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103D CONGRESS
2D SESSION
H. R. 4852
AN ACT
To provide congressional approval of a governing inter-
national fishery agreement, to authorize appropriations
for the Coast Guard for fiscal year 1995, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Oceans Act of 1994’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
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TABLE OF CONTENTS
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—HIGH SEAS FISHERIES LICENSING
Sec. 101. Short title.
Sec. 102. Purpose.
Sec. 103. Definitions.
Sec. 104. Licensing.
Sec. 105. Responsibilities of the Secretary.
Sec. 106. Unlawful activities.
Sec. 107. Enforcement provisions.
Sec. 108. Civil penalties and license sanctions.
Sec. 109. Criminal offenses.
Sec. 110. Forfeitures.
Sec. 111. Effective date.
TITLE II—IMPLEMENTATION OF CONVENTION ON FUTURE MUL-
TILATERAL COOPERATION IN THE NORTHWEST ATLANTIC
FISHERIES
Sec. 201. Short title.
Sec. 202. Representation of United States under Convention.
Sec. 203. Requests for scientific advice.
Sec. 204. Authorities of Secretary of State with respect to Convention.
Sec. 205. Interagency cooperation.
Sec. 206. Rulemaking.
Sec. 207. Prohibited acts and penalties.
Sec. 208. Consultative Committee.
Sec. 209. Administrative matters.
Sec. 210. Definitions.
Sec. 211. Authorization of appropriations.
TITLE III—GOVERNING INTERNATIONAL FISHERY AGREEMENT
Sec. 301. Agreement with Lithuania.
TITLE IV—ATLANTIC TUNAS CONVENTION ACT
Sec. 401. Short title.
Sec. 402. Research and monitoring activities.
Sec. 403. Advisory Committee procedures.
Sec. 404. Regulations.
Sec. 405. Fines and permit sanctions.
Sec. 406. Authorization of appropriations.
Sec. 407. Report and certification.
Sec. 408. Sense of the Congress regarding conservation and management of At-
lantic bluefin tuna.
TITLE V—FISHERMEN’S PROTECTIVE ACT
Sec. 501. Findings.
Sec. 502. Amendment to the Fishermen’s Protective Act of 1967.
Sec. 503. Reauthorization.
Sec. 504. Technical corrections.
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TITLE VI—FISHERIES ENFORCEMENT IN CENTRAL SEA OF
OKHOTSK
Sec. 601. Short title.
Sec. 602. Fishing prohibition.
TITLE VII—COAST GUARD AUTHORIZATIONS
Sec. 701. Authorization of appropriations.
Sec. 702. Authorized levels of military strength and training.
Sec. 703. Drug interdiction activities.
TITLE VIII—COAST GUARD PERSONNEL MANAGEMENT
IMPROVEMENT
Sec. 801. Hurricane Andrew relief.
Sec. 802. Dissemination of results of 0–6 continuation boards.
Sec. 803. Exclude certain reserves from end-of-year strength.
Sec. 804. Provision of child development services.
TITLE IX—NAVIGATION SAFETY AND WATERWAY SERVICES
MANAGEMENT
Sec. 901. Foreign passenger vessel user fees.
Sec. 902. Documentation violation.
Sec. 903. Clerical amendment.
Sec. 904. Renewal of Houston-Galveston Navigation Safety Advisory Committee
and Lower Mississippi River Waterway Advisory Committee.
TITLE X—MISCELLANEOUS PROVISIONS
Sec. 1001. Officer retention until retirement eligible.
Sec. 1002. Continuing obligation to provide documentation information at exist-
ing locations.
Sec. 1003. Continuation of the Commercial Fishing Industry Vessel Advisory
Committee.
Sec. 1004. Prohibition on station closures.
Sec. 1005. Renewal of the Navigation Safety Advisory Council.
Sec. 1006. Coast Guard Reserve peacetime requirements plan.
Sec. 1007. Prohibition on overhaul, repair, and maintenance of Coast Guard
vessels in foreign shipyards.
Sec. 1008. Electronic filing of commercial instruments.
Sec. 1009. Sense of the Congress regarding funding for Coast Guard.
