[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5946 Engrossed in House (EH)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                H. R. 5946

_______________________________________________________________________

                                 AN ACT


 
 To amend the Magnuson-Stevens Fishery Conservation 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Stevens-Inouye 
International Fisheries Monitoring and Compliance Legacy Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and 
                            Management Act.
       TITLE I--INTERNATIONAL FISHERIES MONITORING AND COMPLIANCE

Sec. 101. International fisheries monitoring and compliance.
Sec. 102. Finding with respect to illegal, unreported, and unregulated 
                            fishing.
Sec. 103. Action to end illegal, unreported, or unregulated fishing and 
                            reduce bycatch of protected marine species.
Sec. 104. Monitoring of Pacific Insular Area fisheries.
Sec. 105. Reauthorization of Atlantic Tunas Convention Act.
Sec. 106. International overfishing and domestic equity.
Sec. 107. United States catch history.
Sec. 108. Secretarial representative for international fisheries.
   TITLE II--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES 
                               CONVENTION

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Appointment of United States Commissioners.
Sec. 204. Authority and responsibility of the Secretary of State.
Sec. 205. Rulemaking authority of the Secretary of Commerce.
Sec. 206. Enforcement.
Sec. 207. Prohibited acts.
Sec. 208. Cooperation in carrying out Convention.
Sec. 209. Territorial participation.
Sec. 210. Exclusive Economic Zone notification.
Sec. 211. Authorization of appropriations.
                       TITLE III--PACIFIC WHITING

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. United States representation on joint management committee.
Sec. 304. United States representation on the scientific review group.
Sec. 305. United States representation on joint technical committee.
Sec. 306. United States representation on advisory Panel.
Sec. 307. Responsibilities of the Secretary.
Sec. 308. Rulemaking.
Sec. 309. Administrative matters.
Sec. 310. Enforcement.
Sec. 311. Authorization of appropriations.

SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND 
              MANAGEMENT ACT.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).

       TITLE I--INTERNATIONAL FISHERIES MONITORING AND COMPLIANCE

SEC. 101. INTERNATIONAL FISHERIES MONITORING AND COMPLIANCE.

    (a) In General.--Title II (16 U.S.C. 1821 et seq.) is amended by 
adding at the end the following:

``SEC. 207. INTERNATIONAL FISHERIES MONITORING AND COMPLIANCE.

    ``(a) In General.--The Secretary may undertake activities to 
promote improved monitoring and compliance for high seas fisheries, or 
fisheries governed by international fishery management agreements, and 
to implement the requirements of this title.
    ``(b) Specific Authorities.--In carrying out subsection (a), the 
Secretary may--
            ``(1) share information on harvesting and processing 
        capacity and illegal, unreported and unregulated fishing on the 
        high seas, in areas covered by international fishery management 
        agreements, and by vessels of other nations within the United 
        States exclusive economic zone, with relevant law enforcement 
        organizations of foreign nations and relevant international 
        organizations;
            ``(2) further develop real time information sharing 
        capabilities, particularly on harvesting and processing 
        capacity and illegal, unreported and unregulated fishing;
            ``(3) participate in global and regional efforts to build 
        an international network for monitoring, control, and 
        surveillance of high seas fishing and fishing under regional or 
        global agreements;
            ``(4) support efforts to create an international registry 
        or database of fishing vessels, including by building on or 
        enhancing registries developed by international fishery 
        management organizations;
            ``(5) enhance enforcement capabilities through the 
        application of commercial or governmental remote sensing 
        technology to locate or identify vessels engaged in illegal, 
        unreported, or unregulated fishing on the high seas, including 
        encroachments into the exclusive economic zone by fishing 
        vessels of other nations;
            ``(6) provide technical or other assistance to developing 
        countries to improve their monitoring, control, and 
        surveillance capabilities; and
            ``(7) support coordinated international efforts to ensure 
        that all large-scale fishing vessels operating on the high seas 
        are required by their flag State to be fitted with vessel 
        monitoring systems no later than December 31, 2008, or earlier 
        if so decided by the relevant flag State or any relevant 
        international fishery management organization.''.
    (b) Clerical Amendment.--The table of contents in the first section 
is amended by inserting after the item relating to section 206 the 
following:

``Sec. 207. International fisheries monitoring and compliance.''.

