Sec. 306. Amendments to Western Pacific Sustainable Fisheries Fund
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/bill/117/hr/4690/ih/section-306A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 204(e) is amended— in paragraph (4)— by amending subparagraph
(A)to read as follows: 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 including detailing uses for funds to be collected by the Secretary pursuant to such agreement. Not later than 30 days before submitting a marine conservation plan to the Secretary for approval, the Western Pacific Council shall issue a public notice of intent to submit such plan to the Secretary, including publishing such plan. The marine conservation management plan required by clause
(i)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— Pacific Insular Area observer programs, or other monitoring programs, that the Secretary determines are adequate to monitor the harvest, bycatch, and compliance with the laws of the United States by foreign fishing vessels that fish under Pacific Insular Area fishing agreements; conduct of marine and fisheries research, including development of systems for information collection, analysis, evaluation, and reporting; conservation, education, and enforcement activities related to marine and coastal management, such as living marine resource assessments, habitat monitoring and coastal studies; 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 western Pacific community-based demonstration projects under section 112(b) of the Sustainable Fisheries Act and other coastal improvement projects in waters beyond the seaward boundary (as such term is defined in section 4 of the Submerged Lands Act) of any State to foster and promote the management, conservation, and economic enhancement of the Pacific Insular Areas. The development of a marine conservation plan under this subparagraph shall be a Council decision for the purposes of section 302(j). ; and in subparagraph (B), by inserting Hawaii, before American Samoa, ; by amending paragraph
(7)to read as follows: 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 and any funds or contributions received in support of conservation and management objectives under a marine conservation plan 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— for the purpose of carrying out the provisions of this subsection, as determined by the Secretary in consultation with the Western Pacific Sustainable Fishery Fund Advisory panel under paragraph (9), including implementation of a marine conservation plan approved under paragraph (4); to 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 to meet conservation and management objectives in the State of Hawaii if funds remain in the Western Pacific Sustainable Fisheries Fund after the funding requirements of subparagraphs
(A)and
(B)have been satisfied. ; and by adding at the end the following: The Secretary shall establish an advisory panel under section 302(g) to evaluate and annually rank applications for grants under paragraph (7). The Secretary shall appoint to such advisory panel the following individuals who shall not be members or employees of the Western Pacific Fishery Management Council: One individual selected by the Governor of Hawaii. One individual selected by the Governor of the Northern Mariana Islands. One individual selected by the Governor of Guam. One individual selected by the by the Governor of American Samoa. In any case in which the Secretary issues a grant that is inconsistent with the ranking given by such advisory panel under subparagraph (A), the Secretary shall provide a detailed written explanation of such deviation. The Secretary shall provide timely notice to the public of each meeting of such advisory panel. The Secretary shall publish minutes of each meeting of such advisory panel. The Secretary shall, in consultation with such advisory panel, submit an annual report to Congress identifying any projects funded in the previous year under this subsection and the status and progress of projects carried out under this subsection. The Federal Advisory Committee Act (5 U.S.C. App) shall not apply to such advisory panel. .