Marine Sanctuaries Amendments of 1983
PL 98-498 (S.1102), enacted 10/19/1984

98 STAT. 2296 
PUBLIC LAW 98-498—OCT. 19, 1984 
Public Law 98-498 
98th Congress 
An Act 
Oct. 19, 1984 
To provide authorization of appropriations for title III of the Marine Protection, 
[S. 1102] 
Research, and Sanctuaries Act of 1972, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Marine 
TITLE I—MARINE SANCTUARIES 
Sanctuaries 
1984"'*"'^"*'^°^ 
SEC. 101. This title may be cited as the "Marine Sanctuaries 
16 use 1431 
Amendments of 1984". 
note. 
SEC. 102. Title III of the Marine Protection, Research, and Sanctu-
aries Act of 1972 (16 U.S.C. 1431 et seq.) is amended to read as 
follows: 
"TITLE III—NATIONAL MARINE SANCTUARIES 
16 u s e 1431. 
"SEC. 301. FINDINGS, PURPOSES, AND POLICIES. 
"(a) FINDINGS.—The Congress finds t h a t -
'll) this Nation historically has recognized the importance of 
protecting special areas of its public domain, but these efforts 
have been directed almost exclusively to land areas above the 
high-water mark; 
"(2) certain areas of the marine environment possess conser-
vation, recreational, ecological, historical, research, educational, 
or esthetic qualities which give them 
special 
national 
significance; 
"(3) while the need to control the effects of particular activi-
ties has led to enactment of resource-specific legislation, these 
laws cannot in all cases provide a coordinated and comprehen-
sive approach to the conservation and management of special 
areas of the marine environment; 
"(4) a Federal program which identifies special areas of the 
marine environment will contribute positively to marine 
resources conservation and management; and 
"(5) such a Federal program will also serve to enhance public 
awareness, understanding, appreciation, and wise use of the 
marine environment. 
"(b) PURPOSES AND POLICIES.—The purposes and policies of this 
title are— 
"(1) to identify areas of the marine environment of special 
national significance due to their resource or human-use values; 
"(2) to provide authority for comprehensive and coordinated 
conservation and management of these marine areas that will 
complement existing regulatory authorities; 
"(3) to support, promote, and coordinate scientific research on, 
and monitoring of, the resources of these marine areas; 
"(4) to enhance public awareness, understanding, apprecia-
tion, and wise use of the marine environment; and 
PUBLIC LAW 98-498—OCT. 19, 1984 
98 STAT. 2297 
"(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. 
"SEC. 302. DEFINITIONS. 
16 USC 1432. 
"As used in this title, the term— 
"(1) 'draft management plan' means the plan described in 
section 304(a)(1)(E); 
"(2) 'Magnuson Act' means the Magnuson Fishery Conserva-
tion and Management Act (16 U.S.C. 1801 et seq.); 
"(3) 'marine environment' means those areas of coastal and 
ocean waters, the Great Lakes and their connecting waters, and 
submerged lands over which the United States exercises juris-
diction, consistent with international law; 
"(4) 'Secretary' means the Secretary of Commerce; and 
"(5) 'State' means each of the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Common-
wealth of the Northern Mariana Islands, American Samoa, the 
Virgin Islands, Guam, and any other commonwealth, territory, 
or possession of the United States. 
"SEC. 303. SANCTUARY DESIGNATION STANDARDS. 
16 USC 1433. 
"(a) STANDARDS.—The Secretary may designate any discrete area 
of the marine environment as a national marine sanctuary and 
promulgate regulations implementing the designation if the 
Secretary— 
"(1) determines that the designation will fulfill the purposes 
and policies of this title; and 
"(2) finds that— 
"(A) the area is of special national significance due to its 
resource or human-use values; 
"(B) existing State and Federal authorities are inad-
equate to ensure coordinated and comprehensive conserva-
tion and management of the area, including resource 
protection, scientific research, and public education; 
"(C) designation of the area as a national marine sanctu-
ary, will facilitate the objectives in subparagraph (B); and 
"(D) the area is of a size and nature that will permit 
comprehensive 
and 
coordinated 
conservation 
and 
management. 
"(b) FACTORS AND CONSULTATIONS REQUIRED IN MAKING DETERMI-
NATIONS AND FINDINGS.— 
"(1) FACTORS.—For purposes of determining if an area of the 
marine environment meets the standards set forth in subsection 
(a), the Secretary shall consider— 
"(A) the area's natural resource and ecological qualities, 
including its contribution to biological productivity, mainte-
nance of ecosystem structure, maintenance of ecologically 
or commercially important or threatened species or species 
assemblages, and the biogeographic representation of the 
site; 
"(B) the area's historical, cultural, archaeological, or pale-
ontological significance; 
"(C) the present and potential uses of the area that 
depend on maintenance of the area's resources, including 
commercial and recreational fishing, subsistence uses. 
98 STAT. 2298 
PUBLIC LAW 98-498—OCT. 19, 1984 
other commercial and recreational activities, and research 
and education; 
"(D) the present and potential activities that may ad-
versely affect the factors identified in subparagraphs (A), 
(B),and(C); 
"(E) the existing State and Federal regulatory and man-
agement authorities applicable to the area and the ade-
quacy of those authorities to fulfill the purposes and poli-
cies of this title; 
"(F) the manageability of the area, including such factors 
as its size, its ability to be identified as a discrete ecological 
unit with definable boundaries, its accessibility, and its 
suitability for monitoring and enforcement activities; 
"(G) the public benefits to be derived from sanctuary 
status, with emphasis on the benefits of long-term protec-
tion of nationally significant resources, vital habitats, and 
resources which generate tourism; 
"(H) the negative impacts produced by management re-
strictions on income-generating activities such as living and 
nonliving resources development; and 
"(I) the socioeconomic effects of sanctuary designation. 