SEC. 102. FINDING WITH RESPECT TO ILLEGAL, UNREPORTED, AND UNREGULATED 
              FISHING.

    Section 2(a) (16 U.S.C. 1801(a)) is further amended by adding at 
the end the following:
            ``(11) International cooperation is necessary to address 
        illegal, unreported, and unregulated fishing and other fishing 
        practices which may harm the sustainability of living marine 
        resources and disadvantage the United States fishing 
        industry.''.

SEC. 103. ACTION TO END ILLEGAL, UNREPORTED, OR UNREGULATED 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 COMPLIANCE.

    ``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 International Fisheries Monitoring and 
Compliance Legacy Act of 2006, and every 2 years thereafter, a report 
that includes--
            ``(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, overexploited, depleted, endangered, or threatened 
        with extinction by any international or other authority charged 
        with management or conservation of living marine resources;
            ``(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 consistent with 
        sections 609 and 610, and an evaluation of the progress of 
        those efforts, including steps taken by the United States to 
        implement those sections and to improve international 
        compliance;
            ``(4) progress at the international level, consistent 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 international 
        level to seek adoption of 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 agreement 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 
                measures against member or nonmember governments whose 
                vessels engage in illegal, unreported, or unregulated 
                fishing;
                    ``(B) to seek adoption of lists that identify 
                fishing vessels 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 the 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 
                identification 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 
                measures 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, including advance transmission of catch 
                documents to ports of entry; and
            ``(3) urging other nations at the appropriate bilateral, 
        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 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 two years in illegal, unreported, or unregulated fishing; 
and--
            ``(1) the relevant international fishery management 
        organization has failed to implement effective measures to end 
        the illegal unreported, or unregulated fishing activity by 
        vessels 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 
        organization 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 President 
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 
        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 establish 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 nation 
                identified under subsection (b) 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 
                unregulated fishing activity by vessels of that nation.
            ``(2) Alternative procedure.--The Secretary 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 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.--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 products 
        thereof not managed under the relevant international 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 `illegal, 
        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 International Fisheries Monitoring and 
        Compliance Legacy 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 
        definition, at a minimum--
                    ``(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 
                restrictions, and bycatch reduction requirements;
                    ``(B) overfishing of fish stocks shared by the 
                United States, for which there are no applicable 
                international conservation 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 adverse impacts 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 
                management organization or agreement.

``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 organization 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 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 Organization's Committee on Fisheries, and 
        appropriate international 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) Certification.--The Secretary shall determine, 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 circle hooks, careful handling and release 
                equipment, and training and observer programs; and
                    ``(B) has established a management plan containing 
                requirements that will assist in gathering species-
                specific data to support international stock 
                assessments and conservation enforcement efforts for 
                protected living marine resources.
            ``(2) Alternative procedure.--The Secretary 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 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.
            ``(3) 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, 
        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.
    ``(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 
        techniques, 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 of 1972, the Endangered 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 Conservation and Management 
        Act, the Atlantic Tunas Convention Act, or any international 
        fishery management agreement.''.
    (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. 104. 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 
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 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:
                                    ``(i) Pacific Insular Area observer 
                                programs, or other monitoring 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. 105. 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 $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 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 program 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''.

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 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--
            ``(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 
                Secretary 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. 107. UNITED STATES CATCH HISTORY.

    In establishing catch allocations under international fisheries 
agreements, the Secretary of Commerce, 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 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 INTERNATIONAL FISHERIES.

    (a) In General.--The Secretary of Commerce, 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 international 
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 Commerce 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, including before initialing any agreement concerning living 
marine resources or attending any official meeting at which management 
measures will be discussed, and shall otherwise keep the committees 
informed throughout the negotiation process.
    (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.

