[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5946 Received in Senate (RDS)]
2d Session
H. R. 5946
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 28, 2006
Received
_______________________________________________________________________
AN ACT
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to authorize activities to promote improved monitoring and compliance
for high seas fisheries, or fisheries governed by international fishery
management agreements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Stevens-Inouye
International Fisheries Monitoring and Compliance Legacy Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and
Management Act.
TITLE I--INTERNATIONAL FISHERIES MONITORING AND COMPLIANCE
Sec. 101. International fisheries monitoring and compliance.
Sec. 102. Finding with respect to illegal, unreported, and unregulated
fishing.
Sec. 103. Action to end illegal, unreported, or unregulated fishing and
reduce bycatch of protected marine species.
Sec. 104. Monitoring of Pacific Insular Area fisheries.
Sec. 105. Reauthorization of Atlantic Tunas Convention Act.
Sec. 106. International overfishing and domestic equity.
Sec. 107. United States catch history.
Sec. 108. Secretarial representative for international fisheries.
TITLE II--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES
CONVENTION
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Appointment of United States Commissioners.
Sec. 204. Authority and responsibility of the Secretary of State.
Sec. 205. Rulemaking authority of the Secretary of Commerce.
Sec. 206. Enforcement.
Sec. 207. Prohibited acts.
Sec. 208. Cooperation in carrying out Convention.
Sec. 209. Territorial participation.
Sec. 210. Exclusive Economic Zone notification.
Sec. 211. Authorization of appropriations.
TITLE III--PACIFIC WHITING
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. United States representation on joint management committee.
Sec. 304. United States representation on the scientific review group.
Sec. 305. United States representation on joint technical committee.
Sec. 306. United States representation on advisory Panel.
Sec. 307. Responsibilities of the Secretary.
Sec. 308. Rulemaking.
Sec. 309. Administrative matters.
Sec. 310. Enforcement.
Sec. 311. Authorization of appropriations.
SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
TITLE I--INTERNATIONAL FISHERIES MONITORING AND COMPLIANCE
SEC. 101. INTERNATIONAL FISHERIES MONITORING AND COMPLIANCE.
(a) In General.--Title II (16 U.S.C. 1821 et seq.) is amended by
adding at the end the following:
``SEC. 207. INTERNATIONAL FISHERIES MONITORING AND COMPLIANCE.
``(a) In General.--The Secretary may undertake activities to
promote improved monitoring and compliance for high seas fisheries, or
fisheries governed by international fishery management agreements, and
to implement the requirements of this title.
``(b) Specific Authorities.--In carrying out subsection (a), the
Secretary may--
``(1) share information on harvesting and processing
capacity and illegal, unreported and unregulated fishing on the
high seas, in areas covered by international fishery management
agreements, and by vessels of other nations within the United
States exclusive economic zone, with relevant law enforcement
organizations of foreign nations and relevant international
organizations;
``(2) further develop real time information sharing
capabilities, particularly on harvesting and processing
capacity and illegal, unreported and unregulated fishing;
``(3) participate in global and regional efforts to build
an international network for monitoring, control, and
surveillance of high seas fishing and fishing under regional or
global agreements;
``(4) support efforts to create an international registry
or database of fishing vessels, including by building on or
enhancing registries developed by international fishery
management organizations;
``(5) enhance enforcement capabilities through the
application of commercial or governmental remote sensing
technology to locate or identify vessels engaged in illegal,
unreported, or unregulated fishing on the high seas, including
encroachments into the exclusive economic zone by fishing
vessels of other nations;
``(6) provide technical or other assistance to developing
countries to improve their monitoring, control, and
surveillance capabilities; and
``(7) support coordinated international efforts to ensure
that all large-scale fishing vessels operating on the high seas
are required by their flag State to be fitted with vessel
monitoring systems no later than December 31, 2008, or earlier
if so decided by the relevant flag State or any relevant
international fishery management organization.''.
(b) Clerical Amendment.--The table of contents in the first section
is amended by inserting after the item relating to section 206 the
following:
``Sec. 207. International fisheries monitoring and compliance.''.
SEC. 102. FINDING WITH RESPECT TO ILLEGAL, UNREPORTED, AND UNREGULATED
FISHING.
Section 2(a) (16 U.S.C. 1801(a)) is further amended by adding at
the end the following:
``(11) International cooperation is necessary to address
illegal, unreported, and unregulated fishing and other fishing
practices which may harm the sustainability of living marine
resources and disadvantage the United States fishing
industry.''.
SEC. 103. ACTION TO END ILLEGAL, UNREPORTED, OR UNREGULATED FISHING AND
REDUCE BYCATCH OF PROTECTED MARINE SPECIES.
(a) In General.--Title VI of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826d et seq.), is amended by
adding at the end the following:
``SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.
``The Secretary, in consultation with the Secretary of State, shall
provide to Congress, by not later than 2 years after the date of
enactment of the Stevens-Inouye International Fisheries Monitoring and
Compliance Legacy Act of 2006, and every 2 years thereafter, a report
that includes--
``(1) the state of knowledge on the status of international
living marine resources shared by the United States or subject
to treaties or agreements to which the United States is a
party, including a list of all such fish stocks classified as
overfished, overexploited, depleted, endangered, or threatened
with extinction by any international or other authority charged
with management or conservation of living marine resources;
``(2) a list of nations whose vessels have been identified
under sections 609(a) or 610(a), including the specific
offending activities and any subsequent actions taken pursuant
to section 609 or 610;
``(3) a description of efforts taken by nations on those
lists to take appropriate corrective action consistent with
sections 609 and 610, and an evaluation of the progress of
those efforts, including steps taken by the United States to
implement those sections and to improve international
compliance;
``(4) progress at the international level, consistent with
section 608, to strengthen the efforts of international fishery
management organizations to end illegal, unreported, or
unregulated fishing; and
``(5) steps taken by the Secretary at the international
level to seek adoption of international measures comparable to
those of the United States to reduce impacts of fishing and
other practices on protected living marine resources, if no
international agreement to achieve such goal exists, or if the
relevant international fishery or conservation organization has
failed to implement effective measures to end or reduce the
adverse impacts of fishing practices on such species.
``SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT
ORGANIZATIONS.