"(2) CONSULTATION.—In making determinations and findings, 
the Secretary shall consult with— 
"(A) the Committee on Merchant Marine and Fisheries of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate; 
"(B) the Secretaries of State, Defense, Transportation, 
and the Interior, the Administrator, and the heads of other 
interested Federal agencies; 
"(C) the responsible officials or relevant agency heads of 
the appropriate State and local government entities, includ-
ing coastal zone management agencies, that will or are 
likely to be affected by the establishment of the area as a 
national marine sanctuary; 
"(D) the appropriate officials of any Regional Fishery 
Management Council established by section 302 of the Mag-
nuson Act (16 U.S.C. 1852) that may be affected by the 
proposed designation; and 
"(E) other interested persons. 
"(3) RESOURCE ASSESSMENT REPORT.—In making determina-
tions and findings, the Secretary shall draft, as part of the 
environmental impact statement referred to in section 304(a)(1), 
a resource assessment report documenting present and poten-
tial uses of the area, including commercial and recreational 
fishing, research and education, minerals and energy develop-
ment, subsistence uses, and other commercial or recreational 
uses. The Secretary, in consultation with the Secretary of the 
Interior, shall draft a resource assessment section for the report 
regarding any commercial or recreational resource uses in the 
area under consideration that are subject to the primary juris-
diction of the Department of the Interior. 
16 use 1434. 
"SEC. 304. PROCEDURES FOR DESIGNATION AND IMPLEMENTATION. 
"(a) SANCTUARY PROPOSAL.— 
"(1) NOTICE.—In proposing to designate a national marine 
sanctuary, the Secretary shall— 
PUBLIC LAW 98-498—OCT. 19, 1984 
98 STAT. 2299 
"(A) issue, in the Federal Register, a notice of the pro-
posal, proposed regulations that may be necessary and 
reasonable to implement the proposal, and a summary of 
the draft management plan; 
"(B) provide notice of the proposal in newspapers of 
general circulation or electronic media in the communities 
that may be affected by the proposal; and 
"(C) on the same day the notice required by subparagraph 
(A) is issued, the Secretary shall submit to the Committee 
on Merchant Marine and Fisheries of the House of Repre-
sentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a prospectus on the proposal 
which shall contain— 
"(i) the terms of the proposed designation; 
"(ii) the basis of the findings made under section 
303(a) with respect to the area; 
"(iii) an assessment of the considerations under sec-
tion 303(b)(1); 
"(iv) proposed mechanisms to coordinate existing reg-
ulatory and management authorities within the area; 
"(v) the draft management plan detailing the pro-
posed goals and objectives, management responsibil-
ities, resource studies, interpretive and educational 
programs, and enforcement, including surveillance ac-
tivities for the area; 
"(vi) an estimate of the annual cost of the proposed 
designation, including costs of personnel, equipment 
and 
facilities, enforcement, 
research, and 
public 
education; 
"(vii) the draft environmental impact statement; 
"(viii) an evaluation of the advantages of cooperative 
State and Federal management if all or part of a 
proposed marine sanctuary is within the territorial 
limits of any State or is superjacent to the subsoil and 
seabed within the seaward boundary of a State, as that 
boundary is established under the Submerged Lands 
Act (43 U.S.C. 1301 et seq.); and 
"(ix) the proposed regulations referred to in subpara-
graph (A). 
"(2) 
ENVIRONMENTAL IMPACT STATEMENT.—The Secretary 
shall— 
"(A) prepare a draft environmental impact statement, as 
provided by the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), on the proposal that includes the 
resource assessment report required under section 303(b)(3), 
maps depicting the boundaries of the proposed designated 
area, and the existing and potential uses and resources of 
the area; and 
"(B) make copies of the draft environmental impact state-
ment available to the public. 
"(3) PUBLIC HEARING.—No sooner than thirty days after issu-
ing a notice under this subsection, the Secretary shall hold at 
least one public hearing in the coastal area or areas that will be 
most affected by the proposed designation of the area as a 
national marine sanctuary for the purpose of receiving the 
views of interested parties. 
Federal 
Register, 
publication. 
Public 
information. 
Public 
availability. 
98 STAT. 2300 
PUBLIC LAW 98-498—OCT. 19, 1984 
Federal 
Register, 
publication. 
Regulations. 
Public 
availability. 
Effective date. 
"(4) TERMS OF DESIGNATION.—The terms of designation of a 
sanctuary shall include the geographic area proposed to be 
included within the sanctuary, the characteristics of the area 
that give it conservation, recreational, ecological, historical, 
research, educational, or esthetic value, and the types of activi-
ties that will be subject to regulation by the Secretary to protect 
those characteristics. The terms of designation may be modified 
only by the same procedures by which the original designation 
is made. 
"(5) FISHING REGULATIONS.—The Secretary shall provide the 
appropriate Regional Fishery Management Council with the 
opportunity to prepare draft regulations for fishing within 
the United States Fishery Conservation Zone as the Council 
may deem necessary to implement the proposed designation. 
