Oceans Act of 1992
PL 102-587 (H.R.5617), enacted 11/04/1992

PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5039 
Public Law 102-587 
102d Congress 
An Act 
To provide Congressional approval of a Governing International Fishery Agreement, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Oceans Act of 1992". 
TITLE I—APPROVAI. OF GOVERNING INTERNATIONAL 
FISHERY AGREEMENT 
SEC. 
1
0
0
1
. 
APPROVAL 
OF 
AGREEMENT. 
Notwithstanding section 203 of the Magnuson Fishery Con-
servation 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 RepubUc 
of Estonia, as contained in the message to Congress from the 
President of the United States dated June 24, 1992, is approved 
by the Congress 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 title. 
TITLE II—NATIONAL MARINE SANCTUARIES PROGRAM 
SEC. 2001. SHORT TITLE. 
This title may be cited as the "National Marine Sanctuaries 
Program Amendments Act of 1992". 
Subtitle A—Amendments to Marine Protection, Research, 
and Sanctuaries Act of 1972 
SEC. 2101. FINDINGS, PURPOSES, AND POLICIES. 
(a) FINDINGS.—Section 301(a) of the Marine 
Protection, 
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431(a)) is 
amended— 
(1) in paragraph (2) by inserting ", and in some cases 
international," after "national"; 
(2) in paragraph (4)— 
(A) by inserting ", research," after "conservation"; and 
(B) by striking "and" after the semicolon at the end; 
(3) in paragraph (5) by striking the period at the end 
and inserting "; and"; and 
(4) by adding at the end the following: 
"(6) protection of these special areas can contribute to 
maintaining a natural assemblage of living resources for future 
generations.". 
Nov. 4, 1992 
[H.R. 5617] 
Oceans Act 
of 1992. 
Conservation. 
16 u s e 1431 
note. 
Effective date. 
16 u s e 1823 
note. 
National 
Marine 
Sanctuaries 
Program 
Amendments 
Act of 1992. 
16 u s e 1431 
note. 
59-194 O—93 
16 : QL 3 (Pt. 6) 
106 STAT. 5040 
PUBLIC LAW 102-587—NOV. 4, 1992 
(b) PURPOSES AND POUCIES.—Section 301(b) of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 
1431(b)) is amended to read as follows: 
"(b) PURPOSES AND POLICIES.—The purposes and policies of 
this title are— 
"(1) to identify and designate as national marine sanc-
tuaries areas of the marine environment which are of special 
national significance; 
"(2) to provide authority for comprehensive and coordinated 
conservation and management of these marine areas, and 
activities affecting them, in a manner which complements exist-
ing regulatory authorities. 
''(3) to support, promote, and coordinate scientific research 
on, and monitoring of, the resources of these marine areas, 
especially long-term monitoring and research of these areas; 
"(4) to enhance public awareness, imderstanding, apprecia-
tion, and wise use of the marine environment; 
"(5) to facilitate to the extent compatible with the primary 
objective of resource protection, all public and private uses 
of the resources of these marine areas not prohibited pursuant 
to other authorities; 
"(6) to develop and implement coordinated plans for the 
protection and management of these areas vdth appropriate 
Federal agencies, State and local governments. Native Amer-
ican tribes and organizations, international organizations, and 
other public and private interests concerned with the continuing 
health and resilience of these marine areas; 
"(7) to create models of, and incentives for, ways to conserve 
and msuiage these areas; 
"(8) to cooperate with global programs encouraging con-
servation of marine resources; and 
"(9) to maintain, restore, and enhance living resources by 
providing places for species that depend upon these marine 
areas to siurvive and propagate.". 
SEC. 2102. DEFINITIONS. 
(a) MARINE ENVIRONMENT.—Section 302(3) of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 
1432(3)) is amended by adding "including the exclusive economic 
zone," after "jurisdiction,". 
(b) DAMAGES.—Section 302(6) of the Marine Protection, 
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432(6)) is 
amended— 
(1) in subparagraph (AXii) by striking "and" at the end; 
(2) in subparagraph (B) by adding "and" at the end; and 
(3) by adding at the end the following: 
"(C) the reasonable cost of monitoring appropriate to 
the ii^jured, restored, or replaced resources, . 
(c) RESPONSE COSTS.—Section 302(7) of the Marine Protection, 
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432(7)) is 
amended by inserting "or authorized" after "taken". 
(d) EXCLUSIVE ECONOMIC ZONE.—Section 302 of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432) 
is amended (1) by striking the period at the end of paragraph 
(8) and inserting "; and"; and (2) by adding after paragraph (8) 
the following: 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5041 
''(9) 'exclusive economic zone' means the exclusive economic 
zone as defined in the Magnuson Fishery Conservation and 
Management Act.". 
(e) TECHNICAL CORRECTION.—Section 302 of the Marine Protec-
tion, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432) is 
amended— 
(1) in paragraph (1) by striking "304(aXlXE)*' and inserting 
"304(a)(lXC)(vr; and 
(2) in paragraph (5) by striking "and" £ifter the semicolon. 
SEC. 2103. SANCTUARY DESIGNATION STANDARDS. 
(a) STANDARDS.—Section 303(aX2XB) of the Marine Protection, 
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433(aX2(B)) 
is amended by inserting "or should be supplemented" after "inad-
equate". 
(b) FACTORS AND CONSULTATIONS.— 
(1) Section 303(bXlXA) of the Marine Protection, Research, 
and Sanctuaries Act of 1972 (16 U.S.C. 1433(bXlXA)) is 
amended by inserting "maintenance of critical habitat of endan-
gered species," after "assemblages," 
(2) Section 303(bX3) of the Marine Protection, Research, 
and Sanctuaries Act of 1972 (16 U.S.C. 1433(b)(3)) is amended— 
(A) by inseriing ", governmental," after "other commer-
cial" and inserting ", governmental," after "any commer-
cial"; 
(B) by adding at the end the following: "The Secretary, 
in consultation with the Secretary of Defense, the Secretary 
of Energy, and the Administrator, shall draft a resource 
assessment section for the report, including information 
on any past, present, or proposed future disposal or dis-
charge of materials in the vicinity of the proposed sanc-
tuary. Public disclosure by the Secretary or such informa-
tion shall be consistent with national security regulations."; 
and 
(C) by striking "304(aXl)" and inserting "304(aX2)". 
SEC. 2104. PROCEDURES FOR DESIGNATION AND IMPLEMENTATION. 
(a) SANCTUARY PROPOSAL.—Section 304(a) of the Marine Protec-
tion, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(a)) 
is amended— 
(1) by striking "prospectus" whenever it appears and insert-
ing "documents"; 
(2) in paragraph (IXC) by striking "a prospectus on the 
proposal which shall contain—" and inserting "documents, 
mcluding an executive summary, consisting of—"; and 
(3) in paragraph (5)— 
(A) by striking "United States Fishery Conservation 
Zone" and inserting "Exclusive Economic Zone"; and 
(B) by adding at the end: "The Secretary shall also 
cooperate with other appropriate fishery management 
authorities with rights or responsibilities within a proposed 
sanctuary at the earliest practicable stage in draiting any 
sanctuary fishing regulations.". 
(b) TAKING EFFECT OF DESIGNATIONS.—Section 304(b) of the 
Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 
1434(b)) is amended— 
(1) in paragraph (1) by striking the dash after "unless" 
and all that follows and inserting ", in the case of a national 
106 STAT. 5042 
PUBLIC LAW 102-587—NOV. 4, 1992 
marine sanctuary that is located partially or entirely within 
the seaward boundary of any State, the Governor affected cer-
tifies to the Secretary that ttie designation or any of its terms 
is unacceptable, in which case the designation or the unaccept-
able term shall not take efifect in the area of the s£uictuary 
l3dng within the seaward boundary of the State."; 
(2) in paragraph (2)— 
(A) striking "paragraph (1) (A) or (B)" and inserting 
"paragraph (1)"; 
(B) by strildng "not disapproved under paragraph (IXA) 
or "; £uid 
(C) by striking "paragraph (IXB)" and inserting "para-
graph (1)"; and 
(3) by striking paragraph (3) and redesignating paragraph 
(4) as paragraph (3). 
(c) ACCESS AND VALID RIGHTS.—Section 304(cXl) of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 
1434(cXl)) is amended to read as follows: 
"(1) Nothing in this title shall be construed as terminating 
or granting to the Secretary the right to terminate any valid 
lease, permit, license, or right of subsistence use or of access 
that is in existence on the date of designation of any national 
marine sanctuary.". 
(d) 
INTERAGENCY COOPERATION; REVIEW OF MANAGEMENT 
PLAN.—Section 304 of the Marine Protection, Research, and Sanc-
tuaries Act of 1972 (16 U.S.C. 1434) is amended by adding at 
the end the following new subsections: 
"(d) INTERAGENCY COOPERATION.— 
"(1) REVIEW OF AGENCY ACTIONS.— 
"(A) IN GENERAL.—^Federal etgency actions internal or 
external to a national marine sanctuary, including private 
activities authorized by licenses, leases, or permits, that 
are likely to destroy, cause the loss of, or ii^'ure any sanc-
tuary resource are subject to consultation with the 
Secretary. 
"(B) AGENCY STATEMENTS REQUIRED.—Subject to any 
regulations the Secretary may establish each Federal 
agency proposing an action described in subparagraph (A) 
shall i>rovide the Secretary with a written statement 
describing the action and its potential effects on sanctuary 
resources at the earUest practicable time, but in no case 
later than 45 days before the final approval of the action 
unless such Federal agency and the Secretary agree to 
a different schedule. 
"(2) SECRETARY'S RECOMMENDED ALTERNATIVES.—If the Sec-
retary finds that a Federal agency action is likely to destroy, 
cause the loss of, or ii\jure a sanctuary resource, the Secretaiy 
shall (within 45 days of receipt of complete information on 
the proposed agency action) recommend reasonable and prudent 
alternatives, which may include conduct of the action elsewhere, 
which can be taken by the Federal agency in implementing 
the agency action that will protect sanctuary resources. 
"(3) RESPONSE TO RECOMMENDATIONS.—The agency head 
who receives the Secretary's recommended alternatives under 
paragraph (2) shaJl promptly consult with the Secretary on 
the ^tematives. If the agency head decides not to follow the 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5043 
alternatives, the agency head shall provide the Secretary with 
a written statement explaining the reasons for that decision. 
"(e) REVIEW OF MANAGEMENT PLANS.—^Not more than five years Regulations. 
after the date of designation of any national marine sanctuary, 
and thereaifter at intervals not exceeding five years, the Secretary 
shall evaluate the substantive progress toward implementing the 
management plan and goals for the sanctuary, especially the 
efiectiveness of site-specific management techniques, and shall 
revise the management plan and regulations as necessary to fulfill 
the purposes and policies of this title. . 
SEC. 2105. APPUCATION 
OF 
REGULATIONS; 
INTERNATIONAL 
COOPERATION. 
(a) 
ENFORCEABILITY; INTERNATIONAL COOPERATION.—Section 
305 of the Marine Protection, Research, and Sanctuaries Act of 
1972 (16 U.S.C. 1435) is amended— 
(1) in subsection (a)— 
(A) by striking 'The" in the first sentence and inserting 
in lieu thereof "This title and the"; and 
(B) by inserting "or be enforced against" immediately 
after "apply to"; and 
(2) by adding at the end the following new subsection: 
"(c) INTERNATIONAL COOPERATION.—The Secretary, in consulta-
tion with the Secretary of State and other appropriate Federal 
agencies, shall cooperate with other governments and international 
organizations in furtherance of the purposes and policies of this 
title and consistent with applicable regional and mutilateral 
arrangements for the protection and management of special marine 
areas.". 
(b) TECHNICAL AMENDMENT.—^The section heading for section 
305 of the Marine Protection, Research, and Sanctuaries Act of 
1972 (16 U.S.C. 1435) is amended by striking all afl^r "REGULA-
TIONS" and inserting in lieu thereof "; INTERNATIONAL NEGOTIA-
TIONS AND COOPERATION.". 
SEC. 2106. PROHIBITED ACTIVITIES. 
Section 306 of the Marine Protection, Research, and Sanctuaries 
Act of 1972 (16 U.S.C. 1436) is amended to read as follows: 
"SEC. 306. PROHIBITED ACTIVITIES. 
"It is imlawful to— 
"(1) destroy, cause the loss of, or injure any sanctuary 
resource managed under law or regulations for that sanctuary; 
"(2) possess, sell, deliver, carry, transport, or ship by any 
means any sanctuary resource taken in violation of this section; 
"(3) interfere with the enforcement of this title; or 
"(4) violate anj'^ provision of this title or any regulation 
or permit issued pursuant to this title.". 
SEC. 2107. E N F 0 R C E M E N 1 \ 
(a) CIVIL PENALTIES,.— 
(1) Section 307(cXl) of the Marine Protection, Research, 
and Sanctuaries Act of 1972 (16 U.S.C. 1437(c)(1)) is amended 
by striking "$50,000" and inserting "$100,000". 
(2) Section 307(cX3) of the Marine Protection, Research, 
and Sanctuaries Act of 1972 (16 U.S.C. 1437(c)(3)) is amended— 
(A) by striking "and may be proceeded" and all that 
follows through "jurisdiction"; and 
106 STAT. 5044 
PUBLIC LAW 102-587—NOV. 4, 1992 
(B) by adding at the end the following sentence: "Such 
penally shall constitute a maritime lien on the vessel and 
may be recovered in an action in rem in the district court 
of me United States having jurisdiction over the vessel.". 
(b) PROCEEDS FROM CIVIL FORFEITURES.—Section 307(dXl) of 
the Marine Protection, Research, and Sanctuaries Act of 1972 (16 
U.S.C. 1437(dXl)) is amended by addii^ at the end the following 
new sentence: 'The proceeds from forfeiture actions under this 
subsection shall constitute a separate recovery in addition to an^ 
amounts recovered as civil penalties under this section or as dvd 
damages under section 312. None of those proceeds shall be subject 
to set-oflf.". 
(c) USE OF RECEIVED AMOUNTS.—Section 307(e) of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 
1437(e)) is amended by striking paragraph (1) and inserting the 
following: 
"(1) EXPENDITURES.— 
"(A) Notwithstanding any other law, amoimts received 
by the United States as civil penalties, forfeitures of prop-
erty, and costs imposed under paragraph (2) shall be 
retained by the Secretary in the manner provided for in 
section 107(f)(1) of the Comprehensive Environmental 
Response, Compensation and Liability Act. 
"(B) Amounts received under this section for forfeitures 
and costs imposed under paragraph (2) shall be used to 
pay the reasonable and necessaiy costs incurred by the 
Secretary to provide temporary storage, care, maintenance, 
and disposal of £uiy sanctuary resource or other property 
seized in connection with a violation of this title or any 
regulation or permit issued under this title. 
"(C) Amounts received under this section as civil pen-
alties and any amounts remaining after the operation of 
subparagraph (B) shall be used, in order of priority, to— 
"(i) manage and improve the national marine sanc-
tuary with respect to which the violation occurred that 
resulted in the penalty or forfeiture; 
"(ii) pay a reward to any person who furnishes 
information leading to an assessment of a civil penalty, 
or to a forfeiture of property, for a violation of this 
title or any regulation or permit issued imder this 
title; and 
"(iii) manage and improve any other national 
marine sanctuary.". 
(d) CONFORMING AMENDMENT.—Section 312(d) of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 
1443(d)) is amended— 
(1) by striking "and civil penalties under section 307"; 
(2) by striking paragraph (3); and by redesignating para-
graph (4) as paragraph (3). 
(e) ENFORCEABILITY.—Section 307 of the Marine Protection, 
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437) is amended 
by adding at the end the following new subsection: 
"(j) AREA OF APPUCATION AND ENFORCEABILITY.—The area of 
application and enforceability of this title includes the territorial 
sea of the United States, as described in Presidential Proclamation 
5928 of December 27, 1988, which is subject to the sovereignty 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5045 
of the United States, and the United States exclusive economic 
zone, consistent with international law.". 
SEC. 2108. RESEARCH, MONITORING, AND EDUCATION. 
Section 309 of the Marine Protection, Research, and Sanctuaries 
Act of 1972 (16 U.S.C. 1440) is amended to read as follows: 
"SEC. 309. RESEARCH, MONITORING, AND EDUCATION. 
"(a) IN GENERAL.—^The Secretary shall conduct research, mon-
itoring, evaluation, and education programs as are necessary and 
reasonable to carry out the purposes and policies of this title. 
"(b) PROMOTION AND COORDINATION OF SANCTUARY USE.—The 
Secretary shall take such action as is necessary and reasonable 
to promote and coordinate the use of national marine sanctuaries 
for research, monitoring, and education purposes. Such action may 
include consulting with Federal agencies. States, local governments, 
regional agencies, interstate agencies, or other persons to promote 
use of one or more sanctuaries for research, monitoring, and edu-
cation, including coordination with the National Estuarine Research 
Reserve System.". 
SEC. 2109. COOPERATIVE AGREEMENTS; DONATIONS, AND ACQUISI-
TIONS. 
"Section 311 of the Marine Protection, Research, and Sanc-
tuaries Act of 1972 (16 U.S.C. 1442) is amended to read as follows: 
"SEC. 311. COOPERATIVE AGREEMENTS, DONATIONS, AND ACQUISI-
TIONS. 
"(a) COOPERATIVE AGREEMENTS, GRANTS AND OTHER AGREE-
MENTS.—^The Secretary may enter into cooperative agreements, 
financial agreements, grants, contracts, or other agreements with 
States, local governments, regional agencies, interstate agencies, 
or other persons to carry out the purposes and policies of this 
title. 
"(b) AUTHORIZATION TO SOLICIT DONATIONS.—The Secretary 
may enter into such agreements with an^ nonprofit organization 
authorizing the organization to solicit private donations to carry 
out the purposes and policies of this title. 
"(c) DONATIONS.—^The Secretary may accept donations of funds, 
property, and services for use in designating and administering 
national marine sanctuaries under this title. Donations accepted 
imder this section shall be considered as a gift or bequest to or 
for the use of the United States. 
"(d) ACQUISITIONS.—The Secretary may acquire by purchase, 
lease, or exchange, any land, facilities, or other propertjr necessary 
and appropriate to carry out the purposes and policies of this 
title.". 
SEC. 2110. DESTRUCTION OR LOSS OF, OR INJURY TO, SANCTUARY 
RESOURCES. 
(a) LIABILITY FOR INTEREST.—Section 312(aXl) of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 
1443(aXl)) is amended to read as follows: 
"(1) LIABILITY TO UNITED STATES.^Any person who 
destroys, causes the loss of, or iinures any sanctuary resource 
is liable to the United States for an amount equal to the 
sum o
f
— 
106 STAT. 5046 
PUBLIC LAW 102-587—NOV. 4, 1992 
"(A) the amount of response costs and damages result-
ing from the destruction, loss, or injury; and 
"(B) interest on that amount calciUated in the manner 
described under section 1005 of the Oil Pollution Act of 
1990.". 
(b) LlABiLTTY IN REM.—Section 312(aX2) of the Marine Protec-
tion, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(aX2)) 
is amended by adding at the end the following: The amount of 
that liability shall constitute a maritime lien on the vessel and 
may be recovered in an action in rem in any district court of 
the United States that has jurisdiction over the vessel.". 
(c) LIMITS TO LIABILITY.—Section 312(a) of the Marine Protec-
tion, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(a)) 
is amended by adding at the end the following: 
"(4) LIMITS TO LIABILITY.—Nothing in sections 4281-4289 
of the Revised Statutes of the United States or section 3 of 
the Act of February 13, 1893, shall limit the liability of any 
person under this title.". 
(d) RESPONSE ACTIONS.—Section 312(bXl) of the Marine Protec-
tion, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(bXl)) 
is amended by inserting "or authorize" of "undertake". 
(e) USE OF RECOVERED AMOUNTS.—Section 312(d) of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 
1443(d)) is amended in paragraph (3), as redesignated by this 
Act, by inserting "the coiut decree or settlement agreement and" 
after "m accordance with". 
SEC. 2111. AUTHORIZATION OF APPROPRIATIONS. 
Section 313 of the Marine Protection, Research, and Sanctuaries 
Act of 1972 (16 U.S.C. 1444) is amended to read as follows: 
'^EC. 313. AUTHORIZATION O
F APPROPRIATIONS. 
"There are authorized to be appropriated to the Secretary to 
carry out this title the following— 
"(1) $8,000,000 for fiscal year 1993; 
"(2) $12,500,000 for fiscal year 1994; 
"(3) $15,000,000 for fiscal year 1995; and 
"(4) $20,000,000 for fiscal year 1996.". 
SEC. 2112. ADVISORY COUNCILS AND SHORT TITLE. 
The Marine Protection, Research, and Sanctuaries Act of 1972 
(16 U.S.C. 1431 et seq.) is amended by adding at the end the 
following new sections: 
16USC1445a. 
<«EC. 315. ADVISORY COUNCILS. 
"(a) ESTABLISHMENT.—^The Secretary may establish one or more 
advisory councils (in this section referred to as an 'Advisory Council') 
to provide assistance to the Secretary regarding the designation 
and management of national marine sanctuaries. The Advisory 
Councils shall be exempt from the Federal Advisory Committee 
Act. 
"(b) MEMBERSHIP.—^Members of the Advisory Councils may be 
appointed from among— 
"(1) persons employed by Federal or State agencies with 
expertise in management of natural resources; 
"(2) members of relevant Regional Fishery Management 
Coimcils established under section 302 of the Magnuson Fishery 
Conservation and Management Act; and 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5047 
"(3) representatives of local user groups, conservation and 
other public interest organizations, scientific organizations, edu-
cational organizations, or others interested in the protection 
and multiple use management of sanctuary resources. 
"(c) LIMITS ON MEMBERSHIP.—^For sanctuaries designated after 
the date of enactment of the National Marine Sanctuaries Program 
Amendments Act of 1992, the membership of Advisory Councils 
shall be limited to no more than 15 members. 
"(d) STAFFING AND ASSISTANCE.—The Secretary may make 
available to an Advisory Council any staff, information, administra-
tive services, or assistance the Secretary determines are reasonably 
required to enable the Advisory Council to carry out its functions. 
"(e) PUBLIC PARTICIPATION AND PROCEDURAL MATTERS.—The 
following guidelines apply with respect to the conduct of business 
meetings of an Advisory Council: 
"(1) Each meeting shall be open to the public, and 
interested persons shall be permitted to present oral or written 
statements on items on the agenda. 
"(2) Emergency meetings may be held at the call of the 
chairman or presiding officer. 
"(3) Timely notice of each meeting, including the time, 
place, and agenda of the meeting, shall be published locally 
and in the Federal Register. 
"(4) Minutes of each meeting shall be kept and contain 
a summary of the attendees and matters discussed. 
"SEC. 316. SHORT TITLE. 
The National 
'This title may be cited as The National Marine Sanctuaries 
Sanctuaries 
Act'.". 
Act. 
16 use 1431 
note. 
Subtitle B—^Miscellaneous 
SEC 2201. GRAVEYARD OF THE ATLANTIC ARTIFACTS. 
