Western and Central Pacific Fisheries Convention Implementation Act

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16 USC Ch. 88: WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION
From Title 16—CONSERVATION

CHAPTER 88—WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION
Sec.

6901.
6902.
6903.
6904.
6905.
6906.
6907.
6908.
6909.
6909a.
6910.

Definitions.
Appointment of United States Commissioners.
Authority and responsibility of the Secretary of State.
Rulemaking authority of the Secretary of Commerce.
Enforcement.
Prohibited acts.
Cooperation in carrying out convention.
Territorial participation.
Exclusive Economic Zone notification.
United States conservation, management, and enforcement objectives.
Authorization of appropriations.

§6901. Definitions
In this chapter:
(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; and
(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.
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(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, except sauries, occurring in the Convention Area,1 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) WCPFC Convention; Western and Central Pacific Convention
The terms "WCPFC 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,
(including any annexes, amendments, or protocols which are in force, or have come into force, for the United States)
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.
(Pub. L. 109–479, title V, §502, Jan. 12, 2007, 120 Stat. 3635.)
Editorial Notes

References in Text
Presidential Proclamation Numbered 5030, referred to in par. (5), is Proc. No. 5030, Mar. 10, 1983, 48
F.R. 10605, which is set out as a note under section 1453 of this title.
Statutory Notes and Related Subsidiaries

Short Title
Pub. L. 109–479, title V, §501, Jan. 12, 2007, 120 Stat. 3635, provided that: "This title [enacting this
chapter] may be cited as the 'Western and Central Pacific Fisheries Convention Implementation Act'."
1 So in original. Probably should not be capitalized.

§6902. 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 and commercial fishing 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 the chairman or a member of the
Western Pacific Fishery Management Council, and one of whom shall be the chairman or a member of the Pacific
Fishery Management Council. 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
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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 not be considered Federal employees except for the purposes of injury compensation or tort claims liability as
provided in chapter 81 of title 5 and chapter 171 of title 28.
(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.
(B) The Secretary 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 which shall be composed of—
(i) not less than 15 nor more than 20 individuals appointed by the Secretary of Commerce in consultation with
the United States Commissioners, 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 chair of the Western Pacific Fishery Management Council's Advisory Committee or the 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. 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,1 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.2 and the advisory committee shall not be subject to chapter 10 of title 5.
(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.
(E) Agenda recommendations
No later than 30 days before each annual meeting of the Commission, the Advisory Committee shall transmit to
the United States Commissioners recommendations relating to the agenda of the annual meeting. The
recommendations must be agreed to by a majority of the Advisory Committee members. The United States
Commissioners shall consider such recommendations, along with additional views transmitted by Advisory
Committee members, in the formulation of the United States position for the Commission meeting and during the
negotiations at that meeting.
(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
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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; and
(ii) shall not be considered Federal employees except for the purposes of injury compensation or tort claims
liability as provided in chapter 81 of title 5 and chapter 171 of title 28.
(f) 3 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
clarifies 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.)
(Pub. L. 109–479, title V, §503, Jan. 12, 2007, 120 Stat. 3636; Pub. L. 111–348, title III, §301, Jan. 4, 2011, 124 Stat.
3672; Pub. L. 114–327, title III, §301(a)(1), Dec. 16, 2016, 130 Stat. 1993; Pub. L. 117–286, §4(a)(133), Dec. 27, 2022,
136 Stat. 4320.)
Editorial Notes

References in Text
This chapter, referred to in subsec. (d)(1)(C), probably should have been "this title" in the original,
meaning title V of Pub. L. 109–479 which enacted this chapter.
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsecs. (d)(1)(C)
and (f)(4), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§1801
et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under
section 1801 of this title and Tables.

