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 in-
curred 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 Representa-
tives of the United States of America in Congress assembled,
TITLE I—EXTENSION OF PERIOD
FOR 
REIMBURSEMENT
UNDER 
FISHERMEN’S 
PRO-
TECTIVE ACT OF 1967
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Fishermen’s Protec-
tive Act Amendments of 1999’’.
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 Inte-
rior’’ 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 1999’’.
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 re-
garding restoration and enhancement of such
salmon stocks; and
(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
REP-
RESENTATIVES
ON
BILATERAL
BODY.—The Sec-
retary 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 Gov-
ernment 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 com-
prised 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 con-
servation and management, who shall be ap-
pointed by the Governor of Alaska.
(C) Four members who are knowledgeable
and experienced with regard to the salmon fish-
eries on the Yukon River, who shall be ap-
pointed by the Secretary of State in accordance
with paragraph (2).
(2) APPOINTEES FROM ALASKA.—(A) The Sec-
retary of State shall appoint the members under
paragraph (1)(C) from a list of at least three indi-
viduals 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 appro-
priate nominations to allow for appointment of, and
the Secretary of State shall appoint, under para-
graph (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 para-
graphs (1)(A) and (C), who meets the same quali-
fications, to serve in the absence of the Panel mem-
ber.
(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 ab-
sence of that Panel member.
(c) TERM LENGTH.—Panel members and alternate
Panel members shall serve four-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.
(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 com-
mittee shall serve two-year terms. Any individual ap-
pointed 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 perform-
ance of duties.
(b) TRAVEL AND OTHER NECESSARY EXPENSES.—
Travel and other necessary expenses shall be paid by the
Secretary of the 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 origi-
nating from the Yukon River in Canada and the United
States.
(b) COOPERATION WITH CANADA.—If there is in ef-
fect 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 Can-
ada 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 Sec-
retary 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 avail-
able each fiscal year for travel expenses of Panel
members, alternate Panel members, United States
members of the Joint Technical Committee estab-
lished by paragraph C.2 of the memorandum of un-
derstanding 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 estab-
lished and appointed under section 203, in accord-
ance 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 avail-
able for the United States share of expenses in-
curred by the Joint Technical Committee and any
panel established by any agreement between the
Government of the United States and the Govern-
ment of Canada for restoration and enhancement of
salmon originating in Canada;
(3) up to $3,000,000 shall be available each fis-
cal year for activities by the Department of the Inte-
rior 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
each fiscal year for Yukon River salmon stock res-
toration 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 Ves-
sel Authorization Act of 1999’’.
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 ac-
cordance 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 tech-
niques; 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 regard-
ing acoustic quietness.
(c) AUTHORIZATION.—To carry out this section there
are authorized to be appropriated to the Secretary
$60,000,000. $60,000,000 for each of fiscal years 2002 and
2003.
TITLE IV—MISCELLANEOUS
SEC. 401. USE OF AIRCRAFT PROHIBITED.
Section 7(a) of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971e(a)) is amended—
(1) by striking ‘‘or’’ after the semicolon in para-
graph (1);
(2) by striking ‘‘fish.’’ in paragraph (2) and in-
serting ‘‘fish; or’’; and
(3) by adding at the end the following:
‘‘(3) for any person, other than a person holding
a valid Federal permit in the purse seine category—
‘‘(A) to use an aircraft to locate or other-
wise assist in fishing for, catching, or retaining
Atlantic bluefin tuna; or
‘‘(B) to catch, possess, or retain Atlantic
bluefin tuna located by use of an aircraft.’’.
SEC. 402. FISHERIES RESEARCH VESSEL PROCUREMENT.
Notwithstanding section 644 of title 15, United States
Code, and section 19.502–2 of title 48, Code of Federal Reg-
ulations, the Secretary of Commerce shall seek to procure
Fisheries Research Vessels through full and open competi-
tion from responsible United States shipbuilding companies
irrespective of size. Any such procurement shall require, as
an award criterion, that at least 40 percent of the value
of the total contract for the construction and outfitting of
each craft be obtained from responsible small business con-
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 reimbursement
may be provided to owners of United States fish-
ing vessels for costs incurred when such a vessel
is seized and detained by a foreign country, and
for other purposes.
MAY 23, 2000
Reported with an amendment