(a) ACQUISITION OF SPACE.—Pursuant to section 314 of the 
Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 
1445) and consistent with the Cooperative Agreement entered into 
in October, 1989, between the National Oceanic and Atmospheric 
Administration and the Mariner's Museum of Newport News, Vir-
ginia, the Secretary of Commerce shall make a grant for the acquisi-
tion of space in Hatteras Village, North Carolina, for— 
(1) the display and interpretation of artifacts recovered 
from the area of the Atlantic Ocean adjacent to North Carolina 
generally known as the Graveyard of the Atlantic, including 
artifacts recovered from the Monitor National Marine Sanc-
tuary; and 
(2) administration and operations of the Monitor National 
Marine Sanctuary. 
(b) AUTHORIZATION.—^To carry out the responsibilities of the 
Secretary of Commerce under this section, there are authorized 
to be appropriated to the Secretary of Commerce a total of $800,000 
for fiscal years 1993 and 1994, to remain available until expended. 
(c) FEDERAL SHARE.—^Not more than two-thirds of the cost 
of space acquired under this section may be paid with amounts 
provided pursuant to this section. 
Grants. 
North Carolina. 
Virginia. 
16 u s e 1445 
note. 
106 STAT. 5048 
PUBLIC LAW 102-587—NOV. 4, 1992 
Massachusetts. 
SEC. 2202. STELLWAGEN BANK NATIONAL MARINE SANCTUARY. 
note. 
(&) DESIGNATION.—^The area described in subsection (b) is des-
ignated as the Stellwagen Bank National Marine Sanctuary (here-
after in this section referred to as the "Sanctuary"). 
(b) AREA.—^The Sanctuary shall consist of all submerged lands 
and waters, including living and nonliving marine resources within 
those waters, bounded by the area described as Boundary Alter-
native 3 in the Draft Environmental Impact Statement and Manage-
ment Plan for the Proposed Stellwagen Bank National Marine 
Sanctuary, published by the Department of Commerce in January 
1991, except that the western boundary shall be modified as follows: 
(1) The southwestern comer of the Sanctuary shall be 
located at a point off Provincetown, Massachusetts, at the fol-
lowing coordinates: 42 degrees, 7 minutes, 44.89 seconds (lati-
tude), 70 degrees, 28 minutes, 15.44 seconds (longitude). 
(2) The northwestern comer of the Sanctuary shall be 
located at a point off Cape Ann, Massachusetts, at the following 
coordinates: 42 degrees, 37 minutes, 53.52 seconds (latitude), 
70 degrees, 35 minutes, 52.38 seconds (longitude). 
(c) M^AGEMENT.—^The Secretary of Conmierce shall issue a 
management plan for the Sanctuary in accordance with section 
304 of the Marine Protection, Research, and Sanctuaries Act of 
1972 (16 U.S.C. 1434), as amended by this title. 
(d) SAND AND GRAVEL MINING AcTivrnES PROHIBITED.—Not-
withstanding any other provision of law, exploration for, and mining 
of, sand ana gravel and other minerals in the Sanctuary is prohib-
ited. 
(e) CONSULTATION.—In accordance with the procedures estab-
lished in section 304(e) of the Marine Protection, Research, and 
Sanctuaries Act of 1972, as amended by this title, the appropriate 
Federal agencies shall consult with the Secretary on proposed 
agency actions in the vicinity of the Sanctuary that may affect 
sanctuary resources. 
(f) AUTHORIZATION.—^There are authorized to be appropriated 
to the Secretary of Commerce for carrying out Hie purposes of 
this section $570,000 for fiscal year 1993 and $250,000 for fiscal 
year 1994. 
(g) OFFICE.—^The Secretary of Commerce ahall consider 
establishing a satellite office for the Stellwagen Bank National 
Marine Sanctuary in Provincetown, Gloucester, or Hull, Massachu-
setts. 
SEC. 2203. MONTEREY BAY NATIONAL MARINE SANCTUARY. 
(a) ISSUANCE OF DESIGNATION NOTICE.—Notwithstanding sec-
tion 304(b) of the Marine Protection, Research, and Scuictuaries 
Act of 1972 (16 U.S.C. 1434(b)), the designation of the Monterey 
Bay National Marine Scmctuary (hereafter in this section the "Sanc-
tuary"), as described in the notice of designation submitted to 
the Congress on September 15, 1992, shall take effect on September 
18,1992. 
(b) OIL AND GAS ACTIVITIES PROHIBITED.—Notwithstanding any 
other provision of law, no leasing, exploration, development, or 
production of oil or gas shall be permitted within the Sanctuary 
as provided by section 944.5 of tne Final Environmental Impact 
Statement and Management Plan for the Monterey Bay National 
Marine Sanctuary, published by the Depcuiiment of Commerce in 
June 1992. 
16 u s e 1433 
note. 
Effective date. 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5049 
(c) CONSULTATION.—Section 304(e) of the Marine Protection, 
Research, and Sanctuaries Act of 1972, as amended by this title, 
shall apply to the Sanctuary as designated by the Secretary of 
Commerce. 
(d) VESSEL TRAFFIC—Within 18 months after the date of enact- Reports. 
ment of this title, the Secretary of Commerce and the Secretary 
of Transportation, in consultation with the State of California and 
with adequate opportunity for public comment, shall report to Con-
gress on measures for regulating vessel traffic in the Sanctuary 
if it is determined that such measures are necessary to protect 
sanctuary resources. 
SEC. 2204. ENHANCING SUPPORT FOR NATIONAL MARINE SANC- 16 USC1442 
TUARIES. 
"o^-
(a) IN GENERAL.—^Beginning on the date of enactment of this 
title, the Secretary shall conduct a 2-year pilot project to enhance 
funding for designation and management of national marine sanc-
tuaries. 
(b) PROJECT.—^The project shall consist o
f
— 
(1) the creation, adoption, and publication in the Federal 
Register by the Secretary of a symbol for the national marine 
sanctuary program, or for individual national marine sanc-
tuaries; 
(2) the solicitation of persons to be designated as official 
sponsors of the national marine sanctuary program or of 
individual national marine sanctuaries; 
(3) the designation of persons by the Secretary as official 
sponsors of the national marine sanctuary program or of 
individusd sanctu£uries; 
(4) the authorization by the Secretary of the use of any 
svmbol published imder paragraph (1) by ofilcial sponsors of 
the national marine sanctuary program or of individual national 
marine sanctuaries; 
(5) the establishment and collection by the Secretary of 
fees from official sponsors for the manufacture, reproduction 
or use of the symbols published under paragraph (1); 
(6) the retention of any fees assessed imder paragraph 
(5) by the Secretary in an interest-bearing revolving fund; and 
(7) the expenditure of any fees and any interest in the 
fund established under paragraph (6), without appropriation, 
by the Secretary to designate and manage national marine 
sanctuaries. 
(c) CONTRACT AUTHORITY.—^The Secretary may contract with 
any person for the creation of symbols or the solicitation of official 
sponsors imder subsection (b). 
(d) RESTRICTIONS.—^The Secretary may restrict the use of the 
symbols published under subsection (b), and the designation of 
official sponsors of the national marine sanctuary program or of 
individual national marine sanctuaries to ensure compatibility with 
the goals of the national marine sanctuary program. 
(e) PROPERTY OF UNITED STATES.—^Any symbol which is adopted 
by the Secretary and published in the Federal Register under 
subsection (b) is deemea to be the property of the United States. 
(f) PROHIBITED ACTIVITIES.—(1) It is unlawful for any person— 
(A) designated as an official sponsor to influence or seek 
to influence any decision by the Secretary or any other Federcd 
official related to the designation or management of a national 
106 STAT. 5050 
PUBLIC LAW 102-587—NOV. 4, 1992 
marine sanctuary, except to the extent that a person who 
is not so designated may do so; 
(B) to represent himself or herself to be an official sponsor 
absent a designation by the Secretary; 
(C) to manufactiire, reproduce, or use any symbol adopted 
by the Secretary absent designation as an official sponsor and 
without payment of a fee to the Secretary; and 
(D) to violate any regulation promidgated by the Secretary 
under this section. 
(2) Violation of this subsection shall be considered a violation 
of title III of the Marine Protection, Research, and Sanctuaries 
Act of 1972 (16 U.S.C. 1431 et seq.). 
(g) REPORT.—^No later than 30 months after the date of enact-
ment of this Act, the Secretary shall submit a report on the pilot 
project to Congress regarding the success of the program in provid-
ing additional funds for management and operation of national 
marine sanctuaries. 
(h) DEFINITIONS.—In this section— 
(1) the term "national marine sanctuary" or "national 
marine sanctuaries" means a national marine sanctuary or 
sanctuaries designated imder title III of the Marine Protection, 
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et 
seq.), or by other law in accordance with title III of the Marine 
Protection, Research, and Sanctuaries Act of 1972; 
(2) the term "official sponsor" means any person designated 
by the Secretary who is authorized to manufacture, reproduce, 
or use any symbol created, adopted, and published in the Fed-
eral Register under this section for a fee paid to the Secretary; 
and 
(3) the term "Secretary" means the Secretary of Commerce. 
SEC. 2205. TECHNICAL CORRECTIONS RELATING TO COASTAL ZONE 
MANAGEMENT ACT OF 1972. 
(a) 
AMENDMENT OF COASTAL ZONE MANAGEMENT ACT OF 
1972.—^Except as otherwise expressly provided, whenever in this 
section an amendment is expressed in terms of an amendment 
to a section or other provision, the reference shall be considered 
to be made to a section or other provision of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1451 et seq.). 
(b) TECHNICAL CORRECTIONS.— 
(1) The Act is amended by— 
(A) striking "coastal State" each place it appears and 
inserting "coastal state"; 
(B) striking "coastal States" each place it appears and 
inserting "coastal states"; and 
(C) striking "coastal State's" each place it appears and 
inserting "coastal state's". 
(2) Section 6203(bXl) of the Coastal Zone Act Reauthoriza-
16USC1452. 
tion Amendments of 1990 (104 Stat. 1388-301, relating to 
section 303(2) of the Coastal Zone Management Act of 1972) 
is amended by striking "as well as the" the first place it appears 
and inserting "as well as to". 
(3) Section 6204(a) of the Coastal Zone Act Reauthorization 
16 use 1453. 
Amendments of 1990 (104 Stat. 1388-302, relating to section 
304(1) of the Coastal Zone Management Act of 1972) is 
amended— 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5051 
(A) in the matter preceding paragraph (1) by striking 
T h e third sentence of section" and inserting "Section^ 
(B) in paragraph (1) by inserting after "period at the 
end" the following: of the third sentence"; and 
(C) in paragraph (2) by inserting after **territorial sea.'" 
the following: "at the end of the second sentence". 
(4) Section 6204(b) of the Coastal 2k>ne Act Reauthorization 
Amendments of 1990 (104 Stat. 1388-302) is amended by strik- 
16 use 1453. 
ing "following*" and inserting "following:". 
(5) Section 304(1) (16 U.S.C. 1453(1)) is amended in the 
second sentence— 
(A) by striking "the outer limit o r the first place it 
appears; and 
(B) by striking "1705," and inserting "1705),". 
(6) Section 304(2) (16 U.S.C. 1453(2)) is amended by strik-
ing "the term" and inserting "The term". 
(7) Section 304(9) (16 U.S.C. 1453(9)) is amended to read 
as follows: 
"(9) The term Tund' means the Coastal Zone Management 
Fund established under section 308(b).". 
(8) Section 306(b) (16 U.S.C. 1455(b)) is amended by strik-
ing the semicolon at the end and inserting a period. 
(9) Section 6216(a) of the Coastal Zone Act Reauthorization 
Amendments of 1990 (104 Stat. 1388-314, relating to section 16 use I455a. 
306A(bXl) of the Coastal Zone Management Act of 1972) is 
amended by striking "306a(bXl)'' and inserting "306A(bXl)''. 
(10) Section 306A(aXlXB) (16 U.S.C. 1455a(aXlXB)) is 
amended by striking "specified" and all that follows through 
the end of the sentence and inserting "specified in section 
303(2) (A) through (K).". 
(11) Section 306A(b) (16 U.S.C. 1455a(b)) is amended— 
(A) in paragraph (2) by striking "that are designated" 
and all that follows through the end of the paragraph 
and inserting "that are designated in the state's manage-
ment program piirsuant to section 306(dX2XC) as areas 
of particular concern."; and 
(B) in paragraph (3) by— 
(i) striking "access o r and inserting "access to"; 
and 
(ii) striking "in accordance with" and all that fol-
lows through the end of the paragraph and inserting 
"in accordance with the planning process reqmred 
under section 306(dX2XG).". 
(12) Section 306A(c) (16 U.S.C. 1455a(c)) is amended in 
paragraph (2XC) in the matter following claiise (iii) by striking 
"shall not by^ and inserting "shall not be . 
(13) Section 6208(bX3XB) of the Coastal Zone Act Reauthor-
ization Amendments of 1990 (104 Stat. 1388-308, relating to 16 use 1456. 
section 307(cX3XB) of the Coastal Zone Management Act of 
1972) is amended by inserting "with" after "complies". 
(14) Section 307(i) (16 U.S.C. 1456(i)) is amended— 
(A) by inserting "(1)" after "(i)"; 
(B) in paragraph (1) (as designated by subparagraph 
(A) of this paragraph) by striking the second sentence; 
and 
(C) by adding at the end the following: 
106 STAT. 5052 
PUBLIC LAW 102-587—NOV. 4, 1992 
''(2XA) The Secretanr shall collect such other fees as are 
necessary to recover the full costs of administering and process-
ing such appeals under subsection (c). 
"(B) If the Secretary waives the application fee under para-
graph (1) for an applicant, the Secretary shall waive all other 
fees under this subsection for the applicant. 
"(3) Fees collected under this subsection shall be deposited 
into the Coastal Zone Management Fund established under 
section 308.". 
(15) Section 6209 of the Coastal Zone Act Reauthorization 
16 use 1456a. 
Amendments of 1990 (104 Stat. 1388-308, relating to section 
308 of the Coastal Zone Management Act of 1972) is amended 
in the matter preceding the quoted material by striking "1456" 
and inserting 1456a". 
(16) Section 308(aXl) (16 U.S.C. 1456a(aXl)) is amended 
in the first sentence by striking "pursuant to this Act" and 
inserting "pursuant to tnis title". 
(17) Section 308(bXl) (16 U.S.C. 1456a(bXl)) is amended 
by striking "(hereinafter^ and all that follows through " 'Fund')". 
(18) Section 308(bXl) (16 U.S.C. 1456a(bXl)) is amended 
by inserting after "subsection (a)" the following: "and fees depos-
ited into the Fund under section 307(iX3)". 
(19) The first section 313 (16 U.S.C. 1459) is amended— 
(A) in subsection (a) by striking "section 308" and 
inserting "section 308, as in effect before the date of the 
enactment of the Coastal Zone Act Reauthorization Amend-
ments of 1990,"; and 
(B) in paragraph (1) of subsection (b) by striking "sec-
tion 308(d)" and all that follows through the end of the 
paragraph and inserting "section 308, as in effect before 
the date of the enactment of the Coastal Zone Act Reauthor-
ization Amendments of 1990; and". 
(20) The second section 313 (16 U.S.C. 1460, relating to 
Walter B. Jones excellence in coastal zone management awards) 
is amended— 
(A) by redesignating that section as section 314; 
(B) in subsection (a) by inserting after "under section 
308" the following: "and other amounts available to carry 
out this title (other than amounts appropriated to carry 
out sections 305, 306, 306A, 309, 310, and 315)"; and 
(C) in subsection (e) by inserting after "under section 
308" the following: "and other amounts available to carry 
out this title (other than amounts appropriated to carry 
out sections 305, 306, 306A, 309, 310, and 315)". 
(21) Section 315(a) (16 U.S.C. 1461(a)) is amended by strik-
ing "National Estuarine Reserve Research System" and insert-
ing "National Estuarine Research Reserve System". 
(22) Section 315(cX4) (16 U.S.C. 1461(cX4)) is amended 
by striking "subsection (1)" and inserting "paragraph (1)". 
(23) Section 316(a) (16 U.S.C. 1462(a)) is amended in clause 
(5) by striking "subsections (c) and (d) of this section" and 
inserting "subsections (c) and (d) of section 312". 
(24) Section 6217(iX3) of the Coastal Zone Act Reauthoriza-
16 use 1455b. 
tion Amendments of 1990 (104 Stat. 1388-319, relating to 
definitions under that Act) is amended— 
(A) by striking the comma; and 
(B) by inserting "Zone" after "Coastal". 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5053 
SEC. 2206. RESEARCH TO IMPROVE MANAGEMENT. 
(a) FLORIDA NATIONAL MARINE SANCTUARY.—Section 7(a) of 
the Florida Keys National Marine Sanctuary and Protection Act 
(16 U.S.C. 1433 note) is amended by striking paragraph (4); by 
redesignating paragraphs (5) through (8) as paragraphs (6) through 
(9), respectively; and by inserting after paragraph (3) the following 
new paragraphs: 
"(4) identify priority needs for research and amounts 
needed to— 
"(A) improve management of the Sanctuary, and in 
particular, the coral reef ecosystem within the Sanctuary; 
and 
"(B) identify clearly the cause and effect relationships 
between factors threatening the health of the coral reef 
ecosystem in the Sanctuary; 
"(5) establish a long-term ecological monitoring program 
and data base, including methods to disseminate information 
on the management of the coral reef ecosystem;". 
(b) DEADLINES NOT AFFECTED.—^The amendments made by sub-
section (a) shall not be construed to modify, by implication or 
otherwise, the deadlines established under— 
(1) section 7(a) of the Florida Keys National Marine Sanc-
tuary and Protection Act regarding completion of the com-
prehensive management plan and final regulations; or 
(2) section 8(a) of that Act regarding development of the 
water quality protection program. 
SEC. 2207. OLYMPIC COAST NATIONAL MARINE SANCTUARY. 
16 USC 1433 
No oil or gas leasing or preleasing activity shall be conducted 
within the area designated as the Olympic Coast National Marine 
Sanctuary in accordance with Public Law 100-627. 
SEC. 2208. PROVASOU-GUILLARD CENTER FOR CULTURE OF MARINE 
PHYTOPLANKTON. 
(a) FINDINGS.—^The Congress finds the following: 
(1) The oceans cover 70 percent of the surface of the Earth. 
(2) The foundation of the food webs and fisheries productiv-
ity of the oceans rests with microscopic plants known as 
phytoplankton. 
(3) Phytoplankton serve as a vital natural resource in the 
oceans. 
(4) By serving as primary agents in control of the flux 
of atmospheric carbon dioxide to the deep ocean, phytoplankton 
influence climate and the rate of global warming. 
(5) There is limited knowledge of the biology, physiology, 
chemistry, and taxonomy of phytoplankton, and it is of vital 
interest to this Nation to improve the body of knowledge relat-
ing to phytoplankton to benefit this Nation and other countries. 
(6) The Provasoli-Guillard Center for the Culture of Marine 
Phytoplankton located in West Boothbay Harbor, Maine, houses 
a phytoplankton collection that contains species from each of 
the ocean environments of the World, and is recognized as 
the largest collection of phjrtoplankton in the World. 
(7) The Provasoli-Guillard Center for the Culture of Marine 
Phj^plankton is of vital interest to oceanographers in this 
Nation and throughout the World, and provides cultures of 
phytoplankton for critical research on global issues. 
106 STAT. 5054 
PUBLIC LAW 102-587—NOV. 4, 1992 
Maine. 
Establishment. 
Establishment. 
(b) DESIGNATION.—In light of the findings under subsection 
(a), the Provasoli-Guillard Center for the Culture of Marine 
Phytoplankton located in West Boothbay Harbor, Maine, is des-
ignate as a National Center and Facility. 
SEC. 2209. FLORIDA KEYS NATIONAL MARINE SANCTUARY. 
(a) IMPLEMENTATION.—Section 8 of the Florida Keys National 
Marine Sanctuary and Protection Act (16 U.S.C. 1433 note) is 
amended by adding at the end the following new subsection: 
"(d) IMPLEMENTATION.—(1) The Administrator of the Environ-
mental Protection Agency and the Covemor of the State of Florida 
shall implement the program required by this section, in cooperation 
with the Secretary of Commerce. 
"(2XA) The Regional Administrator of the Environmental 
Protection Agency shall with the Governor of the State of Florida 
establish a Steering Committee to set guidance and policy for the 
development and implementation of such program. Membership 
shall include representatives of the Environmental Protection 
Agency, the National Park Service, the United States Fish and 
Wildlife Service, the Army Corps of Engineers, the National Oceanic 
and Atmospheric Administration, the Florida Department of 
Community Affairs, the Florida Department of Environmental 
Reg^ation, the South Florida Water Management District, and 
the Florida Keys Aqueduct Authority; three individuals in local 
government in the Florida Keys; and three citizens knowledgeable 
about such program. 
"(B) The Steering Committee shall, on a biennial basis, issue 
a report to Congress that— 
"(i) summarizes the progress of the program; 
"(ii) summarizes any modifications to the program and 
its recommended actions and plans; and 
"(iii) incorporates specific recommendations concerning the 
implementation of the program. 
"(C) The Administrator of the Environmental Protection Agency 
and the Administrator of the National Oceanic and Atmospheric 
Administration shall cooperate with the Florida Department of 
Environmental Regulation to establish a Technical Advisory 
Committee to advise the Steering Committee and to assist in the 
design and prioritization of programs for scientific research and 
monitoring. The Technical Advisory Committee shall be composed 
of scientists from Federal agencies, Stete agencies, academic institu-
tions, private non-profit organizations, and knowledgeable citizens. 
"(3XA) The Regional Administrator of the Environmental 
Protection Agency shall appoint a Florida Keys Liaison Officer. 
The Liaison (jfificer, who shall be located within the State of Florida, 
shall have the authority and staff to— 
"(i) assist and support the implementotion of the program 
required by this section, including administrative and teclmical 
support for the Steering Committee and Technical Advisory 
Committee; 
"(ii) assist and support local, Stete, and Federal agencies 
in developing and implementing specific action plans designed 
to carry out such program; 
"(iii) coordinate the actions of the Environmentel Protection 
Agency with other Federal agencies, including the National 
Oceanic and Atmospheric Administration and the National 
Park Service, and Stete and local authorities, in developing 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5055 
strategies to maintain, protect, and improve water quality in 
the Florida Keys; 
"(iv) collect and make available to the public publications, 
and other forms of information that the Steering Committee 
determines to be appropriate, related to the water quality in 
the vicinity of the Florida Keys; and 
"(v) provide for public review and comment on the program 
and implementing actions. 
''(4XA) There are authorized to be appropriated to the Adminis-
trator of the Environmental Protection Agency $2,000,000 for fiscal 
year 1993, $3,000,000 for fiscal year 1994, and $4,000,000 for fiscal 
year 1995, for the purpose of carrying out this section. 
"(B) There are authorized to be appropriated to the Secretary 
of Commerce $300,000 for fiscal year 1993, $400,000 for fiscal 
year 1994, and $500,000 for fiscal year 1995, for the purpose of 
enabling the National Oceanic and Atmospheric Administration 
to c£uw out this section. 
