[Congressional Record Volume 146, Number 82 (Monday, June 26, 2000)]
[Senate]
[Pages S5769-S5771]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FISHERMEN'S PROTECTIVE ACT AMENDMENTS OF 1967
Mr. THOMAS. I ask unanimous consent the Senate proceed to
consideration of Calendar No. 569, H.R. 1651.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 1651) 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.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science,
Transportation, with an amendment.
[Omit the part in boldface brackets and insert the part printed in
italic]
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.
[[Page S5770]]
(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 [$60,000,000.]
$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.
Amendment No. 3621
(Purpose: To strike the 40 percent SBA set-aside for the fish research
vessel procurement)
Mr. THOMAS. Senator Snowe has an amendment at the desk. I ask for its
immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Wyoming [Mr. Thomas], for Ms. Snowe,
proposes an amendment numbered 3621:
On page 13, beginning with ``Any'' in line 23, strike
through line 2 on page 14.
THE PRESIDING OFFICER. If there be no further debate, the question is
on agreeing to the amendment.
The amendment (No. 3621) was agreed to.
Ms. SNOWE. Mr. President, I rise in support of H.R. 1651, the
Fishermen's Protective Act Amendments of 1999. This bill makes a number
of conservation and management improvements to several important
fisheries laws. First, it amends the Fishermen's Protective Act of 1967
to extend current law from
[[Page S5771]]
fiscal year 2000 to fiscal year 2003 so that reimbursement may be
provided to owners of U.S. fishing vessels illegally detained or seized
by foreign countries. In 1998, there were not any claims filed under
this law, but in 1996 and 1997, U.S. vessel owners were reimbursed over
$290,000 based on 261 claims for illegal transit fees charged by
Canada. Because this provision of the law has expired, the bill will
ensure that U.S. vessels who are illegally seized or fined are able to
seek reimbursement.
Second, the bill establishes a panel to advise the Secretaries of
State and Interior on Yukon River Salmon management issues in Alaska.
In 1985, the United States and Canada signed the Pacific Salmon Treaty.
This treaty established a framework with which to bilaterally manage
their shared salmon stocks. Ten years later, the countries signed an
interim agreement regarding management of the stock of salmon in the
Yukon River. The United States implemented the agreement on Yukon River
salmon through the Fisheries Act of 1995, creating a Yukon River salmon
panel and advisory committee.
When the interim agreement expired in 1998, it was unclear whether
the advisory panel was still authorized to recommend salmon restoration
measures. This bill codifies the Yukon River Salmon Panel, established
under the 1995 interim agreement, to advise the Secretary of State on
Yukon River Salmon management, advise the Secretary of Interior on
enhancement and restoration of the salmon stocks, and perform other
activities that relate to the conservation and management of Yukon
River salmon stocks. H.R. 1651, as amended, also authorizes $4 million
a year for each of fiscal years 2000 through 2003. Up to $3 million of
these funds can be used by the Departments of Commerce and Interior for
survey, restoration, and enhancement projects related to Yukon River
salmon. In addition, the reported bill authorizes $600,000 for
cooperative salmon research and management projects in the United
States portion of the Yukon River drainage area that have been
recommended by the Panel.
Third, the bill, as amended by the Commerce Committee, authorizes $60
million for each of the fiscal years 2002 and 2003 for the Secretary of
Commerce to acquire two fishery research vessels. These vessels are one
of the most important fishery management tools available to federal
scientists. Because they conduct the vast majority of fishery stock
assessments, their reliability is critical to fishery management.
Species abundance, recruitment, age class composition, and responses to
ecological change and fishing pressure can all be studied with these
research platforms. The information obtained using them is critical for
the improvement of the regulations governing fisheries management.
In New England, there is only one NOAA research vessel--the Albatross
IV. This vessel is 38 years old, at the end of its useful life, and
practically obsolete. Despite this, the vessel continues to collect the
survey data that is used for management decisions regarding valuable
Northeast fisheries stocks, including cod, haddock and herring. A
replacement vessel is crucial to maintaining the existing ability to
collect the long term fisheries, oceanographic, and biological data
necessary to improve fishery management decisions. According to the
Commerce Department, the deterioration of the Albatross IV has created
an urgent need for a replacement vessel in the Northeast.
Finally, the bill also addresses the use of spotter aircraft in the
New England-based Atlantic bluefin tuna (ABT) fishery. Mr. President,
in 1998, the Highly Migratory Species Advisory Panel, established under
the Magnuson-Stevens Fishery Conservation and Management Act,
unanimously requested and advised the Secretary of Commerce to prohibit
the use of spotter aircraft in the General and Harpoon categories of
the ABT fishery. The use of these planes can accelerate the catch rates
and closures in the General and Harpoon categories. In turn, the
accelerated catch rates can have an adverse impact on the scientific
and conservation objectives of the highly migratory species fishery
management plan and the communities that depend on the fishery.
Moreover, the use of such aircraft has resulted in an unsafe and often
hostile environment in the ABT fishery.
Over two years ago, NMFS issued a proposed rule to adopt the Advisory
Panel recommendation. Unfortunately, NMFS has delayed the rule time and
again, and ultimately failed to finalize it. Consequently, it has
become necessary to take legislative action on the issue. This bill
adopts the Commerce Secretary's Advisory Panel recommendation and
prohibits the use of spotter aircraft in the General and Harpoon
categories of the Atlantic bluefin tuna fishery.
I thank Senator Kerry, the ranking member of the Oceans and Fisheries
Subcommittee for his hard work and support, especially with regard to
the provisions related to the NOAA fishery research vessels and the
Atlantic bluefin tuna fishery. Both of these provisions are quite
important in New England. I would also like to express my appreciation
to Senator McCain, the Chairman of the Commerce Committee and Senator
Hollings, the ranking member of the Committee for their bipartisan
support of this measure. I urge the Senate to pass H.R. 1651, as
amended.
Mr. THOMAS. Mr. President, I ask unanimous consent the committee
amendment, as amended be agreed to, the bill be read a third time and
passed, the motion to reconsider be laid upon the table, and that any
statements relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments were ordered to be engrossed and the bill was read the
third time and passed.
____________________