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U.S. Pacific Insular Area Fisheries
[Pacific Insular Area Fisheries Agreements]
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Section 1824. Permits for Foreign Fishing
. . .
(e) Pacific Insular Areas
(1) Negotiation of Pacific Insular Area fishery agreements
The Secretary of State, with the concurrence of the Secretary and in
consultation with any appropriate Council, may negotiate and enter into a
Pacific Insular Area fishery agreement to authorize foreign fishing within the
exclusive economic zone adjacent to a Pacific Insular Area –
(A) in the case of American Samoa, Guam, or the Northern Mariana Islands,
at the request and with the concurrence of, and in consultation with, the
Governor of the Pacific Insular Area to which such agreement applies; and
(B) in the case of a Pacific Insular Area other than American Samoa,
Guam, or the Northern Mariana Islands, at the request of the Western Pacific
Council.
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(2) Agreement terms and conditions
A Pacific Insular Area fishery agreement –
(A) shall not be considered to supersede any governing international
fishery agreement currently in effect under this chapter, but shall provide
an alternative basis for the conduct of foreign fishing within the exclusive
economic zone adjacent to Pacific Insular Areas;
(B) shall be negotiated and implemented consistent only with the
governing international fishery agreement provisions of this subchapter
specifically made applicable in this subsection;
(C) may not be negotiated with a nation that is in violation of a
governing international fishery agreement in effect under this chapter;
(D) shall not be entered into if it is determined by the Governor of the
applicable Pacific Insular Area with respect to agreements initiated under
paragraph (1)(A), or the Western Pacific Council with respect to agreements
initiated under paragraph (1)(B), that such an agreement will adversely
affect the fishing activities of the indigenous people of such Pacific
Insular Area;
(E) shall be valid for a period not to exceed three years and shall only
become effective according to the procedures in section 1823 of this title;
and
(F) shall require the foreign nation and its fishing vessels to comply
with the requirements of paragraphs (1), (2), (3) and (4)(A) of section
1821(c) of this title, section 1821(d) of this title, and section 1821(h) of
this title.
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(3) Permits for foreign fishing
(A) Application for permits for foreign fishing authorized under a
Pacific Insular Areas fishing agreement shall be made, considered and
approved or disapproved in accordance with paragraphs (3), (4), (5), (6),
(7)(A) and (B), (8), and (9) of subsection (b) of this section, and shall
include any conditions and restrictions established by the Secretary in
consultation with the Secretary of State, the Secretary of the department in
which the Coast Guard is operating, the Governor of the applicable Pacific
Insular Area, and the appropriate Council.
(B) If a foreign nation notifies the Secretary of State of its acceptance
of the requirements of this paragraph, paragraph (2)(F), and paragraph (5),
including any conditions and restrictions established under subparagraph
(A), the Secretary of State shall promptly transmit such notification to the
Secretary. Upon receipt of any payment required under a Pacific Insular Area
fishing agreement, the Secretary shall thereupon issue to such foreign
nation, through the Secretary of State, permits for the appropriate fishing
vessels of that nation. Each permit shall contain a statement of all of the
requirements, conditions, and restrictions established under this subsection
which apply to the fishing vessel for which the permit is issued.
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(4) Marine conservation plans
(A) Prior to entering into a Pacific Insular Area fishery agreement, the
Western Pacific Council and the appropriate Governor shall develop a 3-year
marine conservation plan detailing uses for funds to be collected by the
Secretary pursuant to such agreement. Such plan shall be consistent with any
applicable fishery management plan, identify conservation and management
objectives (including criteria for determining when such objectives have
been met), and prioritize planned marine conservation projects. Conservation
and management objectives shall include, but not be limited to –
(i) establishment of Pacific Insular Area observer programs, approved
by the Secretary in consultation with the Western Pacific Council, that
provide observer coverage for foreign fishing under Pacific Insular Area
fishery agreements that is at least equal in effectiveness to the
program established by the Secretary under section 1821(h) of this
title;
(ii) conduct of marine and fisheries research, including development
of systems for information collection, analysis, evaluation, and
reporting;
(iii) conservation, education, and enforcement activities related to
marine and coastal management, such as living marine resource
assessments, habitat monitoring and coastal studies;
(iv) grants to the University of Hawaii for technical assistance
projects by the Pacific Island Network, such as education and training
in the development and implementation of sustainable marine resources
development projects, scientific research, and conservation strategies;
and
(v) western Pacific community-based demonstration projects under
section 112(b) of the Sustainable Fisheries Act and other coastal
improvement projects to foster and promote the management, conservation,
and economic enhancement of the Pacific Insular Areas.
