PUBLIC LAW 106–450—NOV. 7, 2000 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.

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 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

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Yukon River Salmon Act of

2000’’.

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

16 USC 5721.

16 USC 5701

note.

Yukon River

Salmon Act of

2000.

Alaska.

Canada.

22 USC 1971

note.

Fishermen’s

Protective Act

Amendments of

2000.

Nov. 7, 2000

[H.R. 1651]

114 STAT. 1942 PUBLIC LAW 106–450—NOV. 7, 2000

(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.

PUBLIC LAW 106–450—NOV. 7, 2000 114 STAT. 1943

(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 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.

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

16 USC 5725.

16 USC 5724.

16 USC 5723.

16 USC 5722.

114 STAT. 1944 PUBLIC LAW 106–450—NOV. 7, 2000

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

16 USC 5727.

16 USC 5726.

PUBLIC LAW 106–450—NOV. 7, 2000 114 STAT. 1945

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 2000’’.

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 for each of

fiscal years 2002 and 2003.

TITLE IV—MISCELLANEOUS

SEC. 401. 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

33 USC 891e

note.

33 USC 891b

note.

38 USC 891b

note.

Fisheries Survey

Vessel

Authorization

Act of 2000.

114 STAT. 1946 PUBLIC LAW 106–450—NOV. 7, 2000

LEGISLATIVE HISTORY—H.R. 1651:

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.

Æ

Vessels through full and open competition from responsible United

States shipbuilding companies irrespective of size.

Approved November 7, 2000.