[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1651 Reported in Senate (RS)]

                                                       Calendar No. 569
106th CONGRESS
  2d Session
                                H. R. 1651

                          [Report No. 106-302]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 1999

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                              May 23, 2000

               Reported by Mr. McCain, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 AN ACT


 
 To amend the Fishermen's Protective Act of 1967 to extend the period 
 during which reimbursement may be provided to owners of United States 
  fishing vessels for costs incurred when such a vessel is seized and 
         detained by a foreign country, and for other purposes.

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

   TITLE I--EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S 
                         PROTECTIVE ACT OF 1967

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Fishermen's Protective Act 
Amendments of 1999''.

SEC. 102. EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S 
              PROTECTIVE ACT OF 1967.

    (a) In General.--Section 7(e) of the Fishermen's Protective Act of 
1967 (22 U.S.C. 1977(e)) is amended by striking ``2000'' and inserting 
``2003''.
    (b) Clerical Amendment.--Section 7(a)(3) of the Fishermen's 
Protective Act of 1967 (22 U.S.C. 1977(a)(3)) is amended by striking 
``Secretary of the Interior'' and inserting ``Secretary of Commerce''.

                      TITLE II--YUKON RIVER SALMON

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Yukon River Salmon Act of 1999''.

SEC. 202. YUKON RIVER SALMON PANEL.

    (a) Establishment.--
            (1) In general.--There shall be a Yukon River Salmon Panel 
        (in this title referred to as the ``Panel'').
            (2) Functions.--The Panel shall--
                    (A) advise the Secretary of State regarding the 
                negotiation of any international agreement with Canada 
                relating to management of salmon stocks originating 
                from the Yukon River in Canada;
                    (B) advise the Secretary of the Interior regarding 
                restoration and enhancement of such salmon stocks; and
                    (C) perform other functions relating to 
                conservation and management of such salmon stocks as 
                authorized by this or any other title.
            (3) Designation as united states representatives on 
        bilateral body.--The Secretary of State may designate the 
        members of the Panel to be the United States representatives on 
        any successor to the panel established by 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, if authorized by any agreement 
        establishing such successor.
    (b) Membership.--
            (1) In general.--The Panel shall be comprised of six 
        members, as follows:
                    (A) One member who is an official of the United 
                States Government with expertise in salmon conservation 
                and management, who shall be appointed by the Secretary 
                of State.
                    (B) One member who is an official of the State of 
                Alaska with expertise in salmon conservation and 
                management, who shall be appointed by the Governor of 
                Alaska.
                    (C) Four members who are knowledgeable and 
                experienced with regard to the salmon fisheries on the 
                Yukon River, who shall be appointed by the Secretary of 
                State in accordance with paragraph (2).
            (2) Appointees from alaska.--(A) The Secretary of State 
        shall appoint the members under paragraph (1)(C) from a list of 
        at least three individuals nominated for each position by the 
        Governor of Alaska.
            (B) In making the nominations, the Governor of Alaska may 
        consider suggestions for nominations provided by organizations 
        with expertise in Yukon River salmon fisheries.
            (C) The Governor of Alaska may make appropriate nominations 
        to allow for appointment of, and the Secretary of State shall 
        appoint, under paragraph (1)(C)--
                    (i) at least one member who is qualified to 
                represent the interests of Lower Yukon River fishing 
                districts; and
                    (ii) at least one member who is qualified to 
                represent the interests of Upper Yukon River fishing 
                districts.
            (D) At least one of the members appointed under paragraph 
        (1)(C) shall be an Alaska Native.
            (3) Alternates.--(A) The Secretary of State may designate 
        an alternate Panel member for each Panel member the Secretary 
        appoints under paragraphs (1)(A) and (C), who meets the same 
        qualifications, to serve in the absence of the Panel member.
            (B) The Governor of the State of Alaska may designate an 
        alternative Panel member for the Panel member appointed under 
        subsection (b)(1)(B), who meets the same qualifications, to 
        serve in the absence of that Panel member.
    (c) 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.
    (d) Reappointment.--Panel members and alternate Panel members shall 
be eligible for reappointment.
    (e) Decisions.--Decisions of the Panel shall be made by the 
consensus of the Panel members appointed under subparagraphs (B) and 
(C) of subsection (b)(1).
    (f) Consultation.--In carrying out their functions, Panel members 
may consult with such other interested parties as they consider 
appropriate.

