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103D CONGRESS

1ST SESSION H. R. 704

To regulate fishing in certain waters of Alaska.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 27, 1993

Mr. YOUNG of Alaska introduced the following bill; which was referred jointly

to the Committees on Natural Resources and Merchant Marine and Fisheries

A BILL

To regulate fishing in certain waters of Alaska.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DEFINITIONS.

4 For the purposes of this Act, the term ‘‘Glacier Bay

5 National Park’’ means the national park and national pre6 serve redesignated, established or expanded under section

7 202(1) of the Alaska National Interest Lands Conserva8 tion Act (16 U.S.C. 410hh–1).

9 SEC. 2. SUBSISTENCE USE.

10 Subsistence fishing and gathering by local residents,

11 including but not limited to the residents of Hoonah, shall

12 be allowed in Glacier Bay National Park in accordance
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1 with the provisions of title VIII of the Alaska National

2 Interest Lands Conservation Act (16 U.S.C. 3111 through

3 3126).

4 SEC. 3. COMMERCIAL FISHING.

5 (a) Commercial fishing shall be allowed in all marine

6 waters of Glacier Bay National Park except areas des7 ignated as wilderness under section 701(3) of the Alaska

8 National Interest Lands Conservation Act (16 U.S.C.

9 1132 note).

10 (b) Within the marine waters of Glacier Bay north

11 of a line drawn point to point from Point Carolus to Point

12 Gustavus—

13 (1) the annual average commercial fishing ef14 fort for each species shall be maintained at a level

15 no greater than the average annual effort which ex16 isted for that species during the period from 1981

17 through 1991, as determined by the State of Alaska

18 in consultation with the Secretary of the Interior;

19 and

20 (2) only those types of commercial fishing gear

21 in use between 1981 and the date of enactment of

22 this Act shall be allowed.

23 (c) Within Glacier Bay National Park, commercial

24 fishing seasons shall, to the extent possible, be consistent

25 with and not exceed the commercial fishing seasons estab-
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1 lished in waters adjacent to Glacier Bay National Park,

2 except that seasons may be limited to conserve fish, shell3 fish or crustacean stocks.

4 (d) Nothing in this Act shall affect section 1314(a)

5 and (b) of the Alaska National Interest Lands Conserva6 tion Act (16 U.S.C. 3202(a) and (b)).

7 (e) The Secretary of the Interior, in consultation with

8 the State of Alaska, shall study the effect of commercial

9 fishing activities authorized by this Act in Glacier Bay Na10 tional Park to determine whether such fishing is having

11 a detrimental effect on Park resources, including the op12 portunity for recreational use of the Park. The Secretary

13 shall report the results of the study to the Committees

14 on Merchant Marine and Fisheries and Natural Resources

15 of the House of Representatives, and the Committee on

16 Energy and Natural Resources of the Senate, not later

17 than three years after the date of enactment of this Act.

18 SEC. 4. EFFECT ON TITLE AND JURISDICTION OF TIDAL

19 AND SUBMERGED LANDS.

20 (a) No provision of this Act shall be construed to in21 validate or validate or in any other way affect any claim

22 by the State of Alaska to title to any or all tidal or sub23 merged lands, nor shall any actions taken pursuant to or

24 in accordance with this Act operate under any provision

25 or principle of the law to bar the State of Alaska from
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1 asserting at any time its claim of title to any or all of

2 the tidal or submerged lands.

3 (b) Nothing in this Act nor in any actions taken pur4 suant to this Act shall be construed as expanding or di5 minishing Federal or State jurisdiction, responsibility, in6 terests, or rights in management, regulation, or control

7 over waters of the State of Alaska or tidal or submerged

8 lands under any provision of Federal or State law.

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