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103D CONGRESS
1ST SESSION
H. R. 704
To regulate fishing in certain waters of Alaska.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 27, 1993
Mr. YOUNG of Alaska introduced the following bill; which was referred jointly
to the Committees on Natural Resources and Merchant Marine and Fisheries
A BILL
To regulate fishing in certain waters of Alaska.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
For the purposes of this Act, the term ‘‘Glacier Bay
National Park’’ means the national park and national pre-
serve redesignated, established or expanded under section
202(1) of the Alaska National Interest Lands Conserva-
tion Act (16 U.S.C. 410hh–1).
SEC. 2. SUBSISTENCE USE.
Subsistence fishing and gathering by local residents,
including but not limited to the residents of Hoonah, shall
be allowed in Glacier Bay National Park in accordance
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with the provisions of title VIII of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3111 through
3126).
SEC. 3. COMMERCIAL FISHING.
(a) Commercial fishing shall be allowed in all marine
waters of Glacier Bay National Park except areas des-
ignated as wilderness under section 701(3) of the Alaska
National Interest Lands Conservation Act (16 U.S.C.
1132 note).
(b) Within the marine waters of Glacier Bay north
of a line drawn point to point from Point Carolus to Point
Gustavus—
(1) the annual average commercial fishing ef-
fort for each species shall be maintained at a level
no greater than the average annual effort which ex-
isted for that species during the period from 1981
through 1991, as determined by the State of Alaska
in consultation with the Secretary of the Interior;
and
(2) only those types of commercial fishing gear
in use between 1981 and the date of enactment of
this Act shall be allowed.
(c) Within Glacier Bay National Park, commercial
fishing seasons shall, to the extent possible, be consistent
with and not exceed the commercial fishing seasons estab-
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lished in waters adjacent to Glacier Bay National Park,
except that seasons may be limited to conserve fish, shell-
fish or crustacean stocks.
(d) Nothing in this Act shall affect section 1314(a)
and (b) of the Alaska National Interest Lands Conserva-
tion Act (16 U.S.C. 3202(a) and (b)).
(e) The Secretary of the Interior, in consultation with
the State of Alaska, shall study the effect of commercial
fishing activities authorized by this Act in Glacier Bay Na-
tional Park to determine whether such fishing is having
a detrimental effect on Park resources, including the op-
portunity for recreational use of the Park. The Secretary
shall report the results of the study to the Committees
on Merchant Marine and Fisheries and Natural Resources
of the House of Representatives, and the Committee on
Energy and Natural Resources of the Senate, not later
than three years after the date of enactment of this Act.
SEC. 4. EFFECT ON TITLE AND JURISDICTION OF TIDAL
AND SUBMERGED LANDS.
(a) No provision of this Act shall be construed to in-
validate or validate or in any other way affect any claim
by the State of Alaska to title to any or all tidal or sub-
merged lands, nor shall any actions taken pursuant to or
in accordance with this Act operate under any provision
or principle of the law to bar the State of Alaska from
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asserting at any time its claim of title to any or all of
the tidal or submerged lands.
(b) Nothing in this Act nor in any actions taken pur-
suant to this Act shall be construed as expanding or di-
minishing Federal or State jurisdiction, responsibility, in-
terests, or rights in management, regulation, or control
over waters of the State of Alaska or tidal or submerged
lands under any provision of Federal or State law.
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