[105th Congress Public Law 384]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ384.105]


[[Page 112 STAT. 3451]]

Public Law 105-384
105th Congress

                                 An Act


 
     To approve a governing <<NOTE: Nov. 13, 1998 -  [H.R. 3461]>>  
   international fishery agreement between the United States and the 
               Republic of Poland, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

     TITLE I--GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH POLAND

SEC. 101. <<NOTE: 16 USC 1823 note.>> GOVERNING INTERNATIONAL FISHERY 
            AGREEMENT WITH POLAND.

    Notwithstanding section 203 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1823), the governing 
international fishery agreement between the Government of the United 
States of America and the Government of the Republic of Poland, as 
contained in the message to Congress from the President of the United 
States dated February 5, 1998, is approved as a governing international 
fishery agreement for the purposes of such Act and shall enter into 
force and effect with respect to the United States on the date of the 
enactment of this Act.

              TITLE II--MISCELLANEOUS FISHERIES PROVISIONS

SEC. 201. REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISHERIES CONVENTION 
            ACT OF 1995.

    (a) Reauthorization.--Section 211 of the Northwest Atlantic 
Fisheries Convention Act of 1995 (16 U.S.C. 5610) is amended by striking 
``for each of '' and all that follows through the end of the sentence 
and inserting ``for each fiscal year through fiscal year 2001.''.
    (b) Miscellaneous Technical Amendments.--The Northwest Atlantic 
Fisheries Convention Act of 1995 is further amended--
            (1) in section 207(e) (16 U.S.C. 5606(e)), by striking 
        ``sections'' and inserting ``section'';
            (2) in section 209(c) (16 U.S.C. 5608(c)), by striking 
        ``chapter 17'' and inserting ``chapter 171''; and
            (3) in section 210(6) (16 U.S.C. 5609(6)), by striking ``the 
        Magnuson Fishery'' and inserting ``the Magnuson-Stevens 
        Fishery''.

[[Page 112 STAT. 3452]]

    (c) Report Requirement.--The Northwest Atlantic Fisheries Convention 
Act of 1995 (16 U.S.C. 201 et seq.) is further amended by adding at the 
end the following:

``SEC. 212. ANNUAL REPORT. <<NOTE: 16 USC 5611.>> 

    ``The Secretary shall annually report to the Congress on the 
activities of the Fisheries Commission, the General Council, the 
Scientific Council, and the consultative committee established under 
section 208.''.
    (d) North Atlantic Fisheries Organization Quota Allocation 
Practice.--The Northwest Atlantic Fisheries Convention Act of 1995 (16 
U.S.C. 201 et seq.) is further amended by adding at the end the 
following:

``SEC. 213. QUOTA ALLOCATION PRACTICE. <<NOTE: 16 USC 5612.>> 

    ``(a) In General.--The Secretary of Commerce, acting through the 
Secretary of State, shall promptly seek to establish a new practice for 
allocating quotas under the Convention that--
            ``(1) is predictable and transparent;
            ``(2) provides fishing opportunities for all members of the 
        Organization; and
            ``(3) is consistent with the Straddling Fish Stocks 
        Agreement.

    ``(b) Report.--The Secretary of Commerce shall include in annual 
reports under section 212--
            ``(1) a description of the results of negotiations held 
        pursuant to subsection (a);
            ``(2) an identification of barriers to achieving such a new 
        allocation practice; and
            ``(3) recommendations for any further legislation that is 
        necessary to achieve such a new practice.

    ``(c) Definition.--In this section the term `Straddling Fish Stocks 
Agreement' means the United Nations Agreement for the Implementation of 
the Provisions of the United Nations Convention on the Law of the Sea of 
10 December 1982 Relating to the Conservation and Management of 
Straddling Fish Stocks and Highly Migratory Fish Stocks.''.

SEC. 202. REAUTHORIZATION OF THE ATLANTIC TUNAS CONVENTION ACT OF 1975.

