAR AREA FISH-
ERIES. 
(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 pro-
gram that the Secretary, in consultation 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 agree-
ment;’’. 
(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: 
‘‘(i) Pacific Insular Area observer 
programs, or other monitoring pro-
grams, that the Secretary determines 
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are adequate to monitor the harvest, 
bycatch, and compliance with the laws 
of the United States by foreign fish-
ing vessels that fish under Pacific In-
sular Area fishing agreements;’’. 
SEC. 105. REAUTHORIZATION OF ATLANTIC TUNAS CON-
VENTION 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 ap-
propriated 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 $5,495,000 for each of the fiscal years 
2007 through 2012. 
‘‘(b) ALLOCATION.—Of the amounts made available 
under subsection (a) for each fiscal year— 
‘‘(1) $150,000 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) $4,240,000 are authorized for research ac-
tivities under this Act and section 3 of Public Law 
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96–339 (16 U.S.C. 971i), of which $3,000,000 shall 
be for the cooperative research program under sec-
tion 
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 sub-
paragraph (I); and 
(3) by inserting after subparagraph (G) the fol-
lowing: 
‘‘(H) include a cooperative research pro-
gram on Atlantic billfish based on the South-
east Fisheries Science Center Atlantic Billfish 
Research Plan of 2002; and’’. 
SEC. 106. 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 subsection shall apply in lieu of subsection (e) to 
a fishery that the Secretary determines is overfished or 
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approaching a condition of being overfished due to exces-
sive 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— 
‘‘(1) the Secretary, in cooperation with the Sec-
retary of State, immediately take appropriate action 
at the international level to end the overfishing; and 
‘‘(2) within 1 year after the Secretary’s deter-
mination, the appropriate Council, or Secretary, for 
fisheries under section 302(a)(3) shall— 
‘‘(A) develop recommendations for domes-
tic 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 Secretary of State, and to the Congress, 
for international actions that will end over-
fishing 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.’’. 
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(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-
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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. 
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(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. 
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(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. 
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(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. 
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(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 
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‘‘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-
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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— 
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(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-
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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, 
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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-
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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— 
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(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— 
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(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; 
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(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 
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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, 
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