[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 662 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 662

To implement the interim agreement for the conservation of Yukon River 
   salmon stocks agreed to by the Government of the United States of 
America and the Government of Canada on February 3, 1995, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 3 (legislative day, March 27), 1995

 Mr. Stevens (for himself and Mr. Murkowski) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To implement the interim agreement for the conservation of Yukon River 
   salmon stocks agreed to by the Government of the United States of 
America and the Government of Canada on February 3, 1995, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Yukon River Salmon Act of 1995''.

SEC. 2. PURPOSES.

    It is the purpose of this Act--
            (1) to implement the interim agreement for the conservation 
        of salmon stocks originating from the Yukon River in Canada 
        agreed to through an exchange of notes between the Government 
        of the United States and the Government of Canada on February 
        3, 1995;
            (2) to provide for representation by the United States on 
        the Yukon River Panel established under such agreement; and
            (3) to authorize to be appropriated sums necessary to carry 
        out the responsibilities of the United States under such 
        agreement.

SEC. 3. DEFINITIONS.

    As used in this Act--
            (1) the term ``Agreement'' means the interim agreement for 
        the conservation of salmon stocks originating from the Yukon 
        River in Canada agreed to through an exchange of notes between 
        the Government of the United States and the Government of 
        Canada on February 3, 1995;
            (2) the term ``Panel'' means the Yukon River Panel 
        established by the Agreement; and
            (3) the term ``Yukon River Joint Technical Committee'' 
        means the technical committee established by paragraph C.2 of 
        the Memorandum of Understanding concerning the Pacific Salmon 
        Treaty between the Government of the United States and the 
        Government of Canada recorded January 28, 1985.

SEC. 4. PANEL.

    (a) Representation.--The United States shall be represented on the 
Panel by six individuals, of whom--
            (1) one (1) shall be an official of the United States 
        Government with expertise in salmon conservation and 
        management;
            (2) one (1) shall be an official of the State of Alaska 
        with expertise in salmon conservation and management; and
            (3) four (4) shall be knowledgeable and experienced with 
        regard to the salmon fisheries on the Yukon River.
    (b) Appointments.--Panel members shall be appointed as follows:
            (1) The Panel member described in subsection (a)(1) shall 
        be appointed by the Secretary of State.
            (2) The Panel member described in subsection (a)(2) shall 
        be appointed by the Governor of Alaska.
            (3) The Panel members described in subsection (a)(3) shall 
        be appointed by the Governor of Alaska, who shall consider 
        nominations provided by organizations with expertise in Yukon 
        River salmon fisheries. The Governor of Alaska shall appoint at 
        least one member under subsection (a)(3) who is qualified to 
        represent the interests of Lower Yukon River fishing districts, 
        and at least one member who is qualified to represent the 
        interests of Upper Yukon River fishing districts. At least one 
        of the Panel members under subsection (a)(3) shall be an Alaska 
        Native.
    (c) Alternates.--The Secretary of State and Governor of Alaska may 
designate an alternate Panel member for each Panel member they appoint 
under subsection (b), who meets the same qualifications, to serve in 
the absence of the Panel member.
    (d) Term Length.--Panel members and alternate Panel members shall 
serve four-year terms. Any individual appointed to fill a vacancy 
occurring before the expiration of any term shall be appointed for the 
remainder of that term.
    (e) Reappointment.--Panel members and alternate Panel members shall 
be eligible for reappointment.
    (f) Decisions.--Decisions by the United States section of the Panel 
shall be made by the consensus of the Panel members appointed under 
paragraphs (2) and (3) of subsection (a).
    (g) Consultation.--In carrying out their functions under the 
Agreement, Panel members may consult with such other interested parties 
as they consider appropriate.

SEC. 5. ADVISORY COMMITTEE.