Sec. 1010. Contracts for health care services.
Sec. 1011. Vessel financing.
Sec. 1012. Repeal of Great Lakes endorsements.
TITLE XI—RECREATIONAL BOATING SAFETY
Sec. 1101. Short title.
Sec. 1102. Personal flotation devices required for children.
Sec. 1103. Allocation of funds based on State adoption of laws regarding boat-
ing while intoxicated.
Sec. 1104. Marine casualty reporting.
Sec. 1105. Requiring violators to take recreational boating safety course.
Sec. 1106. Technical corrections.
TITLE XII—COAST GUARD REGULATORY REFORM
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Sec. 1201. Short title.
Sec. 1202. Safety management.
Sec. 1203. Use of reports, documents, records, and examinations of other per-
sons.
Sec. 1204. Equipment approval.
Sec. 1205. Frequency of inspection.
Sec. 1206. Certificate of inspection.
Sec. 1207. Delegation of authority of Secretary to classification societies.
Sec. 1208. Study of marine casualty reporting requirements.
TITLE XIII—UNITED STATES CRUISE VESSEL DEVELOPMENT
Sec. 1301. Short title.
Sec. 1302. Purpose.
Sec. 1303. Coastwise transportation of passengers.
Sec. 1304. Construction standards.
Sec. 1305. Citizenship for purposes of documentation.
Sec. 1306. Loan guarantees.
Sec. 1307. Permits for vessels entering units of National Park System.
TITLE XIV—BOATING IMPROVEMENT
Sec. 1401. Short title.
Sec. 1402. Boating safety grants.
Sec. 1403. Boating access.
Sec. 1404. Definitions.
TITLE XV—TOWING VESSEL NAVIGATIONAL SAFETY
Sec. 1501. Short title.
Sec. 1502. Minimum navigational safety equipment for towing vessels.
Sec. 1503. Reporting marine casualties.
Sec. 1504. Report on feasibility of establishing a Differential Global Positioning
Satellite Navigation System and electronic charts for inland
waterways.
Sec. 1505. Protection of seamen against discrimination.
Sec. 1506. Manning and licensing requirements for towing vessels.
Sec. 1507. Civil penalties.
Sec. 1508. Model towing vessel company inspection program.
TITLE XVI—MERCHANT MARINER BENEFITS
Sec. 1601. Merchant mariner benefits.
TITLE XVII—LIGHTHOUSE AND OTHER PROPERTY CONVEYANCES
Sec. 1701. Conveyance of Coast Guard property in Traverse City, Michigan.
Sec. 1702. Transfer of Coast Guard property in Ketchikan, Alaska.
Sec. 1703. Conveyance of Light Station Montauk Point, New York.
Sec. 1704. Conveyance of Cape Ann Lighthouse.
Sec. 1705. Transfer of Ocracoke Light Station to Secretary of the Interior.
Sec. 1706. Squirrel Point Lighthouse.
Sec. 1707. Conveyance of certain lighthouses located in Maine.
TITLE XVIII—BALLAST WATER MANAGEMENT
Sec. 1801. Short title.
Sec. 1802. Evaluation.
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Sec. 1803. National Ballast Water Management Demonstration Program.
Sec. 1804. Authorization of appropriations.
TITLE XIX—ADDITIONAL MISCELLANEOUS PROVISIONS
Sec. 1901. Amendment to require EPIRBs on the Great Lakes.
Sec. 1902. Implementation of oil pollution requirements with respect to vegeta-
ble oil.
Sec. 1903. Dual purpose vessel.
Sec. 1904. Equitable treatment of United States ocean freight forwarders by
ocean carrier conferences.
Sec. 1905. Florida Avenue Bridge.
Sec. 1906. Limitation on consolidation of Houston and Galveston marine safety
offices.
Sec. 1907. Buy American requirement for Surface Search Radar Systems and
multibeam sonar.
Sec. 1908. Special recruiting authority to achieve diversity.
Sec. 1909. Recommendations on actions for the protection of the North Atlan-
tic right whale.
Sec. 1910. Prohibition on diversion of drug interdiction funds.
