A bill approving the governing international fishery agreements with Iceland and the European Economic Community.
PL 98-623 (H.R.6342), enacted 11/08/1984

98 STAT. 3394 
PUBLIC LAW 98-623—NOV. 8, 1984 
Public Law 98-623 
98th Congress 
An Act 
Nov 8 1984 
'^° approve governing international fishery agreements with Iceland and the EEC; to 
' 
establish national standards for artificial reefs; to implement the Convention on 
[H.R. 6342] 
tjje Conservation of Antarctic Marine Living Resources; and for the other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—APPROVAL OF GOVERNING INTERNATIONAL 
FISHERY AGREEMENTS WITH ICELAND AND THE EEC 
16 use 1823 
Notwithstanding section 203 of the Magnuson Fishery Conserva-
note. 
tion and Management Act (16 U.S.C. 1823)— 
(1) the governing international fishery agreement between 
the Government of the United States and the European Eco-
nomic Community Concerning Fisheries Off the Coasts of the 
United States, as contained in the Message to Congress from the 
President of the United States dated August 27, 1984, is hereby 
approved by Congress as a governing international fishery 
agreement for purposes of that Act, and may enter into force 
with respect to the United States in accordance with the terms 
of Article XIX of the agreement after the date of the enactment 
of this title, upon signature of the agreement by both parties; 
and 
(2) the governing international fishery agreement between 
the Government of the United States and the Government of 
the Republic of Iceland Concerning Fisheries Off the Coasts of 
the United States, as contained in the message to Congress from 
the President of the United States dated September 29, 1984, is 
hereby approved by Congress as a governing international fish-
ery agreement for purposes of that Act, and may enter into 
force with respect to the United States in accordance with the 
terms of Article XVI of the agreement after the date of the 
enactment of this title. 
National Fishing 
TITLE II—ARTIFICIAL REEFS 
Enhancement 
33^USC 2101 
^^^' ^^^' ^^^^"^ TITLE. 
note. 
This title may be cited as the "National Fishing Enhancement Act 
of 1984". 
33 u s e 2101. 
SEC. 202. FINDINGS AND CONCLUSIONS. 
(a) FINDINGS.—The Congress finds that— 
(1) although fishery products provide an important source of 
protein and industrial products for United States consumption. 
United States fishery production annually falls far short of 
satisfying United States demand; 
(2) overfishing and the degradation of vital fishery resource 
habitats have caused a reduction in the abundance and diver-
sity of United States fishery resources; 
PUBLIC LAW 98-623—NOV. 8, 1984 
98 STAT. 3395 
(3) escalated energy costs have had a negative effect on the Energy. 
economics of United States commercial and 
recreational 
fisheries; 
(4) commercial and recreational fisheries are a prominent 
factor" in United States coastal economies and the direct and 
indirect returns to the United States economy from commercial 
and recreational fishing expenditures are threefold; and 
(5) properly designed, constructed, and located artificial reefs 
in waters covered under this title can enhance the habitat and 
diversity of fishery resources; enhance United States recrea-
tional and commercial fishing opportunities; increase the pro-
duction of fishery products in the United States; increase the 
energy efficiency of recreational and commercial fisheries; and 
contribute to the United States and coastal economies. 
(b) PURPOSE.—The purpose of this title is to promote and facilitate 
responsible and effective efforts to establish artificial reefs in waters 
covered under this title. 
SEC. 203. ESTABLISHMENT OF STANDARDS. 
33 USC 2102. 
Based on the best scientific information available, artificial reefs Water. 
in waters covered under this title shall be sited and constructed, and 
subsequently monitored and managed in a manner which will— 
(1) enhance fishery resources to the maximum extent 
practicable; 
(2) facilitate access and utilization by United States recre-
ational and commercial fishermen; 
(3) minimize conflicts among competing uses of waters cov-
ered under this title and the resources in such waters; 
(4) minimize environmental risks and risks to personal health 
Pollution. 
and property; and 
(5) be consistent with generally accepted principles of interna-
tional law and shall not create any unresisonable obstruction to 
navigation. 
SEC. 204. NATIONAL ARTIFICIAL REEF PLAN. 
33 USC 2103. 
Not later than one year after the date of enactment of this title, 
the Secretary of Commerce, in consultation with the Secretary of 
the Interior, the Secretary of Defense, the Administrator of the 
Environmental Protection Agency, the Secretary of the Department 
in which the Coast Guard is operating, the Regional Fishery Manag-
ment Councils, interested States, Interstate Fishery Commissions, 
and representatives of the private sector, shall develop and publish 
a long-term plan which will meet the purpose of this title and be 
consistent with the standards established under section 203. The 
plan must include— 
(1) geographic, hydrographic, geologic, biological, ecological, Research and 
social, economic, and other criteria for siting artificial reefs; development. 
(2) design, material, and other criteria for constructing artifi-
cial reefs; 
(3) mechanisms and methodologies for monitoring the compli-
ance of artificial reefs with the requirements of permits issued 
under section 205; 
(4) mechanisms and methodologies for managing the use of 
artificial reefs; 
(5) a synopsis of existing information on artificial reefs and 
needs for further research on artificial reef technology and 
management strategies; and 
98 STAT. 3396 
PUBLIC LAW 98-623—NOV. 8, 1984 
Taxes. 
33 use 2104. 
Pollution. 
33 use 403. 
33 use 1344. 
43 use 1333. 
State and local 
governments. 
Pollution. 
33 use 1342. 
(6) an evaluation of alternatives for facilitating the transfer of 
artificial reef construction materials to persons holding permits 
issued pursuant to section 205, including, but not limited to, 
credits for environmental 
mitigation 
and modified tax 
obligations. 
SEC. 205. PERMITS FOR THE CONSTRUCTION AND MANAGEMENT OF ARTI-
FICIAL REEFS. 
(a) SECRETARIAL ACTION ON PERMITS.—In issuing a permit for 
artificial reefs under section 10 of the Rivers and Harbors Act of 
1899, section 404 of the Federal Water Pollution Control Act, or 
section 4(e) of the Outer Continental Shelf Lands Act, the Secretary 
of the Army (hereinafter in this section referred to as the "Secre-
tary") shall— 
(1) consult with and consider the views of appropriate Federal 
agencies. States, local governments, and other interested 
parties; 
(2) ensure that the provisions for siting, constructing, moni-
toring, and managing the artificial reef are consistent with the 
criteria and standards established under this title; 
(3) ensure that the title to the artificial reef construction 
material is unambiguous, and that responsibility for mainte-
nance and the financial ability to assume liability for future 
damages are clearly established; and 
(4) consider the plan developed under section 204 and notify 
the Secretary of Commerce of any need to deviate from that 
plan. 
(b) TERMS AND CONDITIONS OF PERMITS.—(1) Each permit issued by 
the Secretary subject to this section shall specify the design and 
location for construction of the artificial reef and the types and 
quantities of materials that may be used in constructing such 
artificial reef. In addition, each such permit shall specify such terms 
and conditions for the construction, operation, maintenance, moni-
toring, and managing the use of the artificial reef as are necessary 
for compliance with all applicable provisions of law and as are 
necessary to ensure the protection of the environment and human 
safety and property. 
