I

104TH CONGRESS

1ST SESSION H. R. 2369

To provide for the development of the fishery resource within the exclusive

economic zone of the insular areas of the United States, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 20, 1995

Mr. UNDERWOOD (for himself and Mr. FALEOMAVAEGA) introduced the

following bill; which was referred to the Committee on Resources

A BILL

To provide for the development of the fishery resource within

the exclusive economic zone of the insular areas of the

United States, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; REFERENCE.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Pacific Insular Areas Fisheries Empowerment Act of

6 1995’’.

7 (b) REFERENCE.—Except as otherwise expressly pro8 vided, whenever in this Act an amendment or repeal is

9 expressed in terms of an amendment to, or repeal of, a
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1 section or other provision, the reference shall be consid2 ered to be made to a section or other provision of the Mag3 nuson Fishery Conservation and Management Act (16

4 U.S.C. 1801 et seq.).

5 SEC. 2. FINDINGS, PURPOSES AND POLICY.

6 (a) FINDINGS.—Section 2(a) (16 U.S.C. 1801(a)) is

7 amended by adding at the end the following:

8 ‘‘(9) The Pacific Insular Areas of the United

9 States contain a unique historical, cultural, legal, po10 litical, and geographic circumstance, including the

11 importance of fisheries resources to their economic

12 growth.’’.

13 (b) POLICY.—Section 2(c) (16 U.S.C. 1801) is

14 amended—

15 (1) by striking ‘‘and’’ at the end of paragraph

16 (5);

17 (2) by striking the period at the end of para18 graph (6) and inserting ‘‘; and’’; and

19 (3) by adding at the end the following new

20 paragraph:

21 ‘‘(7) to assure that the fishery resources adja22 cent to Pacific Insular Areas, including those within

23 the exclusive economic zone of such areas and any

24 Continental Shelf fishery resources of such areas, be
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1 explored, exploited, conserved, and managed for the

2 benefit of the people of each such areas.’’.

3 SEC. 3. DEFINITIONS.

4 Section 3 (16 U.S.C. 1802) is amended by adding

5 at the end the following new paragraph:

6 ‘‘(34) The term ‘Pacific Insular Area’ means

7 American Samoa, Guam, or the Commonwealth of

8 the Northern Mariana Islands.’’.

9 SEC. 4. FOREIGN FISHING AND INTERNATIONAL FISHERY

10 AGREEMENTS.

11 (a) AUTHORITY FOR FOREIGN FISHING UNDER A

12 PACIFIC INSULAR AREA AGREEMENT.—Section 201(a)(1)

13 (16 U.S.C. 1821(a)(1)) is amended to read as follows:

14 ‘‘(1) is authorized under subsection (b) or (c) or

15 under a permit issued under section 204(d);’’.

16 (b) AUTHORITY TO ENTER INTO A PACIFIC INSULAR

17 AREAS AGREEMENT.—Section 202(c)(2) (16 U.S.C.

18 1822(c)(2)) is amended by inserting before the period at

19 the end the following: ‘‘or section 204(e)’’.

20 (c) PACIFIC INSULAR AREA AGREEMENTS.—Section

21 204 (26 U.S.C. 1824) is amended by adding at the end

22 the following:

23 ‘‘(d) PACIFIC INSULAR AREAS.—(1) Upon the re24 quest of the Governor of a Pacific Insular Area, the Sec25 retary of State in concurrence with the Secretary (the ap-
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1 propriate Council, and the Governor of such Pacific Insu2 lar Area) may negotiate and agree to a Pacific Insular

3 Area Fishery Agreement (in this subsection referred to as

4 a ‘‘PIAFA’’) to authorize foreign fishing within the exclu5 sive economic zone adjacent to such Insular Area or for

6 Continental Shelf fishery resources beyond such zone.

7 ‘‘(2) It is the sense of the Congress that the Secretary

8 of State should not negotiate a PIAFA to authorize for9 eign fishing within the exclusive economic zone adjacent

10 to an Insular Area, or Continental Shelf fishery resources

11 beyond such zone, without the concurrence of and con12 sultation with the Governor of such Insular Area.

13 ‘‘(3)(A) Fees pursuant to a PIAFA shall be paid to

14 the Treasury of the Pacific Insular area concerned by the

15 owner or operator of any foreign fishing vessel for which

16 a permit has been issued pursuant to this section. The

17 Governor, with the concurrence of the Secretary and the

18 Secretary of State, shall establish a schedule of reasonable

19 fees that shall apply nondiscriminatorily to each foreign

20 nation. The prescription of such fees is not subject to sec21 tion 9701 of title 31, United States Code.

22 ‘‘(B) Amounts received by the United States as fees

23 under this paragraph shall be deposited in the general

24 fund of the treasury of the Insular Area, and shall be used

25 for fishery conservation and management purposes.
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1 ‘‘(4) Foreign fishing under a PIAFA shall not be sub2 ject to subsections (d) through (g) of section 201 or sub3 section (i) of section 201.

4 ‘‘(5) A PIAFA shall become effective according to the

5 procedures of section 203.

6 ‘‘(6) The Secretary of State may not negotiate a

7 PIAFA with a country that is in violation of a governing

8 international fishery agreement in effect under this Act.

9 ‘‘(7) This subsection shall not be considered to super10 sede and governing international fishery agreement in ef11 fect under this Act.’’.

12 SEC. 5. DOMESTIC FEES.

13 Section 304 (16 U.S.C. 1854) is further amended by

14 adding at the end the following:

15 ‘‘(h) PACIFIC INSULAR AREA FEES.—

16 ‘‘(1) The Secretary may enter into a coopera17 tive agreement with the Governor of a Pacific Insu18 lar Area, under which the Pacific Insular Area may

19 administer a permit system and collect fees author20 ized under a fishery management plan for fisheries

21 in the exclusive economic zone off the Pacific Insular

22 Area pursuant to section 303(b)(1). A cooperative

23 agreement under this paragraph may provide that

24 all or part of the fees collected under the Pacific In25 sular Area permit system shall be deposited into the
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1 treasury of the affected Pacific Insular Area and

2 used for fishery conservation and management pur3 poses.

4 ‘‘(2) The Secretary, in concurrence with the

5 Governor of the Pacific Insular Area, may establish

6 by regulation the level of any fees which are author7 ized to be charged. The amount of any fees collected

8 under this subsection shall be reasonable, fair, and

9 equitable to all participants in the fisheries. The pre10 scription of such fees is not subject to section

11 9701(b) of title 31, United States Code.’’.

12 SEC. 6. ENFORCEMENT.

13 Section 311 (16 U.S.C. 1861) is amended by adding

14 at the end the following new subsection:

15 ‘‘(f) ENFORCEMENT IN THE INSULAR AREAS.—The

16 Secretary, in consultation with the Governors of the Pa17 cific Insular Areas shall, to the greatest extent practicable,

18 support cooperative enforcement agreements between Fed19 eral and Pacific Insular Area authorities.’’.

20 SEC. 7. CONFORMING AMENDMENT.

21 (a) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is

22 amended by striking ‘‘204(b) or (c)’’ and inserting

23 ‘‘204(b), (c), or (e)’’.
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1 (b) Section 311(g)(1) (16 U.S.C. 1861(g)(1)) is

2 amended by inserting after the citation ‘‘201(b) or (c)’’

3 the words ‘‘or section 204(d)’’.

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