[108th Congress Public Law 219]
[From the U.S. Government Printing Office]
[DOCID: f:publ219.108]
[[Page 118 STAT. 615]]
Public Law 108-219
108th Congress
An Act
To provide for the conveyance to the Utrok Atoll local government of a
decommissioned National Oceanic and Atmospheric Administration ship, and
for other purposes. <<NOTE: Apr. 13, 2004 - [H.R. 2584]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--UTROK ATOLL RADIOLOGICAL MONITORING SUPPORT
SEC. 101. UTROK ATOLL RADIOLOGICAL MONITORING SUPPORT.
(a) In support of radiological monitoring, rehabilitation, and
resettlement of Utrok Atoll, whose residents were affected by United
States nuclear testing, the Secretary of Commerce may convey to the
Utrok Atoll local government without consideration, all right, title,
and interest of the United States in and to a decommissioned National
Oceanic and Atmospheric Administration ship in operable condition.
(b) The Government of the United States shall not be responsible or
liable for any maintenance or operation of a vessel conveyed under this
section after the date of the delivery of the vessel to Utrok.
(c) <<NOTE: Deadline.>> Within 120 days after the date of enactment
of this Act, the Utrok Atoll local government, in consultation with the
Government of the Republic of the Marshall Islands, shall submit a plan
for the use of the vessel to be conveyed under subsection (a) to the
House of Representatives Committee on Resources, the House of
Representatives Committee on Science, the Senate Committee on Energy and
Natural Resources, and the Senate Committee on Commerce, Science, and
Transportation.
TITLE II--RATIFICATION OF CERTAIN NOAA APPOINTMENTS, PROMOTIONS, AND
ACTIONS
SEC. 201. <<NOTE: Deadline.>> RATIFICATION OF CERTAIN NOAA APPOINTMENTS,
PROMOTIONS, AND ACTIONS.
All action in the line of duty by, and all Federal agency actions in
relation to (including with respect to pay, benefits, and retirement) a
de facto officer of the commissioned corps of the National Oceanic and
Atmospheric Administration who was appointed or
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promoted to that office without Presidential action, and without the
advice and consent of the Senate, during such time as the officer was
not properly appointed in or promoted to that office, are hereby
ratified and approved if otherwise in accord with the law, and the
President alone may, without regard to any other law relating to
appointments or promotions in such corps, appoint or promote such a de
facto officer temporarily, without change in the grade currently
occupied in a de facto capacity, as an officer in such corps for a
period ending not later than 180 days from the date of enactment of this
Act.
TITLE III--INTERNATIONAL <<NOTE: International Fisheries Reauthorization
Act of 2004.>> FISHERIES REAUTHORIZATION
SEC. 301. SHORT <<NOTE: 16 USC 5701 note.>> TITLE.
This title may be cited as the ``International Fisheries
Reauthorization Act of 2004''.
SEC. 302. 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. 303. 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''.
SEC. 304. REBUILDING FISH STOCKS.
Section 105 of division H of the Consolidated Appropriations Act,
2004, <<NOTE: Ante, p. 437.>> is repealed.
TITLE IV--PACIFIC ALBACORE TUNA TREATY
SEC. 401. <<NOTE: 16 USC 1821 note.>> IMPLEMENTATION.
(a) In General.--Notwithstanding anything to the contrary in section
201, 204, or 307(2) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1821, 1824, and 1857(2)), foreign fishing may
be conducted pursuant to the Treaty between the Government of the United
States of America and the Government of Canada on Pacific Coast Albacore
Tuna Vessels and Port Privileges, signed at Washington May 26, 1981,
including its Annexes and any amendments thereto.
(b) Regulations.--The Secretary of Commerce, with the concurrence of
the Secretary of State, may--
(1) promulgate regulations necessary to discharge the
obligations of the United States under the Treaty and its
Annexes; and
(2) provide for the application of any such regulation to
any person or vessel subject to the jurisdiction of the United
States, wherever that person or vessel may be located.
(c) Enforcement.--
(1) In general.--The Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.) shall
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be enforced as if subsection (a) were a provision of that Act.
Any reference in the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) to ``this Act'' or to
any provision of that Act, shall be considered to be a reference
to that Act as it would be in effect if subsection (a) were a
provision of that Act.
(2) Regulations.--The regulations promulgated under
subsection (b), shall be enforced as if--
(A) subsection (a) were a provision of the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.); and
(B) the regulations were promulgated under that Act.
SEC. 402. SOUTH PACIFIC TUNA TREATY ACT AMENDMENT.
Section 6 of the South Pacific Tuna Act of 1988 (16 U.S.C. 973d(a))
is amended by striking ``outside of the 200 nautical mile fisheries
zones of the Pacific Island Parties.'' and inserting ``or to fishing by
vessels using the longline method in the high seas areas of the Treaty
area.''.
Approved April 13, 2004.
LEGISLATIVE HISTORY--H.R. 2584 (S. 886):
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HOUSE REPORTS: No. 108-378 (Comm. on Resources).
SENATE REPORTS: No. 108-58 accompanying S. 886 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD:
Vol. 149 (2003):
Nov. 21, considered and passed
House.
Vol. 150 (2004):
Mar. 24, considered and passed
Senate, amended.
Mar. 29, House concurred in Senate
amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Apr. 13, Presidential statement.
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