Western Pacific Sustainable Fishery Fund

Section 204(e) (16 U.S.C. 1824(e)) is amended— (1) in paragraph (1)— (A) by striking in consultation with any appropriate Council, and inserting at the request and with the concurrence of the Governor of the applicable Pacific Insular Area,; (B) by striking a Pacific Insular Area— and inserting that Pacific Insular Area.; and (C) by striking subparagraphs (A) and (B); (2) in paragraph (3)(A)— (A) by inserting and before the Governor; (B) by striking, and the appropriate Council; and (C) by adding at the end the following: Such permits shall also be consistent with any applicable fishery management plan.; (3) in paragraph (4)— (A) in subparagraph (A)— (i) by striking the Western Pacific Council and; (ii) by inserting of the applicable Pacific Insular Area after Governor; and (iii) by amending clause (v) to read as follows— (v) western Pacific community-based demonstration projects under section 112(b) of the Sustainable Fisheries Act and other coastal improvement projects in waters beyond the seaward boundary (as such term is defined in section 4 of the Submerged Lands Act) of any State to foster and promote the management, conservation, and economic enhancement of the Pacific Insular Areas.; and (B) by amending subparagraph (B) to read as follows: (B) In the case of American Samoa, Guam, and the Northern Mariana Islands, the appropriate Governor of the applicable Pacific Insular Area shall develop the marine conservation plan described in subparagraph (A) and submit such plan to the Secretary for approval. In the case of other Pacific Insular Areas, the Secretary and the appropriate Governor of the applicable Pacific Insular Area shall jointly develop the marine conservation plan described in subparagraph (A).; (4) in paragraph (6)— (A) in subparagraph (A), by inserting and at the end; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); (5) in paragraph (7)— (A) by striking, who shall provide such funds only to and inserting for the purposes of; (B) in subparagraph (A)— (i) by striking the Western Pacific Council for the purpose of; and (ii) by inserting as determined by the Secretary, in consultation with the Western Pacific Sustainable Fishery Fund Advisory Panel established under section 204(e)(9), after subsection,; (C) in subparagraph (B), by inserting providing such funds as are necessary to before the Secretary; (D) by amending subparagraph (C) to read as follows: (C) providing such funds as remain in the Western Pacific Sustainable Fisheries Fund after the funding requirements of subparagraphs (A) and (B) have been satisfied to the Governor of Hawaii to meet conservation and management objectives in the State of Hawaii.; and (E) by striking Amounts deposited in such fund shall not diminish funding received by the Western Pacific Council for the purpose of carrying out other responsibilities under this Act.; and (6) by adding at the end the following: (9) Western Pacific Sustainable Fishery Fund Advisory Panel (A) In general To assist in carrying out this subsection, the Secretary shall establish and convene an advisory panel under section 302(g), to be known as the Western Pacific Sustainable Fishery Fund Advisory Panel (referred to in this paragraph as the advisory panel), to evaluate, determine the relative merits of, and annually rank applications for grants for implementation of marine conservation plans approved under paragraph (4). (B) Members The advisory panel shall consist of members such that— (i) the Governor of each applicable Pacific Insular Area selects 1 member; and (ii) no member may be a member or employee of the Western Pacific Council. (C) Award not in accordance with rank If the Secretary awards a grant for a 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 for such award. (D) Notice The Secretary shall provide to the public timely notice of each meeting of the advisory panel. (E) Minutes The Secretary shall keep and make available to the public minutes of each meeting of the advisory panel. (F) Reports The Secretary shall, with the assistance of the advisory panel, annually submit to Congress a report identifying any projects that were funded in the previous year and the status and progress of projects carried out under this subsection. (G) Exemption from Federal Advisory Committee Act Chapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act), does not apply to the advisory panel..