    [Public Papers of the Presidents of the United States: George W. Bush (2007, Book I)]
    [January 12, 2007]
    [Page 29]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Magnuson-Stevens Fishery Conservation and
    Management Reauthorization Act of 2006
    January 12, 2007

        Today, I have signed into law H.R. 5946, the ``Magnuson-Stevens
    Fishery Conservation and Management Reauthorization Act of 2006.'' The
    Act sets a firm deadline to end overfishing in America; contributes to
    replenishing America's fish stocks; strengthens enforcement of America's
    fishing laws; and implements international agreements on fishery
    management and the protection of polar bears.
        The executive branch shall construe provisions of the Act that
    purport to direct or burden the conduct of negotiations by the executive
    branch with foreign governments or international organizations in a
    manner consistent with the President's constitutional authority to
    conduct the Nation's foreign affairs, including the authority to
    determine which officers shall negotiate for the United States with a
    foreign country, when, in consultation with whom, and toward what
    objectives, and to supervise the unitary executive branch. Such
    provisions include subsections 609(c) and 610(b) of the High Seas
    Driftnet Fishing Moratorium Protection Act, as enacted by section 403 of
    the Act; section 408 of the Act; and section 505 of the Marine Mammal
    Protection Act of 1972, as enacted by section 902 of the Act.
        Subsection 505(a) of the Marine Mammal Protection Act of 1972, as
    enacted by section 902 of the Act, purports to condition the authority
    granted to the President to make appointments upon prior consideration
    of recommendations from particular sources and purports to limit the
    qualifications of the pool of persons from whom the President may select
    appointees in a manner that rules out a large portion of those persons
    best qualified by experience and knowledge to fill the positions. Also,
    provisions of the Act, such as section 303A(c)(6)(D)(i) of the Magnuson-
    Stevens Fishery Conservation and Management Act, as enacted by section
    106 of the Act, purport to give significant governmental authority of
    the United States to individuals who are not appointed in accordance
    with the Appointments Clause of the Constitution. The executive branch
    shall construe these provisions in a manner consistent with the
    Appointments Clause.
        The executive branch shall construe section 510 of the Act, relating
    to notifications regarding certain entry and transit of specified
    portions of the United States Exclusive Economic Zone, in a manner
    consistent, to the maximum extent permissible, with treaties to which
    the United States is a party and other international obligations of the
    United States.

                                                              George W. Bush

    The White House,

    January 12, 2007.

    Note: H.R. 5946, approved January 12, was assigned Public Law No. 109-
    479.