[Weekly Compilation of Presidential Documents Volume 43, Number 2 (Monday, January 15, 2007)]
[Pages 31-32]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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

[[Page 32]]

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.