[Congressional Record Volume 145, Number 165 (Friday, November 19, 1999)]
[Senate]
[Pages S15155-S15156]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       GLACIER BAY FISHERIES ACT

  The Senate proceeded to consider the bill (S. 501) to address 
resource management issues in Glacier Bay National Park, Alaska, which 
had been reported from the Committee on Energy and Resources, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. RESOURCE MANAGEMENT AND USE.

       (a) Section 202(1) of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 410hh-1) is amended by adding at 
     the end thereof the following new sentence: ``Subsistence 
     fishing and gathering by local residents shall be permitted 
     in the park and preserve in accordance with the provisions of 
     title VIII.''.
       (b) Within the boundaries of Glacier Bay National Park, the 
     Secretary of the Interior shall not take any action that 
     would adversely affect--
       (1) subsistence fishing and gathering under title VIII of 
     the Alaska National Interest Lands Conservation Act (16 
     U.S.C. 3111 et seq.);
       (2) management by the State of Alaska of marine fisheries 
     including subsistence and commercial fisheries, in accordance 
     with the principles of sustained yield, except that 
     commercial fishing for Dungeness crab shall be prohibited; 
     and,
       (3) subsistence gathering activities permitted under the 
     Migratory Bird Treaty.
       (c) Nothing in this section shall enlarge or diminish 
     Federal or State title, jurisdiction or authority with 
     respect to the waters of the State of Alaska, the waters 
     within the boundaries of Glacier Bay National Park and 
     Preserve, or the tidal or submerged lands.

     SEC. 3. CLAIMS FOR LOST EARNINGS.

       Section 3(g) of Public Law 91-383 (16 U.S.C. 1a-2(g)) is 
     amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (2) the following:
       ``(3) to pay an aggregate of not more than $2,000,000 per 
     fiscal year in actual and punitive damages to persons who, at 
     any time after January 1, 1999, suffered or suffer a loss in 
     earnings from commercial fisheries legally conducted in the 
     marine waters of Glacier Bay National Park, due to any action 
     by an officer, employee, or agent of any Federal department 
     or agency.''

  Amendment No. 2801 was agreed to as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Glacier Bay National Park 
     Resource Management Act of 1999''.

     SEC. 2. DEFINITIONS.

       As used in this Act--
       (1) the term ``local residents'' means those persons living 
     within the vicinity of Glacier Bay National Park and 
     Preserve, including but not limited to the residents of 
     Hoonah, Alaska, who are descendants of those who had an 
     historic and cultural tradition of sea gull egg gathering 
     within the boundary of what is now Glacier Bay National Park 
     and Preserve.
       (2) the term ``outer waters'' means all of the marine 
     waters within the park outside of Glacier Bay proper;
       (3) the term ``park'' means Glacier Bay National Park.
       (4) the term ``Secretary'' means the Secretary of the 
     Interior; and
       (5) the term ``State'' means the State of Alaska.

     SEC. 3. COMMERCIAL FISHING.

       (a) In General.--The Secretary shall allow for commercial 
     fishing in the outer waters of the park in accordance with 
     the management plan referred to in subsection (b) in a manner 
     that provides for the protection of park resources and 
     values.
       (b) Management Plan.--The Secretary and the State shall 
     cooperate in the development of a management plan for the 
     regulation of commercial fisheries in the outer waters of the 
     park in accordance with existing Federal and State laws and 
     any applicable international conservation and management 
     treaties.

[[Page S15156]]

       (c) Savings.--(1) Nothing in this Act shall alter or affect 
     the provisions of section 123 of the Department of the 
     Interior and Related Agencies Appropriations Act for Fiscal 
     Year 1999 (Public Law 105-277), as amended by section 501 of 
     the 1999 Emergency Supplemental Appropriations Act (Public 
     Law 106-31).
       (2) Nothing in this Act shall enlarge or diminish Federal 
     or State title, jurisdiction, or authority with respect to 
     the waters of the State of Alaska, the waters within Glacier 
     Bay National Park and Preserve, or tidal or submerged lands.
       (d) Study.--(1) Not later than one year after the date 
     funds are made available, the Secretary, in consultation with 
     the State, the National Marine Fisheries Service, the 
     International Pacific Halibut Commission, and other affected 
     agencies shall develop a plan for a comprehensive multi-
     agency research and monitoring program to evaluate the health 
     of fisheries resources in the park's marine waters, to 
     determine the effect, if any, of commercial fishing on--
       (A) the productivity, diversity, and sustainability of 
     fishery resources in such waters; and
       (B) park resources and values.
       (2) The Secretary shall promptly notify the Committee on 
     Energy and Natural Resources of the United States Senate and 
     the Committee on Resources of the United States House of 
     Representatives upon the completion of the plan.
       (3) The Secretary shall complete the program set forth in 
     the plan not later than seven years after the date the 
     Congressional Committees are notified pursuant to paragraph 
     (2), and shall transmit the results of the program to such 
     Committees on a biennial basis.