(2) Before issuing a permit under section 402 of the Federal Water 
Pollution Control Act for any activity relating to the siting, design, 
construction, operation, maintenance, monitoring, or managing of 
an artificial reef, the Administrator of the Environmental Protec-
tion Agency shall consult with the Secretary to ensure that such 
permit is consistent with any permit issued by the Secretary subject 
to this section. 
(c) LIABIUTY OF PERMITTEE.—(1) A person to whom a permit is 
issued in accordance with subsection (a) and any insurer of that 
person shall not be liable for damages caused by activities required 
to be undertaken under any terms and conditions of the permit, if 
the permittee is in compliance with such terms and conditions. 
(2) A person to whom a permit is issued in accordance with 
subsection (a) and any insurer of that person shall be liable, to the 
extent determined under applicable law, for damages to which 
paragraph (1) does not apply. 
(3) The Secretary may not issue a permit subject to this section to 
a person unless that person demonstrates to the Secretary the 
financial ability to assume liability for all damages that may arise 
PUBLIC LAW 98-623—NOV. S, 1984 
98 STAT. 3397 
with respect to an artificial reef and for which such permittee may 
be hable. 
(4) Any person who has transferred title to artificial reef construc-
tion materials to a person to whom a permit is issued in accordance 
with subsection (a) shall not be liable for damages arising from the 
use of such materials in an artificial reef, if such materials meet 
applicable requirements of the plan published under section 204 and 
are not otherwise defective at the time title is transferred. 
(d) LiABiUTY OF THE UNITED STATES.—Nothing in this title creates 
any liability on the part of the United States. 
(e) CIVIL PENALTY.—Any person who, after notice and an opportu-
nity for a hearing, is found to have violated any provision of a 
permit issued in accordance with subsection (a) shall be liable to the 
United States for a civil penalty, not to exceed $10,000 for each 
violation. The amount of the civil penalty shall be assessed by the 
Secretary by written notice. In determining the amount of such 
penalty, the Secretary shall take into account the nature, circum-
stances, extent, and gravity of the violation. The Secretary may 
compromise, modify, or remit with or without conditions, any civil 
penalty which is subject to imposition or which has been imposed 
under this section. If any person fails to pay an assessment of a civil 
penalty after it has become final, the Secretary may refer the 
matter to the Attorney General for collection. 
SEC. 206. DEFINITIONS. 
33 USC 2105. 
For purposes of this title— 
(1) The term "artificial reef means a structure which is 
constructed or placed in waters covered under this title for the 
purpose of enhancing fishery resources and commercial and 
recreational fishing opportunities. 
(2) The term "State" means a State of the United States, the 
District of Columbia, Puerto Rico, the United States Virgin 
Islands, American Samoa, Guam, Johnston Island, Midway 
Island, and Wake Island. 
(3) The term "waters covered under this title" means the 
navigable waters of the United States and the waters superja-
cent to the Outer Continental Shelf as defined in section 2 of the 
Outer Contmental Shelf Lands Act (43 U.S.C. section 1331), to 
the extent such waters exist in or are adjacent to any State. 
SEC. 207. USE OF CERTAIN VESSELS AS ARTIFICIAL REEFS. 
The Act entitled "An Act to authorize appropriations for the fiscal 
year 1973 for certain maritime programs of the Department of 
Commerce and for other purposes", approved August 22, 1972 (16 
U.S.C. 1220-1220C), is amended— 
(1) by striking out "Liberty" each place it appears in sections 
3, 4, 5, and 6 and inserting in lieu thereof "obsolete"; 
(2) by striking out "Commerce" in section 3 and inserting in 16 USC 1220. 
lieu thereof "Transportation"; 
(3) by striking out "shall" in the matter preceding paragraph 
16 USC 1220a. 
(1) in section 4 and inserting in lieu thereof "may", and 
(4) by adding at the end thereof the following new section: 
"SEC. 7. For purposes of sections 3, 4, 5, and 6, the term 'obsolete 
16 USC I220d. 
ship' means any vessel owned by the Department of Transportation 
that has been determined to be of insufficient value for commercial 
or national defense purposes to warrant its maintenance and preser-
31-194 0 - 86 - 33 : 
QL.3 
PartS 
98 STAT. 3398 
PUBLIC LAW 98-623—NOV. 8, 1984 
Antarctic 
Marine Living 
Resources 
Convention Act 
of 1984. 
16 use 2431 
note. 
16 use 2431. 
TIAS 10240. 
vation in the national defense reserve fleet and has been designated 
as an artificial reef candidate.". 
33 use 2106. 
SEC. 208. SAVINGS CLAUSES. 
(a) TENNESSEE VALLEY AUTHORITY JURISDICTION.—Nothing in this 
title shall be construed as replacing or superseding section 26a of 
the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 
831y-l). 
(b) STATE JURISDICTION.—Nothing in this title shall be construed 
as extending or diminishing the jurisdiction or authority of any 
State over the siting, construction, monitoring, or managing of 
artificial reefs within its boundaries. 
TITLE III—ANTARCTIC MARINE LIVING RESOURCES 
CONVENTION 
SEC. 301. SHORT TITLE. 
This title may be cited as the "Antarctic Marine Living Resources 
Convention Act of 1984". 
SEC. 302. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds that— 
(1) the Convention on the Conservation of Antarctic Marine 
Living Resources establishes international mechanisms and cre-
ates legal obligations necessary for the protection and conserva-
tion of Antarctic marine living resources; 
(2) the Convention incorporates an innovative ecosystem ap-
proach to the management of Antarctic marine living resources, 
including standards designed to ensure the health of the indi-
vidual populations and species and to maintain the health of the 
Antarctic marine ecosystem as a whole; 
(3) the Convention serves important United States environ-
mental and resource management interests; 
(4) the Convention represents an important contribution to 
United States long term legal and political objectives of main-
tenance of Antarctica as an area of peaceful international 
cooperation; 
(5) United States basic and directed research programs 
concerning the marine living resources of the Antarctic are 
essential to achieve the United States goal of effective imple-
mentation of the objectives of the Convention; and 
(6) the United States has important security, economic, and 
environmental interests in developing and maintaining a fleet 
of icebreaking vessels capable of operating effectively in the 
heavy ice regions of Antarctica. 
(b) PURPOSE.—The purpose of this title is to provide the legislative 
authority necessary to implement, with respect to the United States, 
the Convention on the Conservation of Antarctic Marine Living 
Resources. 
16 use 2432. 
SEC. 303. DEFINITIONS. 
For purposes of this title— 
(1) ANTARCTIC CONVERGENCE.—The term "Antarctic Conver-
gence" means a line joining the following points along the 
parallels of latitude and meridians of longitude: 50 degrees 
south, 0 degrees; 50 degrees south, 30 degrees east; 45 degrees 
south, 30 degrees east; 45 degrees south, 80 degrees east; 55 
PUBLIC LAW 98-623—NOV. 8, 1984 
98 STAT. 3399 
degrees south, 80 degrees east; 55 degrees south, 150 degrees 
east; 60 degrees south, 150 degrees east; 60 degrees south; 50 
degrees west; 50 degrees south, 50 degrees west; and 50 degrees 
south, 0 degrees. 
(2) ANTARCTIC MARINE UVING RESOURCES.—The term "Antarc-
tic marine living resources" means the population of finfish, 
molluscs, crustaceans and all other species of living organisms, 
including birds, found south of the Antarctic Convergence. 