"(C) Amounts appropriated under this paragraph shall remain 
available until expended. 
"(D) No more than 15 percent of the amount authorized to 
be appropriated under subparagraph (A) for any fiscal year may 
be e»[>enaed in that fiscal year on aoministrative expenses. . 
(b) TECHNICAL AMENDMENT.—Section 8(c) of the Florida Keys 
National Marine Sanctuary and Protection Act (16 U.S.C. 1433 
note) is amended by striking "paragraph (1)" and inserting in lieu 
thereof "subsection (a)". 
Appropriation 
authorization. 
Subtitle C—^Hawaiian Islands Humpback Whale Sanctuary 
Hawaiian 
Islands National 
SEC. 2301. SHORT TITLE. 
Marine 
Sanctuary Act. 
This subtitle may be cited as the "Hawaiian Islands National ^ote. 
Marine Sanctuary Act". 
SEC. 2302. FINDINGS. 
The Congress finds the following: 
(1) Many of the diverse marine resources and ecosystems 
within the Western Pacific region are of national significance 
and importance. 
(2) There are at present no ocean areas in the Hawaiian 
Islands designated as national marine sanctuaries or identified 
on the Department of Commerce's Site Evaluation List of sites 
to be investigated as potential candidates for designation as 
a national marine sanctuary under title III of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 
1431 et seq.). 
(3) The Hawaiian Islands consist of eight mcgor islands 
and 124 minor islands, with a total land area of 6,423 square 
miles and a general coastline of 750 miles. 
(4) The marine environment adjacent to and between the 
Hawaiian Islands is a diverse and imique subtropical marine 
ecosystem. 
(5) The Department of Commerce recently concluded in 
its Kahoolawe Island National Marine Sanctuai^ Feasibilitv 
Study that there is preliminary evidence of biological, cultural, 
and historical resources a4jacent to Kahoolawe Island to merit 
further investigation for national marine sanctuary status. 
106 STAT. 5056 
PUBLIC LAW 102-587—NOV. 4, 1992 
(6) The Department of Commerce also concluded in its 
Kahoolawe Island National Marine Sanctuary Feasibility Study 
that there are additional marine areas within the Hawaiian 
archipelago which merit further consideration for national 
marine sanctuary status and that the nationsd marine sanc-
tuary program could enhance marine resource protection in 
Hawaii. 
(7) The Hawaiian stock of the endangered humpback whale, 
the largest of the three North Pacific stocks, breed and calve 
within the waters of the main Hawaiian Islands. 
(8) The marine areas surrounding the main Hawaiian 
Islands, which are essential breeding, calving, and nursing 
areas for the endangered himipback whale, are subject to dam-
age and loss of their ecological integrity from a variety of 
disturbances. 
(9) The Department of Commerce recently promulgated 
a humpback whale recovery plan which sets out a series of 
recommended goals and actions in order to increase the abun-
dance of the endangered humpback whale. 
(10) An announcement of certain Hawaiian waters fre-
quented by humpback whales as an active candidate for marine 
sanctuary designation was published in the Federal Register 
on March 17,1982 (47 FR 11544). 
(11) The existing State and Federal regulatory and manage-
ment programs applicable to the waters of the main Hawaiian 
Islands are inadequate to provide the kind of comprehensive 
and coordinated conservation and management of humpback 
whales and their habitat that is available under title III of 
the Marine Protection, Research, and Sanctuaries Act of 1972 
(16 U.S.C. 1431 et seq.). 
(12) Authority is needed for comprehensive and coordinated 
conservation and management of humpback whales and their 
habitat that will complement existing Federal and State regu-
latory authorities. 
(13) There is a need to support, promote, and coordinate 
scientific research on, and monitoring of, that portion of the 
marine environment essential to the survival of the humpback 
whale. 
(14) Public education, awareness, understanding, apprecia-
tion, and wise use of the marine environment are fundamental 
to the protection and conservation of the humpback whale. 
(15) The designation, as a national marine sanctuary, of 
the areas of the marine environment a4jacent to the main 
Hawaiian Islands which are essential to the continued recovery 
of the humpback whale is necessary for the preservation and 
protection of this important national marine resource. 
(16) The marine sanctuary designated for the conservation 
and management of himipback whales could be expanded to 
include other marine resources of national significance which 
are determined to exist within the sanctuary. 
SEC. 2303. DEFINITIONS. 
In this subtitle, the following definitions apply: 
(1) The term "adverse impact" means an impact that 
independently or cumulatively damages, diminishes, degrades, 
impairs, destroys, or otherwise harms. 
PUBLIC LAW 102-587—NOV. 4,1992 
106 STAT. 5057 
(2) The term "Sanctuai^ means the Hawaiian Islands 
Humpback Whale National Marine Sanctuary designated under 
section 2305. 
(3) The term "Secretary" means the Secretary of Commerce. 
SEC. 2304. POUCY AND PURPOSES. 
(a) POLICY.—^It is the policy of the United States to protect 
and preserve humpback whcues and their habitat within the Hawai-
ian Islands marine environment. 
(b) PURPOSES.—^The purposes of this subtitle are— 
(1) to protect humpback whales and their habitat in the 
area described in section 2305(b); 
(2) to educate and interpret for the public the relationship 
of humpback whales to the Hawaiian Islands marine environ-
ment; 
(3) to manage such human uses of the Sanctuary consistent 
with this subtitle and title III of the Marine Protection, 
Research, and Sanctuaries Act of 1972, as amended by this 
Act; and 
(4) to provide for the identification of marine resources 
and ecosystems of national signific£uice for possible inclusion 
in the sanctuary designated in section 2305(a). 
SEC. 2306. DESIGNATION OF SANCTUARY. 
(A) DESIGNATION.—Subject to subsection (c), the area described 
in subsection (b) is designated as the Hawaiian Islands Humpback 
Whale National Marine Sanctuary under title III of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1451 
et seq.), as amended by this title. 
(b) AREA INCLUDED.—(1) Subject to subsections (c) and (d), 
the area referred to in subsection (a) consists of the submerged 
Icmds and waters off the coast of the Hawaiian Islands seaward 
of the upper reaches of the wash of the waves on shore— 
(A) to the one hundred fathom (one hundred and eighty-
three meter) isobath adjoining the islands of Lanai, Maui, and 
Molokai, including Penguin Bank but excluding the area within 
3 nautical miles of the upper reaches of the waves on the 
shore of Kahoolawe Island; 
(B) to the deep water area of Pailolo Channel 
firom 
Cape 
Halawa, Molokai, to Nakalele Point, Maui, and southward; 
and 
(C) to the one himdred fathom (one hundred and eighty-
three meter) isobath adjoining the Kilauea National Wildlife 
Refuge on the island of Kauai. 
(2XA) On Januaiy 1, 1996, the area of the marine environment 
within 3 nautical miles of the upper reaches of the wash of the 
waves on the shore of Kahoolawe Island is designated a part of 
the Sanctuary, unless during the 3-month period immediately 
preceding January 1, 1996, the Secretary certifies in writing to 
the Committee on Commerce, Science, and Transportetion of the 
Senate and the Committee on Merchant Marine and Fisheries of 
the House of Representetives that the area is not suitable for 
inclusion in the Sanctuary. If such certification is made, it shall 
be accompanied by a written explanation of the Secretary's reason-
ing in support of the certification. 
(B) After a certification of unsuitebility is made under subpara- Reports. 
graph (A), the Secretary shall annually make a finding concerning 
the smtebility of the area for inclusion in the Sanctuary and submit 
106 STAT. 5058 
PUBLIC LAW 102-587—NOV. 4, 1992 
Federal 
Register, 
publication. 
Regulations. 
to such congressional committees a report on that finding and 
the reasons thereof. If the Secretary finds that the area is suitable 
for inclusion in the Ssuictuarv, the area is designated a part of 
the Sanctuary on the 30th day after such report is submitted. 
(C) Upon designation of the area under subparagraph (A) or 
(B), the area shall be managed as if it has been designated under 
section 2305, and the Secretary shall— 
(i) publish a notice in the Federal Register cmnoimcing 
the designation and identifying the area; and 
(ii) issue such regulations for the area as are necessary 
to fiilfiU the Secretary's responsibilities under this subtitle and 
title III of the Marine Protection, Research, and Sanctuaries 
Act of 1972 (16 U.S.C. 1431 et seq.). 
(3) The Secretary shall generally identify and depict the Sanc-
tuary on National Oceanic and Atmospheric Administration charts. 
Those charts shall be maintained on file and kept available for 
public examination during regular business hours at the Office 
of Ocean and Coastal Resource Management of the National Oceanic 
and Atmospheric Administration. The Secretary shall update the 
charts to reflect any boundary modification under subsection (d), 
and any additional designation under paragraph (2) of this sub-
section. 
(c) EFFECT OF OBJECTION BY GOVERNOR.—(1) If within 45 days 
after the date of the enactment of this title the Governor of Hawaii 
certifies to the Secretar)^ that the designation (including the 
prospective additional designation imder subsection (bX2) of the 
area within 3 nautical miles of Kahoolawe Island) is imacceptable, 
the designation shall not take effect in the area of the Sanctuary 
lying within the seaward boundary of the State of Hawaii. 
(2) If within 45 days after the date of issuance of the comprehen-
sive management plan and implementing regulations under section 
2306 the Governor of Hawaii certifies to the Secretary that the 
management plan, any implementing regulation, or any term of 
the plan or regulations is unacceptable, the management plan, 
regulation, or term, respectively, snail not take effect in the area 
of the Sanctuary lying within the seaward boundary of the State 
of Hawaii. 
(3) If the Secretary considers that an action taken under para-
graph (1) or (2) will affect the Sanctuarv in a manner that the 
goals and objectives of this subtitle cannot be fiilfiUed, the Secretary 
may terminate the entire designation under subsection (a). At least 
thirty days prior to such termination, the Secretary shall submit 
written notincation of the proposed termination to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives. 
(d) BOUNDARY MODIFICATIONS.—NO later than the date of issu-
ance of the drafi; environmental impact statement for the Sanctuary 
under section 304(aXlXCXvii) of the Marine Protection, Research, 
and Sanctuaries Act of 1972 (16 U.S.C. 1434(aXlXCXvii)), the Sec-
retary, in consultation with the Governor of Hawaii, if appropriate, 
may make modifications to the boundaries of the Sanctuary as 
necessary to fulfill the purpose of this subtitle. The Secretary shall 
submit to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Merchant Marine and Fisheries 
of the House of Representatives a written notification of such 
modifications. 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5059 
SEC. 
2
3
0
6
. 
COMPREHENSIVE 
MANAGEMENT 
PLAN. 
(a) PREPARATION OF PLAN.—^The Secretary, in consultation with 
interested persons and appropriate Federal, State, and local govern-
ment authorities, shall develop and issue not later than 18 months 
after the date of enactment of this title a comprehensive manage-
ment pl£ui and implementing regulations to achieve the policy and 
purposes of this subtitle. In developing the plan and regulations, 
the Secretary shcdl follow the procedures specified in sections 303 
and 304 of the Marine Protection, Research, and Sanctuaries Act 
of 1972 (16 U.S.C. 1433 and 1434), as amended by this title. 
Such comprehensive management plan shall— 
(1) faciUtate all public and private uses of the Sanctuary 
(including uses of Hawaiian natives customarily and tradition-
ally exercised for subsistence, cultural, and religious purposes) 
consistent with the primary objective of the protection of hump-
back whales and their habitat; 
(2) set forth the allocation of Federal and State enforcement 
responsibilities, as jointly agreed by the Secretary and the 
State of Hawaii; 
(3) identify research needs and estabUsh a long-term 
ecological monitoring program with respect to humpback whales 
and their habitat; 
(4) identify alternative sources of funding needed to fully 
implement the plan's provisions and supplement appropriations 
under section 2307 of this subtitle and section 313 of the 
Marine Protection, Research, and Sanctuaries Act of 1972 (16 
U.S.C. 1444); 
(5) ensure coordination and cooperation between Sanctuary 
managers and other Federal, State, and local authorities with 
jvirisdiction within or adjacent to the Scmctuary; and 
(6) promote education among users of the Sanctuary and 
the general public about conservation of humpback whales, 
their habitat, and other marine resources. 
(b) PUBLIC PARTICIPATION.—The Secretary shall provide for 
participation by the general public in development of the com-
prehensive management plan or any amendment thereto. 
SEC. 2307. AUTHORIZATION OF APPROPRIATIONS. 
For canning out this subtitle, there are authorized to be appro-
priated to the Secretary $500,000 for fiscal year 1993 and $300,000 
for fiscal year 1994. Of the amounts appropriated under this section 
for fiscal year 1993— 
(1) not less than $50,000 shall be used by the Western 
Pacific Regional Team to evaluate potential national marine 
sanctuary sites for inclusion on the Department of Commerce's 
Site Evaluation List; and 
(2) not less than $50,000 shall be used to continue the 
investigation of biological, cultural, and historical resources 
adjacent to Kahoolawe Island. 
TITLE m—MARINE MAMMAL STRANDINGS 
SEC. 3001. SHORT TITLE. 
This title may be cited as the 'Marine Mammal Health and 
Stranding Response Act". 
Marine Mammal 
Health and 
Stranding 
Response Act. 
16 use 1361 
note. 
106 STAT. 5060 
PUBLIC LAW 102-587—NOV. 4, 1992 
16 use 1421 
SEC. 3002. FINDINGS. 
The Congress finds the following: 
(1) Current stranding network participants have performed 
an undeniably valuable and ceaseless job of responding to 
marine mammal strandings over the last 15 years. 
(2) Insufficient imderstanding of the connection between 
marine mammal health and uie physical, chemical, and 
biological parameters of their environment prevents an ade-
quate understanding of the causes of marine mammal unusual 
mortality events. 
(3) An accurate assessment of marine mammal health, 
health trends in marine mammal populations in the wild, and 
causes of marine mammal luiusual mortality events cannot 
be made without adequate reference data on marine mammals 
and the environment in which they live. 
(4) A systematic assessment of the sources, presence, levels, 
and effects of potentially harmful contaminants on marine 
mammals would provide a better understanding of some of 
the causes of marine mammal unusual mortality events and 
mav serve as an indicator of the general health of our coastal 
and marine environments. 
(5) Responses to marine mammal unusiial mortality events 
are often uncoordinated, due to the lack of sufficient contin-
gency planning. 
(6) Standardized methods for the reporting of dying, dead, 
or otherwise incapacitated marine mammals in the wild would 
greatly assist in the determination of the causes of marine 
mammal unusual mortality events and enhance general knowl-
edge of marine mammal species. 
(7) A formed system for collection, preparation, and 
archiving of, and providing access to, marine m£unmal tissues 
will enhance efforts to investigate the health of marine mam-
mals and health trends of marine mammal populations, and 
to develop reference data. 
(8) Information on marine mammals, including results of 
analyses of marine mammal tissues, should be broadly available 
to the scientific community, including stranding network 
participants, through a marine mammal £ita base. 
SEC. 3003. MARINE MAMMAL HEALTH AND STRANDING RESPONSE PRO-
GRAM. 
(a) IN GENERAL.—The Marine Mammal Protection Act of 1972 
(16 U.S.C. 1361 et seq.) is amended by adding at the end the 
following new title: 
""TITLE m—MARINE MAMMAL HEALTH AND STRANDING 
RESPONSE 
16 use 1421. 
'^EC. 301. ESTABUSHMENT OF PROGRAM. 
"(a) ESTABLISHMENT.—The Secretary shall, in consultation with 
the Secretary of the Interior, the Marine Mammal Commission, 
and individuals with knowledge and experience in marine science, 
marine mammal science, marine mammal veterinary and hus-
bandry practices, and marine conservation, including stranding net-
work p£urticipants, establish a program to be known as the 'Marine 
Mammal Health and Stranding Response Program'. 
"(b) PURPOSES.—^The purposes of the ftt)gram shall be to— 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5061 
''(I) facilitate the collection and dissemination of reference 
data on the health of marine mammals and health trends 
of marine mammal populations in the wild; 
"(2) correlate the health of marine mammals and marine 
mammal populations, in the wild, with available data on phys-
ical, chemical, and biological environmental parameters; and 
"(3) coordinate effective responses to unusual mortality 
events by establishing a process in the Department of Com-
merce in accordance with section 304. 
'^EC. 302. DETERMINATION; DATA COLLECTION AND DISSEMINATION. 16 USC 1421a. 
"(a) DETERMINATION FOR RELEASE.—The Secretary shall, in 
consultation with the Secretary of the Interior, the Marine Mammal 
Commission, and individuals with knowledge and experience in 
marine science, marine mammal science, marine mammal veteri-
nary and husbandry practices, and marine conservation, including 
stranding network participants, develop objective criteria, after an 
opportunity for public review and comment, to provide guidance 
for determining at what point a rehabilitated marine mammal 
is releasable to the wild. 
"(b) COLLECTION.—^The Secretary shall, in consultation with 
the Secretary of the Interior, collect and update, periodically, exist-
ing information on— 
"(1) procedures and practices for— 
"(A) rescuing and rehabilitating stranded marine mam-
mals, including criteria used by stranding network partici-
pants, on a species-by-species basis, for determining at 
what point a marine mammal undergoing rescue and 
rehabilitation is returnable to the wild; and 
"(B) collecting, preserving, labeling, and transporting 
marine mammal tissues for physical, chemical, and 
biological analyses; 
"(2) appropriate scientific literature on marine mammal 
health, disease, and rehabilitation; 
"(3) strandings, which the Secretary shall compile and ana-
lyze, by region, to monitor species, numbers, conditions, and 
causes of illnesses and deaths of stranded marine mammals; 
and 
"(4) other life history and reference level data, including 
marine mammal tissue analyses, that would allow comparison 
of the causes of illness and deaths in stranded marine mammals 
with physical, chemical, and biological environmental param-
eters. 
"(c) AVAILABILITY.—^The Secretary shall make information col-
lected under this section available to stranding network participants 
and other qualified scientists. 
'^EC. 303. STRANDING RESPONSE AGREEMENTS. 
16 USC 1421b. 
"(a) IN GENERAL.—^The Secretary may enter into an agreement 
under section 112(c) with any person to take marine mammals 
under section 109(hXl) in response to a stranding. 
"(b) REQUIRED PROVISION.—^An agreement authorized by sub-
section (a) shall— 
"(1) specify each person who is authorized to perform activi-
ties imder the agreement; and 
"(2) specify any terms and conditions under which a person 
so specified may delegate that authority to another person. 
106 STAT. 5062 
PUBLIC LAW 102-587—NOV. 4, 1992 
"(c) REVIEW.—^The Secretary shall periodically review agree-
ments under section 112(c) that are entered into pursuant to this 
title, for performance adequacy and effectiveness. 
16 use 1421c. 
''SEC. 304. UNUSUAL MORTALITY EVENT RESPONSE. 
Establishment. 
"(a) RESPONSE.— 
**(1) WORKING GROUP.— 
"(A) The Secretary, acting through the Office, shall 
establish, in consultation with the Secretary of the Interior, 
a marine mammal unusual mortality event working group, 
consisting of individuals with knowledge and experience 
in marine science, marine meunmal science, marine mam-
mal veterinaiy and husbandry practices, marine conserva-
tion, and medical science, to provide guidance to the Sec-
retary and the Secretary of the Interior for— 
"(i) determining whether an unusual mortality 
event is occurring; 
"(ii) determining, after an imusual mortality event 
has begun, if response actions with respect to that 
event are no longer necessary; and 
"(iii) developing the contingency plan in accordance 
with subsection (b), to assist the Secretary in respond-
ing to imusual mortality events. 
"(B) The Federal Advisory Committee Act (5 App. 
U.S.C.) shall not apply to the marine mammal imusual 
mortality event working group established under this para-
graph. 
"(2) RESPONSE TIMING.—The Secretary, in consultation with 
the Secretary of the Interior, shall to the extent necessary 
and practicable— 
"(A) within 24 hours after receiving notification from 
a stranding network participant that an unusual mortality 
event might be occurring, contact as many members as 
is possible of the unusual mortality event working group 
for guidance; and 
"(B) within 48 hours eifter receiving such notification— 
"(i) make a determination as to whether an 
imusual mortality event is occurring; 
"(ii) inform the stranding network participant of 
that determination; and 
"(iii) if the Secretary has determined an unusual 
mortality event is occurring, designate an Onsite 
Coordinator for the event, in accordance with sub-
section (c). 
"(b) CONTINGENCY PLAN.— 
"(1) IN GENERAL.—^The Secretary shall, in consultation with 
the Secretary of the Interior and me unusual mortality event 
working group, and after an opportunity for public review and 
comment, issue a detailed contingency plan for responding to 
any unusual mortality event. 
"(2) CONTENTS.—^The contingency plan required under this 
subsection shall include— 
"(A) a list of persons, including stranding network 
participants, at a regional, State, and local level, who can 
assist the Secretary in implementing a coordinated and 
effective response to an unusual mortality event; 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5063 
"(B) the tjrpes of marine mammal tissues and analyses 
necessary to assist in diagnosing causes of unusual mortal-
ity events; 
"(C) training, mobilization, and utilization procedures 
for available personnel, facilities, and other resources nec-
essary to conduct a rapid and effective response to unusual 
mortaUty events; and 
**(D) such requirements as are necessary to— 
"(i) minimize death of marine mammals in the 
wild and provide appropriate care of marine mammals 
during an unusual mortality event; 
''(ii) assist in identifying the cause or causes of 
an unusual mortality event; 
"(iii) determine the effects of an unusual mortality 
event on the size estimates of the affected populations 
of marine mammals; and 
**(iv) identify any roles played in an unusual 
mortality event by physical, chemical, and biological 
factors, including contaminants. 
"(c) ONSITE COORDINATORS.— 
"(1) DESIGNATION.— 
"(A) The Secret£ury shall, in consultation with the Sec-
retary of the Interior, designate one or more Onsite 
Coordinators for an unusual mortality event, who shall 
make immediate recommendations to the stranding net-
work participants on how to proceed with response activi-
ties. 
"(B) An Onsite Coordinator so designated shall be one -
or more appropriate Regional Directors of the National 
Marine Fisheries Service or the United States Fish and 
Wildlife Service, or their designees. 
**(C) If, because of the wide geographic distribution, 
multiple species of marine mammals involved, or mag-
nitude of an unusual mortality event, more than one Onsite 
Coordinator is designated, the Secretary shall, in consulta-
tion with the Secretary of the Interior, designate which 
of the Onsite Coordinators shall have primary responsibil-
ity with respect to the event. 
"(2) FUNCTIONS.— 
"(A) An Onsite Coordinator designated under this sub-
section shall coordinate and direct the activities of all 
persons responding to an unusual mortality event in 
accordance with the contingency plan issued imder sub-
section (b), except that— 
"(i) with respect to any matter that is not covered 
by the contingency plan, an Onsite Coordinator shall 
use his or her best professional judgment; and 
"(ii) the contingency plan may be temporarily modi-
fied by an Onsite Coordinator, consulting as expedi-
tiously as possible with the Secretary, the Secretary 
of the Interior, and the unusual mortality event work-
ing group. 
"(B) An Onsite Coordinator may delegate to any quali-
fied person authority to act as an Onsite Coordinator under 
this title. 
