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Phone: 619-233-6407
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Email: bhallmanata@gmail.com

Proposed Amendments to WCPFC Implementing

Legislation
SEC. 503 (16 USC 6902):
Amend the third sentence of paragraph (a) to read as
follows:
Not more than one such Commissioner shall be a salaried
employee of any State or political subdivision thereof, or the
Federal Government. Of the Commissioners appointed who are
not governmental employees, one shall be the chairman or a
member of the Western Pacific Fishery Management Council, one
shall be the chairman or a member of the Pacific Fishery
Management Council, and one who is not a member of a Fishery
Management Council shall have knowledge and experience
regarding commercial fishing.
Changes to current law: Current law regarding the appointment of
US Commissioners is ambiguous in several instances, and it requires
the President to appoint only an officer or employee of the Department
of Commerce to be the Federal Commissioner.
This amendment would clarify the current statutory language and
provide greater flexibility to the President to appoint an employee of
any Federal Department to be the Federal Commissioner.

SEC. 503 (16 USC 6902):

Add the following new subparagraph (d)(1)(E):

(E) The advisory committee shall meet at least twice a year, at

the call of the Chairman or upon the request of a majority of its
members, a United States Commissioner, the Secretary, or the
Secretary of State. Prior to each annual meeting of the
Commission, the advisory committee shall transmit to the United
States Commissioners a set of recommendations, agreed by a
majority of the advisory committee members, relative to the
United States position at such annual meeting. The United States
Commissioners shall consider and give significant weight to such
recommendations in the formulation of the United States position
for the Commission meeting, and during the deliberations and
negotiations at the meeting.
Changes to current law: Unlike US advisory committees for other
international fishery commissions, current law does not require the
WCPFC advisory committee to meet a minimum number of times per
year, nor does it clearly articulate the role of the advisory committee to
provide specific recommendations to the US Commissioners regarding
US positions to be taken at Commission meetings.
This amendment would clarify the role of the advisory committee to
make such recommendations to the US Commissioners. Further, the
amendment would provide for the advisory committee to meet no less
than twice each year in order to ensure that it has an adequate
opportunity consider all relevant information and make specific
recommendations to the US Commissioners.

SEC. 505 (16 USC 6904):

Amend paragraphs (a) and (b) by renumbering paragraph
(a) as (a)(1) and paragraph (b) as (a)(2).
Add the following new paragraph (b):
(b) (1)The Secretary shall, during any rulemaking with regard to
regulations to be promulgated under this section, include an
analysis for public comment regarding compliance by other

members of the Commission with respect to conservation and

management measures adopted by the Commission. Unless such
analysis concludes that all other members of the Commission
with significant harvests of fish stocks covered by the Convention
are complying with the Commissions conservation and
management measures in a manner comparable to compliance
by vessels of the United States, the Secretary shall suspend
application of the proposed regulations until such time as the
Secretary determines that the conditions warranting such
suspension no longer exist.
(2) If the Secretary determines that another Commission member
with a significant harvest of fish stocks covered by the
Convention, or a significant amount of fishing occurring in its
waters, is not complying with the Commissions conservation and
management measures in an effective manner or in a manner
comparable to compliance by vessels of the United States, the
Secretary, in consultation with the Secretary of State, may take
action with respect to such member to deny port privileges or
apply prohibitions on imports of fish and fish products in the
same manner as provided for high-seas large-scale driftnet
fishing in the High Seas Driftnet Fisheries Enforcement Act, Pub. L
102-582, codified at 16 U.S.C. 1826a-c.
(3) The Secretary shall not make any agreement, take any action,
or promulgate any regulation which requires the transfer, to other
nations or entities, of the fishing capacity, fishing capacity rights,
or fishing vessels of the United States.
(4) The Secretary shall not promulgate any regulation which
results in a disproportionate regulatory burden on vessels of the
United States relative to the fishing fleets of other nations fishing
for the same stocks.
(5) The Secretary shall not promulgate any regulation which
results in restrictions on fishing on the high seas by vessels of the

United States, unless the Scientific Committee of the WCPFC

concludes that such restrictions would result in a significant
conservation benefit to the stocks and specifically recommends
such restrictions, and unless the fishing fleets of all other nations
are implementing equivalent restrictions.
Changes to current law: All international fishery commissions to
which the US is a Party have been subjected to non-compliance by
member nations with the binding conservation and management
measures adopted by those commissions. Such non-compliance
constitutes IUU fishing which can severely undermine the effectiveness
of those commissions and place US fishermen at a significant
competitive disadvantage to those non-compliant foreign fishermen.
However, unlike current law pertaining to other international fisheries
conventions, current law implementing the WCPFC does not require US
regulations that implement binding WCPFC conservation and
management measures to minimize, to the extent practicable, any
disadvantage to US fishermen in relation to foreign competitors.
Further, there is no explicit linkage in current law between such noncompliance with WCPFC decisions and specific US statutes designed to
enforce international fishery management objectives against noncompliant nations.
Thus, the amendment would
1) Provide authority to the Secretary of Commerce to suspend US
regulations implementing WCPFC decisions if an analysis of
compliance indicates that other WCPFC fishing nations with
significant harvests are not complying with those decisions.
2) Provide explicit authority for the Secretary of Commerce in
consultation with the Secretary of State to apply the sanctions on
port and US market access currently set forth in the High Seas
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a-c.) to any
WCPFC fishing nation under certain circumstances. Those
circumstances are if the WCPFC fishing nation
1. has significant harvests of fish stocks covered by the
Convention; or
2. has a significant amount of fishing occurring in its waters

And,
3. that nation is not complying with the Commissions
conservation and management measures in an effective
manner; or
4. that nation is not complying with the Commissions
conservation and management measures in a manner
comparable to compliance by US vessels.
3) Make clear that the Secretary of Commerce does not have the
authority to take any action that would compel the transfer of
any US fishing capacity, US fishing capacity rights, or US fishing
vessels to another WCPFC fishing nation or entity, and, therefore,
that any such transfer by US fishing vessel owners shall only be
voluntary and market-based.
4) Ensure that any US regulations that implement WCPFC decisions
do not impose a disproportionate regulatory burden on US
fishermen relative to foreign fishermen.
5) Ensure that US regulations that restrict US vessels fishing on the
high seas are justified and based on sound science established
by the WCPFC Scientific Committee, and that other fishing
nations are implementing equivalent restrictions on their fleets.

SEC. 506 (16 USC 6905):

Add the following new paragraph (e):
(e) The Secretary, in consultation with the Secretary of State,
shall seek approval by the Commission of a meaningful and
effective international compliance scheme to ensure that all
fishing fleets comply with the Commissions conservation and
management measures. Such a scheme shall include analysis of
compliance by fleets of the members of the Commission through
an independent auditing mechanism. The compliance scheme
shall include a significant role for the Commissions Secretariat or
utilize some other objective means to ensure that all fleets fishing

for stocks covered by the Convention are treated equally and

fairly in terms of compliance.
Changes to current law: Current law does not provide explicit
authority for the US to negotiate the establishment by the WCPFC of an
effective compliance regime that ensures all WCPFC fishing fleets
comply with the Commissions conservation and management
measures. The absence of an effective compliance regime has in
practice seriously undermined the effectiveness of the WCPFC and
placed US fishermen at a significant competitive disadvantage to their
non-compliant foreign competitors.
The amendment directs the Secretary of Commerce, in consultation
with the Secretary of State, to negotiate an effective compliance
regime designed to ensure that all WCPFC fishing fleets comply with
the Commissions conservation and management measures, and that
all WCPFC fishing fleets including the US are treated equally and fairly
under this regime.