(3) COMMISSION.—The term "Commission" means the Com-
mission for the Conservation of Antarctic Marine Living Re-
sources established pursu£uit to article VII of the Convention. 
(4) CONVENTION.—The term "Convention" means the Conven-
tion on the Conservation of Antarctic Marine Living Resources, 
done at Canberra, Australia, May 7,1980, and entered into force 
with respect to the United States on April 7,1982. 
(5) HARVESTING OR OTHER ASSOCIATED ACTIVITIES.—The terms 
"harvesting" and "harvesting or other associated activities" 
mean— 
(A) the harassing, molesting, harming, pursuing, hunting, 
shooting, wounding, killing, trapping, or capturing of Ant-
arctic marine living resources; 
(B) attempting to engage in any activity set forth in 
subparagraph (A); 
(C) any other activity which can reasonably be expected 
to result in any activity described in subparagraph (A); and 
(D) any operations at sea in support of, or in preparation 
for, any activity described in subparagraphs (A) through (C). 
(6) HARVEST.—The term "harvest" means to engage in har-
vesting or other associated activities, 
(7) IMPORT.—The term "import" means to land on, bring into, 
or introduce into, or attempt to land on, bring into, or introduce 
into, any place subject to the jurisdiction of the United States, 
whether or not such landing constitutes an importation within 
the meaning of the customs laws of the United States. 
(8) PERSON.—The term "person" means an individual, part-
nership, corporation, trust, association, and any other entity 
subject to the jurisdiction of the United States. 
(9) SCIENTIFIC COMMITTEE.—The term "Scientific Committee" 
means the Scientific Committee for the Conservation of Antarc-
tic Marine Living Resources established pursuant to article XIV 
of the Convention. 
(10) VESSEL OF THE UNITED STATES.—The term "vessel of the 
United States" means— 
(A) a vessel documented under chapter 121 of title 46, 
United States Code, or a vessel numbered as provided in 
chapter 123 of that title; 
(B) a vessel owned in whole or in part by— 
(i) the United States or a territory, commonweeilth, 
or possession of the United States; 
(ii) a State or political subdivision thereof; 
(iii) a citizen or national of the United States; or 
(iv) a corporation created under the laws of the 
United States or any State, the District of Columbia, or 
any territory, commonwealth, or possession of the 
United States; 
TIAS 10240. 
97 Stat. 584. 
46 u s e 12101 et 
seq. 
97 Stat. 590. 
46 u s e 12301 et 
seq. 
98 STAT. 3400 
PUBLIC LAW 98-623—NOV. 8, 1984 
13 UST 2312. 
16 use 2433. 
16 use 2434. 
Federal 
Register, 
publication. 
unless the vessel has been granted the nationality of a 
foreign nation in accordance with Article 5 of the 1958 
Convention on the High Seas; and 
(C) a vessel that was once documented under the laws of 
the United States and, in violation of the laws of the United 
States, was either sold to a person not a citizen of the 
United States or placed under foreign registry or a foreign 
flag, whether or not the vessel has been granted the nation-
ality of a foreign nation in accordance with Article 5 of the 
1958 Convention on the High Seas. 
(11) VESSEL SUBJECT TO THE JURISDICTION OF THE UNITED 
STATES.—The term "vessel subject to the jurisdiction of the 
United States" includes a vessel without nationality or a vessel 
assimilated to a vessel without nationality, in accordance with 
paragraph (2) of Article 6 of the 1958 Convention on the High 
Seas. 
SEC. 304. REPRESENTATIVES. 
(a) REPRESENTATIVE TO THE COMMISSION.—The Secretary of State, 
with the concurrence of the Secretary of Commerce and the Director 
of the National Science Foundation, shall appoint an officer or 
employee of the United States as the United States representative to 
the Commission. 
(b) REPRESENTATIVE TO THE SCIENTIFIC COMMITTEE.—The Secretary 
of Commerce and the Director of the National Science Foundation, 
with the concurrence of the Secretary of State, shall designate the 
United States representative to the Scientific Committee. 
(c) COMPENSATION.—The United States representatives to the 
Commission and the Scientific Committee shall receive no ad-
ditional compensation by reason of their services as such 
representatives. 
SEC. 305. CONSERVATION MEASURES; SYSTEM OF OBSERVATION AND 
INSPECTION. 
(a) CONSERVATION MEASURES.—(1) The Secretary of State, with the 
concurrence of the Secretary of Commerce and the Director of the 
National Science Foundation, is authorized— 
(A) to decide on behalf of the United States whether the 
United States is unable to accept or can no longer accept a 
conservation measure adopted by the Commission pursuant to 
article IX of the Convention, and 
(B) to notify the Commission of any such decision in accord-
ance with article IX of the Convention. 
(2) The Secretary of State shall— 
(A) publish in the Federal Register, if practicable, timely 
notice of each proposed decision under paragraph (1) and invite 
written public comment regarding it; and 
(B) publish in the Federal Register notice of each notification 
made to the Commission under paragraph (1). 
(b) SYSTEM OF OBSERVATION AND INSPECTION.—The Secretary of 
State, with the concurrence of the Secretary of Commerce, the 
Director of the National Science Foundation and the Secretary of 
the department in which the Coast Guard is operating, is authorized 
to agree on behalf of the United States to the establishment of a 
system of observation and inspection, and to interim arrangements 
pending establishment of such a system, pursuant to article XXIV of 
the Convention. 
PUBLIC LAW 98-623—NOV. 8, 1984 
98 STAT. 3401 
(c) COMMUNICATIONS FROM THE COMMISSION.—The Secretary of 
State is further authorized to receive, on behalf of the United States 
Government, reports, requests, and other communications from the 
Commission and to take appropriate action on them, either directly 
or by reference to the appropriate authority. 
SEC. 306. UNLAWFUL ACTIVITIES. 
It is unlawful for any person— 
(1) to engage in harvesting or other associated activities in 
violation of the provisions of the Convention or in violation of a 
conservation measure in force with respect to the United States 
pursuant to article IX of the Convention; 
(2) to violate any regulation promulgated under this title; 
(3) to ship, transport, offer for sale, sell, purchase, import, 
export, or have custody, control or possession of, any Antarctic 
marine living resource (or part or product thereof which he 
knows, or reasonably should have known, was harvested in 
violation of a conservation measure in force with respect to the 
United States pursuant to article IX of the Convention or in 
violation of any regulation promulgated under this title, with-
out regard to the citizenship of the person that harvested, or 
vessel that was used in the harvesting of, the Antarctic marine 
living resource (or part or product thereof); 
(4) to refuse to permit any authorized officer or employee of 
the United States to board a vessel of the United States or a 
vessel subject to the jurisdiction of the United States for pur-
poses of conducting any search or inspection in connection with 
the enforcement of the Convention, this title, or any regulations 
promulgated under this title; 
(5) to assault, resist, oppose, impede, intimidate, or interfere 
with any authorized officer or employee of the United States in 
the conduct of any search or inspection described in paragraph 
(4); 
(6) to resist a lawful arrest or detention for any act prohibited 
by this section; or 
(7) to interfere with, delay, or prevent, by any means, the 
apprehension, arrest, or detention of another person, knowing 
that such other person has committed any act prohibited by this 
section. 
