An act to authorize appropriations to carry out the Marine Mammal Protection Act of 1972, for fiscal years 1985 through 1988, and for other purposes.
PL 98-364 (H.R.4997), enacted 07/17/1984

98 STAT. 440 
PUBLIC LAW 98-364—JULY 17, 1984 
Public Law 98-364 
98th Congress 
July 17, 1984 
[H.R. 4997] 
Fish and fishing. 
Tuna. 
An Act 
To authorize appropriations to carry out the Marine Mammal Protection Act of 1972, 
for fiscal years 1985 through 1988, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I 
• 
SEC. 101. The last sentence of section 101(aX2) of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1371(aX2)) is amended to 
read as follows: "For purposes of applying the preceding sentence, 
the Secretary— 
"(A) shall insist on reasonable proof from the government of 
any nation from which fish or fish products will be exported to 
the United States of the effects on ocean mammak of the 
commercial fishing technology in use for such fish or fish 
products exported from such nation to the United States; and 
"(B) in the case of yellowfin tuna harvested with purse seines 
in the eastern tropical Pacific Ocean, and products therefrom, 
to be exported to the United States, shall require that the 
government of the exporting nation provide documentary evi-
dence that— 
"(i) the government of the harvesting nation has adopted 
a regulatory program governing the incidental taking of 
marine mammals in the course of such harvesting that is 
comparable to that of the United States; and 
"(ii) the average rate of that incidental taking by the 
vessels of the harvesting nation is comparable to the aver-
age rate of incidental taking of marine mammals by United 
States vessels in the course of such harvesting.". 
SEC. 102. Section 104(h) of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1374(h)) is amended— 
(1) by inserting "(1)" after "(h)"; and 
(2) by adding at the end thereof the following paragraphs: 
"(2XA) Subject to subparagraph (B), the general permit issued 
under paragraph (1) on Etecember 1,1980 to the American Tunaboat 
Association is extended to authorize and govern the taking of 
marine mammals incidental to commercial purse seine fishing for 
yellowfin tuna during each year after December 31,1984. 
"(B) The extension granted under subparagraph (A) is subject to 
the following conditions: 
"(i) The extension shall cease to have force and effect at the 
time the general permit is surrendered or terminated. 
"(ii) The permittee and certificate holders shall use the best 
marine mammal safety techniques and equipment that are 
economically and technologically practicable. 
"(iii) During the period of the extension, the terms and condi-
tions of the general permit that are in effect on the date of the 
enactment of this paragraph shall apply, except that— 
PUBLIC LAW 98-364—JULY 17, 1984 
98 STAT. 441 
"(I) the Secretary may make such adjustments as may be 
appropriate to those terms and conditions that pertain to 
fishing gear and fishing practice requirements and to 
permit administration; 
"(11) any such term and condition may be amended or 
terminated if the amendment or termination is based on 
the best scientific information available, including that 
obtained under the monitoring program required under 
paragraph (3)(A); and 
"(III) during each year of the extension, not to exceed 250 
coastal spotted dolphin (Stenella attenuata) and not to 
exceed 2,750 eastern spinner dolphin (Stenella longirostris) 
may be incidentally taken under the general permit, and no 
accidental taking of either species is authorized at any time 
when incidental taking of that species is permitted. 
"(C) The quota on the incidental taking of coastal spotted dolphin 
and eastern spinner dolphin under paragraph (2}(B)(iii)(III) shall be 
treated— 
"(i) as within, and not in addition to, the overall annual quota 
under the general permit on the incidental taking of marine 
mammals; and 
"(ii) for purposes of paragraph (2)(B)(iii)(II), as a term of the 
general permit in effect on the date of the enactment of this 
paragraph. 
"(3)(A) The Secretary shall, commencing on January 1, 1985, 
undertake a scientific research program to monitor for at least five 
consecutive years, and periodically as necessary thereafter, the 
indices of abundance and trends of marine mammal population 
stocks which are incidentally taken in the course of commercial 
purse seine fishing for yellowfin tuna in the eastern tropical Pacific 
Ocean. 