Draft regulations prepared by the Council, or a Council determi-
nation that regulations are not necessary pursuant to this 
paragraph, shall be accepted and issued as proposed regulations 
by the Secretary unless the Secretary finds that the Council's 
action fails to fulfill the purposes and policies of this title and 
the goals and objectives of the proposed ^signation. In prepar-
ing the draft regulations, a Regional Fishery Management 
Council shall use as guidance the national standards of section 
301(a) of the Magnuson Act (16 U.S.C. 1851) to the extent that 
the standards are consistent and compatible with the goals and 
objectives of the proposed designation. The Secretary shall pre-
pare the fishing regulations, if the Council declines to make a 
determination with respect to the need for regulations, makes a 
determination which is rejected by the Secretary, or fails to 
prepare the draft regulations in a timely manner. Any amend-
ments to the fishing regulations shall be drafted, approved, and 
issued in the same manner as the original regulations. 
"(6) COMMITTEE ACTION.—After receiving the prospectus 
under subsection (a)(1)(C), the Committee on Merchant Marine 
and Fisheries of the House of Representatives and the Commit-
tee on Commerce, Science, and Transportation of the Senate 
may each hold hearings on the proposed designation and on the 
matters set forth in the prospectus. If within the forty-five day 
period of continuous session of Congress beginning on the date 
of submission of the prospectus, either Committee issues a 
report concerning matters addressed in the prospectus, the 
Secretary shall consider this report before publishing a notice to 
designate the national marine sanctuary. 
'(b) TAKING EFFECT OF DESIGNATIONS.— 
"(1) NOTICE.—In designating a national marine sanctuary, 
the Secretary shall publish in the Federal Register notice of the 
designation together with final regulations to implement the 
designation and any other matters required by law, and submit 
such notice to the Congress. The Secretary shall advise the 
public of the availability of the final management plan and the 
final environmental impact statement with respect to such 
sanctuary. No notice of designation may occur until the expira-
tion of the period for Committee action under subsection (a)(6). 
The designation (and any of its terms not disapproved under 
this subsection) and regulations shall take effect and become 
final after the close of a review period of forty-five days of 
continuous session of Congress beginning on the day on which 
such notice is published unless— 
PUBLIC LAW 98-498—OCT. 19, 1984 
98 STAT. 2301 
"(A) the designation or any of its terms is disapproved by 
enactment of a joint resolution of disapproval described in 
paragraph (3); or 
"(B) in the case of a natural marine sanctuary that is 
located partially or entirely within the seaward boundary 
of any State, the Governor affected certifies to the Secre-
tary that the designation or any of its terms is unaccept-
able, in which case the designation or the unacceptable 
term shall not take effect in the area of the sanctuary lying 
within the seaward boundary of the State. 
"(2) WITHDRAWAL OF DESIGNATION.—If the Secretary considers 
that actions taken under paragraph (1) (A) or (B) will affect the 
designation of a national marine sanctuary in a manner that 
the goals and objectives of the sanctuary cannot be fulfilled, the 
Secretary may withdraw the entire designation. If the Secretary 
does not withdraw the designation, only those terms of the 
designation not disapproved under paragraph (1)(A) or not certi-
fied under paragraph (1)(B) shall take effect. 
"(3) RESOLUTION OF DISAPPROVAL.—For the purposes of this 
subsection, the term 'resolution of disapproval' means a joint 
resolution which states after the resolving clause the following: 
'That the Congress disapproves the national marine sanctuary 
designation entitled 
that was submitted to Con-
gress by the Secretary of Commerce on 
.', the first 
blank space being filled with the title of the designation and the 
second blank space being filled with the date on which the 
notice was submitted to Congress. In the event that the disap-
proval is addressed to one or more terms of the designation, the 
joint resolution shall state after the resolving clause the follow-
ing: 'That the Congress approves the national marine sanctuary 
designation entitled 
that was submitted to Con-
gress by the Secretary of Commerce on 
but disapproves 
the following terms of such designation: 
.', the first 
blank space being filled with the title of the designation, the 
second blank space being filled with the date on which the 
notice was submitted to Congress, and the third blank space 
referencing each term of the designation which is disapproved. 
"(4) PROCEDURES.— 
"(A) In computing the forty-five-day periods of continuous 
session of Congress pursuant to subsection (a)(6) and para-
graph (1) of this subsection— 
"(i) continuity of session is broken only by an 
adjournment of Congress sine die; and 
'(ii) the days on which either House of Congress is 
not in session because of an adjournment of more than 
three days to a day certain are excluded. 
"(B) When the committee to which a joint resolution has 
been referred has reported such a resolution, it shall at any 
time thereafter be in order to move to proceed to the 
consideration of the resolution. The motion shall be privi-
leged and shall not be debatable. An amendment to the 
motion shall not be in order, and it shall not be in order to 
move to reconsider the vote by which the motion was 
agreed to or disagreed to. 
"(C) This subsection is enacted by Congress as an exercise 
of the rulemaking power of each House of Congress, respec-
tively, and as such is deemed a part of the rules of each 
98 STAT. 2302 
PUBLIC LAW 98-498—OCT. 19, 1984 
House, respectively, but applicable only with respect to the 
procedure to be followed in the case of resolutions described 
in this subsection. This subsection supersedes other rules 
only to the extent that they are inconsistent therewith, and 
is enacted with full recognition of the constitutional right of 
either House to change the rules (so far as those relate to 
the procedure of that House) at any time, in the same 
manner, and to the same extent as in the case of any other 
rule of such House. 
