H. R. 3461
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To approve a governing 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. 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 Presi-
dent 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 FISH-
ERIES 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’’.
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(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.
‘‘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 ALLOCA-
TION 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.
‘‘(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 Con-
servation 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;
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(E) by amending the style of the heading and designation
for each of sections 11 and 12 so as to conform to the style
of the headings and designations of the other sections of that
Act; and
(F) 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. 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 Dunge-
ness 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) 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 Califor-
nia 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
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date of a fishery management plan for the fishery under the Magnu-
son-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) 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
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Hydrographic Services Improve-
ment Act of 1998’’.
SEC. 302. DEFINITIONS.
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 bathy-
metric 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, cer-
tification, and dissemination of bathymetric, hydrographic,
geodetic, and tide and current information, including the
production of nautical charts, nautical information data-
bases, 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.
(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) promulgate standards for hydrographic data used by
the Administration in providing hydrographic services;
(3) 
promulgate 
standards 
for 
hydrographic 
services
provided by the Administration;
(4) ensure comprehensive geographic coverage of hydro-
graphic services, in cooperation with other appropriate Federal
agencies;
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(5) maintain a national database of hydrographic data,
in cooperation with other appropriate Federal agencies;
(6) provide hydrographic services in uniform, easily acces-
sible 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 con-
tracts or other agreements with private sector entities.
(b) AUTHORITIES.—To fulfill the data gathering and dissemina-
tion 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 hydro-
graphic services;
(3) 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.
(a) DEFINITION.—For purposes of this section, the term ‘‘hydro-
graphic product’’ means any publicly or commercially available prod-
uct 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 pro-
gram that is equally available to all applicants, under
which the Administrator may certify hydrographic products
that satisfy the standards promulgated by the Adminis-
trator 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 assur-
ance testing, evaluation, or studies necessary to determine
whether the hydrographic product satisfies the standards
adopted under section 303(a)(3), including the cost of admin-
istering such a program.
(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.—
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(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 hydro-
graphic 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) 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) 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 hydro-
graphic services after the decommissioning of these vessels;
and
(D) an estimate of the cost of carrying out this plan.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
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
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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 sub-
sections (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 Adminis-
tration;
‘‘(B) the need of the Administration to collect high-quality
oceanographic, fisheries, and hydrographic data and informa-
tion on a continuing basis;
‘‘(C) the need for effective and safe operation of the
Administration’s fisheries, hydrographic and oceanographic ves-
sels;
‘‘(D) the need for effective management of the commissioned
Corps; and
‘‘(E) the protection of the interests of taxpayers.
‘‘(3) At least 90 days before beginning any reduction as
described in paragraph (2), the Administrator shall provide notice
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
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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 Oce-
anic and Atmospheric Administration Corps.
TITLE 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 North-
west 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) 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.
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SEC. 405. LIMITATION.
Nothing in this title provides the Commission with the author-
ity to implement any Federal law or regulation.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.