    (a) Appointments.--The Governor of Alaska may appoint an Advisory 
Committee of not less than eight (8), but not more than twelve (12), 
individuals who are knowledgeable and experienced with regard to the 
salmon fisheries on the Yukon River. Members of the Advisory Committee 
may attend all meetings of the United States section of the Panel, and 
shall be given the opportunity to examine and be heard on any matter 
under consideration by the United States section of the Panel.
    (b) Compensation.--The members of such advisory committee shall 
receive no compensation for their services.
    (c) Term Length.--Advisory Committee members shall serve two-year 
terms. Any individual appointed to fill a vacancy occurring before the 
expiration of any term shall be appointed for the remainder of that 
term.
    (d) Reappointment.--Advisory Committee members shall be eligible 
for reappointment.

SEC. 6. EXEMPTION.

    The Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall 
not apply to the Panel, the Yukon River Joint Technical Committee, or 
the Advisory Committee created under section 5 of this Act.

SEC. 7. AUTHORITY AND RESPONSIBILITY.

    (a) Responsible Management Entity.--The State of Alaska Department 
of Fish and Game shall be the responsible management entity for the 
United States for the purposes of the Agreement.
    (b) Effect of Designation.--The designation under subsection (a) 
shall not be considered to expand, diminish or change the management 
authority of the State of Alaska or the Federal Government with respect 
to fishery resources.
    (c) Recommendations of Panel.--In addition to recommendations made 
by the Panel to the responsible management entities in accordance with 
the Agreement, the Panel may make recommendations concerning the 
conservation and management of salmon originating in the Yukon River to 
the Department of Interior, Department of Commerce, Department of 
State, North Pacific Fishery Management Council, and other Federal or 
State entities as appropriate. Recommendations by the Panel shall be 
advisory in nature.

SEC. 8. CONTINUATION OF AGREEMENT.

    In the event that the Treaty between Canada and the United States 
of America Concerning Pacific Salmon, signed at Ottawa, January 28, 
1985, terminates prior to the termination of the Agreement, and the 
functions of the Panel are assumed by the ``Yukon River Salmon 
Commission'' referenced in the Agreement, the provisions of this Act 
which apply to the Panel shall thereafter apply to the Yukon River 
Salmon Commission, and the other provisions of this Act shall remain in 
effect.

SEC. 9. ADMINISTRATIVE MATTERS.

    (a) Panel members and alternate Panel members who are not State or 
Federal employees shall receive compensation at the daily rate of GS-16 
of the General Schedule when engaged in the actual performance of 
duties.
    (b) Travel and other necessary expenses shall be paid for all Panel 
members, alternate Panel members, United States members of the Joint 
Technical Committee, and members of the Advisory Committee when engaged 
in the actual performance of duties.
    (c) Except for officials of the United States Government, 
individuals described in subsection (b) shall not be considered to be 
Federal employees while engaged in the actual performance of duties, 
except for the purposes of injury compensation or tort claims liability 
as provided in chapter 81 of title 5, United States Code, and chapter 
71 of title 28, United States Code.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated from time to time such sums 
as may be necessary for carrying out the purposes and provisions of the 
Agreement and this Act including--
            (1) necessary travel expenses of Panel members, alternate 
        Panel members, United States members of the Joint Technical 
        Committee, and members of the Advisory Committee in accordance 
        with Federal Travel Regulations and sections 5701, 5702, 5704 
        through 5708, and 5731 of title 5, United States Code;
            (2) the United States share of the joint expenses of the 
        Panel and the Joint Technical Committee, provided that Panel 
        members and alternate Panel members shall not, with respect to 
        commitments concerning the United States share of the joint 
        expenses, be subject to section 262(b) of title 22, United 
        States Code, insofar as it limits the authority of United 
        States representatives to international organizations with 
        respect to such commitments; and
            (3) by the Secretary of Commerce, $400,000 in each of 
        fiscal years 1996, 1997, 1998, and 1999 to be contributed to 
        the Yukon River Restoration and Enhancement Fund and used in 
        accordance with the Agreement.
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