[106th Congress Public Law 450]
[From the U.S. Government Printing Office]
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[DOCID: f:publ450.106]
[[Page 114 STAT. 1941]]
Public Law 106-450
106th Congress
An Act
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. <<NOTE: Nov. 7,
2000 - [H.R. 1651]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE <<NOTE: Fishermen's Protective Act Amendments of 2000.>> I--
EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S PROTECTIVE ACT
OF 1967
SEC. 101. SHORT TITLE. <<NOTE: 22 USC 1971 note.>>
This title may be cited as the ``Fishermen's Protective Act
Amendments of 2000''.
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 <<NOTE: Yukon River Salmon Act of
2000. Alaska. Canada.>>
SEC. 201. SHORT TITLE. <<NOTE: 16 USC 5701 note.>>
This title may be cited as the ``Yukon River Salmon Act of 2000''.
SEC. 202. YUKON RIVER SALMON PANEL. <<NOTE: 16 USC 5721.>>
(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
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(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 4-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.
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(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. <<NOTE: 16 USC 5722.>>
(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 2-
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. <<NOTE: 16 USC 5723.>>
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. <<NOTE: 16 USC 5724.>>
(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. <<NOTE: 16 USC 5725.>>
(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
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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. <<NOTE: 16 USC 5726.>>
(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. <<NOTE: 16 USC 5727.>>
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
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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 <<NOTE: Fisheries Survey Vessel Authorization Act of 2000.>>
III--FISHERY INFORMATION ACQUISITION
SEC. 301. SHORT TITLE. <<NOTE: 38 USC 891b note.>>
This title may be cited as the ``Fisheries Survey Vessel
Authorization Act of 2000''.
SEC. 302. ACQUISITION OF FISHERY SURVEY VESSELS. <<NOTE: 33 USC 891b
note.>>
(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 for each of fiscal years
2002 and 2003.
TITLE IV--MISCELLANEOUS
SEC. 401. FISHERIES RESEARCH VESSEL PROCUREMENT. <<NOTE: 33 USC 891e
note.>>
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
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Vessels through full and open competition from responsible United States
shipbuilding companies irrespective of size.
Approved November 7, 2000.
LEGISLATIVE HISTORY--H.R. 1651:
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HOUSE REPORTS: No. 106-197 (Comm. on Resources).
SENATE REPORTS: No. 106-302 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
Sept. 13, considered and passed
House.
Vol. 146 (2000):
June 26, considered and passed
Senate, amended.
Sept. 18, House concurred in Senate
amendment with an amendment.
Oct. 25, Senate concurred in House
amendment.
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