"(c) ACCESS AND VALID RIGHTS.— 
"(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 if the 
lease, permit, license, or right— 
"(A) was in existence on the date of enactment of the 
Marine Sanctuaries Amendments of 1984, with respect to 
any national marine sanctuary designated before that date; 
or 
"(B) is in existence on the date of designation of any 
national marine sanctuary, with respect to any national 
marine sanctuary designated after the date of enactment of 
the Marine Sanctuaries Amendments of 1984. 
"(2) The exercise of a lease, permit, license, or right is subject 
to regulation by the Secretary consistent with the purposes for 
which the sanctuary is designated. 
16 use 1435. 
SEC. 30.5. APPLICATION OF REGULATIONS AND INTERNATIONAL NEGOTIA-
TIONS. 
"(a) REGULATIONS.—The regulations issued under section 304 shall 
be applied in accordance with generally recognized principles of 
international law, and in accordance with treaties, conventions, and 
other agreements to which the United States is a party. No regula-
tion shall apply to a person who is not a citizen, national, or resident 
alien of the United States, unless in accordance with— 
"(1) generally recognized principles of international law; 
"(2) an agreement between the United States and the foreign 
state of which the person is a citizen; or 
"(3) an agreement between the United States and the flag 
state of a foreign vessel, if the person is a crewmember of the 
vessel. 
"(b) NEGOTIATIONS.—The Secretary of State, in consultation with 
the Secretary, shall take appropriate action to enter into negotia-
tions with other governments to make necessary arrangements for 
the protection of any national marine sanctuary and to promote the 
purposes for which the sanctuary is established. 
16 use 1436. 
"SEC. 306. RESEARCH AND EDUCATION. 
"The Secretary shall conduct research and educational programs 
as are necessary and reasonable to carry out the purposes and 
policies of this title. 
16 use 1437. 
"SEC. 307. ENFORCEMENT. 
"(a) IN GENERAL.—The Secretary shall conduct such enforcement 
activities as are necessary and reasonable to carry out this title. The 
Secretary shall, whenever appropriate, utilize by agreement the 
personnel, services, and facilities of other Federal departments. 
PUBLIC LAW 98-498—OCT. 19, 1984 
98 STAT. 2303 
agencies, and instrumentalities on a reimbursable basis in carrying 
out the Secretary's responsibilities under this title. 
"(b) CIVIL PENALTIES.— 
"(1) CIVIL PENALTY.—Any person subject to the jurisdiction of 
the United States who violates any regulation issued under this 
title shall be liable to the United States for a civil penalty of not 
more than $50,000 for each such violation, to be assessed by the 
Secretary. Each day of a continuing violation shall constitute a 
separate violation. 
"(2) NOTICE.—No penalty shall be assessed under this subsec-
tion until the person charged has been given notice and an 
opportunity to be heard. Upon failure of the offending party to 
pay an assessed penalty, the Attorney General, at the request of 
the Secretary, shall commence action in the appropriate district 
court of the United States to collect the penalty and to seek 
such other relief as may be appropriate. 
"(3) IN REM JURISDICTION.—A vessel used in the violation of a 
regulation issued under this title shall be liable in rem for any 
civil penalty assessed for such violation and may be proceeded 
against in any district court of the United States having juris-
diction thereof. 
"(c) JURISDICTION.—The district courts of the United States shall 
have jurisdiction to restrain a violation of the regulations issued 
under this title, and to grant such other relief as may be appropri-
ate. Actions shall be brought by the Attorney General in the name 
of the United States. The Attorney General may bring suit either on 
the Attorney General's own initiative or at the request of the 
Secretary. 
"SEC. 308. AUTHORIZATION OF APPROPRIATIONS. 
"To carry out this title, there are authorized to be appropriated: 
"(1) $3,000,000 for fiscal year 1985. 
"(2) $3,300,000 for fiscal year 1986. 
"(3) $3,600,000 for fiscal year 1987. 
"(4) $3,900,000 for fiscal year 1988. 
"SEC. 309. SEVERABILITY. 
"If any provision of this Act or the application thereof to any 
person or circumstances is held invalid, the validity of the remain-
der of this Act and of the application of such provision to other 
persons and circumstances shall not be affected thereby.". 
TITLE II—MARINE SAFETY 
Courts, U.S. 
16 use 1438. 
16 use 1439. 
SUBTITLE A—INSPECTION AND REPORTING REQUIREMENTS 
SEC. 210. This subtitle may be cited as the "Maritime Safety Act of 
1984". 
SEC. 211. (a) Section 3309 of title 46,. United States Code, is 
amended by adding at the end: 
"(c) At least 30 days (but not more than 60 days) before the 
current certificate of inspection issued to a vessel under subsection 
(a) of this section expires, the owner, charterer, managing operator, 
agent, master, or individual in charge of the vessel shall submit to 
the Secretary in writing a notice that the vessel— 
"(1) will be required to be inspected; or 
"(2) will not be operated so as to require an inspection.". 
Maritime 
Safety Act of 
1984. 
Vessels. 
46 use 3301 
note. 
98 STAT. 2304 
PUBLIC LAW 98-498—OCT. 19, 1984 
(b) Section 3311 of title 46, United Stated! Code, is amended by— 
(1) striking "A vessel" and substituting "(a) Except as pro-
vided in subsection (b), a vessel"; 
(2) striking the word "valid"; and 
(3) inserting at the end the following: 
"(b) The Secretary may direct the owner, charterer, managing 
operator, agent, master, or individual in charge of a vessel subject to 
inspection under this chapter and not having on board a certificate 
of inspection— 
"(1) to have the vessel proceed to mooring and remain there 
until a certificate of inspection is issued; 
"(2) to take immediate steps necessary for the safety of the 
vessel, individuals on board the vessel, or the environment; or 
"(3) to have the vessel proceed to a place to make repairs 
necessary to obtain a certificate of inspection.". 