SEC. 307. REGULATIONS. 
The Secretary of Commerce, after consultation with the Secretary 
of State, the Secretary of the department in which the Coast Guard 
is operating, and the heads of other appropriate departments or 
agencies of the United States, shall promulgate such regulations as 
are necessary and appropriate to implement the provisions of this 
title. 
SEC. 308. CIVIL PENALTIES. 
(a) ASSESSMENT OF PENALTIES.—(1) Any person who is found by the 
Secretary of Commerce, after notice and opportunity for a hearing 
in accordance with subsection (b), to have committed any act prohib-
ited by section 306 shall be liable to the United States for a civil 
penalty. The amount of the civil penalty shall not exceed $5,000 for 
each violation unless the prohibited act w£is knowingly committed, 
in which case the amount of the civil penalty shall not exceed 
$10,000 for each violation. Each day of a continuing violation shall 
Report 
Law 
enforcement. 
16 u s e 2435. 
Conservation. 
TIAS 10240. 
16 use 2436. 
Prohibition. 
16 u s e 2437. 
98 STAT. 3402 
PUBLIC LAW 98-623—NOV. 8, 1984 
Courts, U.S. 
Courts, U.S. 
constitute a separate violation for purposes of this subsection. The 
amount of any civil penalty shall be assessed by the Secretary of 
Commerce by written notice. In determining the amount of such 
penalty, the Secretary of Commerce shall take into account the 
nature, circumstances, extent, and gravity of the prohibited acts 
committed, and, with respect to the person committing the violation, 
the degree of culpability, any history of prior offenses, ability to pay, 
and such other matters as justice may require, to the extent that 
such information is reasonably available to the Secretary. 
(2) The Secretary of Commerce may compromise, modify, or remit, 
with or without conditions, any civil penalty which is subject to 
imposition or which has been imposed under this section, until such 
time as the matter is referred to the Attorney General under 
subsection (c) of this section. 
(b) HEARINGS.—Hearings for the assessment of civil penalties 
under subsection (a) shall be conducted in accordance with section 
554 of title 5, United States Code. For the purposes of conducting 
any such hearing, the Secretary of Commerce may issue subpoenas 
for the attendance and testimony of witnesses and the production of 
relevant 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 
contumacy or refusal to obey a subpoena served upon any person 
pursuant to this subsection, the district court of the United States 
for any district in which such person is found, resides, or transacts 
business, upon application by the Attorney General of 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 docu-
ments 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. 
(c) REVIEW OF CIVIL PENALTY.—Any person against whom a civil 
penalty is assessed under subsection (a) of this section may obtain 
review thereof in the appropriate district court of the United States 
by filing a notice of appeal in such court within 30 days from the 
date of such order and by simultaneously sending a copy of such 
notice by certified mail to the Secretary of Commerce, the Attorney 
General, and the appropriate United States Attorney. The Secretary 
of Commerce shall promptly refer the matter to the Attorney 
General of the United States, who shall file in such court a certified 
copy of the record upon which the violation was found or such 
penalty imposed, as provided in section 2112 of title 28, United 
States Code. The court shall set aside the findings and order of the 
Secretary if the findings and order are found to be unsupported by 
substantial evidence, as provided in section 706(2XE) of title 5, 
United States Code. 
(d) RECOVERY OF CIVIL PENALTIES.—The Attorney General of the 
United States may seek to recover in any appropriate district court 
of the United States (1) any civil penalty imposed under this section 
that has become a final and unappealable order and has been 
referred to the Attorney General by the Secretary of Commerce or 
(2) any final judgment rendered under this section in favor of the 
United States by an appropriate Court. 
(e) PENALTIES UNDER OTHER LAWS.—The assessment of a civil 
penalty under subsection (a) for any act shall not be deemed to 
PUBLIC LAW 98-623—NOV. 8, 1984 
98 STAT. 3403 
preclude the assessment of a civil penalty for such act under any 
other law. 
SEC. 309. CRIMINAL OFFENSES. 
16 USC 2438. 
(a) OFFENSES.—A person is guilty of an offense if that person 
Prohibition, 
commits any act prohibited by paragraph (4), (5), (6), or (7) of section 
306. 
(b) PUNISHMENT.—Any offense described in subsection (a) is pun-
ishable by a fine of $50,000, or imprisonment for not more than ten 
years, or both. 
(c) OFFENSES UNDER OTHER LAWS.—A conviction under subsection 
(a) for any act shall not be deemed to preclude a conviction for such 
act under any other law. 
SEC. 310. ENFORCEMENT. 
16 USC 2439. 
(a) RESPONSIBILITY.—The provisions of this title shall be enforced 
by the Secretary of Commerce and the Secretary of the department 
in which the Coast Guard is operating. Such Secretaries may utilize 
by agreement, on a reimbursable basis or otherwise, the personnel, 
services, and facilities of any other department or agency of the 
United States in the performance of such duties. 
Ob) POWERS OF AUTHORIZED OFFICERS AND EMPLOYEES.—Any officer 
or employee of the United States who is authorized Qoy the Secretary 
of Commerce, the Secretary of the department in which the Coast 
Guard is operating, or the head of any department or agency of the 
United States which has entered into an agreement with either 
Secretary under subsection (a)) to enforce the provisions of this title 
and of any regulation promulgated under this title may, in enforcing 
such provisions— 
(1) secure, execute, and serve any order, warrant, subpoena, or 
other process, which is issued under the authority of the United 
States; 
(2) search without warrant any person, place, vehicle or air-
craft subject to the jurisdiction of the United States where there 
are reasonable grounds to believe that a person has committed 
or is attempting to commit an act prohibited by section 306; 
(3) with or without a warrant board and search or inspect any 
Vessels, 
vessel of the United States or vessel subject to the jurisdiction of 
the United States; 
(4) seize without warrant— 
(A) any evidentiary item where there are reasonable 
grounds to believe that a person has committed or is 
attempting to commit an act prohibited by section 306, 
(B) any Antarctic marine living resources (or part of 
product thereof) with respect to which such an act is 
committed, 
(C) any vessel of the United States (including its gear, 
furniture, appurtenances, stores, and cargo), any vessel 
subject to the jurisdiction of the United States (including its 
gear, furniture, appurtenances, stores, and cargo), and any 
vehicle, aircraft, or other means of transportation subject to 
the jurisdiction of the United States used in connection 
with such an act, and 
(D) any guns, traps, nets, or equipment used in connec-
tion with such an act; 
98 STAT. 3404 
PUBLIC LAW 98-623—NOV. 8, 1984 
(5) offer and pay rewards for services or information which 
may lead to the apprehension of persons violating such 
provisions; 
(6) make inquiries, and administer to, or take from, any 
person an oath, affirmation, or affidavit, concerning any matter 
which is related to the enforcement of such provisions; 
(7) in coordination with the Secretary of the Treasury, detain 
for inspection and inspect any package, crate, or other con-
tainer, including its contents, and all accompanying documents, 
upon importation into, or exportation from, the United States; 
(8) make an arrest with or without a warrant with respect to 
any act prohibited by paragraph (4), (5), (6), or (7) of section 306 
if such officer or employee has reasonable grounds to believe 
that the person to be arrested is committing such act in his or 
her presence or view or has committed such act; 
(9) exercise enforcement powers conferred on such officer or 
employee under a system of observation and inspection, or 
interim arrangements pending the establishment of such a 
system, which the Secretary of State has agreed to on behalf of 
the United States pursuant to section 3050)); and 
(10) exercise any other authority which such officer or 
employee is permitted by law to exercise. 