``The Secretary, in consultation with the Secretary of State, and
in cooperation with relevant fishery management councils and any
relevant advisory committees, shall take actions to improve the
effectiveness of international fishery management organizations in
conserving and managing fish stocks under their jurisdiction. These
actions shall include--
``(1) urging international fishery management organizations
to which the United States is a member--
``(A) to incorporate multilateral market-related
measures against member or nonmember governments whose
vessels engage in illegal, unreported, or unregulated
fishing;
``(B) to seek adoption of lists that identify
fishing vessels and vessel owners engaged in illegal,
unreported, or unregulated fishing that can be shared
among all members and other international fishery
management organizations;
``(C) to seek international adoption of a
centralized vessel monitoring system in order to
monitor and document capacity in fleets of all nations
involved in fishing in areas under the an international
fishery management organization's jurisdiction;
``(D) to increase use of observers and technologies
needed to monitor compliance with conservation and
management measures established by the organization,
including vessel monitoring systems and automatic
identification systems; and
``(E) to seek adoption of stronger port state
controls in all nations, particularly those nations in
whose ports vessels engaged in illegal, unreported, or
unregulated fishing land or transship fish;
``(2) urging international fishery management organizations
to which the United States is a member, as well as all members
of those organizations, to adopt and expand the use of market-
related measures to combat illegal, unreported, or unregulated
fishing, including--
``(A) import prohibitions, landing restrictions, or
other market-based measures needed to enforce
compliance with international fishery management
organization measures, such as quotas and catch limits;
``(B) import restrictions or other market-based
measures to prevent the trade or importation of fish
caught by vessels identified multilaterally as engaging
in illegal, unreported, or unregulated fishing; and
``(C) catch documentation and certification schemes
to improve tracking and identification of catch of
vessels engaged in illegal, unreported, or unregulated
fishing, including advance transmission of catch
documents to ports of entry; and
``(3) urging other nations at the appropriate bilateral,
regional, and international levels to take all steps necessary,
consistent with international law, to adopt measures and
policies that will prevent fish or other living marine
resources harvested by vessels engaged in illegal, unreported,
or unregulated fishing from being traded or imported into their
nation or territories.
``SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.
``(a) Identification.--The Secretary shall identify, and list in
the report under section 607, a nation if fishing vessels of that
nation are engaged, or have been engaged at any point during the
preceding two years in illegal, unreported, or unregulated fishing;
and--
``(1) the relevant international fishery management
organization has failed to implement effective measures to end
the illegal unreported, or unregulated fishing activity by
vessels of that nation or the nation is not a party to, or does
not maintain cooperating status with, such organization; or
``(2) where no international fishery management
organization exists with a mandate to regulate the fishing
activity in question.
``(b) Notification.--An identification under subsection (a) or
section 610(a) is deemed to be an identification under section
101(b)(1)(A) of the High Seas Driftnet Fisheries Enforcement Act (16
U.S.C. 1826a(b)(1)(A)), and the Secretary shall notify the President
and that nation of such identification.
``(c) Consultation.--No later than 60 days after submitting a
report to Congress under section 607, the Secretary, acting through the
Secretary of State, shall--
``(1) notify nations listed in the report of the
requirements of this section;
``(2) initiate consultations for the purpose of encouraging
such nations to take the appropriate corrective action with
respect to the offending activities of their fishing vessels
identified in the report; and
``(3) notify any relevant international fishery management
organization of the actions taken by the United States under
this section.
``(d) IUU Certification Procedure.--
``(1) Certification.--The Secretary shall establish a
procedure, consistent with the provisions of subchapter II of
chapter 5 of title 5, United States Code, and including notice
and an opportunity for comment by the governments of any nation
listed by the Secretary under subsection (a), for determining
if that government has taken appropriate corrective action with
respect to the offending activities of its fishing vessels
identified in the report under section 607. The Secretary shall
determine, on the basis of the procedure, and certify to the
Congress no later than 90 days after the date on which the
Secretary promulgates a final rule containing the procedure,
and biennially thereafter in the report under section 607--
``(A) whether the government of each nation
identified under subsection (b) has provided
documentary evidence that it has taken corrective
action with respect to the offending activities of its
fishing vessels identified in the report; or
``(B) whether the relevant international fishery
management organization has implemented measures that
are effective in ending the illegal, unreported, or
unregulated fishing activity by vessels of that nation.
``(2) Alternative procedure.--The Secretary may establish a
procedure for certification, on a shipment-by-shipment,
shipper-by-shipper, or other basis of fish or fish products
from a vessel of a harvesting nation not certified under
paragraph (1) if the Secretary determines that--
``(A) the vessel has not engaged in illegal,
unreported, or unregulated fishing under an
international fishery management agreement to which the
United States is a party; or
``(B) the vessel is not identified by an
international fishery management organization as
participating in illegal, unreported, or unregulated
fishing activities.
``(3) Effect of certification.--The provisions of section
101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C.
1826a(a), (b)(3), and (b)(4)) (except to the extent that such
provisions apply to sport fishing equipment or fish or products
thereof not managed under the relevant international fishery
agreement (or, where there is no such agreement, not caught by
the vessels engaged in illegal, unreported, or unregulated
fishing)) shall apply to any nation identified under subsection
(a) that has not been certified by the Secretary under this
subsection, or for which the Secretary has issued a negative
certification under this subsection, but shall not apply to any
nation identified under subsection (a) for which the Secretary
has issued a positive certification under this subsection.
``(e) Illegal, Unreported, or Unregulated Fishing Defined.--
``(1) In general.--In this Act the term `illegal,
unreported, or unregulated fishing' has the meaning established
under paragraph (2).
``(2) Secretary to define term within legislative
guidelines.--Within 3 months after the date of enactment of the
Stevens-Inouye International Fisheries Monitoring and
Compliance Legacy Act of 2006, the Secretary shall publish a
definition of the term `illegal, unreported, or unregulated
fishing' for purposes of this Act.
``(3) Guidelines.--The Secretary shall include in the
definition, at a minimum--
``(A) fishing activities that violate conservation
and management measures required under an international
fishery management agreement to which the United States
is a party, including catch limits or quotas, capacity
restrictions, and bycatch reduction requirements;
``(B) overfishing of fish stocks shared by the
United States, for which there are no applicable
international conservation or management measures or in
areas with no applicable international fishery
management organization or agreement, that has adverse
impacts on such stocks; and
``(C) fishing activity that has adverse impacts on
seamounts, hydrothermal vents, and cold water corals
located beyond national jurisdiction, for which there
are no applicable conservation or management measures
or in areas with no applicable international fishery
management organization or agreement.
``SEC. 610. EQUIVALENT CONSERVATION MEASURES.
``(a) Identification.--The Secretary shall identify, and list in
the report under section 607, a nation if--
``(1) fishing vessels of that nation are engaged, or have
been engaged during the preceding calendar year, in fishing
activities or practices--
``(A) beyond the exclusive economic zone of any
nation that result in bycatch of a protected living
marine resource; or
``(B) beyond the exclusive economic zone of the
United States that result in bycatch of a protected
living marine resource shared by the United States;
``(2) the relevant international organization for the
conservation and protection of such resources or the relevant
international or regional fishery organization has failed to
implement effective measures to end or reduce such bycatch, or
the nation is not a party to, or does not maintain cooperating
status with, such organization; and
``(3) the nation has not adopted a regulatory program
governing such fishing practices designed to end or reduce such
bycatch that is comparable to that of the United States, taking
into account different conditions.
``(b) Consultation and Negotiation.--The Secretary, acting through
the Secretary of State, shall--
``(1) notify, as soon as possible, other nations whose
vessels engage in fishing activities or practices described in
subsection (a), about the provisions of this section and this
Act;
``(2) initiate discussions as soon as possible with all
foreign governments which are engaged in, or which have persons
or companies engaged in, fishing activities or practices
described in subsection (a), for the purpose of entering into
bilateral and multilateral treaties with such countries to
protect such species;
``(3) seek agreements calling for international
restrictions on fishing activities or practices described in
subsection (a) through the United Nations, the Food and
Agriculture Organization's Committee on Fisheries, and
appropriate international fishery management bodies; and
``(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species to
which the United States is a party in order to make such treaty
consistent with the purposes and policies of this section.
