II

Calendar No. 569

106TH CONGRESS

2D SESSION H. R. 1651

[Report No. 106–302]

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 14, 1999

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

MAY 23, 2000

Reported by Mr. MCCAIN, with an amendment

[Omit the part struck through and insert the part printed in italic]

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 TITLE I—EXTENSION OF PERIOD

2 FOR REIMBURSEMENT

3 UNDER FISHERMEN’S PRO4 TECTIVE ACT OF 1967

5 SEC. 101. SHORT TITLE.

6 This title may be cited as the ‘‘Fishermen’s Protec7 tive Act Amendments of 1999’’.

8 SEC. 102. EXTENSION OF PERIOD FOR REIMBURSEMENT

9 UNDER FISHERMEN’S PROTECTIVE ACT OF

10 1967.

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

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

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

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

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

16 1977(a)(3)) is amended by striking ‘‘Secretary of the Inte17 rior’’ and inserting ‘‘Secretary of Commerce’’.

18 TITLE II—YUKON RIVER

19 SALMON

20 SEC. 201. SHORT TITLE.

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

22 Act of 1999’’.

23 SEC. 202. YUKON RIVER SALMON PANEL.

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

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

3 ‘‘Panel’’).

4 (2) FUNCTIONS.—The Panel shall—

5 (A) advise the Secretary of State regarding

6 the negotiation of any international agreement

7 with Canada relating to management of salmon

8 stocks originating from the Yukon River in

9 Canada;

10 (B) advise the Secretary of the Interior re11 garding restoration and enhancement of such

12 salmon stocks; and

13 (C) perform other functions relating to

14 conservation and management of such salmon

15 stocks as authorized by this or any other title.

16 (3) DESIGNATION AS UNITED STATES REP17 RESENTATIVES ON BILATERAL BODY.—The Sec18 retary of State may designate the members of the

19 Panel to be the United States representatives on any

20 successor to the panel established by the interim

21 agreement for the conservation of salmon stocks

22 originating from the Yukon River in Canada agreed

23 to through an exchange of notes between the Gov24 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.

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

21 are authorized to be appropriated to the Secretary

22 $60,000,000. $60,000,000 for each of fiscal years 2002 and

23 2003.
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1 TITLE IV—MISCELLANEOUS

2 SEC. 401. USE OF AIRCRAFT PROHIBITED.

3 Section 7(a) of the Atlantic Tunas Convention Act of

4 1975 (16 U.S.C. 971e(a)) is amended—

5 (1) by striking ‘‘or’’ after the semicolon in para6 graph (1);

7 (2) by striking ‘‘fish.’’ in paragraph (2) and in8 serting ‘‘fish; or’’; and

9 (3) by adding at the end the following:

10 ‘‘(3) for any person, other than a person holding

11 a valid Federal permit in the purse seine category—

12 ‘‘(A) to use an aircraft to locate or other13 wise assist in fishing for, catching, or retaining

14 Atlantic bluefin tuna; or

15 ‘‘(B) to catch, possess, or retain Atlantic

16 bluefin tuna located by use of an aircraft.’’.

17 SEC. 402. FISHERIES RESEARCH VESSEL PROCUREMENT.

18 Notwithstanding section 644 of title 15, United States

19 Code, and section 19.502–2 of title 48, Code of Federal Reg20 ulations, the Secretary of Commerce shall seek to procure

21 Fisheries Research Vessels through full and open competi22 tion from responsible United States shipbuilding companies

23 irrespective of size. Any such procurement shall require, as

24 an award criterion, that at least 40 percent of the value

25 of the total contract for the construction and outfitting of
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1 each craft be obtained from responsible small business con2 cerns either directly or through subcontracting.

Calendar No. 569

106TH CONGRESS

2D SESSION H. R. 1651

[Report No. 106–302]

AN ACT

To amend the Fishermen’s Protective Act of 1967

to extend the period during which reimbursementmay be provided to owners of United States fishing vessels for costs incurred when such a vesselis seized and detained by a foreign country, andfor other purposes.

MAY 23, 2000

Reported with an amendment