(c) Section 3318 of title 46, United States Code, is amended as 
follows: 
(1) Subsection (a) is amended by— 
(A) striking "The" the first time it appears and substitut-
ing "Except as otherwise provided in this part, the"; and 
(B) striking "$1,000, except that when the violation in-
volves operation of a barge, the penalty is $500.", and 
substituting "not more than $5,000.". 
(2) Subsection (c) is amended by striking "$2,000," and substi-
tuting "$5,000,". 
(3) Subsection (d) is amended by striking "$2,000," and substi-
tuting "$5,000,". 
(4) Subsection (e) is amended by striking "$2,000," and substi-
tuting "$10,000,". 
(5) Subsection (f) is amended by striking "$5,000," and substi-
tuting "$10,000,". 
(6) Subsection (g) is amended by striking "shall be fined not 
more than $10,000, imprisoned for not more than one year, or 
both," and substituting "is liable to the Government for a civil 
penalty of not more than $5,000,". 
(7) Subsection (h) is amended by striking "United States 
Government for a civil penalty of not more than $500." and 
substituting "Government for a civil penalty of not more than 
$1,000.". 
(8) At the end add the following: 
"(i) A person violating section 3309(c) of this title is liable to the 
Government for a civil penalty of not more than $1,000. 
"(j)(l) An owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel required to be inspected under this 
chapter operating the vessel without the certificate of inspection is 
liable to the Government for a civil penalty of not more than $10,000 
for each day during which the violation occurs, except when the 
violation involves operation of a vessel of less than 1,600 gross tons, 
the penalty is not more than $2,000 for each day during which the 
violation occurs. The vessel also is liable in rem for the penalty. 
"(2) A person is not liable for a penalty under this subsection if— 
"(A) the owner, charterer, managing operator, agent, master, 
or individual in charge of the vessel has notified the Secretary 
under section 3309(c) of this title; 
"(B) the owner, charterer, managing operator, agent, master, 
or individual in charge of the vessel has complied with all other 
PUBLIC LAW 98-498—OCT. 19, 1984 
98 STAT. 2305 
directions and requirements for obtaining an inspection under 
this part; and 
"(C) the Secretary believes that unforeseen circumstances 
exist so that it is not feasible to conduct a scheduled inspection 
before the expiration of the certificate of inspection. 
"(k) The owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel failing to comply with a direction 
issued by the Secretary under section 3311(b) of this title is liable to 
the Government for a civil penalty of not more than $10,000 for each 
day during which the violation occurs. The vessel also is liable in 
rem for the penalty. 
"(1) A person committing an act described by subsections (b)-(f) of 
this section is liable to the Government for a civil penalty of not 
more than $5,000. If the violation involves the operation of a vessel, 
the vessel also is liable in rem for the penalty.". 
SEC. 212. (a) Chapter 23 of title 46, United States Code is amended 
as follows: 
(1) At the end of the chapter analysis, add the following: 
"2306. Vessel reporting requirements.". 
(2) In section 2301, strike "This chapter" and substitute 
"Except as provided in section 2306 of this title, this chapter". 
(3) Add at the end the following: 
"§ 2306. Vessel reporting requirements 
46 use 2306. 
"(a)(1) An owner, charterer, managing operator, or agent of a 
vessel of the United States, having reason to believe (because of lack 
of communication with or nonappearance of a vessel or any other 
incident) that the vessel may have been lost or imperiled, immedi-
ately shall— 
"(A) notify the Coast Guard; and 
"(B) use all available means to determine the status of the 
vessel. 
"(2) When more than 48 hours have passed since the owner, 
charterer, managing operator, or agent of a vessel required to report 
to the United States Flag Merchant Vessel Location Filing System 
under authority of section 212(A) of the Merchant Marine Act, 1936 
(46 App. U.S.C. 1122a), has received a communication from the 
vessel, the owner, charterer, managing operator, or agent immedi-
ately shall— 
"(A) notify the Coast Guard; and 
"(B) use all available means to determine the status of the 
vessel. 
"(3) A person notifying the Coast Guard under paragraph (1) or (2) 
of this subsection shall provide the name and identification number 
of the vessel, the names of individuals on board, and other infor-
mation that may be requested by the Coast Guard. The owner, 
charterer, managing operator, or agent also shall submit written 
confirmation to the Coast Guard within 24 hours after nonwritten 
notification to the Coast Guard under those paragraphs. 
"(4) An owner, charterer, managing operator, or agent violating 
this subsection is liable to the United States Government for a civil 
penalty of not more than $5,000 for each day during which the 
violation occurs. 
"(b)(1) The master of a vessel of the United States required to 
report to the System shall report to the owner, charterer, managing 
operator, or agent at least once every 48 hours. 
98 STAT. 2306 
PUBLIC LAW 98-498—OCT. 19, 1984 
Effective date. 
46 u s e app. 183 
note. 
Effective date. 
46 u s e 2306 
note. 
Report. 
"(2) A master violating this subsection is liable to the Government 
for a civil penalty of not more than $1,000 for each day during which 
the violation occurs. 
"(c) The Secretary may prescribe regulations to carry out this 
section.". 
