Title 16ConservationRelease 119-73

§6907 Cooperation in carrying out convention

Title 16 › Chapter CHAPTER 88— - WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION › § 6907

Last updated Apr 6, 2026|Official source

Summary

The Secretary can work with U.S. government agencies, public or private groups here or abroad, and with officials of other governments (through the Secretary of State) to carry out duties under this law. Federal agencies must help when the Secretary asks, by running science programs and giving staff and facilities. The Secretary and the Commission may run or approve fishing trips and biological experiments for science at any time and must carry out other duties the convention requires. A State’s control of the U.S. territorial sea stays the same unless the Secretary makes rules under section 6905(a) and follows steps to apply them inside that State. Those rules can apply if the Secretary notifies the State, the State does not ask for a formal hearing, and the Secretary decides the State either has not, within a reasonable time, put the Commission’s recommendations into law or has laws that are less strict or not effectively enforced. The Secretary’s rules stay in effect until the State is enforcing measures that are at least as strict. If the State asks for a hearing, the Secretary won’t apply the rules unless the hearing record supports the same findings. The Secretary will keep reviewing State laws and enforcement to make sure this happens.

Full Legal Text

Title 16, §6907

Conservation — Source: USLM XML via OLRC

(a)The Secretary may cooperate with agencies of the United States government,11 So in original. Probably should be capitalized. 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)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)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)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)(1)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 22 So in original. Probably should be “than”. the regulations promulgated under section 6905(a) of this title; or
(ii)are not effectively enforced.
(2)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)If a State requests a formal agency hearing, the Secretary shall not apply the regulations promulgated pursuant 33 So in original. Probably should be followed by “to”. 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)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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 6907

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73