"(B) If the Secretary determines, on the basis of the best scientific 
information available (including that obtained under the monitoring 
program), that the incidental taking of marine mammals permitted 
under the general permit referred to in paragraph (2) is having a 
significant adverse effect on a marine mammal population stock, the 
Secretary shall take such action as is necessary, after notice and an 
opportunity for an agency hearing on the record, to modify the 
applicable incidental take quotas or requirements for gear and 
fishing practices (or both such quotas and requirements) for such 
fishing so as to ensure that the marine mammal population stock is 
not significantly adversely affected by the incidental taking. 
"(C) For each year after 1984, the Secretary shall include in his 
annual report to the public and the Congress under section 103(f) a 
discussion of the proposed activities to be conducted each year as 
part of the monitoring program required by subparagraph (A). 
"(D) There are authorized to be appropriated to the Department of 
Commerce for purposes of carrying out the monitoring program 
required under this paragraph not to exceed $4,000,000 for the 
period beginning October 1, 1984, and ending September 30, 1988.". 
SEC. 103. (a) Section 201(b)(1) of the Marine Mammal Act of 1972 
(16 U.S.C. 14O10b)(l)) is amended by striking the second sentence 
thereof and inserting in lieu thereof the following: "The President 
shall make his selection from a list of individuals knowledgeable in 
the fields of marine ecology and resource management, and who are 
not in a position to profit from the taking of marine mammals. Such 
list shall be submitted to him by the Chairman of the Council on 
Dolphin. 
Dolphin. 
Research and 
development. 
Tuna. 
Report. 
President of 
U.S. 
98 STAT. 442 
PUBLIC LAW 98-364—JULY 17, 1984 
Environmental Quality and unanimously agreed to by that Chair-
man, the Secretary of the Smithsonian Institution, the Director of 
the National Science Foundation and the Chairman of the National 
Academy of Sciences.". 
(b) The first sentence of section 206 of such Act of 1972 (16 U.S.C. 
1406) is amended by adding immediately before the period at the 
end thereof the following: "; except that no fewer than 11 employees 
must be employed under paragraph (1) at any time". 
SEC. 104. Section 7 of the Act entitled "An Act to improve the 
operation of the Marine Mammal Protection Act of 1972, and for 
other purposes", approved October 9, 1981 (16 U.S.C. 1384 and 1407) 
is amended— 
(1) by amending subsection (a)— 
(A) by inserting "(other than section 104(h)(3))" immedi-
..jajqi„f' 
ately after "title I", and 
(B) by striking out "for fiscal year 1984." and inserting in 
lieu thereof "for each of fiscal years 1984, 1985, 1986, 1987, 
and 1988."; 
(2) by striking out "and $2,000,000 for fiscal year 1984." in 
subsection (b) and inserting in lieu thereof "$2,000,000 for fiscal 
year 1984, $2,500,000 for fiscal year 1985, and $3,000,000 for 
each of fiscal years 1986,1987, and 1988."; and 
(3) by striking out "for fiscal year 1984." in subsection (c) and 
'" 
inserting in lieu thereof "for each of fiscal years 1984, 1985, 
1986,1987, and 1988.". 
SEC. 105. Section 2(c) of the Fishery Conservation Zone Transition 
97 Stat. 217. 
Act (16 U.S.C. 1823 note) is amended— 
(1) by striking out "July 1,1984" in each of paragraphs (1) and 
(2) and inserting in lieu thereof "December 31,1985"; 
(2) by striking out "May 3, 1983" in paragraph (1) and insert-
ing in lieu thereof "May 8,1984"; 
(3) by striking out "May 3, 1983" in paragraph (2) and insert-
ing in lieu thereof "May 7,1984"; and 
International 
(4) by amending the last sentence thereof by striking out 
r^ar<fiZ,«nt 
"Each such governing international fishery agreement" and 
""^" 
inserting in lieu thereof "The government international fishery 
agreements referred to in paragraphs (1) and (2) shall enter into 
force and effect with respect to the United States on July 1, 
1984; and the governing international fishery agreement re-
ferred to in paragraph (3)". 
16 use 1823 
SEC. 106. Notwithstanding any provision of the Magnuson Fishery 
"°*^ 
Conservation and Management Act (16 U.S.C. 1801 et seq.), and 
upon certification by the Secretary of State to the President of the 
Senate and the Speaker of the House of Representatives that a new 
governing international fishery agreement in conformity with such 
Act has been negotiated by the United States and the European 
Economic Community, the existing governing international fishery 
T ^ 
agreement referred to in section 2(a)(7) of the Fishery Conservation 
^' '^' 
Zone Transition Act (16 U.S.C. 1823, note) may be extended or 
reinstated, as the case may be, and may be in force and effect with 
respect to the United States, for the period of time ending on the 
earlier of (1) the effective date of the new governing international 
fishery agreement, or (2) September 30,1984. 
i o>i bQ^i"h\'<ii'-'i s 0 HiSfic' fell 
agreement. 