(b)(1) Section 6101 of title 46, United States Code, is amended— 
(A) in subsection (a), by striking "and incidents"; and 
(B) by striking subsection (c). 
(2) Section 6103 of title 46, United States Code, is amended by 
striking "or incident". 
SEC. 213. (a) Subsection (b) of section 4283 of the Revised Statutes 
of the United States (46 App. U.S.C. 183(b)) is amended by striking 
out "$60" each place it appears and inserting in lieu thereof "$420". 
(b) The amendment made by subsection (a) shall apply to incidents 
occurring after the date of enactment of this Act. 
SEC. 214. Sections 211(a) and 212 of this subtitle are effective one 
hundred and eighty days after the date of enactment of this Act. 
SUBTITLE B—RECREATIONAL DIVING SAFETY 
SEC. 220. (a) Within one hundred and eighty days after the date of 
enactment of this section, the Rules of the Road Advisory Council 
and the National Boating Safety Advisory Council shall report to 
the Secretary of the department in which the Coast Guard is 
operating recommendations regarding the need for the display of a 
divers flag (traditionally recognized as a bright or fluorescent red 
flag having a diagonal white stripe) or any other signal, if appropri-
ate, to promote safety in recreational diving operations and naviga-
tion under the jurisdiction of the United States. In developing the 
recommendations, the Councils shall consider, as a minimum: visi-
bility requirements; restriction of diver and vessel operations in a 
diving area; adequacy of, and conformity with, the laws of the States 
and international practice and with the laws of the United States 
governing navigation safety; appropriate penalties; and the views of 
the recreational diving community. 
(b) Within one year after the date of enactment of this section, the 
Secretary of the department in which the Coast Guard is operating 
shall transmit to Congress the recommendations required under 
subsection (a) of this section and the Secretary's evaluation and 
recommendations for recreational diving safety and, as appropriate, 
proposed legislation to implement those recommendations. 
TITLE III—NOAA CORPS 
SUBTITLE A—HEALTH CARE 
SEC. 310. (a) Section 3 of the Act of December 31, 1970 (33 U.S.C. 
857-3) is amended by adding "(a)" after "SEC. 3." and by adding at 
the end the following new subsection: 
"(b) The Secretary may provide medical and dental care, including 
care in private facilities, for personnel of the Administration enti-
tled to that care by law or regulation.". 
(b) The matter before subsection (b) in the first section of the Act 
of July 19, 1963 (42 U.S.C. 253a(a)), is amended by striking "at 
facilities of the Public Health Service: Provided, That" and inserting 
in lieu thereof "by the Public Health Service if. 
PUBLIC LAW 98-498—OCT. 19, 1984 
98 STAT. 2307 
(c) The first sentence of subsection (b) of the first section of that 
Act (42 U.S.C. 253a(b)) is amended— 
(1) by striking "at its hospitals and rehef stations"; and 
(2) by striking "at hospitals of the Public Health Service: 
Provided, That" and inserting in lieu thereof "by the Public 
Health Service if. 
SUBTITLE B—PERSONNEL PROVISIONS 
SEC. 320. (a)(1) Sections 8 and 9 of the Coast and Geodetic Survey Government 
Commissioned Officers' Act of 1948 (33 U.S.C 853g, 853h) are organization and 
amended to read as follows: 
employees. 
"SEC. 8. (a) As recommended by the personnel board— 
"(1) an officer in the permanent grade of captain or com-
mander may be transferred to the retired list; and 
"(2) an officer in the permanent grade of lieutenant com-
mander, lieutenant, or lieutenant (junior grade) who is not 
qualified for retirement may be separated from the service. 
"(b) In any fiscal year, the total number of officers selected for 
retirement or separation under subsection (a) plus the number of 
officers retired for age may not exceed the whole number nearest 
four percent of the total number of officers authorized to be on the 
active list, except as otherwise provided by law. 
"(c) Any retirement or separation under subsection (a) shall take 
effect on the first day of the sixth month beginning after the date on 
which the Secretary of Commerce approves the retirement or 
separation, except that if the officer concerned requests earlier 
retirement or separation, the date shall be as determined by the 
Secretary. 
"SEC. 9. (a) An officer who is separated under section 8 and who 
has completed more than three years of continuous active service 
immediately before that separation is entitled to separation pay 
computed under subsection (b) unless the Secretary of Commerce 
determines that the conditions under which the officer is separated 
do not warrant payment of that pay. 
"(b)(1) In the case of an officer who has completed five or more 
years of continuous active service immediately before that separa-
tion, the amount of separation pay which may be paid to the officer 
under this section is 10 percent of the product of (A) the years of 
active service creditable to the officer, and (B) twelve times the 
monthly basic pay to which the officer was entitled at the time of 
separation, or $30,000, whichever is less. 
"(2) In the case of an officer who has completed three but fewer 
than five years of continuous active service immediately before that 
separation, the amount of separation pay which may be paid to the 
officer under this section is one-half of the amount computed under 
paragraph (1), but in no event more than $15,000. 
"(c) In determining an officer's years of active service for the 
purpose of computing separation pay under this section, each full 
month of service that is in addition to the number of full years of 
service creditable to the officer is counted as one-twelfth of a year 
and any remaining fractional part of a month is disregarded. 
"(d)(1) A period for which an officer has previously received 
separation pay, severance pay, or readjustment pay under any other 
provision of law based on service in a uniformed service may not be 
included in determining the years of creditable service that may be 
98 STAT. 2308 
PUBLIC LAW 98-498—OCT. 19, 1984 
counted in computing the separation pay of the officer under this 
section. 