Amendments
2022—Subsec. (d)(1)(C). Pub. L. 117–286 substituted "chapter 10 of title 5." for "the Federal Advisory
Committee Act (5 U.S.C. App.)."
2016—Subsec. (a). Pub. L. 114–327, §301(a)(1)(A), inserted "and commercial fishing" after "fish stocks".
Subsec. (d)(1)(E). Pub. L. 114–327, §301(a)(1)(B), added subpar. (E).
2011—Subsec. (a). Pub. L. 111–348, §301(1), substituted "Management Council, and one of whom shall
be the chairman or a member of" for "Management Council and".
Subsec. (c)(1). Pub. L. 111–348, §301(2), added par. (1) and struck out former par. (1). Prior to
amendment, text read as follows: "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;
"(B) requirements concerning ethics, conflicts of interest, and corruption as provided under title 18;
and
"(C) any other criminal or civil statute or regulation governing the conduct of Federal employees."
Subsec. (d)(2)(B)(ii). Pub. L. 111–348, §301(3), added cl. (ii) and struck out former cl. (ii) which read as
follows: "shall be considered Federal employees while performing service as members of an advisory
committee only for purposes of—
"(I) injury compensation under chapter 81 of title 5;
"(II) requirements concerning ethics, conflicts-of-interest, and corruption, as provided by title 18;
and
"(III) any other criminal or civil statute or regulation governing the conduct of Federal employees in
their capacity as Federal employees."
1 See References in Text note below.
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2 So in original. The period probably should be a comma.
3 So in original. No subsec. (e) has been enacted.

§6903. 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 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 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).
(Pub. L. 109–479, title V, §504, Jan. 12, 2007, 120 Stat. 3639.)

§6904. Rulemaking authority of the Secretary of Commerce
(a) Promulgation of regulations
The Secretary, 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 chapter,
including recommendations and decisions adopted by the Commission. In cases where the Secretary 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 may promulgate regulations 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.
(Pub. L. 109–479, title V, §505, Jan. 12, 2007, 120 Stat. 3639.)
Editorial Notes

References in Text
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a), is Pub.
L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§1801 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title
and Tables.

§6905. Enforcement
(a) In general
The Secretary may—
(1) administer and enforce this chapter and any regulations issued under this chapter, 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 chapter; and
(B) the conduct of scientific, research, and other programs under this chapter;
(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 and section 402(b) of the Magnuson-Stevens Fishery Conservation and
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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 chapter, to recover the actual costs to the United States of
management and enforcement under this chapter, 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 chapter; 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 [et seq.]).
(c) Additional prohibitions and enforcement
For additional prohibitions relating to this chapter and enforcement of this chapter, see section 1826g 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.
(Pub. L. 109–479, title V, §506, Jan. 12, 2007, 120 Stat. 3640; Pub. L. 114–81, title I, §105(1), Nov. 5, 2015, 129 Stat.
657.)
Editorial Notes

References in Text
This Act, referred to in subsecs. (a)(1), (b), and (d), is Pub. L. 109–479, Jan. 12, 2007, 120 Stat. 3575,
known as the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006.
For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under
section 1801 of this title and Tables.
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b), is Pub.
L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§1801 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title
and Tables.
The Tuna Conventions Act, referred to in subsec. (b), probably means the Tuna Conventions Act of
1950, act Sept. 7, 1950, ch. 907, 64 Stat. 777, which is classified generally to chapter 16 (§951 et seq.) of
this title. For complete classification of this Act to the Code, see Short Title note set out under section 951
of this title and Tables.
The South Pacific Tuna Act, referred to in subsec. (b), probably means the South Pacific Tuna Act of
1988, Pub. L. 100–330, June 7, 1988, 102 Stat. 591, which is classified generally to chapter 16C (§973 et
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seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under
section 973 of this title and Tables.
The Atlantic Tunas Convention Act, referred to in subsec. (b), probably means the Atlantic Tunas
Convention Act of 1975, Pub. L. 94–70, Aug. 5, 1975, 89 Stat. 385, which is classified generally to chapter
16A (§971 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 971 of this title and Tables.

Amendments
2015—Pub. L. 114–81 amended subsec. (c) generally. Prior to amendment, text read as follows: "The
Secretary shall prevent any person from violating this chapter 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 chapter. Any person that violates any provision of this chapter 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 chapter."

