HR 716 EAS
Panel, and shall be given the opportunity to examine and
be heard on any matter under consideration by the United
States section of the Panel.
(b) COMPENSATION.—The members of such advisory
committee shall receive no compensation for their services.
(c) TERM LENGTH.—Advisory Committee members
shall serve two-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.—Advisory Committee members
shall be eligible for reappointment.
SEC. 706. EXEMPTION.
The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Panel, the Yukon River Joint Tech-
nical Committee, or the Advisory Committee created under
section 705 of this title.
SEC. 707. AUTHORITY AND RESPONSIBILITY.
(a) RESPONSIBLE MANAGEMENT ENTITY.—The State
of Alaska Department of Fish and Game shall be the respon-
sible management entity for the United States for the pur-
poses of the Agreement.
(b) EFFECT OF DESIGNATION.—The designation under
subsection (a) shall not be considered to expand, diminish,
or change the management authority of the State of Alaska
or the Federal government with respect to fishery resources.
HR 716 EAS
(c) RECOMMENDATIONS OF PANEL.—In addition to
recommendations made by the Panel to the responsible
management entities in accordance with the Agreement, the
Panel may make recommendations concerning the conserva-
tion and management of salmon originating in the Yukon
River to the Department of the Interior, Department of
Commerce, Department of State, North Pacific Fishery
Management Council, and other Federal or State entities
as appropriate. Recommendations by the Panel shall be ad-
visory in nature.
SEC. 708. CONTINUATION OF AGREEMENT.
In the event that the Treaty between Canada and the
United States of America concerning Pacific Salmon,
signed at Ottawa, January 28, 1985, terminates prior to
the termination of the Agreement, and the functions of the
Panel are assumed by the ‘‘Yukon River Salmon Commis-
sion’’ referenced in the Agreement, the provisions of this
title which apply to the Panel shall thereafter apply to the
Yukon River Salmon Commission, and the other provisions
of this title shall remain in effect.
SEC. 709. ADMINISTRATIVE MATTERS.
(a) Panel members and alternate Panel members who
are not State or Federal employees shall receive compensa-
tion at the daily rate of GS–15 of the General Schedule
when engaged in the actual performance of duties.
HR 716 EAS
(b) Travel and other necessary expenses shall be paid
for all Panel members, alternate Panel members, United
States members of the Joint Technical Committee, and
members of the Advisory Committee when engaged in the
actual performance of duties.
(c) Except for officials of the United States Govern-
ment, individuals described in subsection (b) shall not be
considered to be Federal employees while engaged in the ac-
tual 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. 710. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $4,000,000 for
each fiscal year for carrying out the purposes and provi-
sions of the Agreement and this title including—
(1) necessary travel expenses of Panel members,
alternate Panel members, United States members of
the Joint Technical Committee, and members of the
Advisory Committee in accordance with Federal
Travel Regulations and sections 5701, 5702, 5704
through 5708, and 5731 of title 5, United States
Code;
(2) the United States share of the joint expenses
of the Panel and the Joint Technical Committee: Pro-
HR 716 EAS
vided, That Panel members and alternate Panel mem-
bers shall not, with respect to commitments concern-
ing the United States share of the joint expenses, be
subject to section 262(b) of title 22, United States
Code, insofar as it limits the authority of United
States representatives to international organizations
with respect to such commitments;
(3) not more than $3,000,000 for each fiscal year
to the Department of the Interior and to the Depart-
ment of Commerce for survey, restoration, and en-
hancement activities related to Yukon River salmon;
and
(4) $400,000 in each of fiscal years 1996, 1997,
1998, and 1999 to be contributed to the Yukon River
Restoration and Enhancement Fund and used in ac-
cordance with the Agreement.
TITLE VIII—MISCELLANEOUS
SEC. 801. SOUTH PACIFIC TUNA AMENDMENT.
Section 9 of the South Pacific Tuna Act of 1988 (16
U.S.C. 973g) is amended by adding at the end thereof the
following:
‘‘(h) Notwithstanding the requirements of—
‘‘(1) section 1 of the Act of August 26, 1983 (97
Stat. 587; 46 U.S.C. 12108);
HR 716 EAS
‘‘(2) the general permit issued on December 1,
1980, to the American Tunaboat Association under
section 104(h)(1) of the Marine Mammal Protection
Act (16 U.S.C. 1374(h)(1)); and
‘‘(3) sections 104(h)(2) and 306(a) of the Marine
Mammal Protection Act (16 U.S.C. 1374(h)(2) and
1416(a))—
any vessel documented under the laws of the United States
as of the date of enactment of the Fisheries Act of 1995
for which a license has been issued under subsection (a)
may fish for tuna in the Treaty Area, including those wa-
ters subject to the jurisdiction of the United States in ac-
cordance with international law, subject to the provisions
of the treaty and this Act, provided that no such vessel fish-
ing in the Treaty Area intentionally deploys a purse seine
net to encircle any dolphin or other marine mammal in
the course of fishing under the provisions of the Treaty or
this Act.’’.
SEC. 802. FOREIGN FISHING FOR ATLANTIC HERRING AND
ATLANTIC MACKEREL.
Notwithstanding any other provision of law—
(1) no allocation may be made to any foreign
nation or vessel under section 201 of the Magnuson
Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) in any fishery for which there is
HR 716 EAS
not a fishery management plan implemented in ac-
cordance with that Act; and
(2) the Secretary of Commerce may not approve
the portion of any permit application submitted
under section 204(b) of the Act which proposes fishing
by a foreign vessel for Atlantic mackerel or Atlantic
herring unless—
(A) the appropriate regional fishery man-
agement council recommends under section
204(b)(5) of that Act that the Secretary approve
such fishing, and
(B) the Secretary of Commerce includes in
the permit any conditions or restrictions rec-
ommended by the appropriate regional fishery
management council with respect to such fishing.
Attest:
Secretary.