(c) SEIZURE.—Subject to the succeeding provisions of this subsec-
tion, any property or item seized pursuant to subsection 0)) shall be 
held by any officer or employee of the United States, who is author-
ized by the Secretary of Commerce or the Secretary of the depart-
ment in which the Coast Guard is operating, pending the disposition 
of civil or criminal proceedings concerning the violation relating to 
the property or item, or the institution of an action in rem for the 
forfeiture of such property or item. Such authorized officer or 
employee may, upon the order of a court of competent jurisdiction, 
either release such seized property or item to the wild or destroy 
such property or item, when the cost of maintenance of the property 
or item pending the disposition of the case is greater than the 
legitimate market value of the property or item. Such authorized 
officer or employee and all officers or employees acting by or under 
his or her direction shall be indemnified from any penalties or 
actions for damages'for so releasing or destroying such property or 
item. Such authorized officer or employee may, in lieu of holding 
such property or item, permit the owner or consignee thereof to post 
a bond or other satisfactory surety. 
(d) FORFEITURE.—(1) Any Antarctic marine living resource (or part 
or product thereof) with respect to which an act prohibited by 
section 306 is committed, any vessel of the United States (including 
its gear, furniture, appurtenances, stoves, and cargo), vessel subject 
to the jurisdiction of the United States (including its gear, furniture, 
appurtenances, stoves, and cargo), or vessel, vehicle, or aircraft or 
other means of transportation subject to the jurisdiction of the 
United States, which is used in connection with an act prohibited by 
section 306, and all guns, traps, nets, and other equipment used in 
connection with such act, shall be subject to forfeiture to the United 
States. 
(2) Upon the forfeiture to the United States of any property or 
item described in paragraph (1), or upon the abandonment or waiver 
of any claim to any such property or item, it shall be disposed of by 
the ^cretary of Commerce, or the Secretary of the department in 
which the Coast Guard is operating, as the case may be, in such a 
PUBLIC LAW 98-623—NOV. 8, 1984 
98 STAT. 3405 
manner, consistent with the purposes of this title, as may be pre-
scribed by regulation. 
(e) APPUCATION OF CUSTOMS LAWS.—All provisions of law relating 
to the seizure, forfeiture, and condemnation of property (including 
vessels) for violation of the customs laws, the disposition of such 
property or the proceeds from the sale thereof, and the remission or 
mitigation of such forfeiture, shall apply to the seizures and forfeit-
ures incurred, or alleged to have been incurred, and the compromise 
of claims, under the provisions of this title, insofar as such provi-
sions of law are applicable and not inconsistent with the provisions 
of this title; except that all powers, rights, and duties conferred or 
imposed by the customs laws upon any officer or employee of the 
Customs Service may, for the purposes of this title, also be exercised 
or performed by the Secretary of Commerce or the Secretary of the 
department in which the Coast Guard is operating, or by such 
officers or employees of the United States as each Secretary may 
designate. 
SEC. 311. JURISDICTION OF COURTS. 
The district courts of the United States shall have exclusive 
jurisdiction over any case or controversy arising under the provi-
sions of this title or of any regulation promulgated under this title. 
SEC. 
3
1
2
. 
FEDERAL 
AGENCY 
COOPERATION. 
(a) RESPONSIBIUTIES.—(1) For the purpose of carrying out the 
policies and objectives of the Convention or to implement any 
decision of the Commission— 
(A) the Director of the National Science Foundation, in con-
sultation with the Secretary of State and the heads of other 
appropriate departments and agencies of the United States, 
shall continue to support basic research investigations of the 
Antarctic marine ecosystem as a part of the United States 
Antarctic Program; 
(B) the Secretary of Commerce, in consultation with the 
Director of the National Science Foundation, the Secretary of 
State and the heads of other appropriate Federal agencies, shall 
design and conduct the program of directed scientific research 
as set forth in paragraph 2 supplemental to and coordinated 
with the United States Antarctic Program; and 
(C) the Secretary of Commerce and the Director of the 
National Science Foundation, in consultation with the Secre-
tary of State, may furnish facilities and personnel to the Com-
mission in order to assist the Commission in carrying out its 
functions. 
(2XA) The Secretary of Commerce, in consultation with the Secre-
tary of State, the Director of the National Science Foundation, and 
other appropriate Federal officials, shall prepare a plan, which shall 
be updated annually, for conducting the directed research program 
required under paragraph (IXB) for each period of three consecutive 
fiscal years occurring during the period beginning on October 1, 
1985, and ending on September 30,1991. The plan shall— 
(i) describe priority directed research needs for the implemen-
tation of the Convention; 
(ii) identify which of those needs are to be fulfilled by the 
United States; and 
(iii) specify the design of the research referred to in paragraph 
(IXB) and the funds, personnel, and facilities required for the 
16 use 2440. 
Research and 
development. 
16 use 2441. 
Science and 
technology. 
98 STAT. 3406 
PUBLIC LAW 98-623—NOV. 8, 1984 
Uniformed 
services. 
16 use 2442. 
TIAS 10240. 
16 u s e 2443. 
research, including, in particular, the need for the cost of 
enhanced ship capacity. 
(B) In preparing the plan referred to in subparagraph (A), the 
Secretary of Commerce shall take into account, in addition to any 
other matters the Secretary considers appropriate, the possibilities 
of securing productive results, the minimization of duplication, and 
the methods for monitoring and evaluating a project. 
(C) The Secretary of Commerce shall submit to the Congress each 
year the plan required under subparagraph (A). That part of the 
plan covering fiscal years 1986 through 1988 shall be submitted not 
later than October 1, 1985. That part of the plan covering each 3-
fiscal-year period thereafter shall be submitted not later than the 
February 1 occurring before the beginning of the first fiscal year 
covered by that part of the plan. 
(b) CONSULTATION WITH OTHER AGENCIES.—In carrying out their 
functions under this section, the Secretary of State, the Secretary of 
Commerce, and the Director of the National Science Foundation 
shall consult, as appropriate, with the Marine Mammal Commission 
and with other departments and agencies of the United States. 
(c) IcEBREAKiNG.—The Department of Transportation shall facili-
tate planning for the design, procurement, maintenance, deploy-
ment, and operation of icebreakers needed to provide a platform for 
Antarctic research. All funds necessary to support icebreaking oper-
ations, except for recurring incremental costs associated with spe-
cific projects, shall be allocated to the United States Coast Guard. 
SEC. 313. RELATIONSHIP TO EXISTING TREATIES AND STATUTES. 
(a) IN GENERAL.—Nothing in this Act shall be construed as contra-
vening or superseding (1) the provisions of any international treaty, 
convention, or agreement, if such treaty, convention or agreement is 
in force with respect to the United States on the date of the 
enactment of this title, or (2) the provisions of any statute which 
implements any such treaty, convention, or agreement. Nothing in 
this title shall be construed as contravening or superseding the 
provisions of any statute enacted before the date of the enactment of 
this title which may otherwise apply to Antarctic marine living 
resources. 
