[House Report 108-300]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-300
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INTERNATIONAL FISHERIES REAUTHORIZATION ACT OF 2003
_______
October 7, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 2048]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2048) to extend the period for reimbursement under the
Fishermen's Protective Act of 1967, and to reauthorize the
Yukon River Restoration and Enhancement Fund, having considered
the same, report favorably thereon with amendments and
recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Fisheries
Reauthorization Act of 2003''.
SEC. 2. EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S
PROTECTIVE ACT OF 1967.
Section 7(e) of the Fishermen's Protective Act of 1967 (22 U.S.C.
1977(e)) is amended by striking ``2003'' and inserting ``2008''.
SEC. 3. REAUTHORIZATION OF YUKON RIVER SALMON ACT OF 2000.
Section 208 of the Yukon River Salmon Act of 2000 (16 U.S.C. 5727) is
amended by striking ``2000'' and all that follows through ``2003'' and
inserting ``2004 through 2008''.
Amend the title so as to read:
A bill to extend the period for reimbursement under the
Fishermen's Protective Act of 1967, and to reauthorize the
Yukon River Salmon Act of 2000.
Purpose of the Bill
The purpose of H.R. 2048, as ordered reported, is to be
extend the period for reimbursement under the Fishermen's
Protective Act of 1967, and to reauthorize the Yukon River
Salmon Act of 2000.
Background and Need for Legislation
H.R. 2048 reauthorizes two important fisheries laws: the
Fishermen's Protective Act and the Yukon River Salmon Act of
1995.
Fishermen's Protective Act
The Fishermen's Protective Act of 1967 (FPA) established a
program under which the Secretary of State may compensate
fishermen for fines paid to secure the release of fishing
vessels and crew which have been illegally seized by a foreign
government and established a system of economic safeguards for
U.S. fishermen fishing outside U.S. waters. Repayments made to
compensate fishermen for fines paid to a foreign government are
made from the Fishermen's Protective Fund established under
section 9 of the FPA.
Another safeguard for U.S. fishermen fishing outside U.S.
waters is the Fishermen's Guaranty Fund, which is a voluntary
self-insurance program administered by the Department of State.
This Fund compensates fishermen for vessels and catch
confiscated by a foreign nation under claims of jurisdiction
not recognized by the United States. Payments under this
program are made from the Fishermen's Guaranty Fund under
section 7 of the FPA.
H.R. 2048 reauthorizes the FPA through Fiscal Year 2008.
Yukon River Salmon Act
It took over ten years for the United States and Canada to
negotiate a long-term agreement for the conservation of salmon
stocks originating from the Yukon River in Canada. The
headwaters of the Yukon River are located in Canada, and salmon
from the river spawn on both the U.S. and Canadian sides of the
border. Fishermen from both the United States and Canada
harvest salmon originating from the Yukon River and its
tributaries. Concerns over the level of each country's harvest
and the conservation of the stocks sparked the negotiations
between the U.S. and Canada.
On February 3, 1995, the United States and Canada agreed,
through an exchange of diplomatic notes, on an interim
agreement for the conservation of salmon stocks originating
from the Yukon River in Canada. The interim agreement
implemented provisions agreed to by the parties and allowed the
institutional arrangements to commence while negotiations
continued on a long-term arrangement.
The United States implemented the interim agreement through
the enactment of the Fisheries Act of 1995 (Public Law 104-43,
Section VII). The implementing legislation created the United
States section of the Yukon River Salmon Panel and the U.S.
Advisory Committee.
The U.S. section of the Panel is made up of six members--a
federal official, appointed by the Secretary of State; a State
of Alaska official, appointed by their Governor; and four
knowledgeable and experienced individuals, nominated by the
Governor of Alaska and appointed by the Secretary of State. Out
of these four individuals, one is required to represent the
interests of the lower Yukon River Fishing districts, one must
represent the interests of the upper Yukon River Fishing
districts, and one must be an Alaskan Native. Each member
serves a four year term.
The Advisory Committee is made up of at least eight but no
more than twelve individuals, with two required to be Alaskan
Natives. The Governor of Alaska appoints the Advisory Committee
members, who serve two-year terms.
The Fisheries Act of 1995 authorized appropriations of $4
million for each fiscal year to carry out the purposes and
provisions of the Yukon River salmon agreement. Of this
appropriation, not more than $3 million was authorized for each
fiscal year to the Department of the Interior and the
Department of Commerce for survey, restoration, and enhancement
activities. In addition, $400,000 was authorized for Fiscal
Years 1996-1999 for the Yukon River Restoration and Enhancement
Fund.
The interim agreement expired on December 31, 1997. The
agreement could have been extended if both sides agreed, but no
such agreement was reached. The United States and Canada met in
early 1998 to negotiate a new agreement, but the negotiations
were unsuccessful. Informal discussions have been ongoing;
negotiations in the following years were also unsuccessful.