``(c) Conservation Certification Procedure.--
``(1) Certification.--The Secretary shall determine, on the
basis of a procedure consistent with the provisions of
subchapter II of chapter 5 of title 5, United States Code, and
including notice and an opportunity for comment by the
governments of any nation identified by the Secretary under
subsection (a). The Secretary shall certify to the Congress by
January 31, 2007, and biennially thereafter whether the
government of each harvesting nation--
``(A) has provided documentary evidence of the
adoption of a regulatory program governing the
conservation of the protected living marine resource
that is comparable to that of the United States, taking
into account different conditions, and which, in the
case of pelagic longline fishing, includes mandatory
use of circle hooks, careful handling and release
equipment, and training and observer programs; and
``(B) has established a management plan containing
requirements that will assist in gathering species-
specific data to support international stock
assessments and conservation enforcement efforts for
protected living marine resources.
``(2) Alternative procedure.--The Secretary shall establish
a procedure for certification, on a shipment-by-shipment,
shipper-by-shipper, or other basis of fish or fish products
from a vessel of a harvesting nation not certified under
paragraph (1) if the Secretary determines that such imports
were harvested by practices that do not result in bycatch of a
protected marine species, or were harvested by practices that--
``(A) are comparable to those of the United States,
taking into account different conditions, and which, in
the case of pelagic longline fishing, includes
mandatory use of circle hooks, careful handling and
release equipment, and training and observer programs;
and
``(B) include the gathering of species specific
data that can be used to support international and
regional stock assessments and conservation efforts for
protected living marine resources.
``(3) Effect of certification.--The provisions of section
101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C.
1826a(a), (b)(3), and (b)(4)) (except to the extent that such
provisions apply to sport fishing equipment or fish or fish
products not caught by the vessels engaged in illegal,
unreported, or unregulated fishing) shall apply to any nation
identified under subsection (a) that has not been certified by
the Secretary under this subsection, or for which the Secretary
has issued a negative certification under this subsection, but
shall not apply to any nation identified under subsection (a)
for which the Secretary has issued a positive certification
under this subsection.
``(d) International Cooperation and Assistance.--To the greatest
extent possible consistent with existing authority and the availability
of funds, the Secretary shall--
``(1) provide appropriate assistance to nations identified
by the Secretary under subsection (a) and international
organizations of which those nations are members to assist
those nations in qualifying for certification under subsection
(c);
``(2) undertake, where appropriate, cooperative research
activities on species statistics and improved harvesting
techniques, with those nations or organizations;
``(3) encourage and facilitate the transfer of appropriate
technology to those nations or organizations to assist those
nations in qualifying for certification under subsection (c);
and
``(4) provide assistance to those nations or organizations
in designing and implementing appropriate fish harvesting
plans.
``(e) Protected Living Marine Resource Defined.--In this section
the term `protected living marine resource'--
``(1) means non-target fish, sea turtles, or marine
mammals, that are protected under United States law or
international agreement, including the Marine Mammal Protection
Act of 1972, the Endangered Species Act of 1973, provisions
enacted by the Shark Finning Prohibition Act, and the
Convention on International Trade in Endangered Species of Wild
Flora and Fauna; but
``(2) does not include species, except sharks, managed
under the Magnuson-Stevens Fishery Conservation and Management
Act, the Atlantic Tunas Convention Act, or any international
fishery management agreement.''.
(b) Conforming Amendments.--
(1) Denial of port privileges.--Section 101(b) of the High
Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(b)) is
amended by inserting ``or illegal, unreported, or unregulated
fishing`` after ``fishing`` in paragraph (1)(A)(i), paragraph
(1)(B), paragraph (2), and paragraph (4)(A)(i).
(2) Duration of denial.--Section 102 of the High Seas
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826b) is amended
by inserting ``or illegal, unreported, or unregulated fishing''
after ``fishing''.
SEC. 104. MONITORING OF PACIFIC INSULAR AREA FISHERIES.
(a) Waiver Authority.--Section 201(h)(2)(B) (16 U.S.C.
1821(h)(2)(B)) is amended by striking ``that is at least equal in
effectiveness to the program established by the Secretary;'' and
inserting ``or other monitoring program that the Secretary, in
consultation with the Western Pacific Management Council, determines is
adequate to monitor harvest, bycatch, and compliance with the laws of
the United States by vessels fishing under the agreement;''.
(b) Marine Conservation Plans.--Section 204(e)(4)(A)(i) (16 U.S.C.
1824(e)(4)(A)(i)) is amended to read as follows:
``(i) Pacific Insular Area observer
programs, or other monitoring programs,
that the Secretary determines are
adequate to monitor the harvest,
bycatch, and compliance with the laws
of the United States by foreign fishing
vessels that fish under Pacific Insular
Area fishing agreements;''.
SEC. 105. REAUTHORIZATION OF ATLANTIC TUNAS CONVENTION ACT.
(a) In General.--Section 10 of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971h) is amended to read as follows:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to the
Secretary to carry out this Act, including use for payment of the
United States share of the joint expenses of the Commission as provided
in Article X of the Convention $5,495,000 for each of the fiscal years
2007 through 2012.
``(b) Allocation.--Of the amounts made available under subsection
(a) for each fiscal year--
``(1) $150,000 are authorized for the advisory committee
established under section 4 of this Act and the species working
groups established under section 4A of this Act; and
``(2) $4,240,000 are authorized for research activities
under this Act and section 3 of Public Law 96-339 (16 U.S.C.
971i), of which $3,000,000 shall be for the cooperative
research program under section 3(b)(2)(H) of that section (16
U.S.C. 971i(b)(2)(H).''.
(b) Atlantic Billfish Cooperative Research Program.--Section
3(b)(2) of Public Law 96-339 (16 U.S.C. 971i(b)(2)) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(G);
(2) by redesignating subparagraph (H) as subparagraph (I);
and
(3) by inserting after subparagraph (G) the following:
``(H) include a cooperative research program on
Atlantic billfish based on the Southeast Fisheries
Science Center Atlantic Billfish Research Plan of 2002;
and''.
SEC. 106. INTERNATIONAL OVERFISHING AND DOMESTIC EQUITY.