106 STAT. 5064 
PUBLIC LAW 102-587—NOV. 4, 1992 
16 use 1421d. 
"SEC. 306. UNUSUAL MORTALITY EVENT ACTIVnY FUNDING. 
"(a) ESTABLISHMENT OF FUND.—There is established in the 
Treasury a fund to be known as the 'Marine Mammal Unusual 
Mortality Event Fund', which shall consist of amounts deposited 
into the Fund under subsection (c). 
"(b) USES.— 
"(1) IN GENERAL.—Amounts in the Fund— 
"(A) shall be available only for use by the Secretary, 
in consultation with the Secretary of the Interior— 
"(i) to compensate persons for special costs 
incurred in acting in accordance with the contingency 
plan issued luider section 304(b) or imder the direction 
of an Onsite Coordinator for an unusual mortality 
event; and 
"(ii) for reimbursing any stranding network partici-
pant for costs incurred in preparing and transporting 
tissues collected with respect to an unusual mortality 
event for the Tissue Bank; and 
"(B) shall remain available until expended. 
"(2) PENDING CLAIMS.—If sufficient amounts are not avail-
able in the Fund to satisfy any authorized pending claim, 
such claim shall remain pending until such time as sufficient 
amounts are available. All authorized pending claims shall 
be satisfied in the order received. 
"(c) DEPOSITS INTO THE FUND.—There shall be deposited into 
the Fund— 
"(1) amounts appropriated to the Fund; 
"(2) other amounts appropriated to the Secretary for use 
with respect to unusual mortality events; and 
"(3) amounts received by the United States in the form 
of gifts, devises, and bequests under subsection (d). 
"(d) ACCEPTANCE OF DONATIONS.—^For purposes of canying out 
this title, the Secretary may accept, solicit, and use the services 
of volunteers, and may accept, solicit, receive, hold, administer, 
and use gifts, devises, and bequests. 
16USC1421e. 
"SEC. 306. LIABIUTY. 
"(a) IN GENERAL.—A person who is authorized to respond to 
a stranding pursuant to an agreement entered into imder section 
112(c) is deemed to be an employee of the government for purposes 
of chapter 171 of title 28, United States Code, with respect to 
actions of the person that are— 
"(1) in accordance with the agreement; and 
"(2) in the case of an unusual mortality event, in accordance 
with— 
"(A) the contingency plan issued iinder section 304(b); 
"(B) the instructions of an Onsite Coordinator des-
ignated under section 304(c); or 
"(C) the best professioned judgment of an Onsite 
Coordinator, in the case of any matter that is not covered 
by the contingency plan. 
"(b) LIMITATION.-—Subsection (a) does not apply to actions of 
a person described in that subsection that are grossly negligent 
or that constitute willful misconduct. 
PUBLIC LAW 102-587—NOV. 4,1992 
106 STAT. 5065 
'«EC. 307. NATIONAL MARINE BfAMMAL TISSUE BANK AND TISSUE 
16 USC 1421f. 
ANALYSIS. 
"(a) TISSUE BANK.— 
**(1) IN GENERAL.—^The Secretary shall make provision for 
the storage, preparation, examination, and archiving of marine 
mammal tissues. Tissues archived piu*suant to this subsection 
shall be known as the 'National Marine Manunal Tissue Bank*. 
"(2) GUIDANCE FOR MARINE MAMMAL TISSUE COLLECTION, 
PREPARATION, A
N
D ARCHIVING.—^The Secretary shall, in con-
sultation with individuals with knowledge and expertise in 
marine science, marine mammal science, marine mammal vet-
erinary and husbandry practices, and marine conservation, 
issue guidance, after an opportimity for public review and com-
ment, for marine mammal tissue collection, preparation, 
archiving, and quality control procedures, regarding— 
''(A) appropriate and imiform methods and standards 
for those activities to provide confidence in marine mammal 
tissue samples used for research; and 
"(B) documentation of procedures used for collecting, 
preparing, and archiving those samples. 
"(3) SOURCE OF TISSUE.—In addition to tissues taken during 
marine mammal unusual mortality events, the Tissue Bank 
shall incorporate tissue samples taken from other sources in 
the wild, including— 
"(A) samples from marine mammals taken incidental 
to commercial fishing operations; 
''(B) samples from marine mammals taken for subsist-
ence purposes; 
"(C) biopsy samples; and 
"(D) any other samples properly collected. 
"(b) TISSUE ANALYSIS.—The Secretary shall, in consultation 
with the Marine Mammal Commission, the Secretary of the Interior, 
and individuals with knowledge and experience in marine science, 
marine mammal science, marine mammal veterinary and hus-
bandry practices, and marine conservation, issue guidance, after 
an opportunity for public review and comment, for analyzing tissue 
samples (by use of the most effective and advanced diagnostic 
technologies and tools practicable) as a means to monitor and 
measure overall health trends in representative species or popu-
lations of marine manunals, including— 
"(1) the levels of, and if possible, the effects of, potentially 
harmful contaminants; and 
"(2) the frequency of, and if possible, the causes and effects 
of abnormal lesions or anomalies. 
"(c) DATA BASE.— 
"(1) IN GENERAL.—^The Secretary shall maintain a central 
data base which provides an effective means for tracking and 
accessing data on marine mammals, including relevant data 
on marine mammal tissues collected for and maintained in 
the Tissue Bank. 
"(2) CONTENTS.—^The data base established under this sub-
section shall include— 
"(A) reference data on the health of marine mammals 
and populations of marine mammals; and 
"(B) data on species of marine mammals that are sub-
ject to unusual mortality events. 
106 STAT. 5066 
PUBLIC LAW 102-587—NOV. 4, 1992 
"(d) ACCESS.—^The Secretary shall, in consultation with the 
Secretary of the Interior, establish criteria, after an opportunity 
for public review £uid comment, for access t o ^ 
"(1) marine mammal tissues in the Tissue Bank; 
"(2) analyses conducted ptirsuant to subsection (b); and 
HS) marine mammal data in the data base maintained 
under subsection (c); 
which provide for appropriate uses of the tissues, analyses, and 
data 
by 
qualified 
scientists, 
including 
stranding 
network 
participants. 
16USC1421g. 
"SEC. 308. AUTHORIZATION OF APPROPRIATIONS. 
'There is authorized to be appropriated— 
"(1) to the Secretary for carrying out this title (other than 
sections 305 and 307) $250,000 for each of fiscal years 1993 
and 1994; 
"(2) to the Secretary for carrying out section 307, $250,000 
for each of fiscal years 1993 and 1994; and 
"(3) to the Fund, $500,000 for fiscal year 1993. 
16 use 1421h. 
"SEC. 309. DEFINITIONS. 
"In this title, the following definitions apply: 
"(1) The term 'Fund' means the Marine Mammal Unusual 
Mortality Event Fund established by section 305(a). 
"(2) The term 'Office' means the Office of Protected 
Resources, in the National Marine Fisheries Service. 
"(3) TTie term 'stranding* means an event in the wild in 
which— 
"(A) a marine mammal is dead and is— 
"(i) on a beach or shore of the United States; 
or 
"(ii) in waters imder the iurisdiction of the United 
States (including any navigable waters); or 
**(B) a marine mammal is alive and is— 
"(i) on a beach or shore of the United States and 
unable to return to the water; 
"(ii) on a beach or shore of the United States 
and, although able to return to the water, is in need 
of apparent medical attention; or 
(iii) in the waters under the jurisdiction of the 
United States (including any navigable waters), but 
is unable to return to its natural habitat under its 
own power or without assistance. 
"(4) The term 'stranding network participant' means a per-
son who is authorized by an agreement under section 112(c) 
to take marine mammals as described in section 109(hXl) in 
response to a stranding. 
"(5) The term Tissue Bank' means the National Marine 
Tissue Bank provided for under section 307(a). 
"(6) The term 'unusual mortality event' means a stranding 
that— 
"(A) is unexpected; 
3 j 
**(B) involves a significant die-off of any marine mam-
mal population; and 
"(C) demands immediate response.". 
16 use 1421a 
(b) IMPLEMENTATION.—The Secretary of Commerce shall— 
"°**- 
(1) in accordance with section 302 (a) and (b) of the Marine 
Mammal Protection Act of 1972, as amended by this Act, and 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5067 
not later than 24 months after the date of enactment of this 
Act— 
(A) develop and implement objective criteria to deter-
mine at what point a marine mammcd undergoing 
rehabilitation is returnable to the wild; and 
(B) collect and make available information on marine 
mammal health and health trends; and 
(2) in accordance with section 304(b) of the Marine Mammal 
Protection Act of 1972, as amended by this Act, issue a detailed 
contingency plan for responding to any unusual mortality 
event— 
(A) in proposed form by not later than 18 months 
after the date of enactment of this Act; and 
(B) in final form by not later than 24 months aft«r 
the date of enactment of this Act. 
SEC. 3004. CONFORMING AMENDMENTS. 
(a) CROSS REFERENCES.—^The Marine Mammal Protection Act 
of 1972 is amended— 
(1) in section 102(a) (16 U.S.C. 1372(a)) by inserting "or 
title III" after ''this title" the first place it appears; 
(2) in section 109(hXl) (16 U.S.C. 1379(hXl)) by inserting 
"or title Iir after "this title"; and 
(3) in section 112(c) (16 U.S.C. 1382(c)) by inserting "or 
title III" after "this title". 
(b) DEFINITION OF SECRETARY.—Section 3(11) of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1362(11)) is amended— 
(1) hy striking "The term" and inserting "(A) Except as 
provided m subparagraph (B), the term"; 
(2) by redesi^ating subpcuragraph (A) as clause (i); 
(3) by redesignating subparagraph (B) as clause (ii); and 
(4) by adding at the end the following new subparagraph: 
"(B) in title III the term 'Secretary* means the Sec-
retary of Commerce.". 
(c) TABLE OF CONTENTS.—The table of contents at the end 
of the first section of the Mcudne Mammcd Protection Act of 1972 
(16 U.S.C. 1361 et seq.) is amended by adding at the end the 
following: 
TITLE III—MARINE MAMMAL HEALTH AND STRANDING RESPONSE 
"Sec. 301. Establishment of program. 
"Sec. 302. Determination; data collection and dissemination. 
"Sec. 303. Stranding response agieements. 
"Sec. 304. Unusual mortality event response. 
"Sec. 305. Unusual mortality event activity funding. 
"Sec. 306. Liability. 
"Sec. 307. National Marine Mammal Tissue Bank and tissue analysis. 
"Sec. 308. Authorization of appropriations. 
"Sec. 309. Definitions.". 
SEC. 3005. PROJECT STUDY. 
Massachusetts. 
The Secretary of the Armv shall conduct studies for navigation 
rejects for Provincetown Harbor, Massachusetts, and Aunt Lydia's 
ove, Chatham, Massachusetts, and shall evaluate the benefits 
of the projects to commercial fishermen at full manufacturing wages. 
After completion of the studies, the Secretary of the Army shall 
carry out the projects under section 107 of the River and Harbor 
Act of 1960 (33 U.S.C. 577). 
S 
106 STAT. 5068 
PUBLIC LAW 102-587—NOV. 4, 1992 
Regulations. 
Coast Guard 
Authorization 
Act of 1992. 
SEC. 3006. TECHNICAL CLARIFICATION. 
Section 4283B of the Revised Statutes (46 App. U.S.C. 183c) 
is amended in paragraph (2) by inserting "anjr before "court*. 
TITLE IV—NEW YORK CITY ZEBRA MUSSEL PROGRAM 
SEC. 4001. MONITORING AND PREVENTION. 
(a) IN GENERAL.—^The Secretary of the Army in consultation 
with the Administrator of the Environmental Protection Agency, 
the Director of the United States Fish and Wildlife Service, the 
Governor of the State of New York, and the Mayor of the city 
of New York, shall— 
(1) develop a prevention monitoring program for zebra mus-
sels throughout the New York City water supply system; 
(2) develop appropriate zebra mussel prevention and 
removal technologies for the New York City water supply sys-
tem; and 
(3) provide technical assistance to the State of New York 
and the city of New York on alternative design and maintenance 
practices for the New York City water supply system in the 
event of zebra mussel infestation. 
(b) COST SHARING.—The Secretary of the Army shall not initiate 
any monitoring, prevention, or technical assistance project or pro-
gram imder this subsection until appropriate non-Federal interests 
agree, by contract, to contribute 25 percent of the cost for such 
project or program during the period of such project or program. 
(c) AUTHORIZATION OF APPROPRIATIONS.—^For the purposes of 
canying out this subsection, there is authorized to be appropriated 
to the Secretery of the Army $2,000,000 for each fiscal years 1993, 
1994, 1995, 1996, and 1997. Such sums shall remain available 
until expended. 
SEC. 4002. EXOTIC AQUATIC ORGANISMS. 
Section 1101(b) of the Nonindigenous Aquatic Nuisance Preven-
tion and Control Act of 1990 (16 U.S.C. 4711(b)) is amended by 
adding at the end the following new paragraph: 
"(3) In addition to issuing regulations under paragraph 
(1), the Secretery, in consultetion with the Task Force shall, 
not later than 24 months after the date of the enactment 
of this paragraph, issue regulations to prevent the introduction 
and spread of aquatic nuisance species into the Great Lakes 
through ballast water carried on vessels that, after operating 
on the waters beyond the exclusive economic zone, enter a 
United Stetes port on the Hudson River north of the George 
Washington Bridge.". 
TITLE V—COAST GUARD AUTHORIZATION 
SEC. 5001. SHORT TITLE. 
This title may be cited as the "Coast Guard Authorization 
Act of 1992". 
SEC. 6002. AUTHORIZATION OF APPROPRIATIONS. 
Funds are authorized to be appropriated for necessary expenses 
of the Coast Guard for Fiscal Year 1993, as follows: 
(1) For the operation and maintenance of the Coast Guard, 
$2,603,000,000, of which— 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5069 
(A) $253,100,000 shall be transferred from the Depart-
ment of Defense; 
(B) $31,876,000 shall be derived from the Oil Spill 
Liability Tnist Fimd; and 
(C) $35,000,000 shall be expended from the Boat Safety 
Account. 
(2) For the acquisition, construction, rebuilding, and 
improvement of aids-to-navigation, shore and offshore facilities, 
vessels, and aircraft, including equipment related thereto, 
$419,300,000 to remain available until expended, of which— 
(A) $18,000,000 shall be transferred from the Depart-
ment of Defense; and 
(B) $38,122,000 shall be derived from the Oil Spill 
Liability Trust Fund. 
(3) For research, development, test, and evaluation, 
$29,9()0,000, to remain available imtil expended, of which 
$4,000,000 shall be derived from the Oil Spill LiabiUty Trust 
Fund. 
(4) For retired pay (including the payment of obligations 
otherwise chargeable to lapsed appropriations for this purpose), 
payments under the Retired Serviceman's Family Protection 
and Survivor Benefit Plans, and payments for medical care 
of retired personnel and their dependents imder chapter 55 
of title 10, United States Code, $519,700,000, to remain avail-
able until expended. 
(5) For alteration or removal of bridges over navigable 
waters of the United States constituting obstructions to naviga-
tion, and for personnel and administrative costs associated 
with the Bridge Administration Program, $12,600,000, to 
remain available until expended. 
(6) For environmental compliance and restoration at Coast 
Guard facilities, $30,500,000, to remain available imtil 
expended. 
SEC. 5003. AUTHORIZED LEVELS OF MILITARY STRENGTH AND MILI-
TARY TRAINING. 
(a) As of September 30, 1993, the Coast Guard is authorized 
an end-of-year strength for active duty personnel of 39,732. The 
authorized strength does not include members of the Ready Reserve 
called to active duty under section 712 of title 14, United States 
Code. 
(b) For Fiscal Year 1993, the Coast Guard is authorized average 
military training student loads as follows: 
(1) For recruit and special training, 2,653 student years. 
(2) For flight training, 110 student years. 
(3) For professional training in military and civilian institu-
tions, 362 student years. 
(4) For officer acquisition, 878 student years. 
SEC. 5004. SHORE FACIUTIES IMPROVEMENTS AT GROUP CAPE HAT- North Carolina. 
TERAS. 
Of sunounts authorized to be appropriated for acquisition, 
construction, rebuilding, and improvement, the Secretary of 
Transportation shall expend not more than $5,500,000, in j^scal 
Years 1993, 1994,1995,1996, and 1997, for shore facilities improve-
ments within Group Cape Hatteras, North CaroHna. 
106 STAT. 5070 
PUBLIC LAW 102-587—NOV. 4, 1992 
SEC. 6006. PREPOSmONED OIL SPILL CLEANUP EQUIPMENT. 
Of the amounts authorized to be appropriated for acquisition, 
construction, rebuilding, and improvement that are derived from 
the Oil Spill Liability Trust Fund in fiscal year 1993, the Secretary 
of Transportation shall expend not more than— 
(1) $890,000 to acquire and preposition oil spill response 
equipment at Houston, Texas; and 
(2) $1,160,000 for the enhancement of Columbia River 
marine, fire, oil, and toxic spill response communications, train-
ing, equipment £ind program administration activities con-
ducted by the Maritime Fire and Safety Association. 
SEC. 5006. OIL SPILL TRAINING SIMULATORS. 
Of the amounts authorized to be appropriated for acquisition, 
construction, rebuilding, and improvement that are derived from 
the Oil Spill Liability Trust Fund in fiscal year 1993, the Secretary 
of Transportation shall make available not more than— 
Texas. 
(1) $1,250,000 to the Texas Center for Marine Training 
and Safety at Galveston, Texas, for the purchase of marine 
oil spill management simulator; and 
Massachusetts. 
(2) $1,250,000 to the Massachusetts Center for Marine 
Environmental Protection, located at Buzzards Bay, Massachu-
setts, for the purchase of a m£irine oil spill management simula-
tor. 
SEC. 6007. EVACUATION ALLOWANCE. 
Section 208 of the Dire Emergency Supplemental Appropria-
tions Act, 1992 (Public Law 102-368) applies to military personnel 
and civilian employees of the United States Coast Guard to the 
same extent as that section applies to the Department of Defense, 
except that funds available to the Coast Guard shall be used. 
Subtitle A—^Boating Safety 
SEC. 6101. TREATMENT OF UNOBUGATED ALLOCATIONS FOR STATE 
RECREATIONAL BOATING SAFETY PROGRAMS. 
Section 13104 of title 46, United States Code, is amended 
to read as follows: 
*
*
§ 13104. Availability of allocations 
"(aXD Amounts allocated to a State shall be available for 
obligation by that State for a period of 3 years after the date 
of allocation. 
"(2) Amounts allocated to a State that are not obligated at 
the end of the 3-year period referred to in paragraph (1) shall 
be withdrawn and allocated by the Secretary in addition to any 
other amounts available for allocation in the fiscal ye£ur in which 
they are withdrawn or the following fiscal year. 
"(b) Amounts available to the Secretary for State recreational 
boating safety programs for a fiscal year that have not been allo-
cated at the end of the fiscal year shall be allocated among States 
in the next fiscal year in addition to amounts otherwise available 
for allocation to States for that next fiscal year.". 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5071 
SEC. 5102. INCREASED PENALTIES FOR OPERATING A VESSEL WHILE 
INTOXICATED. 
Section 2302(cXl) of title 46, United States Code, is amended 
by striking "$1,000;" and inserting "$1,000 for a furst violation 
and not more than $5,000 for a subsequent violation;". 
SEC. 5108. FUTURE BOATERS EDUCATION PROGRAM. 
Children and 
Not later than six months after the date of enactment of this ^°" 
Act, the Secretary of Transportation shall submit to the Committee 
on Commerce, Science, ana Transportation of the Senate and the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives a plan to increase the availability of voluntary 
safe boating education to individuals 16 years of age or younger. 
In developing the plan, the Secretary shall consider using the 
resources of the Coast Guard Auxiliary to provide boating education 
to the greatest extent possible. 
Subtitle B—^Miscellaneous 
SEC. 5201. COAST GUARD BAND DIRECTOR. 
Section 336(d) of title 14, United States Code, is amended 
by striking "lieutenant". 
SEC. 5202. RECYCLING PROGRAM. 
Section 641 of title 14, United States Code, is amended by 
adding the following: 
"(cXD The Commandant may— 
"(A) provide for the sale of recyclable materials that the 
Coast Guard holds; 
"(B) provide for the operation of recycling programs at 
Coast Guard installations; and 
"(C) designate Coast Guard installations that have qualified 
recycling programs for the purposes of subsection (dX2). 
"(2) Recyclable materials shall be sold in accordance with sec-
tion 203 of the Federal Property and Administrative Services Act 
ofl949(40U.S.C.484). 
"(dXD Proceeds from the sale of recyclable materials at a Coast 
Guard installation shall be credited to fimds available for operations 
and maintenance at that installation in amoimts sufficient to cover 
operations, maintenance, recycling equipment, and overhead costs 
for processing recyclable materials at the installation. 
"(2) If, after funds are credited, a balance remains available 
to a Coast Guard installation and the installation has a qualified 
recycling program, not more than 50 percent of that balance may 
be used at uie installation for projects for pollution abatement, 
energy conservation, and occupational safety and health activities. 
The cost of the project may not be greater than 50 percent of 
the amount permissible for a minor construction project. 
"(3) The remaining balance available to a Coast Guard, installa-
tion may be transferred to the Coast Guard Morale, Welfare, and 
Recreation Program. 
"(e) If the balance available to the Coast Guard installation 
under this section at the end of a fiscal year is in excess of $200,000, 
the amount of that excess shall be deposited in the general fund 
of the Treasury as offsetting receipts of the Department in which 
the Coast Guard is operating and ascribed to Coast Guard 
activities.". 
59-194 O—93 
17 : QL 3 (Pt. 6) 
106 STAT. 5072 
PUBLIC LAW 102-587—NOV. 4, 1992 
SEC. 5203. CONFIDENTIALnY OF MEDICAL RECORDS. 
(a) Title 14, United States Code is amended by inserting after 
section 644 the following new section: 
*
*
§ 645. Confidentiality of medical quality assurance records; 
qualified immunity for participants 
"(a) In this section— 
"(1) 'medical quality assurance program' means any activity 
carried out by or for the Coast Guard to assess the (quality 
of medical care, including activities conducted by individuals, 
military medical or dentel treatment facility committees, or 
other review bodies responsible for quality assurance, creden-
tials, infection control, patient care assessment (including treat-
ment procedures, blood, drugs, and therapeutics) medical 
records, health resoiirces management review and identification 
and prevention of medical or dental incidents and risks. 
(2) 'medical quality assurance record' means the proceed-
ings, records, minutes, and reports that emanate from quality 
assurance program activities described in paragraph (1) and 
are produced or compiled by the Coast Guard as part of a 
medical quaUty assurance program. 
"(3) 'health care provider^ means any military or civiliem 
health care professional who, under regulations prescribed by 
the Secretary, is granted clinical practice privileges to provide 
health care services in a military medical or dental treatment 
facility or who is licensed or certified to perform health care 
services by a governmental board or agency or professional 
health care society or organization. 
