Statement on Signing the Ensuring Access to Pacific Fisheries Act
Issued 2016-12-16 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
President Obama signed the Ensuring Access to Pacific Fisheries Act, which puts into action three international treaties about managing fish populations in the Pacific and Atlantic oceans. These treaties aim to promote sound fishery management, combat illegal and unregulated fishing, and prevent destructive fishing practices in international waters. The law allows the United States to participate in international efforts to conserve and sustainably use ocean fisheries.
The law establishes that the United States will have five representatives on the North Pacific Fisheries Commission: two appointed by the President and three regional fishery council chairpersons selected by their own council members. This affects how America participates in international fisheries management and who speaks for the country in these negotiations.
While signing the bill, President Obama raised a constitutional concern about the provision allowing regional council chairpersons to represent the United States internationally. He stated that because these commissioners speak on behalf of the country before international bodies, they are diplomatic officers, and the Constitution gives the President exclusive authority to decide who represents the United States in foreign relations. Obama indicated the executive branch would develop an approach to address this concern while staying close to Congress's intent.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This signing statement ("Statement on Signing the Ensuring Access to Pacific Fisheries Act") was issued alongside a bill the President signed into law. The President's stated concerns: "that the United States can contribute to these international efforts." Signing statements allow presidents to express constitutional or policy objections to specific provisions of legislation they have just signed. Their legal weight and constitutional propriety have been contested since the practice became common in the 1980s.
Critics — including the American Bar Association — argue that using signing statements to announce an intent to not enforce portions of a law effectively creates a line-item veto, which the Supreme Court ruled unconstitutional in Clinton v. City of New York (1998). Defenders argue presidents have a duty to identify constitutional concerns and that signing statements are a legitimate form of executive interpretation. The constitutional propriety depends on whether this specific statement announces non-enforcement or merely records the President's views.
Official Summary
Administration of Barack Obama, 2016 Statement on Signing the Ensuring Access to Pacific Fisheries Act December 16, 2016 Today I am pleased to sign into law H.R. 6452, the "Ensuring Access to Pacific Fisheries Act," which implements the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean, the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean, and the amendments to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries. I recommended that the Senate give its advice and consent to the ratification of all of these treaties because they will help promote sound fishery management; enable us to better combat illegal, unregulated and unreported fishing; and prevent destructive fishing practices and contribute to the long-term conservation and sustainable use of fisheries resources on the high seas. I appreciate the efforts of the Congress to ensure that the United States can contribute to these international efforts. The bill provides that the United States will be represented on the North Pacific Fisheries Commission by five commissioners—two appointed by the President, and the three chairpersons of the North Pacific, Pacific, and Western Pacific Fishery M