106TH CONGRESS 

1ST SESSION H. R. 1651 

AN ACT 

To amend the Fishermen’s Protective Act of 1967 

for other purposes. is seized and detained by a foreign country, and ing vessels for costs incurred when such a vessel may be provided to owners of United States fishto extend the period during which reimbursement 


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106TH CONGRESS 

1ST SESSION H. R. 1651 

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. 


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

3 TITLE I—EXTENSION OF PERIOD 

4 FOR REIMBURSEMENT 

5 UNDER FISHERMEN’S PRO6 TECTIVE ACT OF 1967 

7 SEC. 101. SHORT TITLE. 

8 This title may be cited as the ‘‘Fishermen’s Protec9 tive Act Amendments of 1999’’. 

10 SEC. 102. EXTENSION OF PERIOD FOR REIMBURSEMENT 

11 UNDER FISHERMEN’S PROTECTIVE ACT OF 

12 1967. 

13 (a) IN GENERAL.—Section 7(e) of the Fishermen’s 

14 Protective Act of 1967 (22 U.S.C. 1977(e)) is amended 

15 by striking ‘‘2000’’ and inserting ‘‘2003’’. 

16 (b) CLERICAL AMENDMENT.—Section 7(a)(3) of the 

17 Fishermen’s Protective Act of 1967 (22 U.S.C. 

18 1977(a)(3)) is amended by striking ‘‘Secretary of the Inte19 rior’’ and inserting ‘‘Secretary of Commerce’’. 

20 TITLE II—YUKON RIVER 

21 SALMON 

22 SEC. 201. SHORT TITLE. 

23 This title may be cited as the ‘‘Yukon River Salmon 

24 Act of 1999’’. 


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1 SEC. 202. YUKON RIVER SALMON PANEL. 

2 (a) ESTABLISHMENT.— 

3 (1) IN GENERAL.—There shall be a Yukon 

4 River Salmon Panel (in this title referred to as the 

5 ‘‘Panel’’). 

6 (2) FUNCTIONS.—The Panel shall— 

7 (A) advise the Secretary of State regarding 

8 the negotiation of any international agreement 

9 with Canada relating to management of salmon 

10 stocks originating from the Yukon River in 

11 Canada; 

12 (B) advise the Secretary of the Interior re13 garding restoration and enhancement of such 

14 salmon stocks; and 

15 (C) perform other functions relating to 

16 conservation and management of such salmon 

17 stocks as authorized by this or any other title. 

18 (3) DESIGNATION AS UNITED STATES REP19 RESENTATIVES ON BILATERAL BODY.—The Sec20 retary of State may designate the members of the 

21 Panel to be the United States representatives on any 

22 successor to the panel established by the interim 

23 agreement for the conservation of salmon stocks 

24 originating from the Yukon River in Canada agreed 

25 to through an exchange of notes between the Gov26 ernment of the United States and the Government 


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1 of Canada on February 3, 1995, if authorized by 

2 any agreement establishing such successor. 

3 (b) MEMBERSHIP.— 

4 (1) IN GENERAL.—The Panel shall be com5 prised of six members, as follows: 

6 (A) One member who is an official of the 

7 United States Government with expertise in 

8 salmon conservation and management, who 

9 shall be appointed by the Secretary of State. 

10 (B) One member who is an official of the 

11 State of Alaska with expertise in salmon con12 servation and management, who shall be ap13 pointed by the Governor of Alaska. 

14 (C) Four members who are knowledgeable 

15 and experienced with regard to the salmon fish16 eries on the Yukon River, who shall be ap17 pointed by the Secretary of State in accordance 

18 with paragraph (2). 

19 (2) APPOINTEES FROM ALASKA.—(A) The Sec20 retary of State shall appoint the members under 

21 paragraph (1)(C) from a list of at least three indi22 viduals nominated for each position by the Governor 

23 of Alaska. 

24 (B) In making the nominations, the Governor 

25 of Alaska may consider suggestions for nominations 


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1 provided by organizations with expertise in Yukon 

2 River salmon fisheries. 

3 (C) The Governor of Alaska may make appro4 priate nominations to allow for appointment of, and 

5 the Secretary of State shall appoint, under para6 graph (1)(C)— 

7 (i) at least one member who is qualified to 

8 represent the interests of Lower Yukon River 

9 fishing districts; and 

10 (ii) at least one member who is qualified to 

11 represent the interests of Upper Yukon River 

12 fishing districts. 

