[Congressional Record (Bound Edition), Volume 145 (1999), Part 15]
[House]
[Pages 21279-21281]
[From the U.S. 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

[[Page 21280]]

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 
     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

[[Page 21281]]

     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 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. 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. 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.

                          ____________________