"(b) Medical quality assurance records created by or for the 
Coast Guard as part of a medical quality assurance program are 
confidential and privileged. The records may not be disclosed to 
any person or entity except as provided in subsection (d). 
(cXD Medical quality assurance records are not subject to 
discovery and may not be admitted into evidence in any judicial 
or administrative proceeding, except as provided in subsection (d). 
"(2) Except as provided in tnis section, an individual who 
reviews or creates medical quality assurance records for the Coast 
Guard or who participates in any proceeding that reviews or creates 
the records may not testify in any judicial or administrative proceed-
ing with respect to the records or with respect to any finding, 
recommendation, evcduation, opinion, or action taken by that person 
in connection with the records. 
"(dXD Subject to paragraph (2), a medical quality assurance 
record may be disclosea, and an individual referrea to in subsection 
(c) may testify in connection with a record only as follows: 
"(A) To a Federal executive agency or private organization, 
if necessai^ to license, accredit, or monitor Coast Guard health 
care facilities. 
"(B) To an administrative or judicial proceeding commenced 
by a present or former Coast Guard or Coast Guard assigned 
Public Health Service health care provider concerning the 
termination, suspension, or limitation of clinical privileges of 
the health care provider. 
"(C) To a governmental board or agency or to a professional 
health care society or organization, if necessary to perform 
licensing, or privileging, or to monitor professional standards 
for a health care provider who is or was a member or an 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5073 
employee of the Coast Guard or the Public Health Service 
assigned to the Coast Guard. 
"(D) To a hospital, medical center, or other institution 
that provides health care services, if necessary to assess the 
professional qualifications of any health care provider who is 
or was a member or employee of the Coast Guard or the 
Public Health Service assigned to the Coast Guard and who 
has applied for or been granted authority or emplo3nnent to 
provide health care services in or on behalf of the institution. 
"(E) To an officer, member, employee, or contractor of the 
Coast Guard or the Public Health Service assigned to the 
Coast Guard if for ofiEicial purposes. 
"(F) To a criminal or civil law enforcement agency or 
instrumentality charged under applicable law with the protec-
tion of the public health or safety, if a qualified representative 
of the agency or instrumentality makes a written request that 
the record or testimony be provided for a purpose authorized 
by law. 
"(G) In an administrative or judicial proceeding commenced 
by a criminal or civil law enforcement agency or instrumentality 
referred to in subparagraph (F), but only with respect to the 
subject of the proceeding. 
"(2) Except in a quality assurance action, the identity of any 
individual receiving health care services from the Coast Guard 
or the identity of any other individual associated with the agency 
for the purposes of a medical quality assureuice program that is 
disclosed in a medical quality assurance record shall be deleted 
from that record or document before any disclosure of the record 
is made outside the Coast Guard. This requirement does not apply 
to the release of information under section 552a of title 5. 
"(d) Except as provided in this section, a person having posses-
sion of or access to a record or testimony described by this section 
may not disclose the contents of the record or testimony. 
"(e) Medical quality assurance records may not be made avail-
able to any person under section 552 of title 5. 
"(f) An individual who participates in or provides information 
to an individual that reviews or creates medical quality assurance 
records is not civilly liable for participating or providing the 
information if the participation or provision of information was 
in good faith based on prevailing professional standards at the 
time the medical quality assurance program activity took place. 
"(g) Nothing in this section shall be construed as— 
"(1) authority to withhold from any person a^egate statis-
tical information regarding the results of Coast Guard medical 
quality assurance programs; 
"(2) authority to withhold any medical quality assurance 
record from a committee of either House of Confess, any 
joint committee of Congress, or the General Accounting Office 
if the record pertains to any matter within their respective 
jurisdictions; 
"(3) Umiting access to the information in a record created 
and maintained outside a medical quality assurance program, 
including a patient's medical records, on the grounds that the 
information was presented during meetings of a review body 
that are part of a medical quality assurance program. 
"(h) Except as otherwise provided in this section, an individual 
who willfully discloses a medical quality assurance record knowing 
106 STAT. 5074 
PUBLIC LAW 102-587—NOV. 4, 1992 
that the record is a medical quality assurance record, is liable 
to the United States Government for a civil penalty of not more 
than $3,000 in the case of a first offense and not more than 
$20,000 in the case of a subsequent ofTense." 
(b) The analysis for chapter 17 of title 14, United States Code, 
is amended by adding after the item relating to section 644 tiie 
following new item: 
"645. Confidentiality of medical qiiality assurance records; qualified immunity for 
participants.". 
SEC. S204. TELEPHONE INSTALLATION AND CHARGES. 
(a) Title 14, United States Code, is amended by adding the 
following new section: 
**§ 669. Telephone installation and charges 
Regulations. 
**Under regulations prescribed by the Secretary, amounts appro-
priated to the Department of Transportation are available to install, 
repair, and maintain telephone wiring in residences owned or leased 
by the United States Government and, if necessary for national 
defense purposes in other private residences." 
(b) The analvsis for chapter 17 of title 14, United States Code, 
is amended by adding at the end the following new item: 
"669. Telephone Installation and Charges.". 
SEC. S205. SPECIAL PAY. 
(a) Section 306(a) of title 37, United States Code, is amended 
by striking *
*
o
f pay grade 0-3, 0-4, 0-6, or 0-6** and inserting 
"of pav grade O-^ or belov^, and by striking the chart and inserting 
the following new chart: 
"Pay Grade 
Monthly Rate 
0-6 
$150 
0-5 
100 
0-4 and below 
50". 
(b) Section 306(c) of title 37, United States Code, is amended 
by striking '^in pay grade 0-3,** and inserting "in each of the 
pay grades 0-3 and below,**. 
SEC. 5206. AMENDMENT OF INLAND NAVIGATIONAL RULES. 
Section 2 of the Inland Navigational Rules Act of 1980 (33 
U.S.C. 2001 et seq.) is amended by amending Rule 1(d) (33 U.S.C. 
2001(d)) to read as follows: 
"(d) Traffic separation schemes may be established for the 
purpose of these Rules. Vessel trafiic service regulations may be 
m efiect in certain areas.**; and 
(2) By amending Rule 10 (33 U.S.C. 2010) to read as 
follows: 
"RULE 10 
"Trafiic Separation Schemes 
"(a) This Rule applies to traffic separation schemes and does 
not relieve any vessel of her obligation under any other Rule. 
"(b) A vessel using a traffic separation scheme shall: 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5075 
"(i) proceed in the appropriate traffic lane in the general 
direction of traffic flow for that lane; 
"(ii) so far as practicable keep clear of a traffic separation 
line or separation zone; 
"(iii) normally join or leave a traffic lane at the termination 
of the lane, but when joining or leaving from either side shall 
do so at as small an angle to the general direction of traffic 
flow as practicable. 
"(c) A vessel shall, so far as practicable, avoid crossing traffic 
lanes but if obliged to do so shall cross on a heading as nearly 
as practicable at right angles to the general direction of traffic 
flow. 
"(dXi) A vessel shall not use an inshore traffic zone when 
she can safely use the appropriate traffic lane within the acyacent 
traffic separation scheme. However, vessels of less than twenty 
meters in length, sailing vessels, and vessels engaged in fishing 
may use the inshore traffic zone. 
"(ii) Notwithstanding subparagraph (dXi), a vessel may use 
an inshore traffic zone when en route to or from a port, offshore 
installation or structure, pilot station, or any other place situated 
within the inshore traffic zone, or to avoid immediate danger. 
"(e) A vessel other than a crossing vessel or a vessel joining 
or leaving a lane shall not normally enter a separation zone or 
cross a separation line except: 
"(i) in cases of emergency to avoid immediate danger; or 
''(ii) to engage in fishing within a separation zone. 
"(f) A vessel navigating in areas near the terminations of traffic 
separation schemes shall do so with particular caution. 
"(g) A vessel shall so far as practicable avoid anchoring in 
a traffic separation scheme or in areas near its terminations. 
"(h) A vessel not using a traffic separation scheme shall avoid 
it by as wide a margin as is practicable. 
"(i) A vessel engaged in fishing shall not impede the passage 
of any vessel following a traffic lane. 
(j) A vessel of less than twenty meters in length or a sailing 
vessel shall not impede the safe passage of a power-driven vessel 
following a traffic lane. 
"(k) A vessel restricted in her ability to maneuver when engaged 
in an operation for the maintenance of safety of navigation in 
a traffic separation scheme is exempted from complying with this 
Rule to the extent necessary to carry out the operation. 
"(1) A vessel restricted in her ability to maneuver when engaged 
in an operation for the laying, servicing, or picking up of a sub-
marine cable, within a traffic separation scheme, is exempted from 
complying with this Rule to the extent necessary to carry out 
the operation.". 
SEC. 5207. STATE MARITIME ACADEMY VESSEL INSPECTION FEE 
RELIEF. 
Section 2110 of title 46, United States Code, is amended by 
adding at the end the following: 
"(j) The Secretary may not establish or collect a fee or charge 
for the inspection imder part B of this subtitle of training vessels 
operated by state maritime academies.". 
SEC. 5208. INSPECTION OF GREAT LAKES BARGES. 
(a) Section 2101 of title 46, United States Code, is amended 
by inserting after paragraph (13) the following new paragraph: 
106 STAT. 5076 
PUBLIC LAW 102-587—NOV. 4, 1992 
"(13a) 'Great Lakes barge' means a non-self-propelled vessel 
of at least 3,500 gross tons operating on the Great Lakes." 
(b) Section 3301 of title 46, United States Code, is amended 
by adding at the end the following new paragraph: 
"(13) Great Lakes barges.". 
46 use 2101 
(c) For Great Lakes barges placed in operation after the date 
"°*®- 
of enactment of this Act, the amendments made by this section 
take effect on the date of enactment of this Act. 
46 use 2101 
(d)(1) For Great Lakes barges in operation on the date of 
" 
enactment of this Act, the amendments made by this section take 
effect one year aft«r the date of enactment of this Act. 
(2) The Secretary of Transportation may impose reasonable 
interim requirements to assure safe operation of the barges affected 
by paragraph (1). 
46 use 2101 
SEC. 5209. TANK VESSEL DEFINITION CLARIFICATION. 
(a) In this section, "offshore supply vessel", "fish tender vessel", 
"fishing vessel", and "tank vessel" have the meanings given those 
terms imder section 2101 of title 46, United States Code. 
(b) The following vessels are deemed not to be a tank vessel 
for the purposes of any law: 
(1) An offshore supply vessel. 
(2) A fishing or fish tender vessel of not more than 750 
gross tons that transfers without charge to a fishing vessel 
owned by the same person. 
(c)(1) This section does not affect the authority of the Secretary 
of Transportation imder chapter 33 of title 46, United States Code, 
to regulate the operation of the vessels listed in subsection (b) 
to ensure the safe carriage of oil and hazardous substances. 
(2) This section does not affect the requirement for fish tender 
vessels engaged in the Aleutian trade to comply with chapters 
33, 45, 51, 81, and 87 of title 46, United States Code, as provided 
in the Aleutian Trade Act of 1990 (Public Law 101-595). 
(d) Current regulations governing the vessels in subsection 
(b) remain in effect. 
SEC. 5210. AUTHORITY FOR THE COAST GUARD TO INSPECT AND 
WITHHOLD DOCUMENTS OF CERTAIN FOREIGN PAS-
SENGER VESSELS. 
(a) Section 3303(a) of title 46, United States Code, is amended 
in the first sentence— 
(1) by striking "only" immediately after "is subject"; and 
(2) by striking "the condition of the vessel's propulsion 
equipment and lifesaving equipment are" and inserting in lieu 
thereof "the condition of the vessel is". 
(b) Section 3505 of title 46, United States Code, is amended 
by striking "or domestic vessel of more than 100 gross tons having 
berth or stateroom accommodations for at least 50 passengers 
and insert "vessel". 
SEC. 5211. REIMBURSEMENT FOR OVERSEAS INSPECTIONS AND 
EXAMINATIONS. 
Section 3317(b) of title 46, United States Code, is amended— 
(1) by striking "chapter^ and inserting "part"; and 
(2) by inserting "or a foreign vessel immediately after 
"documented vessel'. 
PUBLIC LAW 102-587—NOV. 4,1992 
106 STAT. 5077 
SEC. S212. WATCHSTANDING ON CERTAIN VESSELS. 
Section 8104 of title 46, United States Code, is amended— 
(1) in subsection (g), by inserting "a vessel used only to 
respond to a discharge of oil or a hazardous substance," after 
"an offshore supply vessel,"; and 
(2) by redesignating the second subsection (n) as subsection 
(o). 
SEC. S21S. DENIAL AND REVOCATION OF ENDORSEMENTS. 
(a) Chapter 121 of title 46, United States Code, is amended— 
(1) in section 12103(a), by striking "On" and inserting 
"Except as provided in section 12123 of this title, on"; 
(2) by amending section 12110(c) to read as follows: 
"(c) A vessel and its equipment are liable to seizure by and 
forfeiture to the United States Government— 
"(1) when a vessel is operated after its endorsement has 
been denied or revoked under section 12123 of this title; 
"(2) when a vessel is employed in a trade without an 
appropriate trade endorsement; or 
"(3) when a documented vessel with a recreational endorse-
ment is operated other than for pleasure."; and 
(3) by adding the following new section: 
*
*
§ 12123. Denial and revocation of endorsements 
"When the owner of a vessel fails to pay a civil penalty assessed 
by the Secretary, the Secretary may deny the issuance or renewal 
of an endorsement or revoke the endorsement on a certificate of 
documentation issued under this chapter.". 
(b) The analysis for chapter 121 of title 46, United States 
Code, is amended by adding at the end the following: 
"12123. Denial and revocation of endorsements.". 
SEC. 5214. ACCEPTANCE OF EVIDENCE OF PAYMENT OF COAST 46 USC 2110 
GUARD FEES. 
note 
The Secretary of Transportation may not issue a citation for 
failure to pay a fee or charge established imder section 2110 of 
title 46, United States Code, to an owner or operator of a rec-
reational vessel who provides reasonable evidence of prior payment 
of the fee or charge to a Coast Guard boarding officer. 
SEC. 5215. SCHEDULE FOR OPERATION OF DRAWBRIDGE OF WOOD-
ROW WILSON MEMORIAL BRIDGE. 
(aXD The Secretary of the department in which the Coast 
Guard is operating (in this section referred to as the "Secretary") 
shall not operate the drawbridge of the Woodrow Wilson Memorial 
Bridge in the following periods for the passage of a commercial 
vessel: 
(A) Monday through Friday (except Federal holidays), 5:00 
a.m. to 10:00 a.m. and 2:00 p.m. to 8:00 p.m. 
(B) Saturday, Sunday, and Federal holidays, 2:00 p.m. to 
7:00p.m. 
(2) The Secretary need not operate the drawbridge of the Wood-
row Wilson Memorial Bridge for the passage of a commercial vessel 
imder paragraph (1) imless— 
(A) the owner or operator of the vessel provides the bridge 
tender with an estimate of the approximate time of that passage 
at least 12 hours in advance; ana 
106 STAT. 5078 
PUBLIC LAW 102-587—NOV. 4, 1992 
(B) the owner or operator of the vessel notifies the bridge 
tender at least 4 hours in advance of the requested time for 
that passage. 
(3) Not later than 180 days after the date of enactment of 
this Act, the Secretary shall issue an Advance Notice of Proposed 
Rulemaking to solicit comments on whether there are practical 
ways to encourage owners and operators of commercial vessels 
to m£ike every reasonable effort to notify the bridge tender of 
the time a vessel will pass the Woodrow Wilson Memorial Bridge 
by not later than 24 hours before that passage. 
(b)(1) The Secretary shall not operate the drawbridge of the 
Woodrow Wilson Memorial Bridge in the following periods for the 
passage of a recreational vessel: 
(A) Monday through Friday (except Federal holidays), 5:00 
a.m. to 12:00 midnight; 
(B) Saturday, Sunday, and Federal holidays, 7:00 a.m. to 
12:00 midnight, except as provided in paragraph (2). 
(2) Notwithstanding paragraph (IXB), the Secretary may oper-
ate the drawbridge of the Woodrow Wilson Memorial Bridge begin-
ning at 10:00 p.m. on Saturday, Sunday, or a Federal holiday 
for the passage of a recreational vessel, if the owner or operator 
of the vessel notifies the Secretary of the time of that passage 
by not later than 12 hours before that time. 
(3) This subsection shall not be construed to prohibit a rec-
reational vessel firom passing the Woodrow Wilson Memorial Bridge 
at any time at which the drawbridge is being operated for the 
passage of a commercial vessel. 
(c) The Secretary shall operate the drawbridge of the Woodrow 
Wilson Memorial Bridge on signal at anytime for a vessel in 
distress. 
Massachusetts. 
SEC. 5216. STATION BRANT POINT BOAT HOUSE. 
(aXl) The Secretary of Transportation shall convey to the town 
of Nantucket, Massachusetts, all right, title, and interest of the 
United States in and to the building known as the Station Brant 
Point Boat House located at Coast Guard Station Brant Point, 
Nantucket, Massachusetts. 
(2) A conveyance of the building under paragraph (1) shall 
be made— 
(A) without the payment of consideration; and 
(B) subject to appropriate terms and conditions the Sec-
retary considers necessary. 
(b)(1) The Secretary shall enter into a lease of not less than 
20 years permitting the town of Nantucket to occupy the property 
on which the Brant Point Boat House is located, subject to appro-
priate terms and conditions the Secretary considers necessary. 
(2) If the Secretary determines that the property leased under 
paragraph (1) is necessary for purposes of Coast Guard, the 
Secretary— 
(A) may terminate the lease without payment of compensa-
tion; and 
(B) shall provide the town of Nantucket with not less 
than 12 months notice of the requirement to vacate the site 
and move the Boat House to another location. 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5079 
SEC. 5217. STUDY OF THE APPUCATION OF TILTROTOR AIRCRAFT 
TECHNOLOGY TO COAST GUARD MISSIONS. 
(a) Not later than one year after the date of enactment of 
this Act, the Secretary of Transportation shall submit a study 
to Congress on the application of the V-22 Osprey tiltrotor tech-
nology to Coast Guard missions. 
(b) In conducting the study imder subsection (a), the Secretary 
shall— 
(1) evaluate the application of tiltrotor technology to Coast 
Guard missions includmg— 
(A) search and rescue at sea; and 
(B) the enforcement of laws of the United States espe-
cially with respect to drug interdiction; 
(2) determine whether use of the technology in the Coast 
Guard marine environmental protection program would mini-
mize the damage caused by oil or hazardous substances spills 
in the waters of the United States; and 
(3) determine what effect the technology would have on 
Coast Guard manpower and operating costs, compared to those 
costs associated with technology currently used by the Coast 
Guard. 
SEC. 5218. ENFORCEMENT AGREEMENTS. 
The Coast Guard and the Department of Commerce shall enter 
into a Memorandum of Agreement regarding fisheries enforcement 
practices and procedures that provide at a minimum for the oppor-
tunity, if timely requested, to appear in person to respond to charges 
of violation of law or regulation when the opportunity for a hearing 
is granted by statute. The Memorandum of Agreement shall also 
provide that all enforcement procedures shall be fair and consist-
ently applied. 
SEC. 5219. AUTHORIZING PAYMENTS TO CERTAIN SUBCONTRACTORS. 
(a) Not later than 6 months after the date of enactment of 
this Title, the Secretary of Transportation shall determine the 
amoimts that MZP, Incorporated, owes to all subcontractors that 
B
irformed ,work or supplied materials under Coast Guard contract 
TCG50-87-C-00096. 
(b) Investigations or interviews conducted to determine 
amounts owed imder subsection (a) shall be conducted in Ketchikan, 
Alaska. 
(c) not later than two months after making the determinations 
imder subsection (a), the Secretary is authorized to pay the sub-
contractors the amounts owed. 
SEC. 5220. SANKATY HEAD UGHT STATION. 
Massachusetts. 
(a)(1) The Secretary of Transportation shall convey to the Nan-
tucket Historical Association in Nantucket, Massachusetts, by an 
appropriate means of conveyance, all right, title, and interest of 
the United States in and to property comprising the Sankaty Head 
Light Station. 
(2) The Secretary may identify, describe, and determine the 
property to be conveyed pursuant to this section. 
(b)(1) A conveyance of property pursuant to this section shall 
be made— 
(A) without the payment of consideration; 
(B) subiect to the condition that all or part of the property 
may be sold and the money from the sale used for the purpose 
106 STAT. 5080 
PUBLIC LAW 102-587—NOV. 4, 1992 
of moving the Seuikaty Head Lighthouse to a location at which 
the Lighthouse can be maintained and preserved and for its 
maintenance and preservation in accordance with paragraph 
(2); and 
(C) subject to such other terms and conditions as the Sec-
\ 
retary may consider appropriate. 
(2) In addition to any term or condition established pursuant 
to paragraph (1), any conveyance of property pursuant to this 
section shall be subject to the condition that all right, title, and 
interest in the Sankaty Head Lighthouse shall immediately revert 
to the United States if the Lighthouse ceases to be maintained 
as a nonprofit center for public benefit for the interpretation and 
preservation of the material culture of the United States Coast 
Guard and the maritime history of Nantucket, Massachusetts. 
(3) Any conveyance of property pursuant to this section shall 
be subject to such conditions as the Secretary considers to be 
necessary to assure that— 
(A) the light, antennas, sound signal, and associated light-
house equipment located on the property conveyed, which are 
active aids to navigation, shall continue to be operated and 
maintained by the United States for as long as they are needed 
for this purpose; 
(B) the Nantucket Historical Association may not interfere 
or allow interference in any manner with such aids to naviga-
tion without express written permission from the United States; 
(C) there is reserved to the United States the right to 
replace, or add any aids to navigation, or make any changes 
to the Sankaty Head Lighthouse as may be necessary for 
navigation purposes; 
(D) the United States shall have the right, at any time, 
to enter the property conveyed, or the property to which the 
Sankaty Head Lighthouse is relocated, without notice for the 
purpose of maintaining navigation aids; and 
(E) the United States shall have an easement of access 
to such property for the purpose of maintaining the navigational 
aids in use on the property. 
(4) The Nantucket Historical Association shall not have any 
obligation to maintain any active aid to navigation equipment on 
property conveyed pursuant to this section or on property to which 
the Sankaty Head Lighthouse may be relocated. 
(c) The Nantucket Historical Association shall maintain the 
Sankaty Head Lighthouse in accordance with the provisions of 
the Nationsd Historic Preservation Act (16 U.S.C. 470 et seq.) 
and other applicable laws. 
(d) For purposes of this section; 
(1) "Scuikaty Head Light Station" means the Coast Guard 
lighthouse located on the eastern shore of Nantucket Island, 
Massachusetts, including the keeper's dwelling, adjacent Coast 
Guard rights of way, and such land as may be necessary to 
enable the Nantucket Historical Association to use the proceeds 
from the sale of the land for the relocation, maintenance and 
preservation of the Sankaty Head Lighthouse; and 
(2) "Sankaty Head Lighthouse" means the Coast Guard 
lighthouse located at the Sankaty Head Light Station. 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5081 
SEC. 5221. STUDY OF BUOY CHAIN PROCUREMENT PRACTICES. 