13 (D) At least one of the members appointed 

14 under paragraph (1)(C) shall be an Alaska Native. 

15 (3) ALTERNATES.—(A) The Secretary of State 

16 may designate an alternate Panel member for each 

17 Panel member the Secretary appoints under para18 graphs (1)(A) and (C), who meets the same quali19 fications, to serve in the absence of the Panel mem20 ber. 

21 (B) The Governor of the State of Alaska may 

22 designate an alternative Panel member for the Panel 

23 member appointed under subsection (b)(1)(B), who 

24 meets the same qualifications, to serve in the ab25 sence of that Panel member. 


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1 (c) TERM LENGTH.—Panel members and alternate 

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

3 appointed to fill a vacancy occurring before the expiration 

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

5 term. 

6 (d) REAPPOINTMENT.—Panel members and alternate 

7 Panel members shall be eligible for reappointment. 

8 (e) DECISIONS.—Decisions of the Panel shall be 

9 made by the consensus of the Panel members appointed 

10 under subparagraphs (B) and (C) of subsection (b)(1). 

11 (f) CONSULTATION.—In carrying out their functions, 

12 Panel members may consult with such other interested 

13 parties as they consider appropriate. 

14 SEC. 203. ADVISORY COMMITTEE. 

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

16 establish and appoint an advisory committee of not less 

17 than eight, but not more than 12, individuals who are 

18 knowledgeable and experienced with regard to the salmon 

19 fisheries on the Yukon River. At least two of the advisory 

20 committee members shall be Alaska Natives. Members of 

21 the advisory committee may attend all meetings of the 

22 Panel, and shall be given the opportunity to examine and 

23 be heard on any matter under consideration by the Panel. 

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

25 committee shall receive no compensation for their services. 


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1 (c) TERM LENGTH.—Members of such advisory com2 mittee shall serve two-year terms. Any individual ap3 pointed to fill a vacancy occurring before the expiration 

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

5 term. 

6 (d) REAPPOINTMENT.—Members of such advisory 

7 committee shall be eligible for reappointment. 

8 SEC. 204. EXEMPTION. 

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

10 shall not apply to the Panel or to an advisory committee 

11 established under section 203. 

12 SEC. 205. AUTHORITY AND RESPONSIBILITY. 

13 (a) RESPONSIBLE MANAGEMENT ENTITY.—The 

14 State of Alaska Department of Fish and Game shall be 

15 the responsible management entity for the United States 

16 for the purposes of any agreement with Canada regarding 

17 management of salmon stocks originating from the Yukon 

18 River in Canada. 

19 (b) EFFECT OF DESIGNATION.—The designation 

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

21 diminish, or otherwise change the management authority 

22 of the State of Alaska or the Federal Government with 

23 respect to fishery resources. 

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

25 recommendations made by the Panel to the responsible 


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1 management entities in accordance with any agreement 

2 with Canada regarding management of salmon stocks 

3 originating from the Yukon River in Canada, the Panel 

4 may make recommendations concerning the conservation 

5 and management of salmon originating in the Yukon River 

6 to the Department of the Interior, the Department of 

7 Commerce, the Department of State, the North Pacific 

8 Fishery Management Council, and other Federal or State 

9 entities as appropriate. Recommendations by the Panel 

10 shall be advisory in nature. 

11 SEC. 206. ADMINISTRATIVE MATTERS. 

12 (a) COMPENSATION.—Panel members and alternate 

13 Panel members who are not State or Federal employees 

14 shall receive compensation at the daily rate of GS–15 of 

15 the General Schedule when engaged in the actual perform16 ance of duties. 

17 (b) TRAVEL AND OTHER NECESSARY EXPENSES.— 

18 Travel and other necessary expenses shall be paid by the 

19 Secretary of the Interior for all Panel members, alternate 

20 Panel members, and members of any advisory committee 

21 established under section 203 when engaged in the actual 

22 performance of duties. 

23 (c) TREATMENT AS FEDERAL EMPLOYEES.—Except 

24 for officials of the United States Government, all Panel 

25 members, alternate Panel members, and members of any 


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1 advisory committee established under section 203 shall not 

2 be considered to be Federal employees while engaged in 

3 the actual performance of duties, except for the purposes 

4 of injury compensation or tort claims liability as provided 

5 in chapter 81 of title 5, United States Code, and chapter 

6 71 of title 28, United States Code. 

