126 



COMMONWEALTH OF 



THE NORTHERN MARIANA ISLANDS 



Statement of Jesus C. Borja 



June 1, 1995 



large-scale tuna fisheries. These nations derive substantial 

 revenues by selling rights of access to these fisheries. Neither 

 the Federal Government nor the Pacific insular areas, however, 

 derive any direct income from the fisheries adjacent to our insu- 

 lar areas. 



We appreciate the specific exemption, in the most recent 

 NMFS draft, of foreign and domestic fees from the requirements of 

 section 9701 of title 31 of the United States Code. This exemp- 

 tion, however, may not be enough to allow the derivation of reve- 



39 

 nues in excess of governmental costs from the fisheries. 



Fishery revenues should not be earmarked for "fishery con- 

 servation and management purposes." Self-governance means how 

 fishery revenues are- expended should be determined by the Pacific 

 insular area receiving those revenues. 



39 



Federal court decisions limiting "fees" to governmental 



costs do not appear to be grounded on section 9701, even though 

 the predecessor of that section was applicable in those cases. 

 See National Cable Television Association, Inc. v. United States , 

 415 U.S. 336, 340-41 (1974); Federal Power Commission v. New En- 

 gland Power Co . , 415 U.S. 345 (1974); National Cable Television 

 Association, fnc. v. Federal Communications Commission , 554 F.2d 

 1094, 1104-06 (1976); Electronics Industries Association, Con- 

 sumer Electronics Group v. Federal Communications Commission , 554 

 F.2d 1109 (1976) . 



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