(a) Not later than six months after the date of enactment 
of this Title, the Secretary of Transportation shall submit a study 
to Congress on acquisition of Coast Guard buoy chain. 
(b) In conducting the study under subsection (a), the Secretary 
shall consider— 
(1) the ability of United States buoy chain manufacturers 
to successfully compete for United States Government contracts 
to provide buoy chain to the Coast Guard; and 
(2) the effect on the national security of United States 
dependence on foreign sources for acquisition of buoy chain. 
SEC. 5222. CORRECTION REGARDING CERTAIN EXEMPTIONS. 
Section 4506 of title 46, United States Code, is amended by 
striking "4502(bX2r and inserting "4502(bX2XBr. 
SEC. 5223. CONTRACT FOR CERTAIN SERVICES AT COAST GUARD SUP-
PORT CENTER IN KODIAK, ALASKA. 
Notwithstanding an^ other law, the Coast Guard is authorized, 
pursuant to the provisions of applicable acquisition regulations, 
to enter into a negotiated contract with PTI, at a fair and reasonable 
price that reflects a fair allocation of costs between Alaska rate-
E
ayers and the Coast Guard, to provide Digitrex central-office-
ased business services to the Coast Guard Support Center in 
Kodiak, Alaska, at Building 576. The Coast Guard shall pay only 
for service and service enhancements received or to be received 
by the United States at the Coast Guard Support Center, Kodiak, 
Alaska. The termination Uability of such contract shall be nego-
tiated, but shall not exceed $842,047. 
Subtitle C—^Abandoned Barges 
Abandoned 
Barge Act of 
SEC. 5301. SHORT TITLE. 
46^USC 4701 
This subtitle may be cited as the "Abandoned Barge Act of note. 
1992". 
SEC. 5302. ABANDONMENT OF RARGES. 
Part B of subtitle II of title 46, United States Code, is amended 
by adding at the end the following new chapter: 
''CHAPTER 47—ABANDONMENT OF BARGES 
"Sec. 
"4701. Definitions. 
"4702. Abandonment of barge prohibited. 
"4703. Penalty for unlawful abandonment of barge. 
"4704. Removal of abandoned barges. 
"4705. Liability of barge removal contractors. 
''§4701. Definitions 
"In this chapter— 
"(1) 'abandon' means to moor, strand, wreck, sink, or leave 
a barge of more than 100 gross tons unattended for longer 
than forty-five days. 
"(2) l^arge removal contractor* means a person that enters 
into a contract with the United States to remove an abandoned 
barge under this chapter. 
"(3) 'navigable waters of the United States' means waters 
of the United States, including the territorial sea. 
106 STAT. 5082 
PUBLIC LAW 102-587—NOV. 4, 1992 
"(4) 'removal' or *remove* means relocation, sale, scrapping, 
or other method of disposal. 
*
*
§ 4702. Abandonment of barge prohibited 
"(a) An owner or operator of a barge may not abandon it 
on the navigable waters of the United States. A barge is deemed 
not to be abemdoned if— 
"(1) it is located at a Federally- or State-approved mooring 
area; 
"(2) it is on private property with the permission of the 
owner of the property; or 
"(3) the owner or operator notifies the Secretary that the 
barge is not abandoned and the location of the barge." 
*
*
§ 4703. Penalty for unlawful abandonment of barge 
Thirty days £ifter the notification procedures under section 
4704(aXl) are completed, the Secretary may assess a civil penalty 
of not more than $1,000 for each day of the violation against 
an owner or operator that violates section 4702. A vessel with 
respect to which a penalty is assessed under this chapter is liable 
in rem for the penalty. 
*
*
§ 4704. Removal of abandoned barges 
"(a)(1) The Secretary may remove a barge that is abandoned 
after compljdng with the following procedures: 
"(A) If the identity of the owner or operator can be deter-
mined, the Secretary shall notify the owner or operator by 
certified mail— 
"(i) that if the barge is not removed it will be removed 
at the owner's or operator's expense; and 
"(ii) of the penalty imder section 4703. 
"(B) If the identity of the owner or operator cannot be 
determined, the Secretary shall publish an announcement in— 
"(i) a notice to mariners; and 
"(ii) an official journal of the county in which the 
barge is located 
that if the barge is not removed it will be removed at the 
owner's or operator's expense. 
"(2) The United States, and any officer or employee of the 
United States is not liable to an owner or operator for damages 
^ 
resulting from removal of an abandoned barge under this chapter. 
"(b) The owner or operator of an abandoned barge is liable, 
and an abandoned barge is liable in rem, for all expenses that 
the United States incurs in removing an abandoned barge under 
this chapter. 
"(c)(1) The Secretary may, after providing notice under sub-
section (aXD, solicit by public advertisement sealed bids for the 
removal of an abandoned barge. 
"(2) After solicitation imder paragraph (1) the Secretary may 
award a contract. The contract— 
"(A) may be subject to the condition that the barge 
and all property on the barge is the property of the barge 
removal contractor; and 
"(B) must require the barge removal contractor to sub-
mit to the Secretary a plan for the removal. 
"(3) Removal of an abandoned barge may begin thirty days 
after the Secretary completes the procedures under subsection (aXl). 
PUBLIC LAW 102-587—NOV. 4,1992 
106 STAT. 5083 
^§4705. Liability of barge removal contractors 
"(aXD A barge removal contractor and its subcontractor not 
liable for damages that result from actions taken or omitted to 
be taken in the course of removing a barge under this chapter. 
"(2) Paragraph (1) does not apply— 
"(A) with respect to personal injury or wrongful death; 
or 
"(B) if the contractor or subcontractor is grossly negligent 
or engages in willful misconduct.". 
SEC. 6303. APPUCATION TO CERTAIN BARGES. 
46 USC 4701 
Chapter 47 of title 46, United States Code, as added by sub-
section (a), does not apply to a barge abandoned before June 11, 
1992, if the barge was removed before the date that is 1 year 
£Lfter the date of enactment of this title. 
SEC. 5304. CLERICAL AMENDMENT. 
The analysis of subtitle II at the beginning of title 46, United 
States Code, is amended by inserting after the item relating to 
chapter 45 the following: 
"47. Abandonment of barges 
4701". 
SEC. 6306. NUMBERING OF BARGES. 
Section 12301 of title 46, United States Code, is amended— 
(1) by inserting "(a)" before "An undocumented vessel"; 
and 
(2) by adding at the end the following: 
"(b) The Secretary shall require an undocumented barge more 
than 100 gross tons operating on the navigable waters of the United 
States to be numbered.". 
Subtitle D—^Honoring the Coast Guard Women's Reserve 
SEC. 6401. FINDINGS. 
The Congress finds the following: 
(1) The Congress passed legislation 50 years ago establish-
ing the Coast Guard Women's Reserve. 
(2) The Congress recognized both women's right to partici-
pate in the total war effort and the military's pressing need 
for women during World War II. 
(3) The Congress responded to women's commitment and 
dedication by creating the Coast Guard Women's Reserve as 
a sister service to the WACS, and the Women Marines. 
(4) The first director of the Coast Guard Women's Reserve, Dorothy C. 
Captain Dorothy C. Stratton, named the Coast Guard Women's Stratton. 
Reserve SPAR, an acronjrm derived from the Latin and English 
translations of the Coast Guard motto. Semper Paratus Always 
Ready. 
(5) The first director recruited the best and brightest 
women from industry, educational institutions, and homes. 
(6) SPARS' high level of education and experience greatly 
reduced the need for further training and SPARS only needed 
to be taught military structure and Coast Guard missions and 
traditions. 
(7) SPARS made history by being the first women trained 
at a service academy. 
106 STAT. 5084 
PUBLIC LAW 102-587—NOV. 4, 1992 
(8) SPARS performed admirably as executive officers, divi-
sion heads, officers of the day, watch officers, and courts martial 
members. 
(9) SPARS served our Nation as boatswain mates, cox-
swains, gunners mates, carpenters, and machinists mates. 
(10) SPARS served with distinction in highly specialized 
jobs during the Korean War and the Vietnam Conflict. 
(11) A group of Coast Guard Women's Reserve remained 
on active duty during the 1950's and 1960's, primarily at Coast 
Guard headquarters. 
(12) In 1950, women were integrated into the Organized 
Reserve Training Program. 
(13) In every phase of Coast Guard history, women have 
served our Nation with dedication, honor, and sacrifice. 
SEC. 5402. DESIGNATION OF SPAR ANNIVERSARY WEEK. 
November 17 through November 23, 1992, is designated as 
"SPAR Anniversary Week". The President is authorized and 
requested to issue a proclamation calling on the people of the 
United States to observe the week with appropriate programs, 
ceremonies, and activities. 
Subtitle E—^Merchant Marine Provisions 
SEC. 5501. COASTWISE LAWS. 
(aXD Section 1 of the Act of May 28, 1906 (46 App. U.S.C. 
292) is amended to read as follows: 
'SECTION 1. VESSELS THAT MAY ENGAGE IN DREDGING. 
"(a) IN GENERAL.—^Except as provided in subsection (b), a vessel 
may engage in dredging in the navigable waters of the United 
States only if— 
"(1) the vessel meets the requirements of section 27 of 
the Merch£uit Marines Act, 1920 and section 2 of the Shipping 
Act, 1916 for engaging in the coastwise trade; 
"(2) when chartered, the charterer of the vessel is a citizen 
of the United States imder section 2 of the Shipping Act, 
1916 for engaging in the coastwise trade; and 
"(3) for a vessel that is at least 5 net tons, the vessel 
is documented under chapter 121 of title 46, United States 
Code, with a coastwise endorsement. 
"(b) EXCEPTION.—^A documented vessel with a registry endorse-
ment mayengage in the dredging of gold in Alaska. 
"(c) PENALTY.—^When a vessel is operated in knowing violation 
of this section, that vessel and its equipment are liable to seizure 
by and forfeiture to the United States Government.". 
46 use app. 292 
(2) The amendment made by paragraph (1) does not apply 
note. 
to-^ 
(AXi) the vessel STUYVESANT, official number 648540; 
(ii) any other hopper dredging vessel documented imder 
chapter 121 of title 46, United States Code before the effective 
date of this Act and chartered to Stuyvesant Dredging Compcuiy 
or to £ui entity in which it has an ownership interest; however, 
this exception expires on December 3, 2022 or when the vessel 
STUYVESANT ceases to be documented under chapter 121, 
whichever first occurs; and 
(iii) any other non-hopper dredging vessel documented 
under chapter 121 and chartered to Stuyvesant Dredging Com-
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5085 
pany or to an entity in which it has an ownership interest, 
as is necessary (a) to fulfill dredging obligations under a specific 
contract, including any extension periods; or (b) as temporary 
replacement capacity for a vessel which has become disabled 
but onl^ for so long as the disability shall last and until the 
vessel IS in a position to fully resume dredging operations; 
however, this exception expires on December 8, 2022 or when 
the vessel STUYVESANT ceases to be documented imder chap-
ter 121, whichever first occurs; 
(B) the vessel COLUMBUS, official number 590658, except 
that the vessel's certificate of documentation shall be endorsed 
to prohibit the vessel from engaging in the transportation of 
merchandise (except valueless material), including dredge mate-
rial of value, between places within the navigable waters of 
the United States; 
(C) a vessel that is engaged in dredged material excavation 
if that excavation is not more than a minority of the total 
cost of the construction contract in which the excavation is 
a single, integral part, and the vessel is— 
(i) built in the United States; 
(ii) a non-self-propelled mechanical clamshell dredging 
vessel; and 
(iii) owned or chartered by a corporation that had 
on file with the Secretary of Transportation, on August 
1, 1989, the certificate specified in section 27A of the Mer-
chant Marine Act, 1920 (46 App. U.S.C. 883-1); or 
(D) any other documented vessel engaged in dredging and 
time chartered to an entity that, on August 1, 1989, was, 
and has continuously remained, the parent of a corporation 
that had on file with the Secretary of Transportation on August 
1, 1989, a certificate specified in section 27A of the Merchant 
Marine Act, 1920 (46 App. U.S.C. 883-1) if the vessel is— 
(i) not engaged in a federally funded navigation dredg-
ing project; and 
(ii) engaged only in dredging associated with, and 
integral to, accomplishment of that parent's regular busi-
ness requirements. 
(b) Section 27 of the Merchant Marine Act, 1920 (46 App. 
U.S.C. 883) is amended by striking "merchandise" the first place 
it appears and inserting "merchandise, including merchandise 
owned by the United States Oovemment, a State (as defined in 
section 2101 of the title 46, United States Code), or a subdivision 
of a State,". 
(c) The Act of June 7, 1988 (Public Law 100-329; 102 Stat. 46 use app. 883 
588), including the amendments made by that Act, does not apply "°^^-
to a vessel— 
(1) engaged in the transportation of valueless material 
or valueless dredged material; and 
(2) owned or chartered by a corporation that had on file 
with the Secretary of Transportation on August 1, 1989, the 
certificate specified in section 27A of the Merchant Marine 
Act, 1920 (46 App. U.S.C. 883-1). 
SEC. 5502. TREATMENT OF CERTAIN SEIZED FISHING VESSELS UNDER 
FISHERMEN'S PROTECTIVE ACT OF 1967. 
(a) Notwithstanding another law, each of the vessels described 
in subsection (b) of this section is deemed to have been covered 
106 STAT. 5086 
PUBLIC LAW 102-587—NOV. 4, 1992 
by an agreement, beginning August 13, 1992, and ending September 
29, 1992, with the Secretary of State under section 7 of the Fisher-
men's Protective Act of 1967 (22 U.S.C. 1977). 
(b) The vessels referred to in subsection (a) are the following: 
(1) THE KANAOLA (United States official number 923848). 
(2) THE MANA LOA (United States official 
number 
919649). 
(3) THE MANA OLA (United States official 
number 
902605). 
(4) THE MANA IKI (United States official number 906800). 
^lT^r.y^^^ ^^* 
Subtitle F—Clean Vessels 
of 1992. 
gSlernmental 
SEC. 5601. SHORT TITLE. 
33^US^1322 
"^^^ subtitle may be cited as the "Clean Vessel Act of 1992". 
note. 
SEC. 5602. FINDINGS; PURPOSE. 
(a) FINDINGS.—The Congress finds the following: 
(1) The discharge of untreated sewage by vessels is prohib-
ited under Federal law in all areas within the navigable waters 
of the United States. 
(2) The discharge of treated sewage by vessels is prohibited 
under either Federal or State law in many of the United States 
bodies of water where recreational boaters operate. 
(3) There is currently an inadequate number of pumpout 
stations for type III marine sanitation devices where rec-
reational vessels normally operate. 
(4) Sewage discharged by recreational vessels because of 
an inadequate niunber of pumpout stations is a substantial 
contributor to localized degradation of water quality in the 
United States. 
(b) PURPOSE.—^The purpose of this subtitle is to provide funds 
to States for the construction, renovation, operation, and mainte-
nance of pumpout stations and waste reception facilities. 
SEC. 5603. DETERMINATION AND PLAN REGARDING STATE MARINE 
SANITATION DEVICE PUMPOUT STATION NEEDS. 
(a) SURVEY.—^Within 3 months after the notification under sec-
tion 5605(b), each coastal State shall conduct a survey to 
determine— 
(1) the number and location of all operational pumpout 
stations and waste reception facilities at public ana private 
marinas, mooring areas, docks, and other boating access facili-
ties within the coastal zone of the State; and 
(2) the number of recreational vessels in the coastal waters 
of the State with type III marine sanitation devices or portable 
toilets, and the areas of those coastal waters where those ves-
sels congregate. 
(b) PLAN.—^Within 6 months after the notification under section 
5605(b), and based on the survey conducted under subsection (a), 
each coastal State shall— 
(1) develop and submit to the Secretary of the Interior 
a plan for any construction or renovation of pumpout stations 
and waste reception facilities that are necessary to ensure 
that, based on the guidance issued under section 5605(a), there 
are pumpout stations and waste reception facilities in the State 
that are adequate and reasonably available to meet the needs 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5087 
of recreational vessels using the coastal waters of the State; 
and 
(2) submit to the Secretary of the Interior with that plan 
a list of all stations and facilities in the coastal zone of the 
State which are operational on the date of submittal. 
(c) PLAN APPROVAL.— 
(1) IN GENERAL.—^Not later than 60 days after a plan is 
submitted by a State under subsection (b), the Secretary of 
the Interior shall approve or disapprove the plan, based on— 
(A) the adequacy of the survey conducted by the State 
under subsection (a); and 
(B) the ability of the plan, based on the guidance 
issued imder section 5605(a), to meet the construction and 
renovation needs of the recreational vessels identified in 
the survey. 
(2) NOTIFICATION OF STATE; MODIFICATION.—The Secretary 
of the Interior shall promptly notify the afiTected Governor 
of the approval or disapproval of a plan. If a plan is disapproved, 
the Secretary of the Interior shall recommend necessary modi-
fications and return the plan to the affected Grovemor. 
(3) RESUBMITTAL.—^Not later than 60 days after receiving 
a plem returned by the Secretary of the Interior, the Grovemor 
shall make the appropriate changes and resubmit the plan. 
(d) 
INDICATION OF STATIONS AND FACILITIES ON NOAA 
CHARTS.— 
(1) IN GENERAL.—^The Under Secretary of Commerce for 
Oceans and Atmosphere shall indicate, on charts published 
by the National Oceanic and Atmospheric Administration for 
the use of operators of recreational vessels, the locations of 
pumpout stations and waste reception facilities. 
(2) NOTIFICATION OF NOAA.— 
(A) LISTS OF STATIONS AND FACILITIES.—The Secretary 
of the Interior shall transmit to the Under Secretary of 
Commerce for Oceans and Atmosphere each list of oper-
ational stations and facilities submitted by a State under 
subsection (bX2), by not later than 30 days after the date 
of receipt of that list. 
(B) COMPLETION OF PROJECT.—The Director of the 
United States Fish and Wildlife Service shall notify the 
Under Secretary of the location of each station or facility 
at which a construction or renovation project is completed 
by a State with amoimts made available under the Act 
of Aujgust 9, 1950 (16 U.S.C. 777a et seq.), as amended 
by this subtitle, by not later than 30 days after the date 
of notification by a State of the completion of the project. 
SEC. 5604. FUNDING. 
(a) TRANSFER.—Section 4 of the Act of August 9, 1950 (16 
U.S.C. 777c), is amended— 
(1) by striking "So much, not to exceed 6 per centum," 
and all that follows through ''shall apportion the remainder 
of the appropriation for each fiscal year among the several 
States" and inserting the following: 
**(a) The Secretary of the Interior shall distribute 18 per centum 
of each annual appropriation made in accordance with the provi-
sions of section 3 of this Act as provided in the Coastal Wetlands 
Planning, Protection, and Restoration Act (title III, Public Law 
106 STAT. 5088 
PUBLIC LAW 102-587—NOV. 4, 1992 
101-646). Notwithstanding the provisions of section 3 of this Act, 
such sums shall remain available to carry out such Act through 
fiscal year 1999. 
''(b) Of the balance of each such annual appropriation remaining 
after making the distribution under subsection (a), an amount equal 
to $10,000,000 for fiscal year 1993, $15,000,000 for each of fiscal 
years 1994 and 1995, and $20,000,000 for each of fiscal years 
1996, and 1997 shall be used as follows: 
"(1) one-half shall be transferred to the Secretary of 
Transportation and be expended for State recreational boating 
safety programs under section 13106(a)(1) of title 46, United 
States Code; and 
"(2) one-half of amounts made available under this sub-
section in a fiscal year shall be available for two years for 
obligation under section 5604(c) of the Clean Vessel Act of 
1992. The Secretary of the Interior may make grants for quali-
fied projects in an amount up to the amount available under 
this paragraph. Amounts unobligated by the Secretary of the 
Interior after two years shall be transferred to the Secretary 
of Transportation and be expended for State recreational boat-
ing safety programs under section 13106(a)(1) of title 46, United 
States Code. 
In fiscal year 1998, an amount equal to $20,000,000 of the balance 
remaining afi;er the distribution under subsection (a) shall be trans-
ferred to the Secretary of Transportation and be expended for 
State recreational boating safety programs under section 13106(aXl) 
of title 46, United States Code. 
"(c) Of the balance of each such annual appropriation remaining 
afi^r the distribution and use under subsections (a) and (b), respec-
tively, so much, not to exceed 6 per centum of such balance, as 
the Secretary of the Interior may estimate to be necessary for 
his or her expenses in the conduct of necessary investigations, 
administration, and the execution of this Act and for aiding in 
the formulation, adoption, or administration of any compact between 
two or more States tor the conservation and management of migra-
tory fishes in marine or freshwaters, shall be deducted for that 
purpose, and such sum is authorized to be made available until 
the expiration of the next succeeding fiscal year. 
"(d) The Secretary of the Interior, aft,er the distribution, trans-
fer, use, and deduction under subsections (a), (b), and (c), respec-
tively, shall apportion the remainder of each such annual appropria-
tion among the several States"; and 
"(2) by inserting "(e)" before "So much of any sum" and 
redesignatmg the last 2 sentences of that section as subsection 
(e). 
(b) ACCESS INCREASE.—Section 8 of the Act of August 9, 
1950 
(16 U.S.C. 777g), is amended— 
(1) in subsection (bXl) by: 
(A) striking "10 per centum" and inserting "12V2 per 
centum"; and 
(B) inserting afl;er the first sentence the following: 
"Notwithstanding this provision. States within a United 
States Fish and Wildlife Service Administrative Region 
may allocate more or less than 12 
y2 per centum in a 
fiscal year, provided that the total regional allocation aver-
ages 12 V2 per centum over a 5 year period."; 
(2) in subsection (bX2) by: 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5089 
(A) striking "fiscal year" after "succeeding" the first 
time it appears and inserting "four fiscal years"; and 
(B) striking "succeeding fiscal year" the second time 
it appears and inserting "period"; 
(3) in subsection (c) by inserting "and outreach" in the 
first sentence aft«r "education"; and 
(4) by adding at the end the following new subsection: 
"(d) PuMPOUT STATIONS AND WASTE RECEPTION FACILITIES.— 
Amounts apportioned to States under section 4 of this Act may 
be used to pay not more than 75 percent of the costs of constructing, 
renovating, operating, or maintaining pumpout stations and waste 
reception facilities (as those terms are defined in the Clean Vessel 
Act of 1992).". 
(c) GRANT PROGRAM.— 
(1) MATCHING GRANTS.—^The Secretary of the Interior may 
obligate an amount not to exceed the amount made available 
under section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C. 
777c(bX2), as amended by this Act), to make grants to— 
(A) coastal States to pay not more than 75 percent 
of the cost to a coastal State of— 
(i) conducting a survey under section 5603(a); 
(ii) developing and submitting a plan and accom-
panying list under section 5603(b); 
(iii) constructing and renovating pumpout stations 
and waste reception facilities; and 
(iv) conducting a program to educate recreational 
boaters about the problem of human body waste dis-
charges from vessels and inform them of the location 
of pumpout stations and waste reception facilities. 
