II

104TH CONGRESS

1ST SESSION S. 662

To implement the interim agreement for the conservation of Yukon River

salmon stocks agreed to by the Government of the United States of

America and the Government of Canada on February 3, 1995, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 3 (legislative day, MARCH 27), 1995

Mr. STEVENS (for himself and Mr. MURKOWSKI) introduced the following bill;

which was read twice and referred to the Committee on Commerce,

Science, and Transportation

A BILL

To implement the interim agreement for the conservation

of Yukon River salmon stocks agreed to by the Government of the United States of America and the Government of Canada on February 3, 1995, and for other

purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Yukon River Salmon

5 Act of 1995’’.

6 SEC. 2. PURPOSES.

7 It is the purpose of this Act—
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1 (1) to implement the interim agreement for the

2 conservation of salmon stocks originating from the

3 Yukon River in Canada agreed to through an ex4 change of notes between the Government of the

5 United States and the Government of Canada on

6 February 3, 1995;

7 (2) to provide for representation by the United

8 States on the Yukon River Panel established under

9 such agreement; and

10 (3) to authorize to be appropriated sums nec11 essary to carry out the responsibilities of the United

12 States under such agreement.

13 SEC. 3. DEFINITIONS.

14 As used in this Act—

15 (1) the term ‘‘Agreement’’ means the interim

16 agreement for the conservation of salmon stocks

17 originating from the Yukon River in Canada agreed

18 to through an exchange of notes between the Gov19 ernment of the United States and the Government

20 of Canada on February 3, 1995;

21 (2) the term ‘‘Panel’’ means the Yukon River

22 Panel established by the Agreement; and

23 (3) the term ‘‘Yukon River Joint Technical

24 Committee’’ means the technical committee estab25 lished by paragraph C.2 of the Memorandum of Un-
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1 derstanding concerning the Pacific Salmon Treaty

2 between the Government of the United States and

3 the Government of Canada recorded January 28,

4 1985.

5 SEC. 4. PANEL.

6 (a) REPRESENTATION.—The United States shall be

7 represented on the Panel by six individuals, of whom—

8 (1) one (1) shall be an official of the United

9 States Government with expertise in salmon con10 servation and management;

11 (2) one (1) shall be an official of the State of

12 Alaska with expertise in salmon conservation and

13 management; and

14 (3) four (4) shall be knowledgeable and experi15 enced with regard to the salmon fisheries on the

16 Yukon River.

17 (b) APPOINTMENTS.—Panel members shall be ap18 pointed as follows:

19 (1) The Panel member described in subsection

20 (a)(1) shall be appointed by the Secretary of State.

21 (2) The Panel member described in subsection

22 (a)(2) shall be appointed by the Governor of Alaska.

23 (3) The Panel members described in subsection

24 (a)(3) shall be appointed by the Governor of Alaska,

25 who shall consider nominations provided by organi-
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1 zations with expertise in Yukon River salmon fish2 eries. The Governor of Alaska shall appoint at least

3 one member under subsection (a)(3) who is qualified

4 to represent the interests of Lower Yukon River

5 fishing districts, and at least one member who is

6 qualified to represent the interests of Upper Yukon

7 River fishing districts. At least one of the Panel

8 members under subsection (a)(3) shall be an Alaska

9 Native.

10 (c) ALTERNATES.—The Secretary of State and Gov11 ernor of Alaska may designate an alternate Panel member

12 for each Panel member they appoint under subsection (b),

13 who meets the same qualifications, to serve in the absence

14 of the Panel member.

15 (d) TERM LENGTH.—Panel members and alternate

16 Panel members shall serve four-year terms. Any individual

17 appointed to fill a vacancy occurring before the expiration

18 of any term shall be appointed for the remainder of that

19 term.

20 (e) REAPPOINTMENT.—Panel members and alternate

21 Panel members shall be eligible for reappointment.

22 (f) DECISIONS.—Decisions by the United States sec23 tion of the Panel shall be made by the consensus of the

24 Panel members appointed under paragraphs (2) and (3)

25 of subsection (a).
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1 (g) CONSULTATION.—In carrying out their functions

2 under the Agreement, Panel members may consult with

3 such other interested parties as they consider appropriate.