SEC. 203. ADVISORY COMMITTEE.

    (a) Appointments.--The Governor of Alaska may establish and appoint 
an advisory committee of not less than eight, but not more than 12, 
individuals who are knowledgeable and experienced with regard to the 
salmon fisheries on the Yukon River. At least two of the advisory 
committee members shall be Alaska Natives. Members of the advisory 
committee may attend all meetings of the Panel, and shall be given the 
opportunity to examine and be heard on any matter under consideration 
by the Panel.
    (b) Compensation.--The members of such advisory committee shall 
receive no compensation for their services.
    (c) Term Length.--Members of such advisory committee 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.--Members of such advisory committee shall be 
eligible for reappointment.

SEC. 204. EXEMPTION.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Panel or to an advisory committee established under section 203.

SEC. 205. 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 any agreement with Canada regarding 
management of salmon stocks originating from the Yukon River in Canada.
    (b) Effect of Designation.--The designation under subsection (a) 
shall not be considered to expand, diminish, or otherwise 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 
any agreement with Canada regarding management of salmon stocks 
originating from the Yukon River in Canada, the Panel may make 
recommendations concerning the conservation and management of salmon 
originating in the Yukon River to the Department of the Interior, the 
Department of Commerce, the Department of State, the North Pacific 
Fishery Management Council, and other Federal or State entities as 
appropriate. Recommendations by the Panel shall be advisory in nature.

SEC. 206. ADMINISTRATIVE MATTERS.

    (a) Compensation.--Panel members and alternate Panel members who 
are not State or Federal employees shall receive compensation at the 
daily rate of GS-15 of the General Schedule when engaged in the actual 
performance of duties.
    (b) Travel and Other Necessary Expenses.--Travel and other 
necessary expenses shall be paid by the Secretary of the Interior for 
all Panel members, alternate Panel members, and members of any advisory 
committee established under section 203 when engaged in the actual 
performance of duties.
    (c) Treatment as Federal Employees.--Except for officials of the 
United States Government, all Panel members, alternate Panel members, 
and members of any advisory committee established under section 203 
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. 207. YUKON RIVER SALMON STOCK RESTORATION AND ENHANCEMENT 
              PROJECTS.

    (a) In General.--The Secretary of the Interior, in consultation 
with the Secretary of Commerce, may carry out projects to restore or 
enhance salmon stocks originating from the Yukon River in Canada and 
the United States.
    (b) Cooperation With Canada.--If there is in effect an agreement 
between the Government of the United States and the Government of 
Canada for the conservation of salmon stocks originating from the Yukon 
River in Canada that includes provisions governing projects authorized 
under this section, then--
            (1) projects under this section shall be carried out in 
        accordance with that agreement; and
            (2) amounts available for projects under this section--
                    (A) shall be expended in accordance with the 
                agreement; and
                    (B) may be deposited in any joint account 
                established by the agreement to fund such projects.

SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of the 
Interior to carry out this title $4,000,000 for each of fiscal years 
2000, 2001, 2002, and 2003, of which--
            (1) such sums as are necessary shall be available each 
        fiscal year for travel expenses of Panel members, alternate 
        Panel members, United States members of the Joint 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), and members of an advisory 
        committee established and appointed under section 203, in 
        accordance with Federal Travel Regulations and sections 5701, 
        5702, 5704 through 5708, and 5731 of title 5, United States 
        Code;
            (2) such sums as are necessary shall be available for the 
        United States share of expenses incurred by the Joint Technical 
        Committee and any panel established by any agreement between 
        the Government of the United States and the Government of 
        Canada for restoration and enhancement of salmon originating in 
        Canada;
            (3) up to $3,000,000 shall be available each fiscal year 
        for activities by the Department of the Interior and the 
        Department of Commerce for survey, restoration, and enhancement 
        activities related to salmon stocks originating from the Yukon 
        River in Canada, of which up to $1,200,000 shall be available 
        each fiscal year for Yukon River salmon stock restoration and 
        enhancement projects under section 207(b); and
            (4) $600,000 shall be available each fiscal year for 
        cooperative salmon research and management projects in the 
        portion of the Yukon River drainage located in the United 
        States that are recommended by the Panel.

               TITLE III--FISHERY INFORMATION ACQUISITION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Fisheries Survey Vessel 
Authorization Act of 1999''.

SEC. 302. ACQUISITION OF FISHERY SURVEY VESSELS.

    (a) In General.--The Secretary, subject to the availability of 
appropriations, may in accordance with this section acquire, by 
purchase, lease, lease-purchase, or charter, and equip up to six 
fishery survey vessels in accordance with this section.
    (b) Vessel Requirements.--Any vessel acquired and equipped under 
this section must--
            (1) be capable of--
                    (A) staying at sea continuously for at least 30 
                days;
                    (B) conducting fishery population surveys using 
                hydroacoustic, longlining, deep water, and pelagic 
                trawls, and other necessary survey techniques; and
                    (C) conducting other work necessary to provide 
                fishery managers with the accurate and timely data 
                needed to prepare and implement fishery management 
                plans; and
            (2) have a hull that meets the International Council for 
        Exploration of the Sea standard regarding acoustic quietness.
    (c) Authorization.--To carry out this section there are authorized 
to be appropriated to the Secretary <DELETED>$60,000,000. 
</DELETED>$60,000,000 for each of fiscal years 2002 and 2003.

                        TITLE IV--MISCELLANEOUS

SEC. 401. USE OF AIRCRAFT PROHIBITED.

    Section 7(a) of the Atlantic Tunas Convention Act of 1975 (16 
U.S.C. 971e(a)) is amended--
            (1) by striking ``or'' after the semicolon in paragraph 
        (1);
            (2) by striking ``fish.'' in paragraph (2) and inserting 
        ``fish; or''; and
            (3) by adding at the end the following:
            ``(3) for any person, other than a person holding a valid 
        Federal permit in the purse seine category--
                    ``(A) to use an aircraft to locate or otherwise 
                assist in fishing for, catching, or retaining Atlantic 
                bluefin tuna; or
                    ``(B) to catch, possess, or retain Atlantic bluefin 
                tuna located by use of an aircraft.''.

SEC. 402. FISHERIES RESEARCH VESSEL PROCUREMENT.

    Notwithstanding section 644 of title 15, United States Code, and 
section 19.502-2 of title 48, Code of Federal Regulations, the 
Secretary of Commerce shall seek to procure Fisheries Research Vessels 
through full and open competition from responsible United States 
shipbuilding companies irrespective of size. Any such procurement shall 
require, as an award criterion, that at least 40 percent of the value 
of the total contract for the construction and outfitting of each craft 
be obtained from responsible small business concerns either directly or 
through subcontracting.
                                                       Calendar No. 569

106th CONGRESS

  2d Session

                               H. R. 1651

                          [Report No. 106-302]

_______________________________________________________________________

                                 AN ACT

 To amend the Fishermen's Protective Act of 1967 to extend the period 
 during which reimbursement may be provided to owners of United States 
  fishing vessels for costs incurred when such a vessel is seized and 
         detained by a foreign country, and for other purposes.

_______________________________________________________________________

                              May 23, 2000

                       Reported with an amendment