(B) inland States, which can demonstrate to the Sec-
retary of the Interior that there are an inadequate number 
of pumpout stations and waste reception facilities to meet 
the needs of recreational vessels in the waters of that 
State, to pay 75 percent of the cost to that State of— 
(i) constructing and renovating pumpout stations 
and waste reception facilities in the inland State; and 
(ii) conducting a program to educate recreational 
boaters about the problem of human body waste dis-
charges from vessels and inform them of the location 
of pumpout stations and waste reception facilities. 
(2) PRIORITY.—In awarding grants under this subsection, 
the Secretary of the Interior shall give priority consideration 
to grant applications that— 
(A) in coastal States, propose constructing and renovat-
ing pumpout stations and waste reception facilities in 
accordance with a coastal State's plan approved under sec-
tion 5603(c); 
(B) provide for public/private partnership efibrts to 
develop and operate pumpout stations and waste receptions 
facilities; and 
(C) propose innovative ways to increase the availability 
and use of pumpout stations and waste reception facilities. 
(d) DISCLAIMER.—Nothing in this subtitle shall be interpreted 
to preclude a State from carrying out the provisions of this subtitle 
with funds other than those described in this section. 
106 STAT. 5090 
PUBLIC LAW 102-587—NOV. 4, 1992 
SEC. 560S. GUTOANCE AND NOTIFICATION. 
(a) ISSUANCE OF GUIDANCE.—Not later than 3 months after 
the date of the enactment of this subtitle, the Secretary of the 
Interior shall, sifter consulting with the Administrator of the 
Environmental Protection Agency, the Under Secretary of Com-
merce for Oceans and Atmosphere, and the Commandant of the 
Coast Guard, issue for public comment pumpout station and waste 
reception facility guidance. The Secretary of the Interior shall final-
ize the guidance not later than 6 months aft«r the date of enactment 
of this subtitle. The guidance shall include— 
(1) guidance regarding the types of pumpout stations and 
waste reception facilities that may be appropriate for construc-
tion, renovation, operation, or maintenance with amounts avail-
able under the Act of August 9, 1950 (16 U.S.C. 777a et seq.), 
as amended by this subtitle, and appropriate location of the 
stations and facilities within a marina or boatyard; 
(2) guidance defining what constitutes adequate and 
reasonably available pumpout stations and waste reception 
facilities in boating areas; 
(3) guidance on appropriate methods for disposal of vessel 
sewage from pumpout stations and waste reception facilities; 
(4) guidance on appropriate connector fittings to facilitate 
the sanitary and expeditious discharge of sewage from vessels; 
(5) guidance on the waters most likely to be affected by 
the discharge of sewage from vessels; and 
(6) other information that is considered necessary to pro-
mote the establishment of pumpout facilities to reduce sewage 
discharges from vessels and to protect United States waters. 
(b) NOTIFICATION.—Not later than one month after the guidance 
issued under subsection (a) is finalized, the Secretary of the Interior 
shall provide notification in writing to the fish and wildlife, water 
gDilution control, and coastal zone management authorities of each 
tate, o
f
— 
(1) the availability of amounts under the Act of August 
9, 1950 (16 U.S.C. 777a et seq.) to implement the Clean Vessel 
Act of 1992; and 
(2) the guidance developed imder subsection (a). 
SEC. 5606. EFFECT ON STATE FUNDING EUGIBIUTY. 
This subtitle shall not be construed or applied to jeopardize 
/
^ 
any funds available to a coastal State under the Act of August 
9, 1950 (16 U.S.C. 777a et seq.), if the coastal State is, in good 
faith, pursuing a survey and plan designed to meet the purposes 
of this subtitle. 
SEC. 5607. APPUCABILITY. 
The requirements of section 5603 shall not apply to a coastal 
State if within six months after the date of enactment of this 
subtitle the Secretary of the Interior certifies that— 
(1) the State has developed and is implementing a plan 
that will ensure that there will be pumpout stations and waste 
reception facilities adequate to meet the needs of recreational 
vessels in the coastal waters of the State; or 
(2) existing pumpout stations and waste reception facilities 
in the coastal waters of the State are adequate to meet those 
needs. 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5091 
SEC. 5608. DEFINITIONS. 
For the purposes of this subtitle the term: 
(1) '^coastal State"— 
(A) means a State of the United States in, or bordering 
on the Atlantic, Pacific, or Arctic Ocean; the Gulf of Mexico; 
Long Island Sound; or one or more of the Great Lakes; 
(B) includes Puerto Rico, the Virgin Islands, Guam, 
the Commonwealth of the Northern Mariana Islands, and 
American Samoa; and 
(C) does not include a State for which the ratio of 
the number of recreational vessels in the State numbered 
under chapter 123 of title 46, United States Code, to num-
ber of miles of shoreline (as that term is defined in section 
926.2(d) of title 15, Code of Federal Regulations, as in 
effect on January 1,1991), is less than one. 
(2) "coastal waters" means— 
(A) in the Great Lakes area, the waters within the 
territorial jurisdiction of the United States consisting of 
the 
Great 
Lakes, their 
connecting waters, 
harbors, 
roadsteads, and estuary-type areas such as bays, shallows, 
and marshes; and 
(B) in other areas, those waters, adjacent to the shore-
lines, which contain a measurable percentage of sea water, 
including sounds, bay, lagoons, bayous, ponds, and estu-
aries. 
(3) "coastal zone" has the same meaning that term has 
in section 304(1) of the Coastal Zone Management Act of 1972 
(16 U.S.C. 1453(1)); 
(4) "inland State" means a State which is not a coastal 
state; 
(5) "type III marine sanitation device" means any equip-
ment for installation on board a vessel which is specifically 
designed to receive, retain, and discharge human body wastes; 
(6) "pumpout station" means a facility that pumps or 
receives human body wastes out of type III marine sanitation 
devices installed on board vessels; 
(7) "recreational vessel" means a vessel— 
(A) manufactured for operation, or operated, primarily 
for pleasure; or 
(B) leased, rented, or chartered to another for the 
latter's pleasure; and 
(8) "waste reception facilit)^" means a facility specifically 
designed to receive wastes from portable toilets carried on 
vessels, and does not include lavatories. 
TITLE VI—DOCUMENTATION OF VESSELS 
Subtitle A—^Waivers 
SEC. 6101. GENERAL WAIVERS. 
Notwithstanding sections 12106, 12107, and 12108 of title 46, 
United States Code, and section 27 of the Merchant Marine Act, 
1920 (46 App. U.S.C. 883), the Secretary of Transportation may 
issue a certificate of documentation for the following vessels: 
(1) A WEIGH OF LIFE (United States official number 
973177). 
(2) Barge MM 262 (United States official number 298924). 
106 STAT. 5092 
PUBLIC LAW 102-587—NOV. 4, 1992 
(3) BAY LADY (United States official number 944634). 
(4) BLACK MAGIC (United States official number 617553). 
(5) BLITHE SPIRIT (United States official number 584730). 
(6) BLUEJACKET (United States official number 973459). 
(7) BROWN BEAR (United States official number 980667). 
(8) CAMINANTE (United States official number 953255). 
(9) DELPHINUS II (United States official number 958902). 
(10) EAGLE (United States official number 645820). 
(11) EL BONGO (hull identification number C-200146; 
New York State registration number 1104FE). 
(12) FIFTY-FIFTY (United States official number 272866). 
(13) FOUR B'S (United States official number 915062). 
(14) HAZANA (State of Hawaii registration number 
HA9219D). 
(15) HIGH CALIBRE (United States official number 
587630). 
(16) JUBILEE (United States official number 582812). 
(17) LIQUID GOLD (United States official number 618121). 
(18) MARIPOSA (United States official number 982102). 
(19) MISS JOAN (State of Ohio registration number 
3250 XK). 
(20) NORTH ATLANTIC (United States official number 
695377). 
(21) POTOMAC QUEEN (District of Columbia registration 
number DC7239B). 
(22) REDDY JANE (United States official number 928388). 
(23) SEA HORSE (United States official number 516343). 
(24) SHORELINE XV (United States official number 
644839). 
(25) SLALOM (Florida registration number FL1590HD). 
(26) SOUTHERN YANKEE (United States official number 
976653). 
(27) THE DAY DREAM (United States official number 
644805). 
(28) TOUCH OF CLASS (State of Hawaii registration num-
ber HA8762E). 
(29) WILD GOOSE (State of California registration number 
CF6431FW). 
SEC. 6102. WAIVER FOR OIL SPILL ACTIVITIES. 
Notwithstanding sections 12106 and 12108 of title 46, United 
States Code, and section 27 of the Merchant Marine Act, 1920 
(46 App. U.S.C. 883), the Secretary of Transportation may issue 
a certificate of documentation for the vessel U.S.M.V. DELIVERER 
(United States official number 661235) with usage of the vessel 
under sections 12106 and 12108 of title 46, United States Code, 
limited to oil spill cleanup and support activities. 
SEC. 6103. LIMITED WAIVER. 
Notwithstanding section 27 of the Merchant Marine Act, 1920 
(46 App. U.S.C. 883), the Secretary of Transportation may issue 
a certificate of documentation for the vessel TESORO (official num-
ber 696047). 
SEC. 6104. LIMITED WAIVER FOR YUPIK STAR. 
Notwithstanding section 12106 of title 46, United States Code, 
and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 
883), as applicable on the date of the enactment of this Act, the 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5093 
Secretary of Transportation may issue a certificate of documentation 
for the fish processing vessel YUPIK STAR (United States official 
number 900823). 
SEC. 6106. SALE OF VESSELS. 
(a) SALE AUTHORIZED.—^Notwithstanding any other law or any 
agreement with the United States Government, the vessels 
described in subsection (b) may be sold to a person that is not 
a citizen of the United States and transferred to a foreign registry, 
if that sale is approved by the Secretary of Transportation under 
section 9(c) of the Shipping Act, 1916 (46 App. U.S.C. 808(c)). 
(b) VESSELS DESCRIBED.—^The vessels referred to in subsection 
(a) are the following: 
(1) OCEAN CHALLENGER (United States official nvunber 
569583). 
(2) OCEAN RUNNER (United States official number 
564344). 
(3) OCEAN WIZARD (United States official number 
574906). 
Subtitle B—^Maritime Amendments 
SEC. 6201. STUDENT INCENTIVE PAYMENTS. 
(a) AMOUNT OP ANNUAL PAYMENT.— 
(1) INCREASE IN AMOUNT.—Section 1304(gXl) of the Mer-
chant Marine Act, 1936 (46 App. U.S.C. 1295c(g)(l)) is amended 
by striking "$1,200" and inserting "$3,000". 
(2) APPLICATION.—^The amendment made by subsection (a) 
shall apply to payments under section 1304(gXl) of the Mer-
chant Marine Act, 1936 (46 App. U.S.C. 1295c(gXl)) made 
with respect to academic years beginning after the date of 
the enactment of this Act. 
(b) MANNER OF PAYMENT.—Section 1304(gXl) of the Merchant 
Marine Act, 1936 (46 App. U.S.C. 1295c(gXl)) is further amended— 
(1) in subparagraph (B) by inserting "and" aff«r the semi-
colon; 
(2) by striking subparagraph (C); 
(3) by redesignating subparagraph (D) as subparagraph 
(C); and 
(4) in subparagraph (C) (as so redesignated) by striking 
", for the academic years £iifter those years specified in subpara-
graph (C),". 
(c) CONFORMING AMENDMENT.—Section 1304(gX4) of the Mer-
chant Marine Act, 1936 (46 App. U.S.C. 1295c(gX4)) is amended 
by striking "paragraph (IXC) of this subsection" and inserting "para-
graph (1)". 
SEC. 6202. TRANSFER OF CERTAIN VESSELS. 
The Secretary of the Navy shall transfer to the Department 
of Transportation the following vessels, to be assigned as training 
ships to Texas A&M Universihr at Galveston, Texas, and to the 
Maine Maritime Academy at Cfastine, Maine, when those vessels 
are no longer required for use by the Navy: 
(1) U.S.N.S. CHAUVENET (T-AG-29). 
(2) U.S.N.S. HARKNESS (T-AG^2). 
46 use app. 
1395c note. 
Texas. 
Maine. 
106 STAT. 5094 
PUBLIC LAW 102-587—NOV. 4, 1992 
Effective date. 
50 use app. 
1744 note. 
SEC. 6203. MASSACHUSETTS CENTER FOR MARINE ENVIRONMENTAL 
PROTECTION. 
For Fiscal Year 1993, $242,000 is authorized to be appropriated 
to the Maritime Administration for the Massachusetts Center for 
Marine Environmental Protection located at the Massachusetts 
Maritime Academy. 
SEC. 6204. FEDERAL SHIP MORTGAGE INSURANCE FOR CERTAIN 
CONSTRUCTION AND RECONSTRUCTION. 
Section 1104B(bX2) of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1274a(bX2)) is amended by striking "73 percent" and insert-
ing "87y2 percent". 
SEC. 6205. TECHNICAL CORRECTIONS. 
(a) MERCHANT SHIP SALES ACT OF 1946.—Section 11(b) of the 
Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744), as amended 
by section 6 of the Act of October 13, 1989 (PubUc Law 101-
115; 103 Stat. 693; commonly referred to as the "Maritime Adminis-
tration Authorization, 1990"), is amended to read as if it had 
not been repealed by section 307(12) of the Coast Guard Authoriza-
tion Act of 1989 (PubHc Law 101-225; 103 Stat. 1925). The effective 
date of this subsection is December 12,1989. 
(b) MERCHANT MARINE ACT, 1920.—Section 19 of the Merchant 
Marine Act, 1920 (46 App. U.S.C. 876) is amended— 
(1) in paragraph (IXb) by striking "sysetms" and inserting 
"systems"; and 
(2) in paragraph (7Xd) by striking "in proceedings under 
paragraph (lXbX7) of this section," and inserting "under sub-
division (b),". 
Partnerships for 
Wildlife Act. 
16 use 3741 
note. 
16 use 3741. 
TITLE Vn—PARTNERSHIPS FOR WILDLIFE 
SEC. 7101. SHORT TITLE. 
This Title may be cited as the "Partnerships for Wildlife Act". 
SEC. 7102. FINDINGS. 
The Congress finds the following: 
(1) Three-fourths of all American children and adults 
participate in wildlife-related recreational activities other than 
hunting, fishing and trapping. 
(2) In 1985, Americans spent over $14 billion on non-
consumptive wildlife-related recreation. 
(3) The United States and Canada are inhabited by approxi-
mately two thousand six hundred vertebrate species of native 
fish and wildlife, which have provided food, clothing, and other 
essentials to a rapidly expanding human population. 
(4) Over 80 percent of vertebrate fish and wildlife species 
in North America are not harvested for human use. 
(5) The continued well-being of this once-abimdant fish 
and wildlife resource, and even the very existence of many 
species, is in peril. 
(6) In 1967, the United States Fish and Wildlife Service 
reported that forty-five common migratory bird species, which 
are not hunted, had exhibited significant declines in abundance, 
and that thirteen of these species have experienced widespread. 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5095 
systematic declines of 46.9 percent during a twenty-year study 
period. 
(7) There have been nationwide declines in frogs and other 
amphibians. 
(8) Over two htuidred and seventy-five of vertebrate fish 
and wildlife species in the United States are now officially 
classified as threatened or endangered by the Federal Govern-
ment. 
(9) During the past decade, fish and wildlife species, includ-
ing invertebrates, were added to the rapidly growing list of 
threatened and endangered species in North America at the 
average rate of over one per month. 
(10) Currently, eighty-two species of invertebrates in the 
United States are listed as threatened or endangered under 
the Endangered Species Act, and another nine hundred and 
fifty-one United States invertebrate species are candidates for 
listing iinder that Act. 
(11) Proper management of fish and wildlife, before species 
become threatened or endangered with extinction, is the key 
to reversing the increasingly desperate status of fish and wild-
life. 
(12) Proper fish and wildlife conservation includes not only 
management of fish and wildlife species taken for recreation 
and protection of endangered and threatened species, but also 
management of the vast majority of species which fall into 
neither category. 
(13) Partnerships in fish and wildlife conservation, such 
as the Federal Aid in Wildlife Restoration Program, the Federal 
Aid in Sport Fish Restoration Program, and the North American 
Wetlands Conservation Act have benefitted greatly the con-
servation of fish and wildlife and their habitats. 
(14) A program that encourages partnerships among Fed-
eral and State governments and private entities to carry out 
wildlife conservation and appreciation projects would benefit 
all species of fish and wildlife through such activities as 
management, research, and interagency coordination. 
(15) Many States, which are experiencing declining reve-
nues, are finding it increasingly difilcult to carry out projects 
to conserve the entire array of diverse fish and wildlife species 
and to provide opportimities for the public to associate with, 
enjoy, and appreciate fish and wildlife through nonconsumptive 
activities. 
SEC. 7103 PURPOSES. 
16 USC 3742. 
The purposes of this title are to establish a partnership among 
the United States Fish and Wildlife Service, designated State agen-
cies, and private organizations and individuals— 
(1) to carry out wildlife conservation and appreciation 
projects to conserve the entire array of diverse fish and wildlife 
species in the United States and to provide opportunities for 
the public to use and enjoy these fish and wildlife species 
through nonconsumptive activities; 
(2) to enable designated State agencies to respond more 
fully and utilize their statutory and administrative authorities 
by carrying out wildlife conservation and appreciation projects; 
and 
106 STAT. 5096 
PUBLIC LAW 102-587—NOV. 4, 1992 
(3) to encourage private donations, under the leadership 
of the National Fish and Wildlife Foundation, to cany out 
wildlife conservation and appreciation projects. 
16 use 3743. 
SEC. 7104. DEFINITIONS. 
As used in this title— 
(1) The terms "conserve" £uid "conservation" mean to use, 
and the use of, such methods and procedures which are nec-
essary to ensure, to the maximum extent practicable, the well 
being and enhancement of fish and wildlife and their habitats 
for the educational, aesthetic, cultural, recreational, scientific, 
and ecological enrichment of the public. Such methods and 
procedures may include, but are not limited to, any activity 
associated with scientific resources management, such as 
research, census, law enforcement, habitat acquisition, mainte-
r 
nance, 
development, 
information, 
education, 
population 
manipulation, propagation, technical assistance to private land-
owners, live trapping, and transplantation. 
(2) The term "designated State agencjr" means the State 
fish and wildlife agency, which shall be construed to mean 
any department, or any division of any department of another 
name, of a State that is empowered under its laws to exercise 
the functions ordinarily exercised by a State fish and wildlife 
agency. 
(3) The term "fish and wildlife" means wild members of 
the animal kingdom that are in an imconfined state. 
(4) The term "Fund" means the Wildlife Conservation and 
Appreciation Fund established under section 5(f) of this Act. 
(5) The term "National Fish and Wildlife Foimdation" 
means the charitable and nonprofit corporation established 
imder section 2 of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3701). 
(6) The term "nonconsimiptive activities" means fish £tnd 
wildlife associated activities other than harvesting of fish and 
wildlife and includes, but is not limited to, photographing, 
observing, learning about, or associating with, Hsh and wildlife. 
(7) TTie term "Secretarj^ means the Secretary of the 
Interior, acting through the Director of the United States Fish 
and Wildlife Service. 
(8) The term "wildlife conservation and appreciation 
project" 
means 
a 
project 
which 
is 
directed 
toward 
nonconsumptive activities or toward the conservation of those 
species of fish and wildlife that— 
(A) are not ordinarily taken for recreation, fur, or food; 
except that if under applicable State law, any fish and 
wildlife may be taken lor recreation, fur, or food in some 
but not all, areas of the State, a wildlife conservation 
and appreciation project may be directed toward the con-
servation of any of such fish and wildlife within any area 
of the State in which such taking is not permitted. 
(B) are not listed as endangered species or threatened 
species under the Endangered Species Act of 1973, as 
amended (16 U.S.C. 1531-1543); and 
(C) are not marine mammals within the. meaning of 
section 3(5) of the Marine Mammal Protection Act of 1972, 
as amended (16 U.S.C. 1362(5)). 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5097 
SEC. 7105. WILDLIFE PARTNERSHIP PROGRAM. 
16 USC 3744. 
(a) IN GENERAL.—^The Secretary shall provide the amounts 
available in the Fund to designated State agencies on a matching 
basis to assist in carndng out wildlife conservation and appreciation 
projects that are elijdble under subsection (b) of this section. 
(b) ELIGIBLE PROJECTS.—^The following wildlife conservation 
and appreciation projects shall be eligible for matching funds from 
the Fund: 
(1) inventory of fish and wildlife species; 
(2) determination and monitoring of the size, range and 
distribution of populations of fish and wildlife species; 
(3) identification of the extent, condition, and location of 
the significant habitats of fish and wildlife species; 
(4) identification of the significant problems that may 
adversely affect fish and wildlife species and their significant 
habitats; 
(5) actions to conserve fish and wildlife species and their 
habitats; and 
(6) actions of which the principal purpose is to provide 
opportunities for the public to use and enjoy fish and wildlife 
through nonconsumptive activities. 
(c) PROJECT STANDARDS.—^The Secretary shall not provide fund-
ing to C
£
U
T
y out an eligible wildlife conservation and appreciation 
project unless the Secretary determines that such a projectr— 
(1) is planned adequately to accomplish the stated objective 
or objectives; 
(2) utilizes accepted fish and wildlife management prin-
ciples, sound design and appropriate procedures; 
(3) will yield benefits pertinent to the identified need at 
a level commensurate with project costs; 
(4) provides for the tracking of costs and accomplishments 
related to the project; 
(5) provides for monitoring, evaluating, and reporting of 
the accomplishment of project objectives; and 
(6) complies with all applicable Federal environmental laws 
and regulations. 
(d) LIMITATIONS O
N FEDERAL PAYMENT.—The amount of appro-
priated Federal funds provided from the Fimd by the Secretary 
to any designated State Agency with respect to any fiscal year 
to carry out an eligible wildlUie conservation and appreciation project 
under this section— 
(1) may not exceed $250,000; 
(2) may not exceed one third of the total project cost for 
that fiscal year; 
(3) may not exceed 40 percent of the total project cost 
for that fiscal year if designated State agencies from two or 
more States cooperate in implementing such a project; 
(4) may not be used to defray the administrative cost 
of State programs; and 
(5) may not exceed the State share of the cost of implement-
ing such a project. 
(e) FORM OF STATE SHARE.—The share of the cost of carrying 
out eligible projects under this section shall be from a non-Feaeral 
source and shall not be in the form of an in-kind contribution. 
(f) EuGiBiuTY OF DESIGNATED STATE AGENCIES.—No des-
ignated State agency shall be eligible to receive matohing funds 
m)m the Wildlife Conservation and Appreciation Fund if revenue 
106 STAT. 5098 
PUBLIC LAW 102-587—NOV. 4,1992 
derived from activities regulated by such an agency is diverted 
for any purpose other than the management and conservation of 
fish and wildlife. Such revenue shall include, but not be limited 
to, all income 
from 
the sale of hunting, fishing and trapping licenses; 
all income from nongame checkoff systems; all income from the 
sale of waterfowl, habitat conservation, and other stamps that are 
requisite for engaging in certain activities regulated by the des-
ignated State agency; all income from the sale of any commodities 
and products by the designated State agency from lands and waters 
administered by the State for fish and wildlife purposes; and all 
funds apportioned to the designated State agency under the Federal 
Aid in Wildlife and Sport Fish Restoration Programs. 