4 SEC. 5. ADVISORY COMMITTEE.

5 (a) APPOINTMENTS.—The Governor of Alaska may

6 appoint an Advisory Committee of not less than eight (8),

7 but not more than twelve (12), individuals who are knowl8 edgeable and experienced with regard to the salmon fish9 eries on the Yukon River. Members of the Advisory Com10 mittee may attend all meetings of the United States sec11 tion of the Panel, and shall be given the opportunity to

12 examine and be heard on any matter under consideration

13 by the United States section of the Panel.

14 (b) COMPENSATION.—The members of such advisory

15 committee shall receive no compensation for their services.

16 (c) TERM LENGTH.—Advisory Committee members

17 shall serve two-year terms. Any individual appointed to fill

18 a vacancy occurring before the expiration of any term shall

19 be appointed for the remainder of that term.

20 (d) REAPPOINTMENT.—Advisory Committee mem21 bers shall be eligible for reappointment.

22 SEC. 6. EXEMPTION.

23 The Federal Advisory Committee Act (5 U.S.C. App.

24 1 et seq.) shall not apply to the Panel, the Yukon River
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1 Joint Technical Committee, or the Advisory Committee

2 created under section 5 of this Act.

3 SEC. 7. AUTHORITY AND RESPONSIBILITY.

4 (a) RESPONSIBLE MANAGEMENT ENTITY.—The

5 State of Alaska Department of Fish and Game shall be

6 the responsible management entity for the United States

7 for the purposes of the Agreement.

8 (b) EFFECT OF DESIGNATION.—The designation

9 under subsection (a) shall not be considered to expand,

10 diminish or change the management authority of the State

11 of Alaska or the Federal Government with respect to fish12 ery resources.

13 (c) RECOMMENDATIONS OF PANEL.—In addition to

14 recommendations made by the Panel to the responsible

15 management entities in accordance with the Agreement,

16 the Panel may make recommendations concerning the con17 servation and management of salmon originating in the

18 Yukon River to the Department of Interior, Department

19 of Commerce, Department of State, North Pacific Fishery

20 Management Council, and other Federal or State entities

21 as appropriate. Recommendations by the Panel shall be

22 advisory in nature.

23 SEC. 8. CONTINUATION OF AGREEMENT.

24 In the event that the Treaty between Canada and the

25 United States of America Concerning Pacific Salmon,
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1 signed at Ottawa, January 28, 1985, terminates prior to

2 the termination of the Agreement, and the functions of

3 the Panel are assumed by the ‘‘Yukon River Salmon Com4 mission’’ referenced in the Agreement, the provisions of

5 this Act which apply to the Panel shall thereafter apply

6 to the Yukon River Salmon Commission, and the other

7 provisions of this Act shall remain in effect.

8 SEC. 9. ADMINISTRATIVE MATTERS.

9 (a) Panel members and alternate Panel members who

10 are not State or Federal employees shall receive com11 pensation at the daily rate of GS–16 of the General Sched12 ule when engaged in the actual performance of duties.

13 (b) Travel and other necessary expenses shall be paid

14 for all Panel members, alternate Panel members, United

15 States members of the Joint Technical Committee, and

16 members of the Advisory Committee when engaged in the

17 actual performance of duties.

18 (c) Except for officials of the United States Govern19 ment, individuals described in subsection (b) shall not be

20 considered to be Federal employees while engaged in the

21 actual performance of duties, except for the purposes of

22 injury compensation or tort claims liability as provided in

23 chapter 81 of title 5, United States Code, and chapter 71

24 of title 28, United States Code.
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1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated from time

3 to time such sums as may be necessary for carrying out

4 the purposes and provisions of the Agreement and this Act

5 including—

6 (1) necessary travel expenses of Panel mem7 bers, alternate Panel members, United States mem8 bers of the Joint Technical Committee, and mem9 bers of the Advisory Committee in accordance with

10 Federal Travel Regulations and sections 5701, 5702,

11 5704 through 5708, and 5731 of title 5, United

12 States Code;

13 (2) the United States share of the joint ex14 penses of the Panel and the Joint Technical Com15 mittee, provided that Panel members and alternate

16 Panel members shall not, with respect to commit17 ments concerning the United States share of the

18 joint expenses, be subject to section 262(b) of title

19 22, United States Code, insofar as it limits the au20 thority of United States representatives to inter21 national organizations with respect to such commit22 ments; and

23 (3) by the Secretary of Commerce, $400,000 in

24 each of fiscal years 1996, 1997, 1998, and 1999 to

25 be contributed to the Yukon River Restoration and
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1 Enhancement Fund and used in accordance with the

2 Agreement.

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