PUBLIC LAW 98-364—JULY 17, 1984 
98 STAT. 443 
s 
TITLE II 
SEC. 201. (a) The Secretary of Commerce shall provide for the 
establishment of a National Coastal Resources Research and Devel-
opment Institute (hereinafter in this title referred to as the "Insti-
tute") to be administered by the Oregon State Marine Science 
Center. 
(b) The Institute shall conduct research and carry out educational 
and demonstration projects designed to promote the efficient and 
responsible development of ocean and coastal resources, including 
arctic resources. Such projects shall be based on biological, geologi-
cal, genetic, economic and other scientific research applicable to the 
purposes of this title and shall include studies on the economic 
diversification and environmental protection of the Nation's coastal 
areas. 
(c)(1) The policies of the Institute shall be determined by a Board 
of Governors composed of— 
(A) two representatives appointed D
y the Governor of Oregon; 
(B) one representative appointed by the Governor of Alaska; 
(C) one representative appointed by the Governor of 
Washington; 
(D) one representative appointed by the Governor of Califor-
nia; and 
(E) one representative appointed by the Governor of Hawaii. 
(2) Such policies shall include the selection, on a nationally com-
petitive basis, of the research, projects, and studies to be supported 
by the Institute in accordance with the purposes of this title. 
(d)(1) The Board of Governors shall establish an Advisory Council 
composed of specialists in ocean and coastal resources from the 
academic community. 
(2) To the maximum extent practicable, the Advisory Council shall 
be composed of such specialists from every coastal region of the 
Nation. 
(3) The Advisory Council shall provide such advice to the Board of 
Governors as such Board shall request, including recommendations 
regarding the support of research, projects, and studies in accord-
ance with the purposes of this title. 
(e) The Institute shall be administered by a Director who shall be 
appointed by the Chancellor of the Oregon Board of Higher Educa-
tion in consultation with the Board of Governors. 
(f) The Secretary of Commerce shall conduct an ongoing evalua-
tion of the activities of the Institute to ensure that funds received by 
the Institute under this title are used in a manner consistent with 
the provisions of this title. 
(g) The Institute shall report to the Secretary of Commerce on its 
activities within 2 years after the date of enactment of this Act. 
(h) The Comptroller General of the United States, and any of his 
duly authorized representatives, shall have access, for the purpose of 
audit and examination, to any books, documents, papers and records 
of the Institute that are pertinent to the funds received under this 
title. 
(i) Employees of the Institute shall not, by reason of such employ-
ment, be considered to be employees of the Federal Government for 
any purpose. 
0
*
) For the purposes of this title, there are authorized to be 
appropriated in each fiscal year $5,000,000, commencing with fiscal 
year 1985. 
National Coastal 
Resources 
Research and 
Development 
Institute 
16 u s e 1463b. 
Advisory 
Council. 
.+?;wa''>/ 
Study. 
Report. 
98 STAT. 444 
PUBLIC LAW 98-364—JULY 17, 1984 
Flood control. 
Cameron Parish, 
La. 
Vessels. 
SEC. 202. For purposes of sections 1305(c), 1315, and 1363 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4012(c), 4022, and 
4104) and section 202(a) of the Flood Disaster Protection Act of 1973 
(42 U.S.C. 4106(a)), the flood elevation determination made by the 
Director of the Federal Emergency Management Agency with 
respect to Cameron Parish in the State of Louisiana, and published 
m the Federal Register on July 28, 1983, and November 22, 1983, 
shall not be considered final before the expiration of the one-year 
period following the date of enactment of this Act. 
TITLE m 
SEC. 301. Section 7(e) of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1977(e)) is amended by striking "October 1,1984" and msert-
ing in lieu thereof "October 1,1987". 