"(2) The total amount that an officer may receive in separation 
pay under this section and separation pay, severance pay, and 
readjustment pay under any other provision of law based on service 
in a uniformed service may not exceed $30,000. 
"(e)(1) An officer who has received separation pay under this 
section, or separation pay, severance pay, or readjustment pay 
under any other provision of law, based on service in a uniformed 
service and who later qualifies for retired pay under this Act shall 
have deducted from each payment of retired pay so much of that pay 
as is based on the service for which the officer received that separa-
tion pay, severance pay, or readjustment pay until the total amount 
deducted is equal to the total amount of separation pay, severance 
pay, and readjustment pay received. 
"(2) An officer who has received separation pay under this section 
may not be deprived, by reason of receipt of that pay, of any 
disability compensation to which the officer is entitled under the 
laws administered by the Veterans' Administration, but there shall 
be deducted from that disability compensation an amount equal to 
the total amount of separation pay received. Notwithstanding the 
preceding sentence, no deduction may be made from disability 
compensation for the amount of separation pay received because of 
an earlier discharge, separation, or release from a period of active 
duty if the disability which is the basis for that disability compensa-
tion was incurred or aggravated during a later period of active 
duty.". 
(2) Section 1174(h)(1) of title 10, United States Code, is amended by 
striking out "severance pay" the first and second place it appears 
and inserting in lieu thereof "separation pay, severance pay,". 
Ot)) Section 12(c) of the Coast and Geodetic Survey Commissioned 
Officers' Act of 1948 (33 U.S.C. 853j-l(c)) is amended— 
(1) by striking out "deemed necessary or desirable" and 
inserting in lieu thereof "determined"; 
(2) by striking out "alone provided" and inserting in lieu 
thereof "alone. Any"; 
(3) by striking out "will terminate" and inserting in lieu 
thereof "terminates"; and 
(4) by striking out "assignment," and all that follows and 
inserting in lieu thereof "assignment.". 
(cXD The Coast and Geodetic Survey Commissioned Officers' Act 
of 1948 (33 U.S.C. 853a et seq.) is amended by adding at the end 
thereof the following new section: 
33 use 853u. 
"SEC. 24. (a) The Secretary may designate positions in the Admin-
istration as being positions of importance and responsibility for 
which it is appropriate that commissioned officers of the Adminis-
tration, if serving in those positions, serve in the grade of vice 
admiral, rear admiral, or commodore as designated by the Secretary 
for each position, and may assign officers to those positions. An 
officer assigned to any position under this section has the grade 
designated for that position if appointed to that grade by the 
President, by and with the advice and consent of the Senate. 
"(b) The number of officers serving on active duty under appoint-
ments under this section may not exceed— 
"(1) one in the grade of vice admiral; 
"(2) three in the grade of rear admiral; and 
"(3) three in the grade of commodore. 
PUBLIC LAW 98-498—OCT. 19, 1984 
98 STAT. 2309 
"(c) An officer appointed to a grade under this section, while 
serving in that grade, shall have the pay and allowances of the 
grade to which appointed. 
"(d) An appointment of an officer under this section— 
"(1) does not vacate the permanent grade held by the officer; 
and 
"(2) creates a vacancy on the active list. 
"(e) The provisions of section 2(g) of Reorganization Plan Num-
bered 4 of 1970 (84 Stat. 2090, 5 U.S.C. App.) apply to an officer who 
serves in a grade above captain under an appointment under this 
section in the same manner as if the officer served in that grade 
under section 2(d) or 2(f) of that Reorganization Plan.". 
(2) After the date of the enactment of this Act, no appointment of 
a commissioned officer may be made under section 2(d) or 2(f) of 
Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090, 5 U.S.C. 
App.). 
(3) Effective as of December 28, 1977, section 3(a)(1) of Public Law 
95-219 is amended by striking out "Section 2" and inserting in lieu 
thereof "Section 2(e)'\ 
(4)(A) An officer of the commissioned corps of the National 
Oceanic and Atmospheric Administration who on the day before the 
date of the enactment of this Act was carried on active duty in the 
grade of rear admiral and was receiving the basic pay of a rear 
admiral of the upper half shall after that date be serving in the 
grade of rear admiral. 
(B) An officer who on the day before the date of the enactment of 
this Act was serving on active duty in the grade of rear admiral and 
was receiving the basic pay of a rear admiral of the lower half shall 
after that date be serving in the grade of commodore, but shall 
(while serving in that grade) retain the title of rear admiral and be 
entitled to wear the uniform and insignia of a rear admiral. 
(C) An officer who on the date before the date of the enactment of 
this Act held the grade of rear admiral on the retired list retains the 
grade of rear admiral and is entitled to wear the uniform and 
insignia of a rear admiral. 
33 u s e 853u 
note. 
Effective date. 
5 u s e app.; 
15 use 
1511 note. 
33 u s e 853u 
note. 
TITLE IV—FISHERIES 
SUBTITLE A—PACIFIC FISHERIES DEVELOPMENT FOUNDATION 
SEC. 410. Section 2 of the Central, Western, and South Pacific 
Fisheries Development Act (Public Law 92-444; 16 U.S.C. 758e) is 
amended by striking out "Pacific Tuna Development Foundation" 
and inserting in lieu thereof "Pacific Fisheries Development 
Foundation". 