7 SEC. 207. YUKON RIVER SALMON STOCK RESTORATION 

8 AND ENHANCEMENT PROJECTS. 

9 (a) IN GENERAL.—The Secretary of the Interior, in 

10 consultation with the Secretary of Commerce, may carry 

11 out projects to restore or enhance salmon stocks origi12 nating from the Yukon River in Canada and the United 

13 States. 

14 (b) COOPERATION WITH CANADA.—If there is in ef15 fect an agreement between the Government of the United 

16 States and the Government of Canada for the conservation 

17 of salmon stocks originating from the Yukon River in Can18 ada that includes provisions governing projects authorized 

19 under this section, then— 

20 (1) projects under this section shall be carried 

21 out in accordance with that agreement; and 

22 (2) amounts available for projects under this 

23 section— 

24 (A) shall be expended in accordance with 

25 the agreement; and 


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1 (B) may be deposited in any joint account 

2 established by the agreement to fund such 

3 projects. 

4 SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated to the Sec6 retary of the Interior to carry out this title $4,000,000 

7 for each of fiscal years 2000, 2001, 2002, and 2003, of 

8 which— 

9 (1) such sums as are necessary shall be avail10 able each fiscal year for travel expenses of Panel 

11 members, alternate Panel members, United States 

12 members of the Joint Technical Committee estab13 lished by paragraph C.2 of the memorandum of un14 derstanding concerning the Pacific Salmon Treaty 

15 between the Government of the United States and 

16 the Government of Canada (recorded January 28, 

17 1985), and members of an advisory committee estab18 lished and appointed under section 203, in accord19 ance with Federal Travel Regulations and sections 

20 5701, 5702, 5704 through 5708, and 5731 of title 

21 5, United States Code; 

22 (2) such sums as are necessary shall be avail23 able for the United States share of expenses in24 curred by the Joint Technical Committee and any 

25 panel established by any agreement between the 


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1 Government of the United States and the Govern2 ment of Canada for restoration and enhancement of 

3 salmon originating in Canada; 

4 (3) up to $3,000,000 shall be available each fis5 cal year for activities by the Department of the Inte6 rior and the Department of Commerce for survey, 

7 restoration, and enhancement activities related to 

8 salmon stocks originating from the Yukon River in 

9 Canada, of which up to $1,200,000 shall be available 

10 each fiscal year for Yukon River salmon stock res11 toration and enhancement projects under section 

12 207(b); and 

13 (4) $600,000 shall be available each fiscal year 

14 for cooperative salmon research and management 

15 projects in the portion of the Yukon River drainage 

16 located in the United States that are recommended 

17 by the Panel. 

18 TITLE III—FISHERY 

19 INFORMATION ACQUISITION 

20 SEC. 301. SHORT TITLE. 

21 This title may be cited as the ‘‘Fisheries Survey Ves22 sel Authorization Act of 1999’’. 

23 SEC. 302. ACQUISITION OF FISHERY SURVEY VESSELS. 

24 (a) IN GENERAL.—The Secretary, subject to the 

25 availability of appropriations, may in accordance with this 


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1 section acquire, by purchase, lease, lease-purchase, or 

2 charter, and equip up to six fishery survey vessels in ac3 cordance with this section. 

4 (b) VESSEL REQUIREMENTS.—Any vessel acquired 

5 and equipped under this section must— 

6 (1) be capable of— 

7 (A) staying at sea continuously for at least 

8 30 days; 

9 (B) conducting fishery population surveys 

10 using hydroacoustic, longlining, deep water, and 

11 pelagic trawls, and other necessary survey tech12 niques; and 

13 (C) conducting other work necessary to 

14 provide fishery managers with the accurate and 

15 timely data needed to prepare and implement 

16 fishery management plans; and 

17 (2) have a hull that meets the International 

18 Council for Exploration of the Sea standard regard19 ing acoustic quietness. 


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1 (c) AUTHORIZATION.—To carry out this section there 

2 are authorized to be appropriated to the Secretary 

3 $60,000,000. 

Passed the House of Representatives September 13, 

1999. 

Attest: 

Clerk. 


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