SEC. 302. (a) Section 3 of the Fishermen's Protective Act of 1967 
(22 U.S.C. 1973) is amended— 
(1) by striking "Secretary of the Treasury in the eimount 
t 
certified to him by the Secretary of State" in the first sentence 
of subsection (a) and inserting in lieu thereof "Secretary of State 
in the amount determined and certified by him"; and 
(2) by amending subsection (b)— 
(A) by inserting "determination and" immediately before 
"certification" in the first sentence thereof; and 
(B) by striking "the Treasury" in the second and third 
sentences and inserting in lieu thereof "State". 
(b) Section 5(aXlXA) of such Act of 1967 (22 U.S.C. 1975(aXlXA)) is 
amended by striking "the Secretary of the Treasury" and inserting 
in lieu thereof "him". 
(c) The first sentence of section 9 of such Act of 1967 (22 U.S.C. 
1979) is amended by striking "Secretary of the Treasury" and 
inserting in lieu thereof "Secretary of State"; and by striking "certi-
fied to him by the Secretary of State" and inserting in lieu thereof 
"determined and certified by him". 
SEC. 303. (a) Section 2 of the Fishermen's Protective Act of 1967 
(22 U.S.C. 1972) is amended— 
(1) by amending paragraph (1) to read as follows: 
"(1) any vessel of the United States is seized by a foreign 
country on the basis of claims to jurisdiction that are not 
recognized by the United States, or on the basis of claims to 
jurisdiction recognized by the United States but exercised in a 
manner inconsistent with international law as recognized by 
the United States;"; and 
(2) by amending the matter appearing between subparagraph 
(D) and clause (i) of paragraph (2) to read as follows: 
"the Secretary of State, unless there is clear and convincing credible 
evidence that the seizure did not meet the requirements under 
paragraph (1) or (2), as the case may be, shall immediately take such 
steps as are necessary—". 
(b) Section 4 of such Act of 1967 (22 U.S.C. 1974) is amended by 
striking "any fishery cotivention or treaty to which the United 
States is a party." and inserting in lieu thereof "any applicable 
convention or treaty, if that treaty or convention was made with 
advice and consent to the Senate and was in force and effect for the 
United States and the seizing country at the time of the seizure.". 
PUBLIC LAW 98-364—JULY 17, 1984 
98 STAT. 445 
(c) The amendments made by subsections (a) and (b) apply with 
22 use 1972 
respect to seizures made after April 1, 1983, by foreign countries of note. 
vessels of the United States. 
TITLE IV 
Commercial 
Fishing Industry 
Vessel Act. 
46 u s e 2101 
note. 
Shipping. 
SEC. 401. This title may be cited as the "Commercial Fishing 
Industrv Vessel Act . 
SEC. 402. Subtitle 11 of title 46, United States Code, "Shipping", is 
amended as follows: 
(1) Section 2101 is amended by— 
97 Stat. 501. 
(A) amending clause (11) thereof to read as follows: 
"(11) 'fish' means finfish, moUusks, crustaceans, and 
all other forms of marine animal and plant life, except 
marine mammals and birds."; 
(B) inserting immediately after clause (11) the following: 
"(Ua) 'fishing vessel' means a vessel that commer-
cially engages in the catching, taking, or harvesting of 
fish or an activity that can reasonably be expected to 
^ '^'^^ 
result in the catching, taking, or harvesting of fish. 
"(lib) 'fish processing vessel' means a vessel that 
commercially prepares fish or fish products other than 
by gutting, decapitating, gilling, skinning, shucking, 
icing, or brine chilling. 
"(lie) 'fish tender vessel' means a vessel that com-
mercially supplies, stores, refrigerates, or transports 
fish, fish products, or materials directly related to fish-
ing or the preparation of fish to or from a fishing, fish 
processing, or fish tender vessel or a fish processing 
facility."; and 
(C) adding the following at the end of clause (21): 
"(E) on a fishing, fish processing, or fish tender vessel, 
means an individual transported on the vessel except— 
"(i) the owner; 
"(ii) a representative of the owner; 
"(iii) the managing operator; 
"(iv) the master; 
"(v) a crewmember engaged in the business of the 
vessel who has not contributed consideration for trans-
t 
portation on board and who is paid for services on 
board; 
"(vi) an employee of the owner, or of a subcontractor 
f' 
to the owner, engaged in the business of the owner; 
"(vii) a charterer of the vessel; 
"(viii) a person with the same relationship to a char-
terer as a person in subclause (ii) or (vi) of this sub-
clause has to an owner; or 
"(ix) a guest who has not contributed consideration 
for transportation on board.". 
