TITLE 
I—GOVERNING 
INTER-
NATIONAL FISHERY AGREE-
MENT WITH POLAND
SEC. 101. GOVERNING INTERNATIONAL FISHERY AGREE-
MENT WITH POLAND.
Notwithstanding section 203 of the Magnuson-Ste-
vens Fishery Conservation and Management Act (16
U.S.C. 1823), the governing international fishery agree-
ment 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 ap-
proved 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
enactment of this Act.
TITLE II—MISCELLANEOUS
FISHERIES PROVISIONS
SEC. 201. REAUTHORIZATION OF THE NORTHWEST ATLAN-
TIC FISHERIES CONVENTION ACT OF 1995.
(a) REAUTHORIZATION.—Section 211 of the North-
west 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 insert-
ing ‘‘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’’.
(c) REPORT REQUIREMENT.—The Northwest Atlan-
tic Fisheries Convention Act of 1995 (16 U.S.C. 201 et
seq.) is further amended by adding at the end the follow-
ing:
‘‘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 com-
mittee 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.
‘‘(a) IN GENERAL.—The Secretary of Commerce, act-
ing 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 mem-
bers of the Organization; and
‘‘(3) is consistent with the Straddling Fish
Stocks Agreement.
‘‘(b) REPORT.—The Secretary of Commerce shall in-
clude 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 legisla-
tion that is necessary to achieve such a new practice.
‘‘(c) DEFINITION.—In this section the term ‘Strad-
dling 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 Manage-
ment 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 Atlan-
tic Tunas Convention Act of 1975 (16 U.S.C. 971h(4))
is amended by striking ‘‘For fiscal year 1998,’’ and insert-
ing ‘‘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 redesignat-
ing 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 sub-
paragraph (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;
(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 designa-
tions of the other sections of that Act; and
(F) by striking ‘‘Magnuson Fishery’’ each place
it appears and inserting ‘‘Magnuson-Stevens Fish-
ery’’.
(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, OR-
EGON, AND CALIFORNIA TO MANAGE DUNGE-
NESS CRAB FISHERY.
(a) IN GENERAL.—Subject to the provisions of this
section and notwithstanding section 306(a) of the Magnu-
son-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 sec-
tion 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 re-
gard 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 provide 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 im-
plement tribal treaty rights pursuant to the decision
in United States v. Washington, D.C. No. CV–70–
09213.
(c) LIMITATION ON ENFORCEMENT OF STATE LIM-
ITED ACCESS SYSTEMS.—Any law of the State of Wash-
ington, Oregon, or California that establishes or imple-
ments a limited access system for a Dungeness crab fish-
ery 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 Washing-
ton, Oregon, or California, except as authorized by a per-
mit 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 Manage-
ment 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 date of a fishery management plan
for the fishery under the Magnuson-Stevens Fishery Con-
servation 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 sec-
tion 3 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802) shall apply to this sec-
tion.
(i) SUNSET.—This section shall have no force or ef-
fect on and after September 30, 2001.
TITLE III—NOAA
HYDROGRAPHIC SERVICES
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Hydrographic Services
Improvement Act of 1998’’.
SEC. 302. DEFINITIONS.
In this title:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the National
Oceanic and Atmospheric Administration.
(2) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the National Oceanic and Atmospheric
Administration.
(3) HYDROGRAPHIC DATA.—The term ‘‘hydro-
graphic data’’ means information acquired through
hydrographic or bathymetric surveying, photo-
grammetry, geodetic measurements, tide and current
observations, or other methods, that is used in pro-
viding hydrographic services.
(4) HYDROGRAPHIC SERVICES.—The term ‘‘hy-
drographic services’’ means—
(A) the management, maintenance, inter-
pretation, certification, and dissemination of
bathymetric, hydrographic, geodetic, and tide
and current information, including the produc-
tion of nautical charts, nautical information
databases, and other products derived from hy-
drographic data;
(B) the development of nautical informa-
tion systems; and
(C) related activities.
(5) ACT OF 1947.—The term ‘‘Act of 1947’’
means the Act entitled ‘‘An Act to define the func-
tions 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 hydro-
graphic services;
(3) promulgate standards for hydrographic
services provided by the Administration;
(4) ensure comprehensive geographic coverage
of hydrographic services, in cooperation with other
appropriate Federal agencies;
(5) maintain a national database of hydro-
graphic data, in cooperation with other appropriate
Federal agencies;
(6) provide hydrographic services in uniform,
easily accessible formats;
(7) participate in the development of, and im-
plement 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 acquisi-
tion and hydrographic services;
(2) may enter into contracts and other agree-
ments with qualified entities, consistent with sub-
section (a)(8), for the acquisition of hydrographic
data and the provision of hydrographic 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 en-
hance navigation safety and efficiency.