(b) APPLICATION OF MORE RESTRICTIVE PROVISIONS.—Nothing in 
this section shall be construed to prevent the application of provi-
sions of the Convention, conservation measures adopted by the 
Commission pursuant to article IX of the Convention, or regulations 
promulgated under this title, which are more restrictive than the 
provisions of, measures adopted under, or regulations promulgated 
under, the treaties or statutes described in subsection (a). 
SEC 314. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated, out of any moneys in the 
Treasury not otherwise appropriated, such sums as may be neces-
sary for carrying out the provisions of this title, including, but not 
limited to— 
(1) necessary travel expenses of the United States represent-
atives referred to in section 304, alternate United States repre-
sentatives, and authorized advisers and experts, in accordance 
with sections 5701 through 5708, 5731, and 5733 of title 5, 
United States Code, and the regulations issued under those 
sections; 
PUBLIC LAW 98-623—NOV. 8, 1984 
98 STAT. 3407 
(2) the United States contribution to the budget of the Com-
mission as provided in article XIX of the Convention; and 
TIAS10240. 
(3) the directed research program and the furnishing of facili-
ties and personnel to the Commission referred to in section 312. 
SEC. 315. SEVERABILITY. 
16 USC 2444. 
If any provision of this title or the application of this title to any 
person or circumstance is held invalid, neither the remainder of this 
title nor the application of that provision to other persons or circum-
stances shall be affected thereby. 
TITLE IV—MISCELLANEOUS AMENDMENTS 
SEC. 401. NOAA MARINE FISHERIES PROGRAM AUTHORIZATION ACT 
AMENDMENTS. 
The National Oceanic and Atmospheric Administration Marine 
Fisheries Program Authorization Act (Public Law 98-210; 97 Stat. 
1409) is amended as follows: 
(1) Section 2 is amended— 
(A) by inserting ", and $28,000,000 for fiscal year 1985" 
immediately after "1984" in subsection (a); and 
(B) by striking out "of 1976" in subsection Qo). 
(2) Section 3 is amended— 
(A) by inserting ", and $35,000,000 for fiscal year 1985" 
immediately after "1984" in subsection (a); and 
(B) by inserting "Magnuson" immediately before "Fish-
ery", and by striking out "of 1976", in subsection (b). 
(3) Section 4 is amended— 
(A) by amending subsection (a)— 
(i) by inserting ", and $12,000,000 for fiscal year 
1985" immediately after "1984", and 
(ii) by striking out "boats" and inserting in lieu 
thereof "vessels"; and 
(B) by striking out "of 1976" in subsection (b). 
(4) Sections 2, 3, and 4 are each further amended by adding at 
the end thereof the following: 
"(c) The duties authorized in subsection (a) of this section shall be 
considered separate and distinct from duties and functions per-
formed pursuant to moneys authorized in subsection (b) of this 
section. The total authorization for all such duties and functions 
shall be the sum of amounts specified in such subsections.". 
SEC. 402. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL 
AQUACULTURE ACT OF 1980. 
Paragraphs (1), (2), and (3) of section 10 of the National Aquacul-
ture Act of 1980 (16 U.S.C. 2809 (1), (2), and (3)) are amended to read 
as follows: 
"(1) to the Department of Agriculture, $2,000,000 for each of 
fiscal years 1984 and 1985; 
"(2) to the Department of Commerce, $2,000,000 for each of 
fiscal years 1984 and 1985; and 
"(3) to the Department of the Interior, $1,000,000 for each of 
fiscal years 1984 and 1985.". 
98 STAT. 3408 
PUBLIC LAW 98-623—NOV. 8, 1984 
SEC. 403. AUTHORIZATION OF APPROPRIATIONS FOR DEEP SEABED HARD 
MINERAL RESOURCES ACT. 
Section 310 of the Deep Seabed Hard Mineral Resources Act (30 
U.S.C. 1470) is amended— 
(1) by striking out "and" immediately after "1983,"; and 
(2) by inserting ", and $1,500,000 for each of the fiscal years 
ending September 30, 1985, and September 30, 1986" immedi-
ately before the period at the end thereof. 
SEC. 404. MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT 
AMENDMENTS. 
The Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.) is amended as follows: 
16 use 1821. 
(1) Section 201(d)(4) is amended by striking out "shall" the 
first time it appears and inserting in lieu thereof "may". 
(2) Section 201(e)(1) is amended— 
(A) by striking out "shall determine the allocation among 
foreign nations o f in subparagraph (A) and inserting in 
lieu thereof "may make allocations to foreign nations 
from"; 
(B) by amending subparagraph (E)(i)— 
(i) by inserting "both" immediately before "United 
States^', 
(ii) by striking out "or fishery" and inserting in lieu 
thereof "and fishery", and 
(iii) by inserting the following immediately before the 
semicolon at the end thereof: ", particularly fish and 
fishery products for which the foreign nation has 
requested an allocation"; and 
(C) by amending subparagraph (E)(ii) to read as follows: 
"(ii) whether, and to what extent, such nation is cooperating 
with the United States in both the advancement of existing and 
new opportunities for fisheries exports from the United States 
through the purchase of fishery products from United States 
processors, and the advancement of fisheries trade through the 
purchase of fish and fishery products from United States fisher-
men, particularly fish and fishery products for which the for-
eign nation has requested an allocation;". 
16 use 1851. 
(3) Section 301(a)(1) is amended by inserting "for the United 
States fishing industry" immediately before the period at the 
end thereof. 
16 use 1856. 
(4) Section 306(a) is amended to read as follows: 
"(a) IN GENERAL.— 
"(1) Except as provided in subsection (b), nothing in this Act 
shall be construed as extending or diminishing the jurisdiction 
or authority of any State within its boundaries. 
"(2) For the purposes of this Act, except as provided in 
subsection (b), the jurisdiction and authority of a State shall 
extend— 
Water. 
"(A) to any pocket of waters that is adjacent to the State 
and totally enclosed by lines delimiting the territorial sea 
of the United States pursuant to the Geneva Convention on 
the Territorial Sea and Contiguous Zone or any successor 
convention to which the United States is a party; 
"(B) with respect to the body of water commonly known 
as Nantucket Sound, to the pocket of water west of the 
seventieth meridian west of Greenwich; and 
PUBLIC LAW 98-623—NOV. 8, 1984 
98 STAT. 3409 
"(C) to the waters of southeastern Alaska (for the purpose 
of regulating fishing for other than any species of crab) that 
are— 
"(i) north of the line representing the international 
boundary at Dixon Entrance and the westward exten-
sion of that line; east of 138 degrees west longitude; and 
not more than three nautical miles seaward from the 
coast, from the lines extending from headland to head-
land across all bays, inlets, straits, passes, sounds, and 
entrances, and from any island or group of islands, 
including the islands of the Alexander Archipelago 
(except Forrester Island); or 
"(ii) between the islands referred to in clause (i) 
(except Forrester Island) and the mainland. 
"(3) Except as otherwise provided by paragraph (2), a State 
may not directly or indirectly regulate any fishing vessel out-
side its boundaries, unless the vessel is registered under the law 
of that State.". 
SEC. 405. EXPORT AUTHORITY REGARDING FISH. 
