142 



COMMONWEALTH OF 



THE NORTHERN MARIANA ISLANDS 



Statement of Jesus C. Borja 



June 1, 1995 



"(f) PACIFIC INSULAR AREA FISHERY AGREEMENTS. 



(1) The Secretary of State shall not negotiate a 

 Pacific insular area fishery agreement to authorize foreign 

 fishinq within the exclusive economic zone adjacent to an 

 insular area without consultation with and the concurrence 

 of the Governor of such insular area. 



(2) Foreign fishing under a Pacific insular area 

 fishery agreement shall not be subject to sections 201(d) 

 through 201 (i) of this Act. 



(3) A Pacific insular area fishery agreement shall 

 become effective according to the procedures of section 

 20 3." 



SEC. 106. PERMITS FOR FOREIGN FISHING 



Section 204 of the Magnuson Act (16 U.S.C. 1824) is amended 

 by adding at the end thereof the following new subsection: 



"(d) PACIFIC INSULAR AREA PERMITS.-- 



(1) The Secretary and the Governor of a Pacific insular 

 area shall jointly issue permits to appropriate fishing 

 vessels of a foreign nation as provided in a Pacific insular 

 area fishery agreement with that nation. Each permit shall 

 contain a statement of all conditions and restrictions which 

 shall apply to the fishing vessel for which the permit is 

 issued. ,__ ,, .. 



(2) The Secretary and the Governor shall jointly 

 establish conditions and restrictions which shall be 

 included in each permit. These conditions and restrictions 

 shall include, but are not limited to those set out in 

 subparagraphs (A) through (F) of section 204(b)(7) of this 



Act . 



(3) Fees paid pursuant to a Pacific insular area 

 fishery agreement shall be deposited in the Treasury of the 

 affected Pacific insular area. 



SEC. 107. IMPORT PROHIBITIONS 



Subsection (a) of section 205 of the Magnuson Act (16 U.S.C. 



1825(a)) is amended by redesignating paragraphs (2) to (4) as 



paragraphs (3) to (5), respectively, and by inserting after 



paraqraph (1) the following new paragraph: 



"(2) he has been unable, within a reasonable period of 

 time, to conclude with any foreign nation an international 

 tuna fishery agreement to conserve and manage the tuna and 

 other highly migratory species within the exclusive economic 

 zone of the United States adjacent to a Pacific insular 

 area, because such nation has (A) refused to commence 

 negotiations, or (B) failed to negotiate in good faith; . 



Exhibit 4 - Page 3 