    (a) Reauthorization.--Section 10(4) of the Atlantic Tunas Convention 
Act of 1975 (16 U.S.C. 971h(4)) is amended by striking ``For fiscal year 
1998,'' and inserting ``For each of fiscal years 1998, 1999, 2000, and 
2001,''.
    (b) Miscellaneous Technical Amendments.--(1) The Atlantic Tunas 
Convention Act of 1975 is further amended--
            (A) in section 2 (16 U.S.C. 971), by redesignating the 
        second paragraph (4) as paragraph (5);
            (B) in section 5(b) (16 U.S.C. 971c(b)), by striking 
        ``fisheries zone'' and inserting ``exclusive economic zone'';
            (C) in section 6(c)(6) (16 U.S.C. 971d(c)(6))--
                    (i) by designating the last sentence as subparagraph 
                (B), and by indenting the first line thereof; and
                    (ii) in subparagraph (A)(iii), by striking 
                ``subparagraph (A)'' and inserting ``clause (i)'';
            (D) by redesignating the first section 11 (16 U.S.C. 971 
        note) as section 13, and moving that section so as to appear 
        after section 12 of that Act;

[[Page 112 STAT. 3453]]

            (E) by amending the style of the heading and designation for 
        each of sections 11 and 12 <<NOTE: 16 USC 971j, 971k.>>  so as 
        to conform to the style of the headings and designations of the 
        other sections of that Act; and
            (F) <<NOTE: 16 USC 971, 971b, 971d, 971e.>> by striking 
        ``Magnuson Fishery'' each place it appears and inserting 
        ``Magnuson-Stevens Fishery''.

    (2) Section 3(b)(3)(B) of the Act of September 4, 1980 (Public Law 
96-339; 16 U.S.C. 971i(b)(3)(B)), is amended by inserting ``of 1975'' 
after ``Act''.

SEC. 203. <<NOTE: 16 USC 1856 note.>> AUTHORITY OF STATES OF WASHINGTON, 
            OREGON, AND CALIFORNIA TO MANAGE DUNGENESS CRAB FISHERY.

    (a) In General.--Subject to the provisions of this section and 
notwithstanding section 306(a) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1856(a)), each of the States 
of Washington, Oregon, and California may adopt and enforce State laws 
and regulations governing fishing and processing in the exclusive 
economic zone adjacent to that State in any Dungeness crab (Cancer 
magister) fishery for which there is no fishery management plan in 
effect under that Act.
    (b) Requirements for State Management.--Any law or 
regulation adopted by a State under this section for a Dungeness crab 
fishery--
            (1) <<NOTE: Applicability.>> except as provided in paragraph 
        (2), shall apply equally to vessels engaged in the fishery in 
        the exclusive economic zone and vessels engaged in the fishery 
        in the waters of the State, and without regard to the State that 
        issued the permit under which a vessel is operating;
            (2) shall not apply to any fishing by a vessel in exercise 
        of tribal treaty rights except as provided in United States v. 
        Washington, D.C. No. CV-70-09213, United States District Court 
        for the Western District of Washington; and
            (3) shall include any provisions necessary to implement 
        tribal treaty rights pursuant to the decision in United States 
        v. Washington, D.C. No. CV-70-09213.

    (c) Limitation on Enforcement of State Limited Access Systems.--Any 
law of the State of Washington, Oregon, or California that establishes 
or implements a limited access system for a Dungeness crab fishery may 
not be enforced against a vessel that is otherwise legally fishing in 
the exclusive economic zone adjacent to that State and that is not 
registered under the laws of that State, except a law regulating 
landings.
    (d) State Permit or Treaty Right Required.--No vessel may harvest or 
process Dungeness crab in the exclusive economic zone adjacent to the 
State of Washington, Oregon, or California, except as authorized by a 
permit issued by any of those States or pursuant to any tribal treaty 
rights to Dungeness crab pursuant to the decision in United States v. 
Washington, D.C. No. CV-70-09213.
    (e) State Authority Otherwise Preserved.--Except as expressly 
provided in this section, nothing in this section reduces the authority 
of any State under the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) to regulate fishing, fish 
processing, or landing of fish.
    (f ) Termination of Authority.--The authority of the States of 
Washington, Oregon, and California under this section with respect to a 
Dungeness crab fishery shall expire on the effective

[[Page 112 STAT. 3454]]

date of a fishery management plan for the fishery under the Magnuson-
Stevens Fishery Conservation and Management Act.
    (g) Repeal.--Section 112(d) of Public Law 104-297 (16 U.S.C. 1856 
note) is repealed.
    (h) <<NOTE: Applicability.>>  Definitions.--The definitions set 
forth in section 3 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1802) shall apply to this section.

