[Congressional Record Volume 144, Number 141 (Friday, October 9, 1998)]
[Senate]
[Pages S12208-S12209]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           GLACIER BAY MANAGEMENT AND PROTECTION ACT OF 1998

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                      MURKOWSKI AMENDMENT NO. 3807

  (Ordered to lie on the table.)
  Mr. MURKOWSKI submitted an amendment intended to be proposed by him 
to the bill (S. 1064) to amend the Alaska National Interest Lands 
Conservation Act to more effectively manage visitor service and fishing 
activity in Glacier Bay National Park, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert in lieu 
     thereof the following:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Glacier Bay Fisheries Act'.

     ``SEC. 2. FISHERIES MANAGEMENT.

       ``Hereafter, commercial fishing shall be allowed to occur 
     in the marine waters of Glacier Bay National Park, except 
     that--
       ``(1) fishing in Glacier Bay north of a line drawn from 
     Point Carolus to Point Gustavus may be limited to the use of 
     longlining for halibut, the use of pots and ring nets for 
     crab, and troll gear for salmon;
       ``(2) the waters of Rendu Inlet, Adams Inlet, and the 
     Scidmore Bay-Hugh Miller Inlet-Charpentier Inlet complex 
     shall be closed to commercial fishing; and,
       ``(3) fishing for Dungeness crab shall be permitted in the 
     Beardslee Islands and in upper Dundas Bay, but may be limited 
     to the number of individuals who harvested Dungeness crab in 
     either the Beardslee Islands or upper Dundas Bay in 1995, 
     1986 or 1997.

     ``SEC. 3 EFFECT ON TIDAL AND SUBMERGED LAND.

       ``(a) Nothing in this Act invalidates, or in any other ways 
     affects any claim of the State of Alaska to title to any 
     tidal or submerged land.
       ``(b) No action taken pursuant to or in accordance with 
     this Act shall bar the State of Alaska from asserting at any 
     time its claim of title to any tidal or submerged land.
       ``(c) Nothing in this Act, and no action taken pursuant to 
     this Act, shall expand or diminish Federal or State 
     jurisdiction, responsibility, interests, or rights in the 
     management, regulation, or control of waters or tidal or 
     submerged land of the State of Alaska.''

  Mr. MURKOWSKI. Mr. President, I am both throwing down a gauntlet and 
laying down a marker on this subject of fishing in Glacier Bay.
  Native Alaskans have used Glacier Bay to obtain fish and other 
foodstuffs essential to them for many thousands of years, and not long 
after the United States acquired Alaska, commercial fishing started 
there also. In all the time since, fishing has caused absolutely no 
harm to the values that make this area one of America's premier 
national parks.
  Parts of Glacier Bay were declared as a national monument in 1925, to 
promote the study of flora, fauna and geology of post-glacial terrain. 
Glacier Bay was ideal for this purpose. When visited by Capt. George 
Vancouver in the late 18th century it was closed by a geologically 
recent glacial advance, but by the time John Muir visited in the 
1880's, Native fishermen had resumed their age-old practice of fishing 
here every summer.
  In 1939, the national monument was expanded. In 1980, it was expanded 
again, and most of it was redesignated as a national park.
  Mr. President, just as the Federal Government spoke with a ``forked 
tongue'' to Native Americans throughout much of our history, so it has 
spoken to the Tlingits and to the other local residents who rely on 
Glacier Bay for their livelihoods and for their sustenance. Throughout 
the history of government proclamations, local Natives and commercial 
fishermen have been promised that their activities would be respected--
yet a few years ago, the government decided to ignore its promises and 
began a concerted effort to banish both commercial and subsistence 
fishing.
  It has been aided and abetted by some of the sleaziest tactics I have 
ever seen--a network of half-truths and outright lies about the 
fisheries, the fishermen, and about our efforts to save them.
  Mr. President, this is just plain wrong. It is an affront to every 
American who believes the government's promises should be worth 
something, and there are still a few of us left, despite everything.
  I had hopes that reasonable people could work this issue out. Indeed, 
earlier this year I delayed further action on my own efforts to craft 
compromise legislation in order to allow additional time to the 
fishermen, State of Alaska representatives and others who have been 
trying to develop a consensus.
  Unfotunately, these efforts have been stymied by the refusal of the 
national environmental organizations to agree to fair treatment of 
these historical users. For that reason, I supported putting a one-year 
regulatory moratorium into the Interior appropriation, so as to allow 
additional time to work on this issue at the local level.
  Regrettably, the Department of the Interior and its allies are not 
willing to continue working toward a consensus. Instead, they refused 
to accept the moratorium language, and insisted on going forward with 
regulations to put the fishermen out of business.

[[Page S12209]]

  There is a real inconsistency here; in the same bays and inlets where 
they insist fishing is an unacceptable commercial activity, they are 
only too happy to allow tour vessels with thousands of visitors.
  Soon, perhaps within hours, perhaps within a few days, we will pass 
an omnibus appropriation measure that makes one of Washington's insider 
``deals'' on this issue. Under the deal, a minimum payment will be made 
to get some fishermen to disappear altogether, and a handful of others 
will be told that they will be allowed to fish, but that their current 
right to sell or bequeath their fishing permits to their children has 
just evaporated forever.
  I repeat, Mr. President, what is happening here is just plain wrong.
  For that reason, I am today offering an amendment to my earlier bill. 
I will introduce another such a bill in January of next year, and In 
intend to introduce such a bill every January hereafter until justice 
is done. I will also welcome the assistance of the State of Alaska in 
asserting its right of jurisdiction over the management of these 
fisheries.
  Come what may, I will not stand by and allow these existing small 
fishing operators to be lost in Glacier Bay.

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