(B) In the case of American Samoa, Guam, and the Northern Mariana
Islands, the appropriate Governor, with the concurrence of the Western
Pacific Council, shall develop the marine conservation plan described in
subparagraph (A) and submit such plan to the Secretary for approval. In the
case of other Pacific Insular Areas, the Western Pacific Council shall
develop and submit the marine conservation plan described in subparagraph
(A) to the Secretary for approval.
(C) If a Governor or the Western Pacific Council intends to request that
the Secretary of State renew a Pacific Insular Area fishery agreement, a
subsequent 3-year plan shall be submitted to the Secretary for approval by
the end of the second year of the existing 3-year plan.
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(5) Reciprocal conditions
Except as expressly provided otherwise in this subsection, a Pacific Insular
Area fishing agreement may include terms similar to the terms applicable to
United States fishing vessels for access to similar fisheries in waters subject
to the fisheries jurisdiction of another nation.
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(6) Use of payments by American Samoa, Guam, Northern Mariana Islands
Any payments received by the Secretary under a Pacific Insular Area fishery
agreement for American Samoa, Guam, or the Northern Mariana Islands shall be
deposited into the United States Treasury and then covered over to the Treasury
of the Pacific Insular Area for which those funds were collected. Amounts
deposited in the Treasury of a Pacific Insular Area shall be available, without
appropriation or fiscal year limitation, to the Governor of the Pacific Insular
Area –
(A) to carry out the purposes of this subsection;
(B) to compensate
(i) the Western Pacific Council for mutually agreed upon
administrative costs incurred relating to any Pacific Insular Area
fishery agreement for such Pacific Insular Area, and
(ii) the Secretary of State for mutually agreed upon travel expenses
for no more than 2 Federal representatives incurred as a direct result
of complying with paragraph (1)(A); and
(C) to implement a marine conservation plan developed and approved under
paragraph (4).
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(7) Western Pacific Sustainable Fisheries Fund
There is established in the United States Treasury a Western Pacific
Sustainable Fisheries Fund into which any payments received by the Secretary
under a Pacific Insular Area fishery agreement for any Pacific Insular Area
other than American Samoa, Guam, or the Northern Mariana Islands shall be
deposited. The Western Pacific Sustainable Fisheries Fund shall be made
available, without appropriation or fiscal year limitation, to the Secretary,
who shall provide such funds only to –
(A) the Western Pacific Council for the purpose of carrying out the
provisions of this subsection, including implementation of a marine
conservation plan approved under paragraph (4);
(B) the Secretary of State for mutually agreed upon travel expenses for
no more than 2 Federal representatives incurred as a direct result of
complying with paragraph (1)(B); and
(C) the Western Pacific Council to meet conservation and management
objectives in the State of Hawaii if monies remain in the Western Pacific
Sustainable Fisheries Fund after the funding requirements of subparagraphs
(A) and (B) have been satisfied. Amounts deposited in such fund shall not
diminish funding received by the Western Pacific Council for the purpose of
carrying out other responsibilities under this chapter.
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(8) Use of fines and penalties
In the case of violations occurring within the exclusive economic zone off
American Samoa, Guam, or the Northern Mariana Islands, amounts received by the
Secretary which are attributable to fines or penalties imposed under this
chapter, including such sums collected from the forfeiture and disposition or
sale of property seized subject to its authority, after payment of direct costs
of the enforcement action to all entities involved in such action, shall be
deposited into the Treasury of the Pacific Insular Area adjacent to the
exclusive economic zone in which the violation occurred, to be used for
fisheries enforcement and for implementation of a marine conservation plan under
paragraph (4).
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