SUBTITLE B—FISHERMEN'S CONTINGENCY FUND 
SEC. 420. Title IV of the Outer Continental Shelf Lands Act 
Amendments of 1978 (43 U.S.C. 1841 et seq.) is amended— 
(1) by striking in section 403(aXl) ' limitation on" and substi-
tuting "limitation of not less than 90 days on"; 
(2) by striking out "25 per centum" in section 403(cXl) and 
inserting in lieu thereof "50 percent"; 
(3) by striking out ", except" and all that follows thereafter in 
section 405(a) and inserting in lieu thereof "under subsection 
(dXl)."; and 
43 u s e 1843. 
43 u s e 1845. 
98 STAT. 2310 
PUBLIC LAW 98-498—OCT. 19, 1984 
43 use 1845. 
(4) by inserting "time," before "form" in section 405(dXl). 
SUBTITLE C—FISHERIES LOAN FUND 
SEC. 430. The Fish and WildHfe Act of 1956 (16 U.S.C. 742a et seq.) 
is amended— 
(1) by striking out "September 30, 1984" each place it appears 
16 use 742c. 
in section 4(c) and inserting in lieu thereof "September 30, 
1986"; and 
16 use 742f. 
(2) by striking out "1982,1983, and 1984." in section 7(cX6) and 
inserting in lieu thereof "1982, 1983, 1984, 1985, and 1986.". 
SEC. 431. Section 221(a) of the American Fisheries Promotion Act 
(16 U.S.C. 742c note) is amended— 
(1) by amending subsection (a)— 
(A) by amending the side heading to read as follows: 
"LOAN AUTHORITY.—", and 
(B) by striking out "September 30, 1984" and inserting in 
lieu thereof "September 30,1986"; 
(2) by amending subsection (b)— 
(A) by striking out "each of fiscal years 1982, 1983, 1984," 
in paragraph (2)(A) and inserting in lieu thereof "each of 
fiscal years 1982,1983,1984,1985, and 1986,", and 
(B) by striking out "1981, 1982, 1983, and 1984" in para-
graph (2)(C) and inserting in lieu thereof "1981, 1982, 1983, 
1984,1985, and 1986"; and 
(3) by striking out "any of fiscal years 1981, 1982, 1983, and 
1984," in subsection (c)(1) and inserting in lieu thereof "any of 
fiscal years 1981,1982,1983,1984,1985, and 1986,". 
Securities. 
SEC. 432. All moneys in the Fisheries Loan Fund established 
16 use 742C-1. 
under Section 4 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742c), 
as amended, shall be invested by the Secretary of Commerce in 
obligations of the United States, except so much as shall be cur-
rently needed for loans or administrative expenses authorized under 
the Fisheries Loan Fund. All accrued proceeds from such invest-
ment shall be, subject to amounts provided in advance by appropria-
tions, credited by the Secretary of the Treasury to the debt of the 
Secretary of Commerce incurred under section 1105(d) of the Mer-
chant Marine Act, 1936 (46 U.S.C. 1275), as amended, in connection 
with fisheries financing under title XI of the Merchant Marine Act, 
1936 (46 U.S.C. 1271-1280), as amended, for so long as such debt 
exists. All accrued proceeds from such investment, after such debt 
has been liquidated, shall be, subject to amounts provided in ad-
vance by appropriations, credited to the fisheries portion of the 
Federal Ship Financing Fund established under section 1102 of the 
Merchant Marine Act, 1936 (46 U.S.C. 1272), as amended, and used 
for the fisheries purposes provided in title XI of the Merchant 
Marine Act, 1936 (46 U.S.C. 1271-1280), as amended. 
SUBTITLE 
D—GOVERNING 
INTERNATIONAL 
FISHERY 
AGREEMENT 
WITH THE HOME GOVERNMENT OF THE FAROE ISLANDS AND THE 
GOVERNMENT OF DENMARK 
16 use 1823 
SEC. 440. Notwithstanding section 203 of the Magnuson Fishery 
note. 
Conservation and Management Act of 1976, the Governing Interna-
tional Fishery Agreement between the Government of the United 
States of America of the One Part and the Home Government of the 
Faroe Islands and the Government of Denmark of the Other Part 
PUBLIC LAW 98-498—OCT. 19, 1984 
98 STAT. 2311 
Concerning Faroese Fishing in Fisheries Off the Coasts of the 
United States, as contained in the message to Congress from the 
President of the United States dated July 13,1984— 
(1) is approved by Congress as a governing international 
fishery agreement for purposes of that Act; and 
(2) may enter into force with respect to the United States in 
accordance with the terms of Article XVI of the Agreement 
following the enactment of this title, 
TITLE V—VESSELS 
SEC. 
510. 
Notwithstanding 
sections 
12105(d), 
12106(a)(2), 
12107(a)(2), and 12108(a)(2) of title 46, United States Code, and 
section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 833), as 
applicable, the Secretary of the department in which the Coast 
Guard is operating may issue certificates of documentation for the 
following vessels— 
(a) Wingaway, official number 654146; 
(b) Endless Summer, official number 296259; 
(c) Muskegon Clipper, official number 252908; 
(d) Scuba King, official number 532376; 
(e) Ululani, official number 239729; 
(f) No Slack, official number 587630; and 
(g) La Jolie, Michigan registration number MC2780LB. 
Approved October 19, 1984. 
LEGISLATIVE HISTORY—S. 1102: 
SENATE REPORT No. 98-280 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 129 (1983): Nov. 18, considered and passed Senate. 
Vol. 130 (1984): Sept. 14, considered and passed House, amended. 
Oct. 2, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): 
Oct. 19, Presidential statement.