Page:United States Statutes at Large Volume 110 Part 5.djvu/521

 PUBLIC LAW 104-297—OCT. 11, 1996 110 STAT. 3595 (B) develop or enhance western Pacific community-based fishing opportunities; and (C) involve research, community education, or the acquisition of materials and equipment necessary to carry out any such demonstration project. (3)(A) The Western Pacific Fishery Management Council, in consultation with the Secretary of Commerce, shall establish an advisory panel under section 302(g) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852(g)) to evaluate, determine the relative merits of, and annually rank applications for sudi grants. The panel shall consist of not more than 8 individuals who are knowledgeable or experienced in traditional indigenous fishery practices of western Pacific communities and who are not members or employees of the Western Pacific Fishery Management Council. (B) If the Secretary of Commerce or the Secretary of the Interior awards a grant for a demonstration project not in accordance with the rank given to such project by the advisory panel, the Secretary shall provide a detailed written explanation of the reasons therefor. (4) The Western Pacific Fishery Management Council shall, Reports, witii the assistance of such advisory panel, siibmit an annual report to the Congress assessing the status and progress of demonstration projects carried out under this subsection. (5) Appropriate Federal agencies may provide technical assistance to western Pacific community-based entities to assist in carry- ing out demonstration projects under this subsection. (6) For the purposes of this subsection, Vestem Pacific community shall mean a community eligible to participate under section 305(i)(2)(B) of the Magnuson Fi&hery Conservation and Management Act, as amended by this Act. SEC. 112. STATE JURISDICTION. (a) Paragraph (3) of section 306(a) (16 U.S.C. 1856(a)) is amended to read as follows: "(3) A State may regulate a fishing vessel outside the boundaries of the State in the following circumstances: "(A) The fishing vessel is registered under the law of that State, and (i) there is no fishery management plan or other applicable Federal fishing regulations for the fishery in which the vessel is operating; or (ii) the State's laws and regulations are consistent with the fishery management plan and applicable Federal fishing regulations for the fishery in which the vessel is operating. "(B) The fishery management plan for the fishery in which the fishing vessel is operating delegates management of the fishery to a State and the State's laws and regulations are consistent with such fishery management plan. If at any time the Secretary determines that a State law Notification. or regulation applicable to a fishing vessel under this circumstance is not consistent with the fishery management plan, the Secretary shall promptly notify the State and the appropriate Council of such determination and provide an opportunity for the State to correct any inconsistencies identified in the notification. If, after notice and opportunity for corrective action, the State does not correct the inconsistencies identified by the Secretary, the authority granted to the State under this subparagraph shall not