   TITLE II--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES 
                               CONVENTION

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 Convention'' 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 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 economic 
        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.
                    (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 
                aggregating 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.
                    (F) use of any other vessel, vehicle, aircraft, 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 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 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 ``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) 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 Migratory Fish Stocks 
        in the Western and Central Pacific Ocean, with Annexes, 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. 203. 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 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 Commissioners 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 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 Commissioner 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 designated 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) tort claims liability as provided under chapter 
                171 of title 28 United States Code;
                    (C) requirements concerning ethics, conflicts 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 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 
                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 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 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 fisheries covered by 
                        the WCPFC Convention, providing, to the maximum 
                        extent practicable, an equitable balance among 
                        such groups;
                            (ii) the chairs of the Pacific Fishery 
                        Management Council and the Western Pacific 
                        Fishery Management Council's fishing industry 
                        Advisory Committees or such a chair's designee; 
                        and
                            (iii) officials of the fisheries management 
                        authorities of American Samoa, Guam, and the 
                        Northern Mariana Islands (or their designees).
                    (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. 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 advisory 
                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, 
                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 committee 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 international fishery agreements.
            (2) Administrative matters.--
                    (A) Support services.--The Secretary shall provide 
                to advisory committees in a timely manner such 
                administrative 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 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 coordination with the Secretary of 
State, shall develop a memorandum of understanding with the Western 
Pacific, Pacific, 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 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. 204. 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 of Commerce and the 
        United States Commissioners, approve, disapprove, object to, or 
        withdraw objections to bylaws and rules, or amendments thereof, 
        adopted by the WCPFC Commission, and, with the concurrence 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 
        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. 205. RULEMAKING AUTHORITY OF THE SECRETARY OF COMMERCE.

    (a) Promulgation of Regulations.--The Secretary of Commerce, in 
consultation with the Secretary of State and, with respect to 
enforcement measures, the Secretary of the department in which the 
Coast Guard is operating, is authorized to promulgate such regulations 
as may be necessary to carry out the United States international 
obligations under the WCPFC Convention and this title, including 
recommendations and decisions adopted 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 decisions 
adopted by the Commission, 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 of 
Commerce may promulgate regulations under this title 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.

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 extent 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 departments 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 experiments 
        for purposes of scientific investigation or other purposes 
        necessary 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 conditions 
        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 management 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.--
            (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 responsible for 
                administering, implementing, and enforcing this Act;
                    (B) to the Commission, in accordance with 
                requirements in the Convention and decisions of the 
                Commission, and, insofar as possible, in accordance 
                with an agreement with the Commission that prevents 
                public disclosure of the identity or business of any 
                person;
                    (C) to State or Marine Fisheries Commission 
                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 written 
                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 requirement 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 
        compliance 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 fishing after 
        the revocation, or during the period of suspension, 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 purposes of conducting any 
        search, investigation, or inspection 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 officer 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 prohibited by 
        this title;
            (6) to ship, transport, offer for sale, sell, purchase, 
        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 information 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 fishery that will be harvested by fishery vessels of the 
        United States), regarding any matter that the Secretary 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 regulation 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 Institutions and 
Organizations.--The Secretary of Commerce may cooperate with agencies 
of the United States government, any public or private institutions or 
organizations 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 cooperate in the conduct of scientific and other programs 
and to furnish facilities and personnel for the purpose of assisting 
the Commission in carrying out its duties under the WCPFC Convention.
    (c) Sanctioned Fishing Operations and Fisheries 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 Convention 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 pursuant to this 
                title, enacted laws or promulgated regulations that 
                implement the recommendations of the Commission within 
                the boundaries of such State; or
                    (B) has enacted laws or promulgated regulations 
                that implement the recommendations of the commission 
                within the boundaries of such State that--
                            (i) are less restrictive that the 
                        regulations promulgated under section 206(a) of 
                        this title; or
                            (ii) are not effectively enforced.
            (2) Determination by secretary.--The regulations 
        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 paragraph (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 continuing review of the laws and regulations of all 
States to which subsection (e) applies or may apply and the extent 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 fishing for 
species under the management authority of the Western and Central 
Pacific Fisheries Convention that do not carry vessel monitoring 
systems capable of communicating 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 possessions of the United 
States in the Pacific Ocean area--
            (1) notify the Coast Guard or the National Marine Fisheries 
        Service Office of Law Enforcement in the appropriate region of 
        the name, flag state, location, 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 fishing; and
            (3) if requested by an enforcement officer, proceed to a 
        specified location so that a vessel inspection can be 
        conducted.

SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary 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, 
        Washington, on November 21, 2003.
            (3) Catch.--The term ``catch'' means all fishery removals 
        from the offshore whiting resource, including landings, 
        discards, and bycatch in other fisheries.
            (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 technical 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 consultation with the 
        Secretary of State, shall appoint 4 individuals to represent 
        the United States as the United States Section on the joint 
        management committee. In making the appointments, the 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 provided by that Council;
                    (C) 1 shall be appointed from a list submitted by 
                the treaty Indian tribes with treaty fishing rights to 
                the offshore whiting resource; and
                    (D) 1 shall be appointed from the commercial sector 
                of the whiting fishing industry concerned with the 
                offshore whiting resource.
            (2) Term of office.--Each representative appointed under 
        paragraph (1) shall be appointed for a term not to exceed 4 
        years, except that, of the initial appointments, 2 
        representatives shall be appointed for terms of 2 years. Any 
        individual appointed to fill a vacancy occurring prior to the 
        expiration of the term of office of that individual's 
        predecessor shall be appointed for the remainder of that term. 
        A representative may be appointed for a term of less than 4 
        years if such term is necessary to ensure that the term of 
        office of not more than 2 representatives will expire in any 
        single year. An individual appointed to serve as a 
        representative is eligible for reappointment.
            (3) Chair.--Unless otherwise agreed by all of the 4 
        representatives, the chair shall rotate annually among the 4 
        members, with the order of rotation determined 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 representative may exercise, at any meeting of the 
committee, all the powers and duties of a representative in the absence 
of a duly designated representative for whatever reason.

SEC. 304. UNITED STATES REPRESENTATION ON THE SCIENTIFIC 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 committee.
    (b) Term.--An individual appointed under subsection (a) shall be 
appointed for a term of not to exceed 4 years, but shall be eligible 
for reappointment. An individual appointed to fill a vacancy occurring 
prior to the expiration of a term of office of that individual's 
predecessor shall be appointed to serve for the remainder of that term.
    (c) Joint Appointments.--In addition to individuals appointed under 
subsection (a), the Secretary, jointly with the Government of Canada, 
may appoint to the scientific review group, from a list of names 
provided by the advisory panel --
            (1) up to 2 independent members of the scientific review 
        group; and
            (2) 2 public advisors.

SEC. 305. UNITED STATES REPRESENTATION ON JOINT TECHNICAL COMMITTEE.

    (a) Scientific Experts.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of State, shall appoint at least 6 but not more than 
        12 individuals to serve as scientific experts on the joint 
        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 reappointment. An individual 
        appointed to fill a vacancy occurring prior to the expiration 
        of the term of office of that individual's predecessor shall be 
        appointed for the remainder of that term.
    (b) Independent Member.--In addition to individuals appointed under 
subsection (a), the Secretary, jointly with the Government of Canada, 
shall appoint 1 independent member to the joint technical committee 
selected from a list of names provided by the advisory panel.

SEC. 306. UNITED STATES REPRESENTATION ON ADVISORY PANEL.

    (a) In General.--
            (1) Appointment.--The Secretary, in consultation with the 
        Secretary of State, shall appoint at least 6 but not more than 
        12 individuals to serve as members of the advisory panel, 
        selected from among individuals who are--
                    (A) knowledgeable or experienced in the harvesting, 
                processing, marketing, management, conservation, or 
                research of the offshore whiting resource; and
                    (B) not employees of the United States.
            (2) Term of office.--An individual appointed under 
        paragraph (1) shall be appointed for a term of not to exceed 4 
        years, but shall be eligible for reappointment. An individual 
        appointed to fill a vacancy occurring prior to the expiration 
        of the term of office of that individual's predecessor shall be 
        appointed for the remainder of that term.