(a) International Overfishing.--Section 304 (16 U.S.C. 1854) is
amended by adding at the end thereof the following:
``(i) International Overfishing.--The provisions of this subsection
shall apply in lieu of subsection (e) to a fishery that the Secretary
determines is overfished or approaching a condition of being overfished
due to excessive international fishing pressure, and for which there
are no management measures to end overfishing under an international
agreement to which the United States is a party. For such fisheries--
``(1) the Secretary, in cooperation with the Secretary of
State, immediately take appropriate action at the international
level to end the overfishing; and
``(2) within 1 year after the Secretary's determination,
the appropriate Council, or Secretary, for fisheries under
section 302(a)(3) shall--
``(A) develop recommendations for domestic
regulations to address the relative impact of fishing
vessels of the United States on the stock and, if
developed by a Council, the Council shall submit such
recommendations to the Secretary; and
``(B) develop and submit recommendations to the
Secretary of State, and to the Congress, for
international actions that will end overfishing in the
fishery and rebuild the affected stocks, taking into
account the relative impact of vessels of other nations
and vessels of the United States on the relevant
stock.''.
(b) Highly Migratory Species Tagging Research.--Section 304(g)(2)
(16 U.S.C. 1854(g)(2)) is amended by striking ``(16 U.S.C. 971d)'' and
inserting ``(16 U.S.C. 971d), or highly migratory species harvested in
a commercial fishery managed by a Council under this Act or the Western
and Central Pacific Fisheries Convention Implementation Act,''.
SEC. 107. UNITED STATES CATCH HISTORY.
In establishing catch allocations under international fisheries
agreements, the Secretary of Commerce, in consultation with the
Secretary of the Department in which the Coast Guard is operating, and
the Secretary of State, shall ensure that all catch history in a
fishery associated with a vessel of the United States remains with the
United States in that fishery, and is not transferred or credited to
any other nation or vessel of such nation, including when a vessel of
the United States is sold or transferred to a citizen of another nation
or to an entity controlled by citizens of another nation.
SEC. 108. SECRETARIAL REPRESENTATIVE FOR INTERNATIONAL FISHERIES.
(a) In General.--The Secretary of Commerce, in consultation with
the Under Secretary of Commerce for Oceans and Atmosphere, shall
designate a Senate-confirmed, senior official within the National
Oceanic and Atmospheric Administration to perform the duties of the
Secretary with respect to international agreements involving fisheries
and other living marine resources, including policy development and
representation as a U.S. Commissioner, under any such international
agreements.
(b) Advice.--The designated official shall, in consultation with
the Deputy Assistant Secretary for International Affairs and the
Administrator of the National Marine Fisheries Service, advise the
Secretary, Undersecretary of Commerce for Oceans and Atmosphere, and
other senior officials of the Department of Commerce and the National
Oceanic and Atmospheric Administration on development of policy on
international fisheries conservation and management matters.
(c) Consultation.--The designated official shall consult with the
Senate Committee on Commerce, Science, and Transportation and the House
Committee on Resources on matters pertaining to any regional or
international negotiation concerning living marine resources, including
shellfish, including before initialing any agreement concerning living
marine resources or attending any official meeting at which management
measures will be discussed, and shall otherwise keep the committees
informed throughout the negotiation process.
(d) Delegation.--The designated official may delegate and authorize
successive re-delegation of such functions, powers, and duties to such
officers and employees of the National Oceanic and Atmospheric
Administration as deemed necessary to discharge the responsibility of
the Office.
TITLE II--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES
CONVENTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Western and Central Pacific
Fisheries Convention Implementation Act''.
SEC. 202. DEFINITIONS.
In this title:
(1) 1982 convention.--The term ``1982 Convention'' means
the United Nations Convention on the Law of the Sea of 10
December 1982.
(2) Agreement.--The term ``Agreement'' means the Agreement
for the Implementation of the Provisions of the United Nations
Convention on the Law of the Sea of 10 December 1982 relating
to the Conservation and Management of Straddling Fish Stocks
and Highly Migratory Fish Stocks.
(3) Commission.--The term ``Commission'' means the
Commission for the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific Ocean
established in accordance with this Convention.
(4) Convention area.--The term ``convention area'' means
all waters of the Pacific Ocean bounded to the south and to the
east by the following line:
From the south coast of Australia due south along the 141th
meridian of east longitude to its intersection with the 55th
parallel of south latitude; thence due east along the 55th
parallel of south latitude to its intersection with the 150th
meridian of east longitude; thence due south along the 150th
meridian of east longitude to its intersection with the 60th
parallel of south latitude; thence due east along the 60th
parallel of south latitude to its intersection with the 130th
meridian of west longitude; thence due north along the 130th
meridian of west longitude to its intersection with the 4th
parallel of south latitude; thence due west along the 4th
parallel of south latitude to its intersection with the 150th
meridian of west longitude; thence due north along the 150th
meridian of west longitude.
(5) Exclusive economic zone.--The term ``exclusive economic
zone'' means the zone established by Presidential Proclamation
Numbered 5030 of March 10, 1983.
(6) Fishing.--The term ``fishing'' means:
(A) searching for, catching, taking, or harvesting
fish.
(B) attempting to search for, catch, take, or
harvest fish.
(C) engaging in any other activity which can
reasonably be expected to result in the locating,
catching, taking, or harvesting of fish for any
purpose.
(D) placing, searching for, or recovering fish
aggregating devices or associated electronic equipment
such as radio beacons.
(E) any operations at sea directly in support of,
or in preparation for, any activity described in
subparagraphs (A) through (D), including transshipment.
(F) use of any other vessel, vehicle, aircraft, or
hovercraft, for any activity described in subparagraphs
(A) through (E) except for emergencies involving the
health and safety of the crew or the safety of a
vessel.
(7) Fishing vessel.--The term ``fishing vessel'' means any
vessel used or intended for use for the purpose of fishing,
including support ships, carrier vessels, and any other vessel
directly involved in such fishing operations.
(8) Highly migratory fish stocks.--The term ``highly
migratory fish stocks'' means all fish stocks of the species
listed in Annex 1 of the 1982 Convention occurring in the
Convention Area, and such other species of fish as the
Commission may determine.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(10) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, and any other commonwealth, territory, or possession of
the United States.
(11) Transhipment.--The term ``transshipment'' means the
unloading of all or any of the fish on board a fishing vessel
to another fishing vessel either at sea or in port.
(12) WCPCF convention; western and central pacific
convention.--The terms ``WCPCF Convention'' and ``Western and
Central Pacific Convention'' means the Convention on the
Conservation and Management of the Highly Migratory Fish Stocks
in the Western and Central Pacific Ocean, with Annexes, which
was adopted at Honolulu, Hawaii, on September 5, 2000, by the
Multilateral High Level Conference on the Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean.
SEC. 203. APPOINTMENT OF UNITED STATES COMMISSIONERS.
(a) In General.--The United States shall be represented on the
Commission by 5 United States Commissioners. The President shall
appoint individuals to serve on the Commission at the pleasure of the
President. In making the appointments, the President shall select
Commissioners from among individuals who are knowledgeable or
experienced concerning highly migratory fish stocks in the Western and
Central Pacific Ocean, one of whom shall be an officer or employee of
the Department of Commerce, and one of whom shall be a member of either
the Pacific Fishery Management Council or Western Pacific Fishery
Management Council. Each appointment shall coordinate with the other
Council to ensure that the jurisdictional concerns of both Councils are
addressed. The Commissioners shall be entitled to adopt such rules of
procedures as they find necessary and to select a chairman from among
members who are officers or employees of the United States Government.