    (i) Sunset.--This section shall have no force or effect on and after 
September 30, 2001.

  TITLE III--NOAA HYDROGRAPHIC SERVICES <<NOTE: Hydrographic Services 
Improvement Act of 1998.>> 

SEC. 301. SHORT TITLE. <<NOTE: 33 USC 851 note.>> 

    This title may be cited as the ``Hydrographic Services Improvement 
Act of 1998''.

SEC. 302. DEFINITIONS. <<NOTE: 33 USC 892.>> 

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Administration.--The term ``Administration'' means the 
        National Oceanic and Atmospheric Administration.
            (3) Hydrographic data.--The term ``hydrographic data'' means 
        information acquired through hydrographic or bathymetric 
        surveying, photogrammetry, geodetic measurements, tide and 
        current observations, or other methods, that is used in 
        providing hydrographic services.
            (4) Hydrographic services.--The term ``hydrographic 
        services'' means--
                    (A) the management, maintenance, interpretation, 
                certification, and dissemination of bathymetric, 
                hydrographic, geodetic, and tide and current 
                information, including the production of nautical 
                charts, nautical information databases, and other 
                products derived from hydrographic data;
                    (B) the development of nautical information systems; 
                and
                    (C) related activities.
            (5) Act of 1947.--The term ``Act of 1947'' means the Act 
        entitled ``An Act to define the functions and duties of the 
        Coast and Geodetic Survey, and for other purposes'', approved 
        August 6, 1947 (33 U.S.C. 883a et seq.).

SEC. 303. FUNCTIONS OF THE ADMINISTRATOR. <<NOTE: 33 USC 892a.>> 

    (a) Responsibilities.--To fulfill the data gathering and 
dissemination duties of the Administration under the Act of 1947, the 
Administrator shall--
            (1) acquire and disseminate hydrographic data;
            (2) <<NOTE: Standards.>>  promulgate standards for 
        hydrographic data used by the Administration in providing 
        hydrographic services;
            (3) promulgate standards for hydrographic services 
        provided by the Administration;

[[Page 112 STAT. 3455]]

            (4) ensure comprehensive geographic coverage of hydrographic 
        services, in cooperation with other appropriate Federal 
        agencies;
            (5) maintain a national database of hydrographic data, in 
        cooperation with other appropriate Federal agencies;
            (6) provide hydrographic services in uniform, easily 
        accessible formats;
            (7) participate in the development of, and implement for the 
        United States in cooperation with other appropriate Federal 
        agencies, international standards for hydrographic data and 
        hydrographic services; and
            (8) to the greatest extent practicable and cost-effective, 
        fulfill the requirements of paragraphs (1) and (6) through 
        contracts or other agreements with private sector entities.

    (b) Authorities.--To fulfill the data gathering and dissemination 
duties of the Administration under the Act of 1947, and subject to the 
availability of appropriations, the Administrator--
            (1) may procure, lease, evaluate, test, develop, and operate 
        vessels, equipment, and technologies necessary to ensure safe 
        navigation and maintain operational expertise in hydrographic 
        data acquisition and hydrographic services;
            (2) may enter into contracts and other agreements with 
        qualified entities, consistent with subsection (a)(8), for the 
        acquisition of hydrographic data and the provision of 
        hydrographic services;
            (3) <<NOTE: Contracts.>>  shall award contracts for the 
        acquisition of hydrographic data in accordance with title IX of 
        the Federal Property and Administrative Services Act of 1949 (40 
        U.S.C. 541 et seq.); and
            (4) may design and install where appropriate Physical 
        Oceanographic Real-Time Systems to enhance navigation safety and 
        efficiency.

SEC. 304. QUALITY ASSURANCE PROGRAM. <<NOTE: 33 USC 892b.>> 

    (a) Definition.--For purposes of this section, the term 
``hydrographic product'' means any publicly or commercially available 
product produced by a non-Federal entity that includes or displays 
hydrographic data.
    (b) Program.--
            (1) In general.--The Administrator may--
                    (A) develop and implement a quality assurance 
                program that is equally available to all applicants, 
                under which the Administrator may certify hydrographic 
                products that satisfy the standards promulgated by the 
                Administrator under section 303(a)(3);
                    (B) authorize the use of the emblem or any trademark 
                of the Administration on a hydrographic product 
                certified under subparagraph (A); and
                    (C) charge a fee for such certification and use.
            (2) Limitation on fee amount.--Any fee under paragraph 
        (1)(C) shall not exceed the costs of conducting the quality 
        assurance testing, evaluation, or studies necessary to determine 
        whether the hydrographic product satisfies the standards adopted 
        under section 303(a)(3), including the cost of administering 
        such a program.