(2) Section 3301 is amended by adding at the end thereof the 
97 Stat. 5io. 
following: 
"(11) fish processing vessels. 
"(12) fish tender vessels.". 
(3) Section 3302 (b) and (c) is amended to read as follows: 
97 Stat. 510. 
"(b) A fishing vessel, including a vessel chartered part-time as a 
fish tender vessel, is exempt from section 3301 (1), (7), (11), and (12) 
of this title. 
98 STAT. 446 
PUBLIC LAW 98-364—JULY 17, 1984 
; f
. 
"(cXD A fish processing vessel of not more than 5,000 gross tons is 
exempt from section 3301 (1), (6), (7), (11), and (12) of this title. 
"(2) A fish tender vessel of not more than 500 gross tons is exempt 
from section 3301 (1), (6), (7), (11), and (12) of this title.". 
97 Stat. 513. 
(4) Section 3304 is amended by adding at the end thereof the 
following: 
"(d) A fishmg, fish processing, or fish tender vessel that transports 
not more than 12 individuals employed in the fishing industry in 
addition to the crew is not subject to inspection as a passenger or 
small passenger vessel.". 
9
7 Stat. 513. 
(5) Section 3306 is amended by adding at the end thereof the 
following: 
"(g) In prescribing regulations for fish processing or fish tender 
vessels, the Secretary shall consult with representatives of the 
private sector having experience in the operation of these vessels. 
The regulations shall reflect the specialized nature and economics of 
fish processing or fish tender vessel operations and the character, 
design, and construction of fish processing or fish tender vessels.". 
97 Stat. 521. 
(6) Section 3702 is amended by— 
(A) amending subsection (c) to read as follows: 
"(c) This chapter does not apply to a fishing or fish tender vessel of 
not more than 500 gross tons when engaged only in the fishing 
industry."; and 
(B) amending the first sentence in subsection (d) to read 
as follows: "TMs chapter does not apply to a fish processing 
vessel of not more than 5,000 gross tons.". 
(7XA) The analysis of part B is amended by striking— 
"41. Uninspected vessels 
4101 
"43. Recreational vessels 
4301" 
and inserting in lieu thereof the following: 
"41. Uninspected vessels generally 
4101 
"43. Recreational vessels 
4301 
"45. Fish processing vessels 
4501". 
(B) The title of chapter 41 is amended to read as follows: 
"CHAPTER 41—UNINSPECTED VESSELS 
GENERALLY". 
(C) Part B is amended by adding the following immediately 
after chapter 43: 
"CHAPTER 45—FISH PROCESSING VESSELS 
"Sec. 
"4501. Application. 
''-
"4502. Regulations. 
"4503. Equivalency. 
1 
"4504. Penalties. 
46 use 4501. 
*
*
§ 4501. Application 
"(a) This chapter applies to an uninspected fish processing vessel 
entered into service sdter December 31,1987, and having more than 
ftic. i
f
e
>
=
;
T
i 16 individuals on board primarily employed in the preparation of 
fish or fish products— 
"(1) on the navigable waters of the United States; or 
PUBLIC LAW 98-364—JULY 17, 1984 
98 STAT. 447 
"(2) owned in the United States and operating on the high 
seas. 
"(b) This chapter does not apply to the carriage of liquid bulk 
dangerous cargoes regulated under chapter 37 of this title. 
^7 stat. 520. 
^ 
^ 
^ 
^ 
46 u s e 3701 et 
"§4502.ReguIation8 
rusC4502. 
"(a) For each vessel to which this chapter applies, the Secretary 
shall prescribe regulations for— 
"(1) navigation equipment, including radars, fathometers, 
^ 
" 
compasses, radar reflectors, lights, sound-producing devices, 
nautical charts, and anchors; 
"(2) life saving equipment, including life preservers, exposure 
-• *
'
^
^
^
' " 
suits, lifeboats or life rafts, emergency position indicating radio 
beacons, signaling devices, bilge pumps, bilge alarms, life- and 
grab-rails, and medicine chests; 
"(3) fire protection and firefighting equipment, including fire 
alarms, portable and semi-portable fire extinguishing equip- 
,,^ ^ n. 
ment, and flame arrestors; 
"(4) the use and installation of insulation material; 
"(5) storage methods for flammable or combustible material; 
and 
"(6) fuel, ventilation, and electrical systems. 