(b) Alternate Commissioners.--The Secretary of State, in
consultation with the Secretary, may designate from time to time and
for periods of time deemed appropriate Alternate United States
Commissioners to the Commission. Any Alternate United States
Commissioner may exercise at any meeting of the Commission, Council,
any Panel, or the advisory committee established pursuant to subsection
(d), all powers and duties of a United States Commissioner in the
absence of any Commissioner appointed pursuant to subsection (a) of
this section for whatever reason. The number of such Alternate United
States Commissioners that may be designated for any such meeting shall
be limited to the number of United States Commissioners appointed
pursuant to subsection (a) of this section who will not be present at
such meeting.
(c) Administrative Matters.--
(1) Employment status.--Individuals serving as such
Commissioners, other than officers or employees of the United
States Government, shall be considered to be Federal employees
while performing such service, only for purposes of--
(A) injury compensation under chapter 81 of title
5, United States Code;
(B) tort claims liability as provided under chapter
171 of title 28 United States Code;
(C) requirements concerning ethics, conflicts of
interest, and corruption as provided under title 18,
United States Code; and
(D) any other criminal or civil statute or
regulation governing the conduct of Federal employees.
(2) Compensation.--The United States Commissioners or
Alternate Commissioners, although officers of the United States
while so serving, shall receive no compensation for their
services as such Commissioners or Alternate Commissioners.
(3) Travel expenses.--
(A) The Secretary of State shall pay the necessary
travel expenses of United States Commissioners and
Alternate United States Commissioners in accordance
with the Federal Travel Regulations and sections 5701,
5702, 5704 through 5708, and 5731 of title 5, United
States Code.
(B) The Secretary of Commerce may reimburse the
Secretary of State for amounts expended by the
Secretary of State under this subsection.
(d) Advisory Committees.--
(1) Establishment of permanent advisory committee.--
(A) Membership.--There is established an advisory
committee that shall be composed of--
(i) not less than 15 nor more than 20
individuals appointed by the United States
Commissioners appointed under section 203, who
shall select such individuals from the various
groups concerned with the fisheries covered by
the WCPFC Convention, providing, to the maximum
extent practicable, an equitable balance among
such groups;
(ii) the chairs of the Pacific Fishery
Management Council and the Western Pacific
Fishery Management Council's fishing industry
Advisory Committees or such a chair's designee;
and
(iii) officials of the fisheries management
authorities of American Samoa, Guam, and the
Northern Mariana Islands (or their designees).
(B) Terms and privileges.--Each member of the
advisory committee appointed under subparagraph (A)
shall serve for a term of 2 years and shall be eligible
for reappointment. Members of the advisory committee
may attend all public meetings of the Commission,
Council, or any Panel to which they are invited by the
Commission, Council, or any Panel. The advisory
committee shall be invited to attend all non-executive
meetings of the United States Commissioners and at such
meetings shall be given opportunity to examine and to
be heard on all proposed programs of investigation,
reports, recommendations, and regulations of the
Commission.
(C) Procedures.--The advisory committee established
by subparagraph (A) shall determine its organization,
and prescribe its practices and procedures for carrying
out its functions under this chapter, the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.), and the WCPFC Convention. The
advisory committee shall publish and make available to
the public a statement of its organization, practices,
and procedures. A majority of the members of the
advisory committee shall constitute a quorum. Meetings
of the advisory committee, except when in executive
session, shall be open to the public, and prior notice
of meetings shall be made public in a timely fashion.
and the advisory committee shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
(D) Provision of information.--The Secretary and
the Secretary of State shall furnish the advisory
committee with relevant information concerning
fisheries and international fishery agreements.
(2) Administrative matters.--
(A) Support services.--The Secretary shall provide
to advisory committees in a timely manner such
administrative and technical support services as are
necessary for their effective functioning.
(B) Compensation; status; expenses.--Individuals
appointed to serve as a member of an advisory
committee--
(i) shall serve without pay, but while away
from their homes or regular places of business
in the performance of services for the advisory
committee shall be allowed travel expenses,
including per diem in lieu of subsistence, in
the same manner as persons employed
intermittently in the Government service are
allowed expenses under section 5703 of title 5,
United States Code; and
(ii) shall not be considered Federal
employees by reason of their service as members
of an advisory committee, except for purposes
of injury compensation or tort claims liability
as provided in chapter 81 of title 5, United
States Code, and chapter 171 of title 28,
United States Code.
(e) Memorandum of Understanding.--For highly migratory species in
the Pacific, the Secretary, in coordination with the Secretary of
State, shall develop a memorandum of understanding with the Western
Pacific, Pacific, and North Pacific Fishery Management Councils, that
specifies the role of the relevant Council or Councils with respect
to--
(1) participation in United States delegations to
international fishery organizations in the Pacific Ocean,
including government-to-government consultations;
(2) providing formal recommendations to the Secretary and
the Secretary of State regarding necessary measures for both
domestic and foreign vessels fishing for these species;
(3) coordinating positions with the United States
delegation for presentation to the appropriate international
fishery organization; and
(4) recommending those domestic fishing regulations that
are consistent with the actions of the international fishery
organization, for approval and implementation under the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.)
SEC. 204. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF STATE.
The Secretary of State may--
(1) receive and transmit, on behalf of the United States,
reports, requests, recommendations, proposals, decisions, and
other communications of and to the Commission;
(2) in consultation with the Secretary of Commerce and the
United States Commissioners, approve, disapprove, object to, or
withdraw objections to bylaws and rules, or amendments thereof,
adopted by the WCPFC Commission, and, with the concurrence of
the Secretary of Commerce to approve or disapprove the general
annual program of the WCPFC Commission with respect to
conservation and management measures and other measures
proposed or adopted in accordance with the WCPFC Convention;
and
(3) act upon, or refer to other appropriate authority, any
communication referred to in paragraph (1).
SEC. 205. RULEMAKING AUTHORITY OF THE SECRETARY OF COMMERCE.
(a) Promulgation of Regulations.--The Secretary of Commerce, in
consultation with the Secretary of State and, with respect to
enforcement measures, the Secretary of the department in which the
Coast Guard is operating, is authorized to promulgate such regulations
as may be necessary to carry out the United States international
obligations under the WCPFC Convention and this title, including
recommendations and decisions adopted by the Commission. In cases where
the Secretary of Commerce has discretion in the implementation of one
or more measures adopted by the Commission that would govern fisheries
under the authority of a Regional Fishery Management Council, the
Secretary may, to the extent practicable within the implementation
schedule of the WCPFC Convention and any recommendations and decisions
adopted by the Commission, promulgate such regulations in accordance
with the procedures established by the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
(b) Additions to Fishery Regimes and Regulations.--The Secretary of
Commerce may promulgate regulations under this title applicable to all
vessels and persons subject to the jurisdiction of the United States,
including United States flag vessels wherever they may be operating, on
such date as the Secretary shall prescribe.
SEC. 206. ENFORCEMENT.