(g) ESTABLISHMENT OF FUND.—(1) The Secretary shall establish 
the Fund, which shall consist of amoimts deposited into the Fund 
by the Secretary under paragraph (2) of this subsection. 
(2) The Secretary shall deposit into the Fund— 
(A) amounts appropriated to the Secretary for deposit 
to the Fund, of wnich not more than 4 percent shall be 
available to the Secretary and the National Fish and Wild-
life Foundation to defray the costs of administering this 
Act and evaluating wildlife conservation and appreciation 
projects; and 
(B) amounts received as donations from the National 
Fish and Wildlife Foundation or other private entities or 
persons for deposit to the Fund. 
(3) The Secretary may accept and use donations from the 
National Fish and Wildlife Foimdation and other private entities 
or persons for purposes of assisting States under this section. 
(4) Of the total amount provided from the Fund to assist 
a State in canying out a wildlife conservation and appreciation 
project under subsection (a) of this section, at least 50 percent 
shall have been donated to the Fimd by the National Fish and 
Wildlife Foimdation. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Fimd and to the Secretary for each 
of fiscal years 1992 through 1995 not to exceed $6,250,000 to 
match the amount of contributions made to the Fund by the 
National Fish and Wildlife Foundation. 
North Pacific 
Anadromous 
Stocks 
Convention Act 
of 1992. 
16 use 5001 
note. 
16 use 5001. 
16 use 5002. 
TITLE Vin—NORTH PACIFIC ANADROMOUS STOCKS 
CONVENTION 
SEC. 8001. SHORT TITLE. 
This title may be cited as the "North Pacific Anadromous Stocks 
Convention Act of 1992". 
SEC. 8002. PURPOSE. 
It is the purpose of this title to implement the Convention 
for the Conservation of Anadromous Stocks in the North Pacific 
Ocean, signed in Moscow, February 11,1992. 
SEC. 8003. DEFINTnONS. 
As used in this title, the term— 
(1) "Anadromous stocks" means stocks of species listed 
in the Annex to the Convention that migrate into the Conven-
tion area. 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5099 
(2) "Anadromoiis fish" means fish of the species listed in 
the Annex to the Convention that migrate into the Convention 
area. 
(3) "Authorized officer" means a law enforcement official 
authorized to enforce this title under section 8009(a). 
(4) "Commission" means the North Pacific Anadromous 
Fish Commission provided for by article VIII of the Convention. 
(5) "Convention" means the Convention for the Conserva-
tion of Anadromous Stocks of the North Pacific Ocean, signed 
in Moscow, February 11,1992. 
(6) "Convention area" means the waters of the North Pacific 
Ocean and its adjacent seas, north of 33 degrees North Latitude, 
beyond two hundred nautical miles from the baselines from 
which the breadth of the territorial sea is measured. 
(7) "Directed fishing" means fishing targeted at a particular 
species or stock of fish. 
(8) "Ecologically related species" means living marine spe-
cies which are associated with anadromous stocks found in 
the Convention area, including, but not restricted to, both 
predators and prey of anadromous fish. 
(9) "Enforcement officer" means a law enforcement official 
authorized by any Party to enforce this title. 
(10) "Exclusive economic zone" means the zone established 
by Proclamation Numbered 5030, dated March 10, 1983. For 
purposes of appljdng this title, the inner boundary of that 
zone is a line coterminous with the seaward boundary of each 
of the coastal States. 
(11) "Fish" means finfish, moUusks, crustaceans, and all 
other forms of marine animal and plant life other than marine 
mammals and birds. 
(12) "Fishing" means— 
(A) the catching, taking, or harvesting of fish, or any 
other activity that can reasonably be expected to result 
in the catching, taking, or harvesting offish; or 
(B) any operation at sea in preparation for or in direct 
support of any activity described in subparagraph (A). 
(13) "Fishing vessel" means— 
(A) any vessel engaged in catching fish within the 
Convention area or in processing or transporting fish loaded 
in the Convention area; 
(B) any vessel outfitted to engage in any activity 
described in subparagraph (A); 
(C) any vessel described in subparagraph (A) or (B). 
(14) "Incidental taking" means catching, taking, or harvest-
ing a species or stock of fish while conducting directed fishing 
for another species or stock of fish. 
(15) "Party" means Canada, Japan, the Russian Federation, 
the United States, and any other nation that may accede to 
the Convention. 
(16) "Secretary" means the Secretary of State. 
(17) "United States Section" means the United States 
Commissioners of the Commission. 
SEC. 8004. UNITED STATES COMMISSIONERS. 
16 USC 5003. 
(a) COMMISSIONERS.—The United States shall be represented President. 
on the Commission by not more than three United States Commis-
sioners to be appointed by and serve at the pleasure of the Presi-
106 STAT. 5100 
PUBLIC LAW 102-587—NOV. 4, 1992 
dent. Each United States Commissioner shall be appointed for 
a term of office not to exceed 4 years, but is eligible for reappoint-
ment. Of the Commissioners— 
(1) one shall be an official of the United States Government; 
(2) one shall be a resident of the State of Alaska; and 
(3) one shall be a resident of the State of Washington. 
An individual is not eligible for appointment under paragraph (2) 
or (3) as a Commissioner unless the individual is knowledgeable 
or experienced concerning the anadromous stocks and ecologically 
related species of the North Pacific Ocean. 
(b) ALTERNATE COMMISSIONERS.—The Secretary, in consultation 
with the Secretary of Commerce, may designate from time to time 
Alternate United States Commissioners to the Commission. An 
Alternate United States Commissioner may exercise all designated 
powers and duties of a United Stetes Commissioner in the absence 
of a duly designated Commissioner for whatever reason. The num-
ber of such Alternate United Stetes Commissioners that may be 
designated for any such meeting shall be limited to the number 
of authorized United Stetes Commissioners that will not be present. 
(c) UNITED STATES SECTION.—The United Stetes Section, in 
consultetion with the Advisory Panel esteblished in section 8005, 
shall identify and recommend to the Commission research needs 
and priorities for anadromous stocks and ecologically related species 
subject to the Convention, and oversee the United Stetes research 
programs involving such fisheries, stocks, and species. 
(d) COMPENSATION.—^United Stetes Commissioners and Alter-
nate United Stetes Commissioners shall receive no compensation 
for their services as Commissioners and Alternate Commissioners. 
16 use 5004. 
SEC. 8005. ADVISORY PANEL. 
(a) ESTABLISHMENT OF PANEL.—An Advisory Panel to the 
United Stetes Section is esteblished. The Advisory Panel shall 
be composed of the following: 
(1) The Commissioner of the Alaska Department of Fish 
and Game. 
(2) The Directer of the Washington Department of Fish-
eries. 
(3) One representetive of the Pacific Stetes Marine Fish-
eries Commission, designated by the Executive Director of that 
commission. 
(4) Eleven members (six of whom shall be residente of 
the State of Alaska and five of whom shall be residente of 
the Stete of Washington), appointed by the Secretary, in con-
sultetion with the Secretary of Commerce, from among a slate 
of 12 persons nominated oy the Governor of Alaska and a 
slate of 10 persons nominated by the Governor of Washington. 
<b) QUALIFICATIONS.—Persons appointed to the Advisory Panel 
shall be individuals who are knowledgeable or experienced concern-
ing anadromous stocks and ecologically related species. In submit-
ting a slate of nominees pursuant to subsection (a)(4), the Governors 
of Alaska and Washington shall seek to represent the broad range 
of parties interested in anadromous stocks and ecologically related 
species, and at a minimum shall include on each slate at least 
one representetive of commercial salmon fishing intereste and of 
environmental intereste concerned with protection of living marine 
resources. 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5101 
(c) LIMITATION ON SERVICE.—Any person appointed to the 
Advisory Panel pursuant to subsection (aX4) shall serve for a term 
not to exceed 4 years, and may not serve more than two consecutive 
terms. 
(d) FUNCTIONS.—The Advisory Panel shall be invited to all 
nonexecutive meetings of the Umted States Section and at such 
meetings shall be grcuited the opportunity to examine and to be 
heard on all proposed programs of study and investigation, reports, 
and recommendations of the United States Section. 
(e) COMPENSATION AND EXPENSES.—^The members of the 
Advisory Panel shall receive no compensation or travel expenses 
for their services as such members. 
SEC. 8006. COMMISSION RECOMMENDATIONS. 
16 USC 5005. 
The Secretary, with the concurrence of the Secretary of Com-
merce, may accept or reject, on behalf of the United States, rec-
ommendations made by the Commission in accordance with article 
IX of the Convention. 
SEC. 8007. ADMINISTRATION AND ENFORCEMENT OF CONVENTION. 
16 USC 5006. 
(a) RESPONSIBILITIES.—The Secretary of Commerce shall be 
responsible for administering provisions of the Convention, this 
title, and regulations issued under this title. The Secretary, in 
consultation with the Secretary of Commerce and the Secretary 
of Transportation, shall be responsible for coordinating the partici-
pation of 
the United States in the Commission. 
(b) CONSULTATION AND COOPERATION.—In carrying out such 
functions, the Secretary of Commerce— 
(1) shall, in consultation with the Secretary of Transpor- Regulations. 
tation and the United States Section, issue such regiilations 
as may be necessary to carry out the purposes and objectives 
of the Convention and this title; and 
(2) may, with the concurrence of the Secretary, cooperate 
with the authorized officials of the government of any Party. 
SEC. 8008. COOPERATION WITH OTHER AGENCIES. 
16 USC 5007. 
(a) IN GENERAL,—^Any agency of the Federal Grovemment is 
authorized, upon request of the Commission, to cooperate in the 
conduct of scientific and other programs, and to furnish, on a 
reimbursable basis, facilities and personnel for the purpose of assist-
ing the Commission in canying out its duties luider the Convention. 
Such agency may accept reimbursement from the Commission. 
(b) FUNCTIONS OF SECRETARY OF COMMERCE.—In carrying out 
the provisions of the Convention and this title, the Secretary of 
Commerce may arrange for cooperation with agencies of the United 
States, the States, private institutions and organizations, and agen-
cies of the government of any Party, to conduct scientific and 
other programs, and may execute such memoranda as may be 
necessary to reflect such agreements. 
SEC. 8009. ENFORCEMENT PROVISIONS. 
16 USC 5008. 
(a) DUTIES OF SECRETARIES OF COMMERCE AND TRANSPOR-
TATION.—^This title shall be enforced by the Secretary of Commerce 
and the Secretary of Transportation. Such Secretaries may by agree-
ment utilize, on a reimbursable basis or otherwise, the personnel, 
services, equipment (including aircraft and vessels), and facilities 
of any other Federal agency, including all elements of the Depart-
ment of Defense, and of any State agency, in the peiform£uice 
106 STAT. 5102 
PUBLIC LAW 102-587—NOV. 4, 1992 
of such duties. Such Secretaries shall, and the head of any Federal 
or State agency that has entered into £ui agreement with either 
such Secretory under the preceding sentence may (if the agreement 
so provides), authorize officers to enforce the provisions of the 
Convention, this title, and regulations issued under this title. Any 
such agreement or contract entered into pvirsuant to this section 
shall he effective only to such extent or in such amounts as are 
provided in advance in appropriations Acts. 
(b) DISTRICT COURT JURISDICTION.—The district courts of the 
United States shall have exclusive jurisdiction over any case or 
controversy arising imder the provisions of this title. 
(c) POWERS OF ENFORCEMENT OFFICERS.—Authorized officers 
may, shoreward of the outer boundary of the exclusive economic 
zone, or during hot pursuit from the zone— 
(1) with or without a warrant or other process— 
(A) arrest any person, if he or she has reasonable 
cause to believe that such person has committed an act 
prohibited by section 8010; 
(B) board, and search or inspect, any fishing vessel 
subject to the provisions of the Convention and ttus title; 
(C) seize any fishing vessel (together with its fishing 
gear, furniture, appurtenances, stores, and cargo) used or 
employed in, or witn respect to which it reasonably appears 
that such vessel was used or employed in, the violation 
of any provision of the Convention, this title, or regulations 
issued under this title; 
(D) seize any fish (wherever found) taken or retained 
in violation of any provision referred to in subparagraph 
(C); 
(E) seize any other evidence related to any violation 
of any provision referred to in subparagraph (C); 
(2) execute any warrant or other process issued by any 
court of competent jurisdiction; and 
(3) exercise any other lawful authority. 
(d) ADDITIONAL POWERS.—(1) An authorized officer may in the 
Convention area— 
(A) board a vessel of any Party that reasonably can be 
believed to be engaged in directed fishing for, incidental taking 
of, or processing of anadromous fish, and, without warrant 
or process, inspect equipment, logs, documents, catch, and other 
articles, and question persons, on board the vessel, for the 
purpose of carrying out the provisions of the Convention, this 
title, or any regulation issued imder this title; and 
(B) if any such vessel or person on board is actually engaged 
in operations in violation of any such provision, or there is 
reasonable groimd to believe any person or vessel was obviously 
so engaged before the boarding of^such vessel by the authorized 
officer, arrest or seize such person or vessel and further inves-
tigate the circumstance if necessary. 
If an authorized officer, after boarding and investigation, has 
reasonable cause to believe that any such fishing vessel or person 
engaged in operations in violation of any provision referred to 
in siibparagraph (A), the officer shall deliver the vessel or person 
as promptly as practicable to the enforcement officers of the appro-
priate Party, in accordance with the provisions of the Convention. 
(2) When requested by the appropriate authorities of a Party, 
an authorized officer may be directed to attend as a witness, and 
PUBLIC LAW 102-587—NOV. 4, 1992 
106 STAT. 5103 
to produce such available records and files or duly certified copies 
thereof as may be necessary, for the prosecution by that Party 
of any violation of the provisions of the Convention or any law 
of that Party relating to the enforcement thereof. 
SEC. 8010. UNLAWFUL ACnvmES. 
16 USC 5009. 
It is unlawful for any person or fishing vessel subject to the 
jurisdiction of the United States— 
(1) to fish for any anadromous fish in the Convention 
area; 
(2) to retain on board any anadromous fish taken inciden-
tally in a fishery directed at nonanadromous fish in the Conven-
tion area; 
(3) to fail to return immediately to the sea any anadromous 
fish taken incidentally in a fishery directed at nonanadromous 
fish in the Convention area; 
(4) to ship, transport, offer for sale, sell, purchase, import, 
export, or have custody, control, or possession of, any anad-
romous fish taken or retained in violation of the Convention, 
this title, or any regulation issued imder this title; 
(5) to refuse to permit any enforcement officer to board 
a fishing vessel subject to such person's control for purchases 
of conducting £uiy search or inspection in connection with the 
enforcement of the Convention, this title, or any regulation 
issued under this title; 
(6) to forcibly assault, resist, oppose, impede, intimidate, 
or interfere with any enforcement officer in the conduct of 
any search or inspection described in paragraph (5); 
(7) to resist a lawful arrest or detection for any act prohib-
ited by this section; 
(8) to interfere with, delay, or prevent, by any means, 
the apprehension, arrest, or detection of another person, know-
ing that such person has committed any act prohibited by 
this section; or 
(9) to violate £iny provision of the Convention, this title, 
or any regulation issued under this title. \ 
SEC. 8011. PENALTIES. 
^ 
^' 
le use soio. 
(a) CIVIL PENALTIES.—(1) Any person who is found by the 
Secretary of Commerce, after notice and opportunity for a hearing 
in accordance with section 554 of title 5, United States Code, 
to have committed an act prohibited by section 8010 shall be liable 
to the United States for a civil penalty. The amount of the civil 
penalty shall not exceed $100,000 for each violation. Each day 
of a continuing violation shall constitute a separate offense. The 
amount of such civil penalty shall be assessed by the Secretary 
of Commerce, or the Secretary's designee, by written notice. In 
determining the amount of such penalty, the Secretary of Commerce 
shall take into account the nature, circumstances, extent, and grav-
ity of the prohibited acts committed and, with respect to the viola-
tion, the degree of culpability, any history of prior offenses, ability 
to pay, and such other matters as justice may require. 
(2) Any person against whom a civil penalty is assessed under 
paragraph (1) may obtain review thereof in the appropriate court 
of the United States by filing a complaint in such court within 
thirty days from the date of such order and by simultaneously 
serving a copy of such complaint by certified mail on the Secretary 
of Commerce, the Attorney General, and the appropriate United 
59-194 O—93 
18:QL3(Pt. 6) 
106 STAT. 5104 
PUBLIC LAW 102-587—NOV. 4, 1992 
States Attorney. The Secretary of Commerce shall promptly file 
in such court a certified copy of the record upon which such violation 
was found or such penalty imposed, as provided in section 2112 
of title 28, United States Code. The findings and order of the 
Secretary of Commerce shall be set aside by such court if they 
are not found to be supported bv substantial evidence, as provided 
in section 706(2) of title 5, United States Code. 
(3) If any person fails to pay an assessment of a civil penedty 
after it has become a final and imappealable order, or after the 
appropriate court has entered final judgment in favor of the Sec-
retory of Commerce, the matter shall be referred to the Attorney 
General, who shall recover the amount assessed in any appropriate 
district cotut of the United States. In such action, the validity 
and appropriateness of the final order imposing the civil penalty 
shall not be subject to review. 
(4) A fishing vessel (including its fishing gear, furniture, appur-
tenances, stores, and cargo) used in the commission of an act 
prohibited by section 8010 shall be liable in rem for any civil 
penalty assessed for such violation under paragraph (1) and may 
be proceeded against in any district court of the United States 
having jurisdiction thereof Such penalty shall constitute a maritime 
lien on such vessel that m ^ be recovered in an action in rem 
in the district court of the United States having jurisdiction over 
the vessel. 
(5) The Secretary of Commerce may compromise, modify, or 
remit, with or without conditions, any civil penalty that is subject 
to imposition or that has been imposed under this section. 
(6) For the purposes of conducting any hearing under this 
section, the Secretary of Commerce may issue subpoenas for the 
attendance and testimony of witnesses and the production of rel-
evant papers, books, and documents, and may administer oaths. 
Witnesses summoned shall be paid the same fees and mileage 
that are paid to witnesses in the courts of the United States. 
In case of contempt or refusal to obev a subpoena served upon 
any person pursuant to this paragrapn, the district court of the 
United States for any district in which such person is found, resides, 
or transacts business, upon application by the United States and 
after notice to such person, shall have jurisdiction to issue an 
order requiring such person to appear and give testimony before 
the Secretary of Commerce or to appear and produce documents 
before the Secretary of Commerce, or both, and any failure to 
obey such order of the court may be punished by such court as 
a contempt thereof. 
(b) (JFFENSES.—(1) A person is guilty of an offense if that 
person commits any act prohibited by section 8010 (5), (6), (7), 
or (8). 
(2) Any offense described in para^aph (1) is a class A mis-
demeanor punishable by a fine under title 18, United States Code, 
or imprisonment for not more than 6 months, or both; except 
that if in the commission of any offense the person uses a dangerous 
wer*pon, engages in conduct that causes bodily injury to any enforce-
ment officer, or places any such officer in fear of imminent bodily 
injury, the offense is a felony punishable by a fine under title 
18, United States Code, or imprisonment for not more than 10 
years, or both. 
(c) FORFEITURE.—(1) Any fishing vessel (including its fishing 
gear, furniture, appurtenances, stores, and cargo) used, and any 
PUBLIC LAW 102-587—NOV. 4,1992 
106 STAT. 5105 
fish (or a fair market value thereof) taken or retained, in any 
manner, in connection with or as a result of the commission of 
any act prohibited by section 1810 shall be subject to forfeiture 
to the United States. All or part of such vessel may, and all 
such fish shall, be forfeited to the United States pursuant to a 
civil proceeding under this section. 
(2) Any district court of the United States shall have jurisdic- Courts. 
tion, upon application of the Attorney General on behalf of the 
United States, to order any forfeiture authorized imder paragraph 
(1) and any action provided for under paragraph (4). 
(3) If a judgment is entered for the United States in a civil 
forfeiture proceeding under this section, the Attorney General may 
seize any property or other interest declared forfeited to the United 
States, which has not previously been seized pursuant to this title 
or for which security has not previously been obtained. The provi-
sions of the customs laws relating to— 
(A) the seizure, forfeiture, and condemnation of property 
for violation of the customs law; 
(B) the disposition of such property or the proceeds firom 
the sale thereof; and 
(C) the remission or mitigation of any such forfeitiu-e; 
shall apply to seizures and forfeitures incurred, or alleged to have 
been incurred, under the provisions of this title, imless such provi-
sions are inconsistent with the purposes, policy, and provisions 
of this title. 
(4XA) Any officer authorized to serve any process in rem that 
is issued by a court having jurisdiction under section 8009(b) shall— 
(i) stay the execution of such process; or 
(ii) discharge any fish seized pursuant to such process; 
upon receipt of a satisfactory bond or other security from any 
person claiming such property. Such bond or other security shall 
be conditioned upon such person delivering such property to the 
appropriate court upon order thereof, without any impairment of 
its value, or paying the monetary value of such property pursuant 
to an order of such court. Judgment shall be recoverable on such 
bond or other security against both the principal and any sureties 
in the event that any condition thereof is breached, as determined 
by such court. 
(B) Any fish seized pursuant to this title may be sold, subject 
to the approval and direction of the appropriate court, for not 
less than the fair market value thereof. The proceeds of any such 
sale shall be deposited with such court pending the disposition 
of the matter involved. 
(5) For purposes of this section, it shall be a rebuttable 
presumption that all fish found on board a fishing vessel and 
which is seized in connection with an act prohibited by section 
8010 were taken or retained in violation of the Convention and 
this title. 
SEC. 8012. FUNDING REQUIREMENTS. 
16 USC 5011. 
(a) AUTHORIZATION.—^There are authorized to be appropriated 
firom time to time such sums as may be necessary for carrying 
out the purposes and provisions of the Convention and this title, 
including— 
(1) necessary travel expenses of the United States Commis-
sioners or Alternate Commissioners; and 
106 STAT. 5106 
PUBLIC LAW 102-587—NOV. 4, 1992 
(2) the United States share of the joint expenses of the 
Commission. 
(b) RESEARCH.—Such funds as shall be made available to the 
Secretary of Commerce for research and related activities shall 
be expended to carry out the program of the Commission in accord-
ance with the recommendations of the United States Section and 
rK 
to carry out other research and observer programs pursuant to 
the Convention. 
16 use 5012. 
SEC. 8013. DISPOSITION OF PROPERTY. 
The Secretary shall dispose of any United States property held 
by the International North Pacific Fisheries Comnussion on the 
date of its termination in a manner that would further the purposes 
of this titles 
SEC. 8014. REPEAL OF THE NORTH PACIFIC FISHERIES ACT OF 1954. 
The Act of August 12, 1954 (16 U.S.C. 1021-1035) is repealed. 
Approved November 4, 1992. 
LEGISLATIVE HISTORY—H.R. 5617: 
HOUSE REPORTS: No. 102-927 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Oct. 5, considered and passed House. 
Oct. 7, considered and passed Senate.