§6906. Prohibited acts
(a) In general
It is unlawful for any person—
(1) to violate any provision of this chapter or any regulation or permit issued pursuant to this chapter;
(2) to use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, of an
applicable permit issued pursuant to this chapter;
(3) to refuse to permit any officer authorized to enforce the provisions of this chapter 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 chapter 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 chapter or any
regulation, permit, or the Convention;
(5) to resist a lawful arrest for any act prohibited by this chapter;
(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 chapter 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 1 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 chapter;
(9) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a
vessel under this chapter, or any data collector employed by the National Marine Fisheries Service or under contract
to any person to carry out responsibilities under this chapter;
(10) to engage in fishing in violation of any regulation adopted pursuant to section 6905(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 chapter 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 6905(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 6905(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 6905(a) of this title.
(Pub. L. 109–479, title V, §507, Jan. 12, 2007, 120 Stat. 3641; Pub. L. 114–81, title I, §105(2), Nov. 5, 2015, 129 Stat.
657.)
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Editorial Notes

Amendments
2015—Subsec. (a)(2). Pub. L. 114–81 substituted "suspension, of" for "suspension, on".
1 So in original.

§6907. Cooperation in carrying out convention
(a) Federal and State agencies; private institutions and organizations
The Secretary may cooperate with agencies of the United States government,1 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 chapter.
(b) Scientific and other programs; facilities and personnel
All Federal agencies are authorized, upon the request of the Secretary, 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 biological experiments
Nothing in this chapter, 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 biological 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 chapter 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 6905(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 chapter,
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 2 the regulations promulgated under section 6905(a) of this title; or
(ii) are not effectively enforced.
(2) Determination by Secretary
The regulations promulgated pursuant to section 6905(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 6905(a) of this title.
(3) Hearing
If a State requests a formal agency hearing, the Secretary shall not apply the regulations promulgated pursuant 3
section 6905(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 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.
(Pub. L. 109–479, title V, §508, Jan. 12, 2007, 120 Stat. 3642.)
1 So in original. Probably should be capitalized.
2 So in original. Probably should be "than".
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3 So in original. Probably should be followed by "to".

§6908. 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.
(Pub. L. 109–479, title V, §509, Jan. 12, 2007, 120 Stat. 3643.)

§6909. 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 United States 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) where requested by an enforcement officer, proceed to a specified location so that a vessel inspection can be
conducted.
(Pub. L. 109–479, title V, §510, Jan. 12, 2007, 120 Stat. 3643.)

§6909a. United States conservation, management, and enforcement objectives
The Secretary, in consultation with the Secretary of State, in the course of negotiations, shall seek—
(1) to minimize any disadvantage to United States fishermen in relation to other members of the Commission;
(2) to maximize the opportunities for fishing vessels of the United States to harvest fish stocks on the high seas in
the Convention area, recognizing that such harvests may be restricted if the Commission, based on the best
available scientific information provided by the Scientific Committee, determines it is necessary to achieve the
conservation objective set forth in Article 2 of the Convention;
(3) to prevent any requirement for the transfer to other nations or foreign entities of the fishing capacity, fishing
capacity rights, or fishing vessels of the United States or its territories, unless any such requirement is voluntary and
market-based; and
(4) to ensure that conservation and management measures take into consideration traditional fishing patterns of
fishing vessels of the United States and the operating requirements of the fisheries covered by the Western and
Central Pacific Convention.
(Pub. L. 109–479, title V, §511, as added Pub. L. 114–327, title III, §301(a)(2), Dec. 16, 2016, 130 Stat. 1994.)
Editorial Notes

Prior Provisions
A prior section 511 of Pub. L. 109–479 was renumbered section 512 and is classified to section 6910 of this

title.

§6910. Authorization of appropriations
There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out
this chapter and to pay the United States' contribution to the Commission under section 5 of part III of the WCPFC
Convention.
(Pub. L. 109–479, title V, §512, formerly §511, Jan. 12, 2007, 120 Stat. 3644; renumbered §512, Pub. L. 114–327, title
III, §301(a)(2), Dec. 16, 2016, 130 Stat. 1994.)

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