(a) In General.--The Secretary of Commerce may--
(1) administer and enforce this title and any regulations
issued under this title, except to the extent otherwise
provided for in this Act;
(2) request and utilize on a reimbursed or non-reimbursed
basis the assistance, services, personnel, equipment, and
facilities of other Federal departments and agencies in--
(A) the administration and enforcement of this
title; and
(B) the conduct of scientific, research, and other
programs under this title;
(3) conduct fishing operations and biological experiments
for purposes of scientific investigation or other purposes
necessary to implement the WCPFC Convention;
(4) collect, utilize, and disclose such information as may
be necessary to implement the WCPFC Convention, subject to
sections 552 and 552a of title 5, United States Code, and
section 402(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881a(b));
(5) if recommended by the United States Commissioners or
proposed by a Council with authority over the relevant fishery,
assess and collect fees, not to exceed three percent of the ex-
vessel value of fish harvested by vessels of the United States
in fisheries managed pursuant to this title, to recover the
actual costs to the United States of management and enforcement
under this title, which shall be deposited as an offsetting
collection in, and credited to, the account providing
appropriations to carry out the functions of the Secretary
under this title; and
(6) issue permits to owners and operators of United States
vessels to fish in the convention area seaward of the United
States Exclusive Economic Zone, under such terms and conditions
as the Secretary may prescribe, and shall remain valid for a
period to be determined by the Secretary.
(b) Consistency With Other Laws.--The Secretary shall ensure the
consistency, to the extent practicable, of fishery management programs
administered under this Act, the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.), the Tuna Conventions Act
(16 U.S.C. 951 et seq.), the South Pacific Tuna Act (16 U.S.C. 973 et
seq.), section 401 of Public Law 108-219 (16 U.S.C. 1821 note)
(relating to Pacific albacore tuna), and the Atlantic Tunas Convention
Act (16 U.S.C. 971).
(c) Actions by the Secretary.--The Secretary shall prevent any
person from violating this title in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857) were incorporated into
and made a part of this title. Any person that violates any provision
of this title is subject to the penalties and entitled to the
privileges and immunities provided in the Magnuson-Stevens Fishery
Conservation and Management Act in the same manner, by the same means,
and with the same jurisdiction, power, and duties as though all
applicable terms and provisions of that Act were incorporated into and
made a part of this title.
(d) Confidentiality.--
(1) In general.--Any information submitted to the Secretary
in compliance with any requirement under this Act shall be
confidential and shall not be disclosed, except--
(A) to Federal employees who are responsible for
administering, implementing, and enforcing this Act;
(B) to the Commission, in accordance with
requirements in the Convention and decisions of the
Commission, and, insofar as possible, in accordance
with an agreement with the Commission that prevents
public disclosure of the identity or business of any
person;
(C) to State or Marine Fisheries Commission
employees pursuant to an agreement with the Secretary
that prevents public disclosure of the identity or
business or any person;
(D) when required by court order; or
(E) when the Secretary has obtained written
authorization from the person submitting such
information to release such information to persons for
reasons not otherwise provided for in this subsection,
and such release does not violate other requirements of
this Act.
(2) Use of information.--The Secretary shall, by
regulation, prescribe such procedures as may be necessary to
preserve the confidentiality of information submitted in
compliance with any requirement or regulation under this Act,
except that the Secretary may release or make public any such
information in any aggregate or summary form that does not
directly or indirectly disclose the identity or business of any
person. Nothing in this subsection shall be interpreted or
construed to prevent the use for conservation and management
purposes by the Secretary of any information submitted in
compliance with any requirement or regulation under this Act.
SEC. 207. PROHIBITED ACTS.
(a) In General.--It is unlawful for any person--
(1) to violate any provision of this title or any
regulation or permit issued pursuant to this title;
(2) to use any fishing vessel to engage in fishing after
the revocation, or during the period of suspension, or an
applicable permit issued pursuant to this title;
(3) to refuse to permit any officer authorized to enforce
the provisions of this title to board a fishing vessel subject
to such person's control for the purposes of conducting any
search, investigation, or inspection in connection with the
enforcement of this title or any regulation, permit, or the
Convention;
(4) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized officer in
the conduct of any search, investigations, or inspection in
connection with the enforcement of this title or any
regulation, permit, or the Convention;
(5) to resist a lawful arrest for any act prohibited by
this title;
(6) to ship, transport, offer for sale, sell, purchase,
import, export, or have custody, control, or possession of, any
fish taken or retained in violation of this title or any
regulation, permit, or agreement referred to in paragraph (1)
or (2);
(7) to interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that such
other person has committed any chapter prohibited by this
section;
(8) to knowingly and willfully submit to the Secretary
false information (including false information regarding the
capacity and extent to which a United States fish processor, on
an annual basis, will process a portion of the optimum yield of
a fishery that will be harvested by fishery vessels of the
United States), regarding any matter that the Secretary is
considering in the course of carrying out this title;
(9) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with any
observer one a vessel under this title, or any data collector
employed by the National Marine Fisheries Service or under
contract to any person to carry out responsibilities under this
title;
(10) to engage in fishing in violation of any regulation
adopted pursuant to section 206(a) of this title;
(11) to ship, transport, purchase, sell, offer for sale,
import, export, or have in custody, possession, or control any
fish taken or retained in violation of such regulations;
(12) to fail to make, keep, or furnish any catch returns,
statistical records, or other reports as are required by
regulations adopted pursuant to this title to be made, kept, or
furnished;
(13) to fail to stop a vessel upon being hailed and
instructed to stop by a duly authorized official of the United
States;
(14) to import, in violation of any regulation adopted
pursuant to section 206(a) of this title, any fish in any form
of those species subject to regulation pursuant to a
recommendation, resolution, or decision of the Commission, or
any tuna in any form not under regulation but under
investigation by the Commission, during the period such fish
have been denied entry in accordance with the provisions of
section 206(a) of this title.
(b) Entry Certification.--In the case of any fish described in
subsection (a) offered for entry into the United States, the Secretary
of Commerce shall require proof satisfactory to the Secretary that such
fish is not ineligible for such entry under the terms of section 206(a)
of this title.
SEC. 208. COOPERATION IN CARRYING OUT CONVENTION.
(a) Federal and State Agencies; Private Institutions and
Organizations.--The Secretary of Commerce may cooperate with agencies
of the United States government, any public or private institutions or
organizations within the United States or abroad, and, through the
Secretary of State, the duly authorized officials of the government of
any party to the WCPFC Convention, in carrying out responsibilities
under this title.
(b) Scientific and Other Programs; Facilities and Personnel.--All
Federal agencies are authorized, upon the request of the Secretary of
Commerce, to cooperate in the conduct of scientific and other programs
and to furnish facilities and personnel for the purpose of assisting
the Commission in carrying out its duties under the WCPFC Convention.
(c) Sanctioned Fishing Operations and Fisheries Experiments.--
Nothing in this title, or in the laws or regulations of any State,
prevents the Secretary or the Commission from--
(1) conducting or authorizing the conduct of fishing
operations and fisheries experiments at any time for purposes
of scientific investigation; or
(2) discharging any other duties prescribed by the WCPFC
Convention.
