[Congressional Record Volume 145, Number 118 (Monday, September 13, 1999)]
[House]
[Pages H8113-H8115]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FISHERMAN'S PROTECTIVE ACT AMENDMENTS OF 1999
Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1651) to amend the Fisherman'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, as amended.
The Clerk read as follows:
H.R. 1651
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
[[Page H8114]]
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 3 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 8, but not
more than 12, individuals who are knowledgeable and
experienced with regard to the salmon fisheries on the Yukon
River. At least 2 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 6 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 $60,000,000.
Amend the title so as to read: ``To amend the Fishermen's
Protective
[[Page H8115]]
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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Saxton) and the gentleman from American Samoa (Mr.
Faleomavaega) each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Saxton).
Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
(Mr. SAXTON asked and was given permission to revise and extend his
remarks and include extraneous material.)
Mr. SAXTON. Mr. Speaker, H.R. 1651 is a package of noncontroversial
bills that should pass this body without much debate.
The first title amends the Fisherman's Protective Act to extend the
period of time during which reimbursements may be provided to owners of
U.S. fishing vessel for costs incurred when a vessel is illegally
seized and detained by a foreign country. The time period is extended
from October 1, 2000, to October 1, 2003.
The second title, the Yukon River Salmon Act of 1999, establishes the
Yukon River Salmon Panel, which will advise the Secretary of State
regarding negotiations on any international agreement with Canada
relating to the management of salmon stocks originating from the Yukon
River.
In addition, the panel will advise the Secretary of the Interior and
the Alaska Department of Fish and Game regarding restoration and
enhancement of Yukon River salmon.
In 1995, Congress passed the Yukon River Salmon Act as part of the
Fisheries Act of 1995. This Act created the Yukon River Salmon Panel,
as required in the interim agreement between the United States and
Canada for the conservation of Yukon River salmon stocks originating in
Canada.
This interim agreement expired in March of 1998. The expiration of
the interim agreement has made the role of the Yukon Salmon Panel
unclear. This legislation authorizes the panel and its activities,
regardless of the agreement with Canada. If a new agreement cannot be
reached between United States and Canada, the Secretary of State is
authorized to appoint the advisory panel members to any panel created
by the new agreement. The authorized appropriations in this title have
been capped at the level authorized in 1995.
The third title to the bill authorizes the Secretary of Commerce to
acquire and equip a fishery survey vessel. This new vessel will provide
fishery managers with accurate and timely data necessary to implement
the fishery management plans and to meet international treaty
obligations.
Mr. Speaker, I ask for an aye vote on the bill, and I reserve the
balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I would like to initially commend the
gentleman from New Jersey (Mr. Saxton), the chairman of our
Subcommittee on Fisheries Conservation, Wildlife and Oceans, and as the
ranking member of that subcommittee, again I want to thank the
gentleman for his leadership and for his ability to bring these pieces
of legislation under a substitute format.
I also want to thank the chairman of our Committee on Resources, the
gentleman from Alaska (Mr. Young), and the gentleman from California
(Mr. Miller), our ranking Democrat, for their support of this
legislation.
Mr. Speaker, the three fisheries-related bills included in the
substitute amendment that will be offered are noncontroversial and have
the full support of the administration. Thus, I do urge that the
substitute be adopted by my colleagues.
I am particularly pleased this bill will authorize funding to
construct a fisheries research vessel. The fleet of research vessels
operated by the National Oceanic and Atmospheric Administration, Mr.
Speaker, is aging. Without modern vessels, NOAA will be unable to
obtain accurate data on fish stocks and oceanographic conditions, and
thus will compromise the Administration's ability to manage our
Nation's fisheries as mandated by the Magnuson-Stevens Act and several
international treaties.
Mr. Speaker, this bill will authorize funds for one vessel. I look
forward to working with the chairman of the Committee on Resources to
authorize funds in future years to modernize NOAA's fishing research
fleet, not only for ships in Alaska, but throughout our Nation's
waters, so our administration can gather the best data possible to
fulfill its statutory obligations and successfully manage our $3
billion annual commercial fishing industry.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would just like to thank the gentleman from American
Samoa, the ranking member of the subcommittee, for his great work in
support in getting this bill to the floor. It is much appreciated.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Saxton) that the House suspend the rules
and pass the bill, H.R. 1651, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title was amended so as to read:
``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.''.
A motion to reconsider was laid on the table.
____________________