[Congressional Record (Bound Edition), Volume 152 (2006), Part 15]
[House]
[Pages 20208-20216]
[From the U.S. Government Publishing Office, www.gpo.gov]




STEVENS-INOUYE INTERNATIONAL FISHERIES MONITORING AND COMPLIANCE LEGACY 
                              ACT OF 2006

  Mr. PEARCE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5946) to amend 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, as 
amended.
  The Clerk read as follows:

                               H.R. 5946

       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

[[Page 20209]]

     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.

[[Page 20210]]

       ``(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

[[Page 20211]]

     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.

[[Page 20212]]

       (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.

[[Page 20213]]

       (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

[[Page 20214]]

     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

[[Page 20215]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Mexico (Mr. Pearce) and the gentleman from Wisconsin (Mr. Kind) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Mexico.
  Mr. PEARCE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 5946 is an important tool for the United States to 
use to take action against those vessels that participate in illegal, 
unreported, and unregulated fishing practices. This legislation is 
vitally important for the health of the world's fishery resources and 
for the economic well-being of the U.S. high seas and domestic fishing 
fleets. The provisions in H.R. 5946 have already been passed the Senate 
by unanimous consent as a part of S. 2012.

                              {time}  2245

  I will submit into the Record an exchange of letters with Chairman 
Thomas of the Committee on Ways and Means on the bill, and I thank him 
for his cooperation.
  I urge an ``aye'' vote on H.R. 5946.

                                         House of Representatives,


                                  Committee on Ways and Means,

                               Washington, DC, September 20, 2006.
     Hon. Richard W. Pombo,
     Chairman, Committee on Resources,
     Longworth House Office Building,
     Washington, DC.
       Dear Chairman Pombo: Thank you for your letter regarding 
     H.R. 5946, the ``Stevens-Inouye International Fisheries 
     Monitoring and Compliance Legacy Act of 2006,'' which was 
     introduced on July 27, 2006.
       As you noted, the Committee on Ways and Means maintains 
     jurisdiction over trade sanctions. H.R. 5946 includes text 
     which falls within the jurisdiction of the Committee on Ways 
     and Means. However, in order to expedite this bill for floor 
     consideration, the Committee will forgo action on this bill. 
     This is being done with the understanding that it does not in 
     any way prejudice the Committee with respect to the 
     appointment of conferees or its jurisdictional prerogatives 
     on this or similar legislation.
       I appreciate your cooperation in this matter and agree to 
     your offer to include this exchange of letters in the 
     Congressional Record during floor consideration.
           Best regards,
                                                      Bill Thomas,
     Chairman.
                                  ____

                                         House of Representatives,


                                       Committee on Resources,

                               Washington, DC, September 20, 2006.
     Hon. William M. Thomas,
     Chairman, Committee on Ways and Means, Longworth HOB, 
         Washington, DC.
       Dear Mr. Chairman: I am writing to request your cooperation 
     in scheduling H.R. 5946, the Stevens-Inouye International 
     Fisheries Monitoring and Compliance Legacy Act of 2006, for 
     action by the House of Representatives before adjournment of 
     the 109th Congress. This bill, of which I am the author, 
     amends 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. While the bill was 
     referred solely to the Committee on Resources, Title I of the 
     bill references trade sanctions from the High Seas Driftnet 
     Fisheries Enforcement Act, and I believe the Committee on 
     Ways and Means has a jurisdictional interest in these 
     provisions. They are taken almost verbatim from S. 2012, a 
     bill reauthorizing the Magnuson-Stevens Fishery Conservation 
     and Management Act, which is currently at the Speaker's desk 
     and which I understand may pose Constitutional issues because 
     of their origination in the Senate.
       I recognize that this action would not be considered as 
     precedent for any future referrals of similar measures or 
     seen as affecting your Committee's jurisdiction over the 
     subject matter of the bill. Moreover, if the bill is 
     conferenced with the Senate, I would support naming Ways and 
     Means Committee members to the conference committee. I would 
     also be pleased to include this letter and your response in 
     the Congressional Record during debate on H.R. 5946 on the 
     House Floor.
       Thank you for your assistance with this measure, and many 
     others during your distinguished tenure as Chairman of the 
     Ways and Means Committee. Angela Ellard and Steven Schrage of 
     your staff have been particularly helpful, and we appreciate 
     your efforts, as well as theirs in this regard.
           Sincerely,
                                                 Richard W. Pombo,
                                                         Chairman.

  Mr. Speaker, I reserve the balance of my time.
  Mr. KIND. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, we have no objection to this legislation. In fact, we 
support it. And I thank the chairman of our subcommittee of the 
Resources Committee for his support on this. I would encourage adoption 
and passage of this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. PEARCE. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Mexico (Mr. Pearce) that the House suspend the rules 
and pass the bill, H.R. 5946, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to amend 
the Magnuson-Stevens Fishery Conservation

[[Page 20216]]

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.''.
  A motion to reconsider was laid on the table.

                          ____________________