(d) State Jurisdiction Not Affected.--Except as provided in
subsection (e) of this section, nothing in this title shall be
construed to diminish or to increase the jurisdiction of any State in
the territorial sea of the United States.
(e) Application of Regulations.--
(1) In general.--regulations promulgated under section
206(a) of this title shall apply within the boundaries of any
State bordering on the Convention area if the Secretary has
provided notice to such State, the State does not request an
agency hearing, and the Secretary determines that the State--
(A) has not, within a reasonable period of time
after the promulgation of regulations pursuant to this
title, enacted laws or promulgated regulations that
implement the recommendations of the Commission within
the boundaries of such State; or
(B) has enacted laws or promulgated regulations
that implement the recommendations of the commission
within the boundaries of such State that--
(i) are less restrictive that the
regulations promulgated under section 206(a) of
this title; or
(ii) are not effectively enforced.
(2) Determination by secretary.--The regulations
promulgated pursuant to section 206(a) of this title shall
apply until the Secretary determines that the State is
effectively enforcing within its boundaries measures that are
not less restrictive than the regulations promulgated under
section 206(a) of this title.
(3) Hearing.--If a State requests a formal agency hearing,
the Secretary shall not apply the regulations promulgated
pursuant section 206(a) of this title within that State's
boundaries unless the hearing record supports a determination
under paragraph (1)(A) or (B).
(f) Review of State Laws and Regulations.--To ensure that the
purposes of subsection (e) are carried out, the Secretary of Commerce
shall undertake a continuing review of the laws and regulations of all
States to which subsection (e) applies or may apply and the extent to
which such laws and regulations are enforced.
SEC. 209. TERRITORIAL PARTICIPATION.
The Secretary of State shall ensure participation in the Commission
and its subsidiary bodies by American Samoa, Guam, and the Northern
Mariana Islands to the same extent provided to the territories of other
nations.
SEC. 210. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.
Masters of commercial fishing vessels of nations fishing for
species under the management authority of the Western and Central
Pacific Fisheries Convention that do not carry vessel monitoring
systems capable of communicating with United States enforcement
authorities shall, prior to, or as soon as reasonably possible after,
entering and transiting the Exclusive Economic Zone seaward of Hawaii
and of the Commonwealths, territories, and possessions of the United
States in the Pacific Ocean area--
(1) notify the Coast Guard or the National Marine Fisheries
Service Office of Law Enforcement in the appropriate region of
the name, flag state, location, route, and destination of the
vessel and of the circumstances under which it will enter
United States waters;
(2) ensure that all fishing gear on board the vessel is
stowed below deck or otherwise removed from the place where it
is normally used for fishing and placed where it is not readily
available for fishing; and
(3) if requested by an enforcement officer, proceed to a
specified location so that a vessel inspection can be
conducted.
SEC. 211. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of Commerce
$1,000,000 for each of the fiscal years 2007 through 2012 to carry out
this title and to pay the United States' contribution to the Commission
under section 5 of part III of the WCPFC Convention.
TITLE III--PACIFIC WHITING
SEC. 301. SHORT TITLE.
This title may be cited as the ``Pacific Whiting Act of 2006''.
SEC. 302. DEFINITIONS.
In this title:
(1) Advisory panel.--The term ``advisory panel'' means the
Advisory Panel on Pacific Hake/Whiting established by the
Agreement.
(2) Agreement.--The term ``Agreement'' means the Agreement
between the Government of the United States and the Government
of Canada on Pacific Hake/Whiting, signed at Seattle,
Washington, on November 21, 2003.
(3) Catch.--The term ``catch'' means all fishery removals
from the offshore whiting resource, including landings,
discards, and bycatch in other fisheries.
(4) Joint management committee.--The term ``joint
management committee'' means the joint management committee
established by the Agreement.
(5) Joint technical committee.--The term ``joint technical
committee'' means the joint technical committee established by
the Agreement.
(6) Offshore whiting resource.--The term ``offshore whiting
resource'' means the transboundary stock of Merluccius
productus that is located in the offshore waters of the United
States and Canada except in Puget Sound and the Strait of
Georgia.
(7) Scientific review group.--The term ``scientific review
group'' means the scientific review group established by the
Agreement.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(9) United states section.--The term ``United States
Section'' means the United States representatives on the joint
management committee.
SEC. 303. UNITED STATES REPRESENTATION ON JOINT MANAGEMENT COMMITTEE.
(a) Representatives.--
(1) In general.--The Secretary, in consultation with the
Secretary of State, shall appoint 4 individuals to represent
the United States as the United States Section on the joint
management committee. In making the appointments, the Secretary
shall select representatives from among individuals who are
knowledgeable or experienced concerning the offshore whiting
resource. Of these--
(A) 1 shall be an official of the National Oceanic
and Atmospheric Administration;
(B) 1 shall be a member of the Pacific Fishery
Management Council, appointed with consideration given
to any recommendation provided by that Council;
(C) 1 shall be appointed from a list submitted by
the treaty Indian tribes with treaty fishing rights to
the offshore whiting resource; and
(D) 1 shall be appointed from the commercial sector
of the whiting fishing industry concerned with the
offshore whiting resource.
(2) Term of office.--Each representative appointed under
paragraph (1) shall be appointed for a term not to exceed 4
years, except that, of the initial appointments, 2
representatives shall be appointed for terms of 2 years. Any
individual appointed to fill a vacancy occurring prior to the
expiration of the term of office of that individual's
predecessor shall be appointed for the remainder of that term.
A representative may be appointed for a term of less than 4
years if such term is necessary to ensure that the term of
office of not more than 2 representatives will expire in any
single year. An individual appointed to serve as a
representative is eligible for reappointment.
(3) Chair.--Unless otherwise agreed by all of the 4
representatives, the chair shall rotate annually among the 4
members, with the order of rotation determined by lot at the
first meeting.
(b) Alternate Representatives.--The Secretary, in consultation with
the Secretary of State, may designate alternate representatives of the
United States to serve on the joint management committee. An
alternative representative may exercise, at any meeting of the
committee, all the powers and duties of a representative in the absence
of a duly designated representative for whatever reason.
SEC. 304. UNITED STATES REPRESENTATION ON THE SCIENTIFIC REVIEW GROUP.
(a) In General.--The Secretary, in consultation with the Secretary
of State, shall appoint no more than 2 scientific experts to serve on
the scientific review group. An individual shall not be eligible to
serve on the scientific review group while serving on the joint
technical committee.
(b) Term.--An individual appointed under subsection (a) shall be
appointed for a term of not to exceed 4 years, but shall be eligible
for reappointment. An individual appointed to fill a vacancy occurring
prior to the expiration of a term of office of that individual's
predecessor shall be appointed to serve for the remainder of that term.
(c) Joint Appointments.--In addition to individuals appointed under
subsection (a), the Secretary, jointly with the Government of Canada,
may appoint to the scientific review group, from a list of names
provided by the advisory panel --
(1) up to 2 independent members of the scientific review
group; and
(2) 2 public advisors.
