---
kind: "section"
citation: "16 U.S.C. § 6904"
title: "16"
title_heading: "Conservation"
number: "6904"
heading: "Rulemaking authority of the Secretary of Commerce"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/6904"
units:
  - "Chapter 88 — Western and Central Pacific Fisheries Convention"
---

# §6904. Rulemaking authority of the Secretary of Commerce

- (a) **Promulgation of regulations—** The [Secretary](/usc/16/6901.md?p=9), in consultation with the Secretary of State and, with respect to enforcement measures, the [Secretary](/usc/16/6901.md?p=9) 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](/usc/16/6901.md?p=12) and this chapter, including recommendations and decisions adopted by the [Commission](/usc/16/6901.md?p=3). In cases where the [Secretary](/usc/16/6901.md?p=9) has discretion in the implementation of one or more measures adopted by the [Commission](/usc/16/6901.md?p=3) that would govern fisheries under the authority of a Regional Fishery Management Council, the [Secretary](/usc/16/6901.md?p=9) may, to the extent practicable within the implementation schedule of the [WCPFC Convention](/usc/16/6901.md?p=12) and any recommendations and decisions adopted by the [Commission](/usc/16/6901.md?p=3), promulgate such regulations in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](/usc/16/1801.md) et seq.).
- (b) **Additions to fishery regimes and regulations—** The [Secretary](/usc/16/6901.md?p=9) may promulgate regulations applicable to all vessels and [persons](/usc/16/450rr–1.md?p=b) subject to the jurisdiction of the United States, including United States flag vessels wherever they may be operating, on such date as the [Secretary](/usc/16/6901.md?p=9) shall prescribe.

## Source credit

(Pub. L. 109–479, title V, § 505, Jan. 12, 2007, 120 Stat. 3639.)

## Notes

### 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.