(a) COMMODITY CREDIT CORPORATION.—Section 5(f) of the Commod-
ity Credit Corporation Charter Act (15 U.S.C. 714c(f)) is amended by 
inserting "(including fish and fish products, without regard to 
whether such fish are harvested in aquacultural operations)" after 
"agricultural commodities". 
(b) AGRICULTURAL TRADE DEVELOPMENT.—Section 402 of the Agri-
cultural Trade Development and Assistance Act of 1954 (7 U.S.C. 
1732) is amended— 
(1) by inserting "(including fish, without regard to whether 
such fish are harvested in aquacultural operations)" after 
"United States" the first place it appears; and 
(2) by striking out the third sentence. 
(c) FOOD FOR PEACE.—Section 4(c) of the Food for Peace Act of 1966 
(7 U.S.C. 1707a(c)) is amended by inserting "(including fish, without 
regard to whether such fish are harvested in aquacultural oper-
ations)" after "agricultural commodity" the second place it appears. 
(d) EFFECTIVE DATE.—For purposes of section 135 of the Omnibus 
Budget Reconciliation Act of 1982 (7 U.S.C. 612c note), the amend-
ments made by this section shall be considered to have taken effect 
before the date of the enactment of that Act. 
SEC. 406. RELINQUISHMENT OF LEGISLATIVE JURISDICTION OVER CER-
TAIN LANDS. 
Notwithstanding any other law, the Secretary of Commerce, 
whenever the Secretary considers it desirable, may relinquish to a 
State, or to a Commonwealth, territory, or possession of the United 
States, all or part of the legislative jurisdiction of the United States 
over lands or interests under the Secretary's control in that State, 
Commonwealth, territory, or possession. Relinquishment of legisla-
tive jurisdiction under this section may be accomplished— 
(1) by filing with the Governor (or, if none exists, with the 
chief executive officer) of the State, Commonwealth, territory, 
or possession concerned a notice of relinquishment to take effect 
upon acceptance of the notice; or 
(2) as required by the laws of the State, Commonwealth, 
territory, or possession. 
Alaska. 
Vessels. 
7 use 1707a 
note. 
15 use 1529. 
State and local 
governments. 
98 STAT. 3410 
PUBLIC LAW 98-623—NOV. 8, 1984 
TITLE V—NATIONAL SEA GRANT COLLEGE PROGRAM 
AUTHORIZATION 
SEC. 501. (a) Section 212 of the National Sea Grant Program Act 
(33 U.S.C. 1131) is amended by inserting immediately after para-
graph (3) the following new paragraph: 
"(4) Not to exceed $39,000,000 for fiscal year 1985, not to exceed 
$42,000,000 for fiscal year 1986, and not to exceed $44,000,000 for 
fiscal year 1987.". 
(b) Section 3(c) of the Sea Grant Program Improvement Act of 
1976 (33 U.S.C. 1124a(c)) is amended by inserting immediately after 
paragraph (3) the following new paragraph: 
"(4) For fiscal years 1985,1986, and 1987, not to exceed $1,000,000, 
appropriated in each fiscal year pursuant to section 212 of the 
National Sea Grant Program Act, may be available to carry out this 
section.". 
TITLE VI—OCEAN THERMAL ENERGY CONVERSION ACT 
AUTHORIZATION 
SEC. 601. Section 406 of the Ocean Thermal Energy Conversion 
42 use 9166. 
Act of 1980 (Public Law 96-320) is amended by— 
(1) striking out the word "and" after "1982,"; and 
(2) striking out "1983." and inserting in lieu thereof "1983, not 
to exceed $480,000 for each of the fiscal years ending September 
30, 1984 and September 30, 1985, and not to exceed $630,000 for 
each of the fiscal years ending September 30, 1986 and 
September 30,1987.". 
MISCELLANEOUS 
SEC. 602. (a) The Ocean Thermal Energy Conversion Act of 1980 
(Public Law 96-320) is amended— 
42 use 9101. 
(1) in section 2(a)(1) by striking out "located in the territorial 
sea" and inserting in lieu thereof "located in whole or in part 
between the highwater mark and the seaward boundary of the 
territorial sea"; 
42 use 9102. 
(2) in section 3(11) by striking out "standing or moored in or 
beyond the territorial sea of the United States" and inserting in 
lieu thereof "standing, fixed or moored in whole or in part 
seaward of the highwater mark"; 
42 use 9111. 
(3) in the first sentence of section 101(a) by striking out 
"located in the territorial sea" and inserting in lieu thereof 
"located in whole or in part between the highwater mark and 
the seaward boundary of the territorial sea"; 
(4) in section 101(b)(2) by striking out "located in the terri-
torial sea" and inserting in lieu thereof "located in whole or in 
part between the highwater mark and the seaward boundary of 
the territorial sea"; 
(5) in section 101(c)(7) by striking out "will not be documented 
under the laws of the United States;" and inserting in lieu 
thereof "will be documented under the laws of a foreign 
nation;"; 
42 use 9118. 
(6) in section 108(e)(2)(C)(ii) by striking out "moored or stand-
ing" and inserting in lieu thereof "moored, fixed or standing"; 
PUBLIC LAW 98-623—NOV. 8, 1984 
98 STAT. 3411 
(7) in section 108(e) by adding a new paragraph (4) to read as 
42 USC 9118. 
follows: 
"(4) For the purposes of this subsection the term 'ocean thermal 
energy conversion facility' refers only to an ocean thermal energy 
conversion facility which has major components other than water 
intake or discharge pipes located seaward of the highwater mark"; 
(8) in section 110(1) by striking out "aboard" and inserting in 
42 USC 9120. 
lieu thereof "in or aboard"; 
(9) in section 301 by striking out "on board" and inserting in 
42 USC 9151. 
lieu thereof "in or on board", by striking out "or other" and 
inserting in lieu thereof "or on board any", and by striking out 
in paragraph (2) thereof "to board" and inserting in lieu thereof 
"to enter or board"; 
(10) in section 303(b) by striking out "on board" and inserting 
42 USC 9153. 
in lieu thereof "in or on board", by striking out "or other" in 
the chapeau and inserting in lieu thereof "or any", and by 
striking out in paragraph (1) thereof "board and inspect" and 
inserting in lieu thereof "enter or board, and inspect, any ocean 
thermal energy conversion facility or plantship or"; 
(11) in the first sentence of section 403(a)(1) by inserting "and 
42 USC 9163. 
all of which is located seaward of the highwater mark," immedi-
ately after "licensed under this Act"; and 
(12) in the first sentence of the section 403(c)(2) by inserting 
"documented under the laws of the United States and" immedi-
ately after "ocean thermal energy conversion facility or 
plantship". 
QD) Such Act is further amended— 
(1) in section 101(c)(1) by striking out "cannot and will not" 
42 use 9111. 
and inserting in lieu thereof "cannot or will not"; 
(2) in section 101(c)(5) by striking out "has expired;" and 
inserting in lieu thereof "has not expired;"; 
(3) in section 101(c)(10) by striking out "each" and inserting in 
lieu thereof "any"; 
(4) in section 101(c)(13) by striking out "and" after the semi-
colon and inserting in lieu thereof "or"; and 
(5) in section 101(c)(10) by striking out "(33 U.S.C. 1451 et 
seq.)" and inserting in lieu thereof "(16 U.S.C 1451 et seq.)". 
(c) Section 405 of such Act is amended by striking out "of the first 42 use 9165. 