"(b) In prescribing regulations under suMection (a) of this section, 
the Secretary shall— 
; 
"(1) consider the specialized nature and economics of fish 
processing vessel operations and the character, design, and 
construction of fish processing vessels; 
n x\isr 
"(2) consult with representatives of the private sector having 
experience in the operation of these vessels to ensure the practi-
cability of these regulations; and 
"(3) not compel alteration of a vessel to which the exemption 
applies or item of equipment on that vessel, or of the construc-
tion of a vessel or manufacture of a particular item of equip-
ment which is begun before the effective date of the regulation. 
"§ 4503. Equivalency 
4
6 use 4503 
• jf 
"A vessel to which this chapter applies shall be deemed to comply 
with the requirements of this chapter if it has an unexpired certifi-
cate of inspection issued by a foreign country that is a party to an 
International Convention for Safety of Life at Sea to which the 
1
6 U
S
T 185. 
United States Government is currently a party and shall not be 
required by the Secretary to alter or replace the equipment or 
structural requirements required under this chapter. 
"§ 4504. Penalties 
46 use 4504 
"If a vessel to which this chapter applies is operated in violation of 
this chapter or a regulation prescribed under this chapter, the 
owner, charterer, managing operator, agent, master, and individual 
in charge are each liable to the United States Government for a civil 
penalty of not more than $1,000. The vessel also is liable in rem for 
the penalty.", 
(8XA) Item 7111 in the analysis of chapter 71 is amended to 
, 
read as follows: 
"Till. Oral examinations for licenses.". 
(B) Section 7111 is amended to read as follows: 
9
7 Stat. 541. 
98 STAT. 448 
PUBLIC LAW 98-364—JULY 17, 1984 
46 use 7111. 
"§ 7111. Oral examinations for licenses 
"An individual may take an oral examination for a license to 
serve on a fishing, fish processing, or fish tender vessel not required 
97 Stat. 509. 
to be inspected under Part B of this subtitle.". 
(9)(A) The analysis of chapter 73 is amended by inserting 
- 
' 
immediately after item 7311 the following: 
"7311a. Able seamen—fishing industry.". 
97 Stat. 541. 
(B) Section 7301(aXl) is amended by striking "decked fishing 
vessels" and inserting in lieu thereof "fishing, fish processing, 
fish tender vessels". 
97 Stat. 542. 
(C) Section 7306(b) is amended by adding at the end thereof 
the following: 
; 
"(6) able seaman—fishing industry.". 
(D) Chapter 73 is amended by inserting immediately after 
7311 the following: 
46 use 7311a 
"§ 7311a. Able seamen—fishing Industry 
"For service on a fish processing vessel, an individual may be 
rated as able seaman—fishing industry if the individual has at least 
6 months' service on deck on board vessels operating on the oceans 
or the navigable waters of the United States (including the Great 
Lakes).". 
97 Stat. 543. 
(E) Section 7312 is amended by adding at the end thereof the 
following: 
"(f) Individuals qualified as able seamen—fishing industry under 
Supra. 
section 731 la of this title may constitute— 
"(1) all of the able seamen required on a fish processing vessel 
entered into service before January 1, 1988, and of more than 
1,600 gross tons but not more than 5,000 gross tons; and 
"(2) all of the able seamen required on a fish processing vessel 
entered into service after December 31, 1987, and having more 
than 16 individuals on board primarily employed in the prepa-
ration of fish or fish products but of not more than 5,000 gross 
tons.". 
97 Stat. 548. 
(10) Section 8102 is amended by 
(A) inserting "(a)" immediately before the first para-
graph; and 
,,. J p j 
(B) adding at the end thereof the following: 
i •' " 
"(b) The owner, charterer, managing operator, agent, master, or 
individual in charge of a fish processing vessel of more than 100 
gross tons shall keep a suitable number of watchmen trained in 
firefighting on board when hotwork is being done to guard against 
and give alarm in case of a 
fire.". 
