Page:United States Statutes at Large Volume 110 Part 5.djvu/520

 110 STAT. 3594 PUBLIC LAW 104-297—OCT. 11, 1996 "(B) To be eligible to pgirticipate in the western Pacific community development program, a community shall— "(i) be located within the Western Pacific Regional Fishery Management Area; "(ii) meet criteria developed by the Western Pacific Council, approved by the Secretary and pubhshed in the Federal Register; "(iii) consist of community residents who are descended from the aboriginal people indigenous to the eirea who conducted commercieJ or subsistence fishing using traditional fishing practices in the waters of the Western Pacific region; "(iv) not have previously developed harvesting or processing capability sufficient to support substantial peirticipation in fisheries in the Western Pacific Regional Fishery Management Area; and "(v) develop and submit a Community Development Plan to the Western Pacific Council and the Secretary. "(C) In developing the criteria for eligible communities under subparagraph (B)(ii), the Western Pacific Council shall base such criteria on traditional fishing practices in or dependence on the fishery, the cultural and social fi-amework relevant to the fishery, and economic barriers to access to the fishery. "(D) For the purposes of this subsection "Western Pacific Regional Fishery Management Area' means the area under the jurisdiction of the Western Pacific Council, or an island within such area. "(E) Notwithstanding any other provision of this Act, the Western Pacific Council shall take into accoxint traditional indigenous fishing practices in preparing any fishery management plan. "(3) The Secretary shall deduct from any fees collected from a community development quota program under section 304(d)(2) the costs incurred by participants in the program for observer and reporting requirements which are in addition to observer and reporting requirements of other participants in the fishery in which the allocation to such program has been made. "(4) After the date of enactment of the Sustainable Fisheries Act, the North Pacific Council and Western Pacific Council may not submit to the Secretary a community development quota program that is not in compliance with this subsection.". 16 USC 1855 (b) WESTERN PACIFIC DEMONSTRATION PROJECTS.— (1) The Sec- "lote. retary of Commerce and the Secretary of the Interior are authorized to make direct grants to eligible western Pacific communities, as recommended by the Western Pacific Fishery Management Council, for the purpose of establishing not less than three and not more than five fishery demonstration projects to foster and promote traditional indigenous fishing practices. The total amount of grants awarded under this subsection shall not exceed $500,000 in each fiscal year. (2) Demonstration projects funded pursuant to this subsection shall foster and promote the involvement of western Pacific communities in western Pacific fisheries and may— (A) identify and apply traditional indigenous fishing practices;