[[Page 112 STAT. 3456]]

    (c) Limitation on Liability.--The Government of the United States 
shall not be liable for any negligence by a person that produces 
hydrographic products certified under this section.
    (d) Hydrographic Services Account.--
            (1) Establishment.--There is established in the Treasury a 
        separate account, which shall be known as the ``Hydrographic 
        Services Account''.
            (2) Content.--The account shall consist of--
                    (A) amounts received by the United States as fees 
                charged under subsection (b)(1)(C); and
                    (B) such other amounts as may be provided by law.
            (3) Use.--Amounts in the account shall be available to the 
        Administrator, without further appropriation, for hydrographic 
        services.

    (e) Limitation on New Fees and Increases in Existing Fees for 
Hydrographic Services.--After the date of the enactment of this Act, the 
Administrator may not--
            (1) establish any fee or other charge for the provision of 
        any hydrographic service except as authorized by this section; 
        or
            (2) increase the amount of any fee or other charge for the 
        provision of any hydrographic service except as authorized by 
        this section and section 1307 of title 44, United States Code.

SEC. 305. REPORTS.

    (a) <<NOTE: Deadline.>>  Ports.--Not later than 6 months after the 
date of the enactment of this Act, the Administrator and the Commandant 
of the Coast Guard shall report to the Congress on--
            (1) the status of implementation of real-time tide and 
        current data systems in United States ports;
            (2) existing safety and efficiency needs in United States 
        ports that could be met by increased use of those systems; and
            (3) a plan for expanding those systems to meet those needs, 
        including an estimate of the cost of implementing those systems 
        in priority locations.

    (b) Maintaining Federal Expertise in Hydrographic 
Services.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 6 
        months after the date of the enactment of this Act, the 
        Administrator shall report to the Congress on a plan to ensure 
        that Federal competence and expertise in hydrographic surveying 
        will be maintained after the decommissioning of the 3 existing 
        Administration hydrographic survey vessels.
            (2) Contents.--The report shall include--
                    (A) an evaluation of the seagoing capacity, 
                personnel, and equipment necessary to maintain Federal 
                expertise in hydrographic services;
                    (B) an estimated schedule for decommissioning the 3 
                existing survey vessels;
                    (C) a plan to maintain Federal expertise in 
                hydrographic services after the decommissioning of these 
                vessels; and
                    (D) an estimate of the cost of carrying out this 
                plan.

[[Page 112 STAT. 3457]]

SEC. 306. AUTHORIZATION OF APPROPRIATIONS. <<NOTE: 33 USC 892.>> 

    There is authorized to be appropriated to the Administrator the 
following:
            (1) To carry out nautical mapping and charting functions 
        under the Act of 1947 and sections 303 and 304, except for 
        conducting hydrographic surveys, $33,000,000 for fiscal year 
        1999, $34,000,000 for fiscal year 2000, and $35,000,000 for 
        fiscal year 2001.
            (2) To conduct hydrographic surveys under section 303(a)(1), 
        including the leasing of ships, $33,000,000 for fiscal year 
        1999, $35,000,000 for fiscal year 2000, and $37,000,000 for 
        fiscal year 2001. Of these amounts, no more than $16,000,000 is 
        authorized for any one fiscal year to operate hydrographic 
        survey vessels owned and operated by the Administration.
            (3) To carry out geodetic functions under the Act of 1947, 
        $25,000,000 for fiscal year 1999, $30,000,000 for fiscal year 
        2000, and $30,000,000 for fiscal year 2001.
            (4) To carry out tide and current measurement functions 
        under the Act of 1947, $22,500,000 for each of fiscal years 1999 
        through 2001. Of these amounts $4,500,000 is authorized for each 
        fiscal year to implement and operate a national quality control 
        system for real-time tide and current and maintain the national 
        tide network, and $7,000,000 is authorized for each fiscal year 
        to design and install real-time tide and current data 
        measurement systems under section 303(b)(4).

