[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.

                          ____________________