Page:United States Statutes at Large Volume 110 Part 5.djvu/494

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110 STAT. 3568 PUBLIC LAW 104-297—OCT. 11, 1996 "(B) In the case of American Samoa, Guam, and the Northem 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 approve. In the case of other Pacific Insular Areas, the Western Pacific Council shall develop and submit the marine conservation plan described in subpgiragraph (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. "(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. " (6) USE OF PAYMENTS BY AMERICAN SAMOA, GUAM, NORTH- ERN MARIANA ISLANDS.—Any pa3anents received by the Secretary under a Pacific Insular Area fishery agreement for American Samoa, Guam, or the Northern Marisuia Isleuids 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 avedlable, 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 mutuedly 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). " (7) WESTERN PACIFIC SUSTAINABLE FISHERIES FUND. — There is established in the United States Treasury a Western Pacific Sustainable Fisheries Fund into which euiy 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