[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 704 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 704

            To regulate fishing in certain waters of Alaska.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 1993

 Mr. Young of Alaska introduced the following bill; which was referred 
jointly to the Committees on Natural Resources and Merchant Marine and 
                               Fisheries

_______________________________________________________________________

                                 A BILL


 
            To regulate fishing in certain waters of Alaska.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEFINITIONS.

    For the purposes of this Act, the term ``Glacier Bay National 
Park'' means the national park and national preserve redesignated, 
established or expanded under section 202(1) of the Alaska National 
Interest Lands Conservation Act (16 U.S.C. 410hh-1).

SEC. 2. SUBSISTENCE USE.

    Subsistence fishing and gathering by local residents, including but 
not limited to the residents of Hoonah, shall be allowed in Glacier Bay 
National Park in accordance with the provisions of title VIII of the 
Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 through 
3126).

SEC. 3. COMMERCIAL FISHING.

    (a) Commercial fishing shall be allowed in all marine waters of 
Glacier Bay National Park except areas designated as wilderness under 
section 701(3) of the Alaska National Interest Lands Conservation Act 
(16 U.S.C. 1132 note).
    (b) Within the marine waters of Glacier Bay north of a line drawn 
point to point from Point Carolus to Point Gustavus--
            (1) the annual average commercial fishing effort for each 
        species shall be maintained at a level no greater than the 
        average annual effort which existed for that species during the 
        period from 1981 through 1991, as determined by the State of 
        Alaska in consultation with the Secretary of the Interior; and
            (2) only those types of commercial fishing gear in use 
        between 1981 and the date of enactment of this Act shall be 
        allowed.
    (c) Within Glacier Bay National Park, commercial fishing seasons 
shall, to the extent possible, be consistent with and not exceed the 
commercial fishing seasons established in waters adjacent to Glacier 
Bay National Park, except that seasons may be limited to conserve fish, 
shellfish or crustacean stocks.
    (d) Nothing in this Act shall affect section 1314(a) and (b) of the 
Alaska National Interest Lands Conservation Act (16 U.S.C. 3202(a) and 
(b)).
    (e) The Secretary of the Interior, in consultation with the State 
of Alaska, shall study the effect of commercial fishing activities 
authorized by this Act in Glacier Bay National Park to determine 
whether such fishing is having a detrimental effect on Park resources, 
including the opportunity for recreational use of the Park. The 
Secretary shall report the results of the study to the Committees on 
Merchant Marine and Fisheries and Natural Resources of the House of 
Representatives, and the Committee on Energy and Natural Resources of 
the Senate, not later than three years after the date of enactment of 
this Act.

SEC. 4. EFFECT ON TITLE AND JURISDICTION OF TIDAL AND SUBMERGED LANDS.

    (a) No provision of this Act shall be construed to invalidate or 
validate or in any other way affect any claim by the State of Alaska to 
title to any or all tidal or submerged lands, nor shall any actions 
taken pursuant to or in accordance with this Act operate under any 
provision or principle of the law to bar the State of Alaska from 
asserting at any time its claim of title to any or all of the tidal or 
submerged lands.
    (b) Nothing in this Act nor in any actions taken pursuant to this 
Act shall be construed as expanding or diminishing Federal or State 
jurisdiction, responsibility, interests, or rights in management, 
regulation, or control over waters of the State of Alaska or tidal or 
submerged lands under any provision of Federal or State law.

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