SEC. 305. UNITED STATES REPRESENTATION ON JOINT TECHNICAL COMMITTEE.
(a) Scientific Experts.--
(1) In general.--The Secretary, in consultation with the
Secretary of State, shall appoint at least 6 but not more than
12 individuals to serve as scientific experts on the joint
technical committee, at least 1 of whom shall be an official of
the National Oceanic and Atmospheric Administration.
(2) Term of office.--An individual appointed under
paragraph (1) shall be appointed for a term of not to exceed 4
years, but shall be eligible for reappointment. An individual
appointed to fill a vacancy occurring prior to the expiration
of the term of office of that individual's predecessor shall be
appointed for the remainder of that term.
(b) Independent Member.--In addition to individuals appointed under
subsection (a), the Secretary, jointly with the Government of Canada,
shall appoint 1 independent member to the joint technical committee
selected from a list of names provided by the advisory panel.
SEC. 306. UNITED STATES REPRESENTATION ON ADVISORY PANEL.
(a) In General.--
(1) Appointment.--The Secretary, in consultation with the
Secretary of State, shall appoint at least 6 but not more than
12 individuals to serve as members of the advisory panel,
selected from among individuals who are--
(A) knowledgeable or experienced in the harvesting,
processing, marketing, management, conservation, or
research of the offshore whiting resource; and
(B) not employees of the United States.
(2) Term of office.--An individual appointed under
paragraph (1) shall be appointed for a term of not to exceed 4
years, but shall be eligible for reappointment. An individual
appointed to fill a vacancy occurring prior to the expiration
of the term of office of that individual's predecessor shall be
appointed for the remainder of that term.
SEC. 307. RESPONSIBILITIES OF THE SECRETARY.
(a) In General.--The Secretary is responsible for carrying out the
Agreement and this title, including the authority, to be exercised in
consultation with the Secretary of State, to accept or reject, on
behalf of the United States, recommendations made by the joint
management committee.
(b) Regulations; Cooperation With Canadian Officials.--In
exercising responsibilities under this title, the Secretary--
(1) may promulgate such regulations as may be necessary to
carry out the purposes and objectives of the Agreement and this
title; and
(2) with the concurrence of the Secretary of State, may
cooperate with officials of the Canadian Government duly
authorized to carry out the Agreement.
SEC. 308. RULEMAKING.
(a) Application With Magnuson-Stevens Act.--The Secretary shall
establish the United States catch level for Pacific whiting according
to the standards and procedures of the Agreement and this title rather
than under the standards and procedures of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), except to the
extent necessary to address the rebuilding needs of other species.
Except for establishing the catch level, all other aspects of Pacific
whiting management shall be--
(1) subject to the Magnuson-Stevens Fishery Conservation
and Management Act; and
(2) consistent with this title.
(b) Joint Management Committee Recommendations.--For any year in
which both parties to the Agreement approve recommendations made by the
joint management committee with respect to the catch level, the
Secretary shall implement the approved recommendations. Any regulation
promulgated by the Secretary to implement any such recommendation shall
apply, as necessary, to all persons and all vessels subject to the
jurisdiction of the United States wherever located.
(c) Years With No Approved Catch Recommendations.--If the parties
to the Agreement do not approve the joint management committee's
recommendation with respect to the catch level for any year, the
Secretary shall establish the total allowable catch for Pacific whiting
for the United States catch. In establishing the total allowable catch
under this subsection, the Secretary shall--
(1) take into account any recommendations from the Pacific
Fishery Management Council, the joint management committee, the
joint technical committee, the scientific review group, and the
advisory panel;
(2) base the total allowable catch on the best scientific
information available;
(3) use the default harvest rate set out in paragraph 1 of
Article III of the Agreement unless the Secretary determines
that the scientific evidence demonstrates that a different rate
is necessary to sustain the offshore whiting resource; and
(4) establish the United State's share of the total
allowable catch based on paragraph 2 of Article III of the
Agreement and make any adjustments necessary under section 5 of
Article II of the Agreement.
SEC. 309. ADMINISTRATIVE MATTERS.
(a) Employment Status.--Individuals serving as such Commissioners,
other than officers or employees of the United States Government, shall
be considered to be Federal employees while performing such service,
only for purposes of--
(1) injury compensation under chapter 81 of title 5, United
States Code;
(2) tort claims liability as provided under chapter 171 of
title 28 United States Code;
(3) requirements concerning ethics, conflicts of interest,
and corruption as provided under title 18, United States Code;
and
(4) any other criminal or civil statute or regulation
governing the conduct of Federal employees.
(b) Compensation.--
(1) In general.--Except as provided in paragraph (2), an
individual appointed under this title shall receive no
compensation for the individual's service as a representative,
alternate representative, scientific expert, or advisory panel
member under this title.
(2) Scientific review group.--Notwithstanding paragraph
(1), the Secretary may employ and fix the compensation of an
individual appointed under section 304(a) to serve as a
scientific expert on the scientific review group who is not
employed by the United States government, a State government,
or an Indian tribal government in accordance with section 3109
of title 5, United States Code.
(c) Travel Expenses.--Except as provided in subsection (d), the
Secretary shall pay the necessary travel expenses of individuals
appointed under this title in accordance with the Federal Travel
Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of
title 5, United States Code.
(d) Joint Appointees.--With respect to the 2 independent members of
the scientific review group and the 2 public advisors to the scientific
review group jointly appointed under section 304(c), and the 1
independent member to the joint technical committee jointly appointed
under section 305(b), the Secretary may pay up to 50 percent of--
(1) any compensation paid to such individuals; and
(2) the necessary travel expenses of such individuals.
SEC. 310. ENFORCEMENT.
(a) In General.--The Secretary may--
(1) administer and enforce this title and any regulations
issued under this title;
(2) request and utilize on a reimbursed or non-reimbursed
basis the assistance, services, personnel, equipment, and
facilities of other Federal departments and agencies in the
administration and enforcement of this title; and
(3) collect, utilize, and disclose such information as may
be necessary to implement the Agreement and this title, subject
to sections 552 and 552a of title 5, United States Code.
(b) Prohibited Acts.--It is unlawful for any person to violate any
provision of this title or the regulations promulgated under this
title.
(c) Actions by the Secretary.--The Secretary shall prevent any
person from violating this title in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857) were incorporated into
and made a part of this title. Any person that violates any provision
of this title is subject to the penalties and entitled to the
privileges and immunities provided in the Magnuson-Stevens Fishery
Conservation and Management Act in the same manner, by the same means,
and with the same jurisdiction, power, and duties as though all
applicable terms and provisions of that Act were incorporated into and
made a part of this title.
(d) Penalties.--This title shall be enforced by the Secretary as if
a violation of this title or of any regulation promulgated by the
Secretary under this title were a violation of section 307 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1857).
SEC. 311. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary $1,000,000
for each of the fiscal years 2007 through 2012 to carry out the
obligations of the United States under the Agreement and this title.
Passed the House of Representatives September 27, 2006.
Attest:
KAREN L. HAAS,
Clerk.