48 USC 1904 - Interpretation of and United States policy regarding Compact of Free Association

U.S Code last checked for updates: May 03, 2024

§ 1904.

Interpretation of and United States policy regarding Compact of Free Association

(a)

Human rights

(b)

Immigration

(c)

Nonalienation of lands

(d)

Nuclear waste disposal

(e)

Impact of Compact on U.S. areas

(1)

Statement of congressional intent

(2)

Annual reports and recommendations

(3)

Other views

(4)

Commitment of Congress to redress adverse consequences

(5)

“United States territories and commonwealths” defined

(6)

Impact costs

(f)

Fisheries management

In clarification of Title One, Article II, section 121(b)(1) of the Compact:

(1)

Nothing in the Compact or this joint resolution shall be interpreted as recognition by the United States of any claim by the Federated States of Micronesia or by the Marshall Islands to jurisdiction or authority over highly migratory species of fish during the time such species of fish are found outside the territorial sea of the Federated States of Micronesia or the Marshall Islands.

(2)

It is the understanding of Congress that none of the monies made available pursuant to the Compact or this joint resolution will be used by either the Federated States of Micronesia or the Marshall Islands for enforcement actions against any vessel of the United States on the basis of fishing by any such vessel for highly migratory species of fish outside the territorial sea of the Federated States of Micronesia or the Marshall Islands, respectively, in the absence of a licensing agreement.

(3)

Appropriate United States officials shall apply the policies and provisions of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the Fishermen’s Protective Act of 1967 (22 U.S.C. 1971 et seq.) with regard to any action taken by the Federated States of Micronesia or the Marshall Islands affecting any vessel of the United States engaged in fishing for highly migratory species of fish in waters outside the territorial seas of the Federated States of Micronesia or the Marshall Islands, respectively. For the purpose of applying the provisions of section 5 of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1975), monies made available to either the Federated States of Micronesia or the Marshall Islands pursuant to the provisions of the Compact or this joint resolution shall be treated as “assistance to the government of such country under the Foreign Assistance Act of 1961” [22 U.S.C. 2151 et seq.]. For purposes of this Act only, certification by the President in accordance with such section 5 shall be accompanied by a report to Congress on the basis for such certification, and such certification shall have no effect if by law Congress so directs prior to the expiration of 60 days during which Congress is in continuous session following the date of such certification.

(4)

For the purpose of paragraphs (1) and (3) of this subsection—

(A)

The term “vessel of the United States” has the same meaning as provided in the first section of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1971).

(B)

The terms “fishing” and “highly migratory species” have the same meanings as provided in paragraphs (10) and (14),1

 See References in Text note below.

respectively, of section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(10) and (14)).

(5)

(A)

It is the policy of the United States of America—

(i)

to negotiate and conclude with the governments of the Central, Western, and South Pacific Ocean, including the Federated States of Micronesia and the Marshall Islands, a regional licensing agreement setting forth agreed terms of access for United States tuna vessels fishing in the region; and

(ii)

that such an agreement should overcome existing jurisdictional differences and provide for a mutually beneficial relationship between the United States and the Pacific Island States that will promote the development of the tuna and other latent fisheries resources of the Central, Western, and South Pacific Ocean and the economic development of the region.

(B)

At such time as an agreement referred to in subparagraph (A) is submitted to the Senate for advice and consent to ratification, the Secretary of State, after consultation with the Secretary of Commerce and other interested agencies and concerned governments, shall submit to the Congress a proposed long term regional fisheries development program which may include, but not be limited to—

(i)

exploration for, and stock assessment of, tuna and other fish;

(ii)

improvement of harvesting techniques;

(iii)

gear development;

(iv)

biological resource monitoring;

(v)

education and training in the field of fisheries; and

(vi)

regional and direct bilateral assistance in the field of fisheries.

(g)

Foreign loans

(Pub. L. 99–239, title I, § 104, Jan. 14, 1986, 99 Stat. 1788; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 106–504, § 2, Nov. 13, 2000, 114 Stat. 2311.)

cite as: 48 USC 1904