In November 2000, Public Law 106-450 was enacted and
reauthorized the authorization of appropriations for the Act.
In this reauthorization Congress amended the Act to allow the
Secretary of State to designate members of the U.S. panel
created by the interim agreement to any successor panel created
in any future agreement between U.S. and Canada. In addition,
$4 million was authorized for Fiscal Years 2000-2003. Out of
the authorization up to $3 million was authorized for the
Secretary of the Interior. Out of this amount, up to $1.2
million wasauthorized for salmon enhancement and restoration
projects, if an agreement between the U.S. and Canada is in place, and
$600,000 was authorized for cooperative salmon research and management
projects in the U.S. along the Yukon River.
In March 2001, the U.S. and Canada reached an agreement on
a management regime for salmon fisheries on the Yukon River.
These negotiations were concluded with a passing of diplomatic
notes in December 2002. Since this is an executive agreement,
legislation is not required to implement it and Senate advice
and consent is unnecessary.
H.R. 2048 reauthorizes the Yukon River Salmon Act and the
Yukon River salmon stock restoration and enhancement project
funding through 2008 at current funding levels.
Committee Action
H.R. 2048 was introduced on May 9, 2003, by Congressman
Wayne T. Gilchrest (R-MD). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On
May 22, 2003, the Subcommittee held a hearing on the bill. On
July 17, 2003, the Subcommittee met to mark up the bill. Mr.
Gilchrest offered an amendment in the nature of a substitute to
make certain technical changes suggested by the Administration.
The amendment was adopted by voice vote. The bill, as amended,
was then ordered favorably reported to the Full Committee by
voice vote. On September 24, 2003, the Full Resources Committee
met to consider the bill. There were no further amendments and
the bill was ordered favorably reported to the House of
Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Federal Advisory Committee Statement
The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
committee.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
enactment of this bill would affect direct spending (by
authorizing the collection of additional offsetting receipts),
but ``any such effects would be insignificant.''
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to extend the
period for reimbursement under the Fishermen's Protective Act
of 1967, and to reauthorize the Yukon River Salmon Act of 2000.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 2, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2048, the
International Fisheries Reauthorization Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Megan
Carroll and Melissa E. Zimmerman.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 2048--International Fisheries Reauthorization Act of 2003
CBO estimates that implementing H.R. 2048 would cost $20
million over the 2004-2008 period, assuming appropriation of
the authorized amounts. Enacting the bill could affect direct
spending, but we estimate that any such effects would be
insignificant. H.R. 2048 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act and would impose no costs on state, local, or tribal
governments.
H.R. 2048 would reauthorize the Yukon River Salmon Act of
2000, which authorizes funding for activities to restore and
conserve stocks of Canadian-origin wild salmon in the Yukon
River watershed. The bill would authorize the appropriation of
$4 million a year over the 2004-2008 period for the Secretary
of the Interior to continue those activities in cooperation
with the Secretary of Commerce. Based on historical spending
patterns under the Yukon River Salmon Act, CBO estimates that
implementing H.R. 2048 would cost $4 million in 2004 and $20
million over the next five years, assuming appropriation of the
authorized amounts.
The estimated budget impact of the bill is shown in the
following table. The costs of this legislation fall within
budget function 300 (natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization level................................................ 4 4 4 4 4
Estimated outlays.................................................. 4 4 4 4 4
----------------------------------------------------------------------------------------------------------------
H.R. 2048 also would reauthorize the Fisherman's Protective
Act of 1967 through 2008. That act established the Fisherman's
Guaranty Fund, which pays owners of U.S. fishing vessels for
certain financial losses if their vessels are seized by a
foreign nation. Vessel owners pay fees sufficient to cover the
cost of these payments. H.R. 2048 would authorize this program
through 2008, thus allowing additional payments of fees into
the fund. (The fund has a current balance of $2.7 million).
However, no owners have applied to participate in the program
in recent years, and the fund has paid only one claim since
1992. Thus, CBO estimates that any additional offsetting
receipts from fee collections or spending for claims would not
be significant over the next 10 years.
The CBO staff contacts for this estimate are Megan Carroll
and Melissa E. Zimmerman. This estimate was approved by Peter
H. Fontaine, Deputy Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 7 OF THE FISHERMEN'S PROTECTIVE ACT OF 1967
Sec. 7. (a) * * *
* * * * * * *
(e) The provisions of this section shall be effective until
October 1, [2003] 2008, except that payments may be made under
this section only to such extent and in such amounts as are
provided in advance in appropriation Acts.
* * * * * * *
----------
SECTION 208 OF THE YUKON RIVER SALMON ACT OF 2000
* * * * * * *
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
the Interior to carry out this title $4,000,000 for each of
fiscal years [2000, 2001, 2002, and 2003] 2004 through 2008, of
which--
(1) * * *
* * * * * * *