SEC. 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 Secretary of State, to accept or reject, on 
behalf of the United States, recommendations made by the joint 
management committee.
    (b) Regulations; Cooperation With Canadian Officials.--In 
exercising responsibilities under this title, the Secretary--
            (1) may promulgate such regulations as may be necessary to 
        carry out the purposes and objectives of the Agreement and this 
        title; and
            (2) with the concurrence of the Secretary of State, may 
        cooperate with officials of the Canadian Government duly 
        authorized to carry out the Agreement.

SEC. 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 procedures of the Agreement and this title rather 
than under the standards and procedures of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.), except to the 
extent necessary to address the rebuilding needs of other species. 
Except for establishing 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 Recommendations.--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 recommendations. Any regulation 
promulgated by the Secretary to implement any such recommendation shall 
apply, as necessary, to all persons and all vessels subject to the 
jurisdiction of the United States wherever located.
    (c) Years With No Approved Catch Recommendations.--If the parties 
to the Agreement do not approve the joint management committee's 
recommendation with respect to the catch level for any year, the 
Secretary shall establish the total allowable catch for Pacific whiting 
for the United States catch. In establishing the total allowable catch 
under this subsection, the Secretary shall--
            (1) take into account any recommendations from the Pacific 
        Fishery Management Council, the joint management committee, the 
        joint technical committee, the scientific review group, and the 
        advisory panel;
            (2) base the total allowable catch on the best scientific 
        information available;
            (3) use the default harvest rate set out in paragraph 1 of 
        Article III of the Agreement unless the Secretary determines 
        that the scientific evidence demonstrates that a different rate 
        is necessary to sustain the offshore whiting resource; and
            (4) establish the United State's share of the total 
        allowable catch based on paragraph 2 of Article III of the 
        Agreement and make any adjustments necessary under section 5 of 
        Article II of the Agreement.

SEC. 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 chapter 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 regulation 
        governing the conduct of Federal employees.
    (b) Compensation.--
            (1) In general.--Except as provided in paragraph (2), an 
        individual appointed under this title shall receive no 
        compensation for the individual's service as a representative, 
        alternate representative, scientific expert, or advisory panel 
        member under this title.
            (2) Scientific review group.--Notwithstanding paragraph 
        (1), the Secretary may employ and fix the compensation of an 
        individual appointed under section 304(a) to serve as a 
        scientific expert on the scientific review group who is not 
        employed by the United States government, a State government, 
        or an Indian tribal government in accordance with section 3109 
        of title 5, United States Code.
    (c) Travel Expenses.--Except as provided in subsection (d), the 
Secretary shall pay the necessary travel expenses of individuals 
appointed under this title in accordance with the Federal Travel 
Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of 
title 5, United States Code.
    (d) Joint Appointees.--With respect to the 2 independent members of 
the scientific review group and the 2 public advisors to the scientific 
review group jointly appointed under section 304(c), and the 1 
independent member to the joint technical committee jointly appointed 
under section 305(b), the Secretary may pay up to 50 percent of--
            (1) any compensation paid to such individuals; and
            (2) the necessary travel expenses of such individuals.

SEC. 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 departments and agencies in the 
        administration and enforcement of this title; and
            (3) collect, utilize, and disclose such information as may 
        be necessary to implement the Agreement and this title, subject 
        to sections 552 and 552a of title 5, United States Code.
    (b) Prohibited Acts.--It is unlawful for any person to violate any 
provision of this title or the regulations promulgated under this 
title.
    (c) Actions by the Secretary.--The Secretary shall prevent any 
person from violating this title in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857) were incorporated into 
and made a part of this title. Any person that violates any provision 
of this title is subject to the penalties and entitled to the 
privileges and immunities provided in the Magnuson-Stevens Fishery 
Conservation and Management Act in the same manner, by the same means, 
and with the same jurisdiction, power, and duties as though all 
applicable terms and 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 violation of section 307 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1857).

SEC. 311. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary $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 Conservation 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.