3 fiscal years" and inserting in lieu thereof "fiscal year". 
(d) Such Act is further amended by adding the following new 
section: 
"SEC. 408. Within 18 months after the date of enactment of this Report. 
provision, the Administrator shall submit to the President of the Exports. 
Senate and the Speaker of the House of Representatives a report 
^2 USC 9168. 
detailing what steps the United States Government is taking and 
plans to take to promote and enhance the export potential of ocean 
thermal energy conversion components, facilities, and plantships 
manufactured by United States industry. Such report shall 
include— 
"(1) the relevant views of the National Oceanic and Atmos-
pheric Administration, International Trade Administration, 
Maritime Administration, Department of Energy, Small Busi-
ness Administration, United States International Development 
Cooperative Agency, the Office of the Special Trade Representa-
tive, and other relevant United States Government agencies; 
"(2) the findings of studies conducted by the Administrator to 
fulfill the intent of this section; 
98 STAT. 3412 
PUBLIC LAW 98-623—NOV. 8, 1984 
Exports. 
42 use 9101 
note. 
42 use 9118. 
42 use 9119. 
42 use 9122. 
42 u s e 9126. 
42 use 9152. 
42 use 9163. 
Water. 
42 use 9102. 
42 use 9111. 
42 use 9115. 
42 use 9121. 
42 use 9112. 
"(3) a summary of activities, including consultations held with 
representatives of both the ocean thermal energy conversion 
and financial industries conducted by the Administrator to 
fulfill the intent of this section; and 
"(4) such recommendations as the Administrator deems ap-
propriate for amending the Ocean Thermal Energy Conversion 
Act of 1980 (Public Law 96-320) or other relevant Acts to better 
promote and enhance the export potential of ocean thermal 
energy conversion components, facilities and plantships manu-
factured by United States industry.", 
(e) Such Act is further amended— 
(1) in the first sentence of section 108(dXl) by striking out 
"reorganizational safety" and inserting in lieu thereof "naviga-
tional safety"; 
(2) in section 1090)X2) by striking out "natural" and inserting 
in lieu thereof "national"; 
(3) in section 112(b) by striking out "confidential commercial 
and financial information)" and inserting in lieu thereof 
"commercial or financial information which is privileged or 
confidential)"; 
(4) in section 116(a) by striking out "facility or platform" and 
inserting in lieu thereof "facility or plantship"; 
(5) in section 302(bXl) by inserting "to halt" immediately after 
"injunction,"; 
(6) in the first sentence of section 403(cX2) by striking out 
"Treasury" and inserting in lieu thereof "Treasury, including 
the provisions of the Tariff Act of 1930, as amended (19 U.S.C. 
1202), and other laws codified in title 19, United States Code,"; 
(7) in section 3(11) by striking out "freshwater," and inserting 
in lieu thereof "fresh water,"; 
(8) in section 101(cX4) by striking out "enforcement" and 
inserting in lieu thereof "regulatory"; 
(9) in section 101(cX6) by striking out "for license" and insert-
ing in lieu thereof "for a license"; 
(10) in section 101(cX14) by striking out "when" and inserting 
in lieu thereof "if; 
(11) in section 101(dX2) by striking out "licensee" and inserting 
in lieu thereof "applicant, licensee"; 
(12) in the first sentence of section 105(aX2) by striking out 
"that (A)" and inserting in lieu thereof "(A) that"; 
(13) in the first sentence of section 105(b)(1) by striking out "of 
adjacent" and inserting in lieu thereof "of an adjacent"; 
(14) in the third sentence of section 105(bXl) by striking out 
"is" and inserting in lieu thereof "are"; 
(15) by inserting the text of section 1090t)X3) as a new para-
graph (3) immediately after the end of paragraph (2) of section 
108(d), and by repealing section 109(bX3); 
(16) in section 109(c) by striking out "such o f and inserting in 
lieu thereof "of such", and by striking out "impingment" and 
inserting in lieu thereof "impingement'; 
(17) in section 111(b) by striking out "environment established 
by any treaty or convention," and inserting in lieu thereof 
"environment"; and 
(18) in section 1120)X2XB) by striking out "administrator" and 
inserting in lieu thereof "Administrator". 
(f) Section 102(h) of such Act is amended to read as follows: 
PUBLIC LAW 98-623—NOV. 8, 1984 
98 STAT. 3413 
"(h) The Administrator shall not take final action on any applica-
tion unless the applicant has paid to the Administrator a reasonable 
administrative fee, which shall be deposited into miscellaneous 
receipts of the Treasury. The amount of the fee imposed by the 
Administrator on any applicant shall reflect the reasonable admin-
istrative costs incurred by the National Oceanic and Atmospheric 
Administration in reviewing and processing the application.". 
TITLE VII—EXPOSURE SUITS 
SEC. 701. (a)(1) Chapter 31 of title 46, United States Code, is 
amended by adding at the end thereof the following: 
"§ 3102. Exposure suits 
"(a) The Secretary shall by regulation require exposure suits on 
vessels designated by the Secretary that operate in the Atlantic 
Ocean north of 32 degrees North latitude or south of 32 degrees 
South latitude and in all other waters north of 35 degrees North 
latitude or south of 35 degrees South latitude. The Secretary may 
not exclude a vessel from designation under this section only 
because that vessel carries other lifesaving equipment. 
"(b) The Secretary shall establish standards for an exposure suit 
required by this section, including standards to guarantee adequate 
thermal protection, buoyance, and flotation stability. 
"(c)(1) The owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel violating this section or a regulation 
prescribed under this section is liable to the United States Govern-
ment for a civil penalty of not more than $5,000. The vessel also is 
liable in rem for the penalty. 
"(2) The owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel violating this section or a regulation 
prescribed under this section may be fined not more than $25,000, 
imprisoned for not more than 5 years, or both.". 
(2) The analysis of chapter 31 of title 46, United States Code, is 
amended by inserting immediately after the item relating to section 
3101 the following: 
"3102. Exposure suits.". 
(b) Section 3102 of title 46, United States Code (as added by 
subsection (a) of this section), does not limit the authority of the 
Secretary of the department in which the Coast Guard is operating 
to prescribe regulations requiring exposure suits on vessels not 
required by section 3102 to have exposure suits. 
(c) The regulations prescribed under section 3102 of title 46, 
United States Code (as added by subsection (a) of this section), shall 
be effective not later than 60 days after the date of enactment of this 
title. 
46 use 3102. 
Regulations. 
Vessels. 
Health. 
46 use 3102 
note. 
Effective date. 
46 use 3102 
note. 
98 STAT. 3414 
PUBLIC LAW 98-623—NOV. 8, 1984 
Report. 
(d) Not later than six months after the date of enactment of this 
title, the Secretary of the department in which the Coast Guard is 
operating shall submit a report to the Congress evaluating the 
benefits and disadvantages of extending the regulations prescribed 
under section 3102 of title 46, United States Code (as added by 
subsection (a) of this section) to require exposure suits on designated 
vessels operating in all waters north of 31 degrees North latitude or 
south of 31 degrees South latitude. 
Approved November 8, 1984. 
LEGISLATIVE HISTORY—H.R. 6342: 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Oct. 4, considered and passed House. 
Oct. 10, considered and passed Senate.