     SEC. 4. SEA GULL EGG COLLECTION STUDY.

       (a) Study.--the Secretary, in consultation with local 
     residents, shall undertake a study of sea gulls living within 
     the park to assess whether sea gull eggs can be collected on 
     a limited basis without impairing the biological 
     sustainability of the sea gull population in the park. The 
     study shall be completed no later than two years after the 
     date funds are made available.
       (b) Recommendations.--If the study referred to in 
     subsection (a) determines that the limited collection of sea 
     gull eggs can occur without impairing the biological 
     sustainability of the sea gull population in the park, the 
     Secretary shall submit recommendations for legislation to the 
     Committee on Energy and Natural Resources of the United 
     States Senate and the Committee on Resources of the United 
     States House of Representatives.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as are 
     necessary to carry out this Act.''.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 501), as amended, was read the third time and passed, as 
follows:

                                 S. 501

       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 ``Glacier Bay National Park 
     Resource Management Act of 1999''.

     SEC. 2. DEFINITIONS.

       As used in this Act--
       (1) the term ``local residents'' means those persons living 
     within the vicinity of Glacier Bay National Park and 
     Preserve, including but not limited to the residents of 
     Hoonah, Alaska, who are descendants of those who had an 
     historic and cultural tradition of sea gull egg gathering 
     within the boundary of what is now Glacier Bay National Park 
     and Preserve;
       (2) the term ``outer waters'' means all of the marine 
     waters within the park outside of Glacier Bay proper;
       (3) the term ``park'' means Glacier Bay National Park;
       (4) the term ``Secretary'' means the Secretary of the 
     Interior; and
       (5) the term ``State'' means the State of Alaska.

     SEC. 3. COMMERCIAL FISHING.

       (a) In General.--The Secretary shall allow for commercial 
     fishing in the outer waters of the park in accordance with 
     the management plan referred to in subsection (b) in a manner 
     that provides for the protection of park resources and 
     values.
       (b) Management Plan.--The Secretary and the State shall 
     cooperate in the development of a management plan for the 
     regulation of commercial fisheries in the outer waters of the 
     park in accordance with existing Federal and State laws and 
     any applicable international conservation and management 
     treaties.
       (c) Savings.--(1) Nothing in this Act shall alter or affect 
     the provisions of section 123 of the Department of the 
     Interior and Related Agencies Appropriations Act for Fiscal 
     Year 1999 (Public Law 105-277), as amended by section 501 of 
     the 1999 Emergency Supplemental Appropriations Act (Public 
     Law 106-31).
       (2) Nothing in this Act shall enlarge or diminish Federal 
     or State title, jurisdiction, or authority with respect to 
     the waters of the State of Alaska, the waters within Glacier 
     Bay National Park and Preserve, or tidal or submerged lands.
       (d) Study.--(1) Not later than one year after the date 
     funds are made available, the Secretary, in consultation with 
     the State, the National Marine Fisheries Service, the 
     International Pacific Halibut Commission, and other affected 
     agencies shall develop a plan for a comprehensive multi-
     agency research and monitoring program to evaluate the health 
     of fisheries resources in the park's marine waters, to 
     determine the effect, if any, of commercial fishing on--
       (A) the productivity, diversity, and sustainability of 
     fishery resources in such waters; and
       (B) park resources and values.
       (2) The Secretary shall promptly notify the Committee on 
     Energy and Natural Resources of the United States Senate and 
     the Committee on Resources of the United States House of 
     Representatives upon the completion of the plan.
       (3) The Secretary shall complete the program set forth in 
     the plan not later than seven years after the date the 
     Congressional Committees are notified pursuant to paragraph 
     (2), and shall transmit the results of the program to such 
     Committees on a biennial basis.

     SEC. 4. SEA GULL EGG COLLECTION STUDY.

       (a) Study.--The Secretary, in consultation with local 
     residents, shall undertake a study of sea gulls living within 
     the park to assess whether sea gull eggs can be collected on 
     a limited basis without impairing the biological 
     sustainability of the sea gull population in the park. The 
     study shall be completed no later than two years after the 
     date funds are made available.
       (b) Recommendations.--If the study referred to in 
     subsection (a) determines that the limited collection of sea 
     gull eggs can occur without impairing the biological 
     sustainability of the sea gull population in the park, the 
     Secretary shall submit recommendations for legislation to the 
     Committee on Energy and Natural Resources of the United 
     States Senate and the Committee on Resources of the United 
     States House of Representatives.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as are 
     necessary to carry out this Act.

                          ____________________