Page:United States Statutes at Large Volume 110 Part 5.djvu/492

 110 STAT. 3566 PUBLIC LAW 104-297—OCT. 11, 1996 plied with by the owner and operator of the vessel for which the permit is issued. "(7) FEES. — The Secretary shall collect a fee for each permit issued under this subsection, in an amount adequate to recover the costs incurred by the United States in issuing the permit, except that the Secretary shall waive the fee for the permit if the foreign nation under which the vessel is registered does not collect a fee from a vessel of the United States engaged in similar activities in the waters of such foreign nation. " (e) PACIFIC INSULAR AREAS. — " (1) NEGOTIATION OF PACIFIC INSULAR AREA FISHERY AGREE- MENTS.— The Secretary of State, with the concurrence of the Secretary and in consultation with any appropriate Council, may negotiate and enter into a Pacific Insular Area fishery agreement to authorize foreign fishing within the exclusive economic zone adjacent to a Pacific Insular Area— "(A) in the case of American Samoa, Guam, or the Northern Mariana Islands, at the request and with the concurrence of, and in consultation with, the Governor of the Pacific Insular Area to which such agreement applies; and "(B) in the case of a Pacific Insular Area other than American Samoa, Guam, or the Northern Mariana Islands, at the request of the Western Pacific Council. "(2) AGREEMENT TERMS AND CONDITIONS. — A Pacific Insular Area fishery agreement— "(A) shall not be considered to supersede any governing international fishery agreement currently in effect under this Act, but shall provide an alternative basis for the conduct of foreign fishing within the exclusive economic zone adjacent to Pacific Insular Areas; "(B) shall be negotiated and implemented consistent only with the governing international fishery agreement provisions of this title specifically made applicable in this subsection; "(C) may not be negotiated with a nation that is in violation of a governing international fishery agreement in effect under this Act; "(D) shall not be entered into if it is determined by the Governor of the applicable Pacific Insular Area with respect to agreements initiated under paragraph (1)(A), or the Western Pacific Council with respect to agreements initiated under paragraph (1)(B), that such an agreement will adversely affect the fishing activities of the indigenous people of such Pacific Insular Area; "(E) shall be valid for a period not to exceed three years and shall only become effective according to the procedures in section 203; and "(F) shall require the foreign nation and its fishing vessels to comply with the requirements of paragraphs (1), (2), (3) and (4)(A) of section 201(c), section 201(d), and section 201(h). " (3) PERMITS FOR FOREIGN FISHING.— "(A) Application for permits for foreign fishing authorized under a Pacific Insular Areas fishing agreement shall be made, considered and approved or disapproved in accordance with paragraphs (3), (4), (5), (6), (7)(A) and (B),

