144 



COMMONWEALTH OF 



THE NORTHERN MARIANA ISLANDS 



Statement of Jesus C. Borja 



June 1, 1995 



States. The cooperative agreement shall provide the 

 method of determining the value of such fish and the 

 method of collecting such fees and royalties." 



SEC. 110. STATE JURISDICTION 



(a) Subsection (3) of section 306(a) of the Magnuson Act 

 (16 U.S.C. 1856(a)(3)) is amended by inserting "and by subsection 

 (d)" after "Except as provided by paragraph (2)". 



(b) Section 306(b) of the Magnuson Act (16 U.S.C. 1856(b)) 

 is amended : 



(1) by redesignating paragraph (2) as paragraph (3); 

 and 



(2) by inserting after paragraph (1) the following new 

 paragraph: 



"(2) (A) If the Secretary finds, after notice and 

 an opportunity for a hearing in accordance with section 

 554 of title 5, that: 



(i) the fishing in a fishery, for which there 

 is no fishery management plan approved and 

 implemented pursuant to this Act solely due to 

 disapproval of a proposed plan by the Governor of 

 any Pacific Insular Area pursuant to section 

 305(a)(4) of this Act, and which is subject to the 

 conservation and management laws of a Pacific 

 Insular Area under subsection (d), is engaged in 

 predominantly within the exclusive economic zone 

 and beyond such zone; and 



(ii) that Pacific Insular Area has taken any 

 action, or omitted to take any action, the results 

 of which will substantially fail to prevent 

 overfishing; 



(B) If the Secretary of State shall certify to the 

 Secretary that, in regulating fishing in a fishery 

 described in paragraph (2)(A)(i), any Pacific Insular 

 Area has taken any action, or omitted to take any 

 action the result of which is substantially 

 inconsistent with the treaty obligations or foreign 

 affairs policies of the United States; 

 the Secretary shall promptly notify such Pacific Insular 

 Area and the Western Pacific Regional Fishery Management 

 Council of such finding or certification and of his 

 intention to regulate the applicable fishery pursuant to 

 such fishery management plan and regulations promulgated to 

 implement such plan." 



(c) Section 306 of the Magnuson Act (16 U.S.C. 1856) is 

 amended by adding at the end thereof the following new 

 subsection: 



Exhibit 4 - Page 5 



