BOSTON PUBLIC LIBRARY 



146 



3 9999 05983 719 3 



COMMONWEALTH OF 



THE NORTHERN MARIANA ISLANDS 



Statement of Jesus C. Borja 



June 1, 1995 



(5) For any fishery for which there is a fishery 

 management plan approved and implemented pursuant to this 

 Act, a Pacific insular area may enforce its laws or 

 regulations pertaining to the taking or landing of fish 

 caught in the adjacent exclusive economic zone, so long as 

 such law or regulation is not inconsistent with any relevant 

 fishery management plan approved and implemented under this 

 Act. Any Pacific insular area may request that the 

 Secretary, in consultation with the Western Pacific Regional 

 Fishery Management Council, issue a determination of 

 consistency with respect to any specific law or regulation 

 of that insular area. 



(6) Any Pacific insular area seeking a determination of 

 consistency pursuant to paragraph (5) shall submit such 

 request to the Secretary and to the Western Pacific Regional 

 Fishery Management Council. The Secretary shall immediately 

 publish a notice in the Federal Register setting forth the 

 request and inviting written data, views, or comments of 

 interested persons. The law(s) or regulation(s) of the 

 insular area that are the subject of the request shall be 

 deemed consistent with the Federal fishery management plan 

 if the Secretary has not notified the insular area in 

 writing of his denial of the request for a determination of 

 consistency within 90 days of the request." 



SEC. 111. ENFORCEMENT 



Section 311 of the Magnuson Act (16 U.S.C. 1861) is 

 amended — 



(a) by redesignating subsection (g) as subsection (h); 



(b) by striking out "201(b) or (c)" in paragraph (1) of 

 subsection (h), as redesignated by subsection (a), and inserting 

 in lieu thereof "201(b), (c), or (d)"; and 



(c) by inserting after subsection (f) the following new 

 subsection: 



"(g) ENFORCEMENT IN THE PACIFIC INSULAR AREAS. — 



(1) The Secretary, in consultation with the Governors 

 of the Pacific insular areas, shall to the extent 

 practicable support cooperative enforcement agreements 

 between Federal and Pacific insular area authorities. 



(2) The Secretary shall pay into the Treasury of a 

 Pacific insular area such sums received as fines, penalties, 

 and forfeitures of property for violation, in the 

 territorial waters or exclusive economic zone adjacent to 

 that insular area, of any provisions of this Act or of any 

 other fishery resource law enforced by the Secretary, 

 including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 

 et seq.), deducting first any payments made by the Secretary 

 pursuant to subsection (e) of this section." 



Exhibit 4 - Page 7 