SEC. 307. AUTHORIZED NUMBER OF NOAA CORPS COMMISSIONED OFFICERS.

    (a) Authorized Number.--Section 2 of the Coast and Geodetic Survey 
Commissioned Officers' Act of 1948 (33 U.S.C. 853a) is amended--
            (1) by redesignating subsections (a) through (e) as 
        subsections (b) through (f ), respectively; and
            (2) by inserting before subsection (b), as redesignated, the 
        following:

    ``(a)(1) Except as provided in paragraph (2), there are authorized 
to be not less than 264 and not more than 299 commissioned officers on 
the active list of the National Oceanic and Atmospheric Administration 
for fiscal years 1999, 2000, 2001, 2002, and 2003.
    ``(2) The Administrator may reduce the number of commissioned 
officers on the active list below 264 if the Administrator determines 
that it is appropriate, taking into consideration--
            ``(A) the number of billets on the fisheries, hydrographic, 
        and oceanographic vessels owned and operated by the 
        Administration;
            ``(B) the need of the Administration to collect high-quality 
        oceanographic, fisheries, and hydrographic data and information 
        on a continuing basis;
            ``(C) the need for effective and safe operation of the 
        Administration's fisheries, hydrographic and oceanographic 
        vessels;
            ``(D) the need for effective management of the commissioned 
        Corps; and
            ``(E) the protection of the interests of taxpayers.

    ``(3) <<NOTE: Notice.>>  At least 90 days before beginning any 
reduction as described in paragraph (2), the Administrator shall provide 
notice

[[Page 112 STAT. 3458]]

of such reduction to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Resources of the House 
of Representatives.''.

    (b) Officer Responsible for Commissioned Officers and Vessel 
Fleet.--Section 24(a) of the Coast and Geodetic Survey Commissioned 
Officers' Act of 1948 (33 U.S.C. 853u(a)) is amended by inserting ``One 
such position shall be appointed from the officers on the active duty 
promotion list serving in or above the grade of captain, and who shall 
be responsible for administration of the commissioned officers, and for 
oversight of the operation of the vessel fleet, of the Administration.'' 
before ``An officer''.
    (c) Relief From Moratorium on New Appointments.--The Secretary of 
Commerce immediately shall terminate the moratorium on new appointments 
of commissioned officers to the National Oceanic and Atmospheric 
Administration Corps.

 TITLE <<NOTE: Northwest Straits Marine Conservation.>>  IV--NORTHWEST 
STRAITS MARINE CONSERVATION INITIATIVE

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Northwest Straits Marine 
Conservation Initiative Act''.

SEC. 402. ESTABLISHMENT.

    There is established a commission to be known as the Northwest 
Straits Advisory Commission (in this title referred to as the 
``Commission'').

SEC. 403. ORGANIZATION AND OPERATION.

    The Commission shall be organized and operated in accordance with 
the provisions of the Northwest Straits Citizen's Advisory Commission 
Report of August 20, 1998, on file with the Secretary of Commerce (in 
this title referred to as the ``Report'').

SEC. 404. FUNDING.

    (a) In General.--The Secretary of Commerce may, from amounts 
available to the Secretary to carry out the work of the Commission, 
provide assistance for use in accordance with the Report and the 
priorities of the Commission--
            (1) <<NOTE: Records.>>  to collect marine resources data in 
        the Northwest Straits;
            (2) to coordinate Federal, State, and local marine resources 
        protection and restoration activities in the Northwest Straits; 
        and
            (3) to carry out other activities identified in the Report 
        as important to the protection and restoration of marine 
        resources in the Northwest Straits.

    (b) Provision.--The Secretary may provide the assistance authorized 
by subsection (a) through the Director of the Padilla Bay National 
Estuarine Research Reserve, unless the Governor of the State of 
Washington objects. If the Governor objects, then the Secretary may 
provide the assistance though the Administrator of the National Oceanic 
and Atmospheric Administration.

[[Page 112 STAT. 3459]]

SEC. 405. LIMITATION.

    Nothing in this title provides the Commission with the authority to 
implement any Federal law or regulation.

    Approved November 13, 1998.

LEGISLATIVE HISTORY--H.R. 3461:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 144 (1998):
            Oct. 12, considered and passed House.
            Oct. 21, considered and passed Senate.

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