SEC. 304. QUALITY ASSURANCE PROGRAM.
(a) DEFINITION.—For purposes of this section, the
term ‘‘hydrographic product’’ means any publicly or com-
mercially available product produced by a non-Federal en-
tity that includes or displays hydrographic data.
(b) PROGRAM.—
(1) IN GENERAL.—The Administrator may—
(A) develop and implement a quality assur-
ance program that is equally available to all ap-
plicants, 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 hydro-
graphic 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 hydro-
graphic product satisfies the standards adopted
under section 303(a)(3), including the cost of ad-
ministering 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.—
(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 pro-
vided by law.
(3) USE.—Amounts in the account shall be
available to the Administrator, without further ap-
propriation, 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 au-
thorized 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) PHOTOGRAMMETRY AND REMOTE SENSING.—
(1) IN
GENERAL.—Not later than 6 months
after the date of enactment of this Act, the Adminis-
trator shall report to the Congress on a plan to in-
crease, consistent with this title, contracting with
the private sector for photogrammetric and remote
sensing services related to hydrographic data acqui-
sition or hydrographic services. In preparing the re-
port, the Administrator shall consult with private
(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 im-
plementing those systems in priority locations.
(c) MAINTAINING FEDERAL EXPERTISE IN HYDRO-
GRAPHIC SERVICES.—
(1) IN
GENERAL.—Not later than 6 months
after the date of enactment of this Act, the Adminis-
trator shall report to the Congress on a plan to en-
sure that Federal competence and expertise in hy-
drographic surveying will be maintained after the de-
commissioning of the 3 existing Administration hy-
drographic 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 decommis-
sioning 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.
(d) UNITED STATES IMPLEMENTATION OF ELEC-
TRONIC NAUTICAL CHARTS.—Not later than 6 months
after the date of enactment of this Act, the Administrator
shall report to the Congress on the status of implementa-
tion by the United States of electronic nautical charts. The
report shall address, at a minimum—
(1) the role of the private sector, and the poten-
tial for the Administration to employ partnerships or
other arrangements with the private sector, in do-
mestic and international development and implemen-
tation of electronic nautical chart technology;
(2) the effects of private sector participation in
the development and implementation of electronic
nautical chart technology on public safety and the
continued ability of the Federal Government to as-
sume liability for United States nautical charts; and
(3) the range of alternative means by which the
Administration can effectively and efficiently make
electronic nautical chart data available to the private
sector and the general public, including an evalua-
tion of relative costs and advantages or disadvan-
tages of each such alternative.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Admin-
istrator 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 sur-
veys, $33,000,000 for fiscal year 1999, $34,000,000
for fiscal year 2000, $35,000,000 for fiscal year
2001, and $36,000,000 for fiscal year 2002.
(2) To conduct hydrographic surveys under sec-
tion 
303(a)(1), 
including 
leasing 
of 
ships,
$33,000,000 for fiscal year 1999, $35,000,000 for
fiscal year 2000, $37,000,000 for fiscal year 2001,
and $39,000,000 for fiscal year 2002. Of these
amounts, no more than $15,000,000 is authorized
for any one fiscal year to operate hydrographic sur-
vey vessels owned and operated by the Administra-
tion.
(3) To carry out geodetic functions under the
Act of 1947, $20,000,000 for fiscal year 1999, and
$22,000,000 for each of fiscal years 2000, 2001,
and 2002.
(4) To carry out tide and current measurement
functions under the Act of 1947, $22,500,000 for
each of fiscal years 1999 through 2002. Of these
amounts, $3,500,000 is authorized for each fiscal
year to implement and operate a national quality
control system for real-time tide and current data,
and $7,250,000 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 COMMIS-
SIONED 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 redes-
ignated, the following:
‘‘(a)(1) Except as provided as 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 Na-
tional 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, hy-
drographic, and oceanographic vessels owned and op-
erated by the Administration;
‘‘(B) the need of the Administration to collect
high-quality oceanographic, fisheries, and hydro-
graphic 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 tax-
payers.
‘‘(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 Com-
merce, Science, and Transportation of the Senate and the
Committees on Resources of the House of Representa-
tives.’’.
(b) OFFICER RESPONSIBLE FOR COMMISSIONED OF-
FICERS 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