1. U.S. Code
  2. title 16
  3. chapter 88
  4. § 6903

Collapse to view only § 6903. Authority and responsibility of the Secretary of State

§ 6901. Definitions
In this chapter:
(1) 1982 Convention
(2) Agreement
(3) Commission
(4) Convention area
(5) Exclusive economic zone
(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.
(7) Fishing vessel
(8) Highly migratory fish stocks
(9) Secretary
(10) State
(11) Transhipment
(12) WCPFC Convention; Western and Central Pacific Convention
(Pub. L. 109–479, title V, § 502, Jan. 12, 2007, 120 Stat. 3635.)

CITE AS: 16 USC 6901

§ 6902. Appointment of United States Commissioners
(a) In general
(b) Alternate Commissioners
(c) Administrative matters
(1) Employment status
(2) Compensation
(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
(C) Procedures
(D) Provision of information
(E) Agenda recommendations
(2) Administrative matters
(A) Support services
(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; 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
3 So in original. No subsec. (e) has been enacted.
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.)

CITE AS: 16 USC 6902

§ 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.)

CITE AS: 16 USC 6903

§ 6904. Rulemaking authority of the Secretary of Commerce
(a) Promulgation of regulations
(b) Additions to fishery regimes and regulations
(Pub. L. 109–479, title V, § 505, Jan. 12, 2007, 120 Stat. 3639.)

CITE AS: 16 USC 6904

§ 6905. Enforcement
(a) In generalThe 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 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
(c) Additional prohibitions and enforcement
(d) Confidentiality
(1) In generalAny 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
(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.)

CITE AS: 16 USC 6905

§ 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
1 So in original.
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
(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.)

CITE AS: 16 USC 6906

§ 6907. Cooperation in carrying out convention
(a) Federal and State agencies; private institutions and organizations
(b) Scientific and other programs; facilities and personnel
(c) Sanctioned fishing operations and biological experimentsNothing 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
(e) Application of regulations
(1) In generalRegulations 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
2 So in original. Probably should be “than”.
the regulations promulgated under section 6905(a) of this title; or
(ii) are not effectively enforced.
(2) Determination by Secretary
(3) Hearing
(f) Review of State laws and regulations
(Pub. L. 109–479, title V, § 508, Jan. 12, 2007, 120 Stat. 3642.)

CITE AS: 16 USC 6907

§ 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.)

CITE AS: 16 USC 6908

§ 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.)

CITE AS: 16 USC 6909

§ 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.)

CITE AS: 16 USC 6909a

§ 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.)

CITE AS: 16 USC 6910