Sec. 1911. Limitation on authority of states to regulate gambling devices on
vessels.
Sec. 1912. Pollution from ships.
Sec. 1913. Cost accounting for Haitian operations.
Sec. 1914. Plan for rescue of passengers on the Chesapeake Bay.
Sec. 1915. Board for correction of military records deadline.
Sec. 1916. Sense of the Congress regarding passengers aboard commercial ves-
sels.
TITLE XX—MARINE BIOTECHNOLOGY INVESTMENT ACT OF 1993
Sec. 2001. Short title.
Sec. 2002. Findings.
Sec. 2003. Definitions.
Sec. 2004. National marine biotechnology strategy.
Sec. 2005. National Oceanic and Atmospheric Administration.
Sec. 2006. Sea Grant Marine Biotechnology Program.
TITLE XXI—DOCUMENTATION OF VESSELS
Sec. 2101. Authorization of documentation for various vessels.
Sec. 2102. Authorization of documentation for the ATLANTIS III.
Sec. 2103. Vessel documentation for charity cruises.
Sec. 2104. Extension of deadline for the M/V TWIN DRILL.
Sec. 2105. Coastwise trade authorization for hovercraft.
Sec. 2106. Wrecked vessel.
Sec. 2107. Authorization for R/V ROSS SEAL to be documented under the
laws of a foreign country.
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TITLE I—HIGH SEAS FISHERIES
LICENSING
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘High Seas Fisheries
Licensing Act of 1994’’.
SEC. 102. PURPOSE.
It is the purpose of this Act—
(1) to implement the Agreement to Promote
Compliance with International Conservation and
Management Measures by Fishing Vessels on the
High Seas, adopted by the Conference of the Food
and Agriculture Organization of the United Nations
on November 24, 1993; and
(2) to establish a system of licensing, reporting,
and regulation for vessels of the United States fish-
ing on the high seas.
SEC. 103. DEFINITIONS.
As used in this Act:
(1) The term ‘‘Agreement’’ means the Agree-
ment to Promote Compliance with International
Conservation and Management Measures by Fishing
Vessels on the High Seas, adopted by the Con-
ference of the Food and Agriculture Organization of
the United Nations on November 24, 1993.
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(2) The term ‘‘FAO’’ means the Food and Ag-
riculture Organization of the United Nations.
(3) The term ‘‘high seas’’ means the waters be-
yond the territorial sea or exclusive economic zone
(or the equivalent) of any nation, to the extent that
such territorial sea or exclusive economic zone (or
the equivalent) is recognized by the United States.
(4) The term ‘‘high seas fishing vessel’’ means
any vessel of the United States used or intended for
use—
(A) on the high seas;
(B) for the purpose of the commercial ex-
ploitation of living marine resources; and
(C) as a harvesting vessel, as a mother
ship, or as any other support vessel directly en-
gaged in a fishing operation.
(5) The term ‘‘international conservation and
management measures’’ means measures to conserve
or manage one or more species of living marine re-
sources that are adopted and applied in accordance
with the relevant rules of international law, as re-
flected in the 1982 United Nations Convention on
the Law of the Sea, and that are recognized by the
United States. Such measures may be adopted by
global, regional, or sub-regional fisheries organiza-
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(1) make available to FAO information con-
tained in the record maintained under subsection
(a);
(2) promptly notify FAO of changes in such in-
formation;
(3) promptly notify FAO of additions to or de-
letions from the record, and the reason for any dele-
tion;
(4) convey to FAO information relating to any
license granted under section 104(b)(3), including
the vessel’s identity, owner or operator, and factors
relevant to the Secretary’s determination to issue
the license;
(5) report promptly to FAO all relevant infor-
mation regarding any activities of high seas fishing
vessels that undermine the effectiveness of inter-
national conservation and management measures, in-
cluding the identity of the vessels and any sanctions
imposed; and
(6) provide the FAO a summary of evidence re-
garding any activities of foreign vessels that under-
mine the effectiveness of international conservation
and management measures.
(c) INFORMATION TO FLAG NATIONS.—If the Sec-
retary, in cooperation with the Secretary of State and the