, 
^ 
97 Stat. 549. 
(11) Section 8104 is amended by— 
(A) striking "100 gross tons," in subsection (b) and insert-
ing in lieu thereof "100 gross tons (except a fishing, fish 
processing, or fish tender vessel),"; 
(B) striking "fishing" in subsection (c) and inserting in 
lieu thereof "fishing, fish processing, fish tender,"; 
(C) striking "a fishing or whaling vessel," in subsection 
(d) and inserting in lieu thereof "a fishing, fish tender, or 
whaling vessel, a fish processing vessel of not more than 
5,000 gross tons,"; and 
i i
H
i jiiiB T
« 
(D) adding at the end thereof the following: 
PUBLIC LAW 98-364—JULY 17, 1984 
98 STAT. 449 
"(k) On a fish processing vessel subject to inspection under part B 
of this subtitle, the licensed individuals and deck crew may be 
^^ Stat. 509. 
divided, when at sea, into at least 3 watchers. 
"(1) Except as provided in subsection (k) of this section, on a fish 
processing vessel, the licensed individuals and deck crew may be 
divided, when at sea, into at least 2 watches if the vessel— 
"(1) entered into service before January 1, 1988, and is more 
than 1,600 gross tons; or 
.^j T
-
V 
"(2), entered into service after December 31, 1987, and has 
more than 16 individuals on board primarily employed in the 
preparation of fish or fish products. 
,; - 
j) 
"(m) This section does not apply to a fish processing vessel— 
"(1) entered into service before January 1,1988, and not more 
than 1,600 gross tons; or 
"(2) entered into service after December 31, 1987, and having 
not more than 16 individuals on board primarily employed in 
the preparation of fish or fish products.". 
(12)(A) Section 8701(a) is amended by— 
97 Stat. 554. 
(i) striking "fishing or whaling" and inserting in lieu 
thereof "fishing, fish tender, or whaling"; 
(ii) striking "and" after the semicolon at the end of clause 
(4); 
(iii) striking the period at the end of clause (5) and 
• 
inserting in lieu thereof a semicolon; and 
(iv) adding at the end thereof the following: 
- 
"(6) a fish processing vessel entered into service before Janu-
ary 1, 1988, and not more than 1,600 gross tons or entered into 
service after December 31, 1987, and having not more than 16 
individuals on board primarily employed in the preparation of 
fish or fish products; and 
"(7) a fish processing vessel (except a vessel to which clause (6) 
of this subsection applies) with respect to individuals on board 
primarily employed in the preparation of fish or fish products or 
in a support position not related to navigation.". 
(B) Section 8702(a) is amended by— 
97 Stat. 554. 
(i) striking "fishing or whaling" and inserting in lieu 
thereof "fishing, fish tender, or whaling"; 
, ,, ^ 
(ii) striking "and" after the semicolon at the end of clause 
(4); 
(iii) striking the period at the end of clause (5) and 
inserting in lieu thereof a semicolon; and 
(iv) adding at the end thereof the following: 
"(6) a fish processing vessel entered into service before Janu-
ary 1, 1988, and not more than 1,600 gross tons or entered into 
service after December 31, 1987, and having not more than 16 
individuals on board primarily employed in the preparation of 
fish or fish products; and 
"(7) a fish processing vessel (except a vessel to which clause (6) 
of this subsection applies) with respect to individuals on board 
primarily employed in the preparation of fish or fish products or 
in a support position not related to navigation.". 
(13) Section 10101(a) is amended by adding at the end thereof 
97 Stat. 560. 
the following: 
"(4) "fishing vessel" includes— 
"(A) a fish tender vessel; or 
"(B) a fish processing vessel entered into service before 
January 1, 1988, and not more than 1,600 gross tons or 
98 STAT. 450 
PUBLIC LAW 98-364—JULY 17, 1984 
entered into service after December 31, 1987, and having 
not more than 16 individuals on board primarily employed 
in the preparation offish or fish products.". 
97 Stat. 580. 
(14) Section 11108 is amended by striking "a 
fisherman 
employed on a fishing vessel" and inserting in lieu thereof "an 
individual employed on a fishing vessel or any fish processing 
vessel 
97 Stat. 580. 
(15) Section 11109(c) is amended to read as follows: 
"(c) This section applies to an individual employed on a fishing 
vessel or any fish processing vessel,". 
97 Stat. 585. 
(16) Section 12101 is amended by adding at the end thereof the 
following: 
"(6) 'fisheries' includes planting, cultivating, catching, taking, 
or harvesting fish, shellfish, marine animals, pearls, shells, or 
marine vegetation in the navigable waters of the United States 
or in the fishery conservation zone established by section 101 of 
the Magnuson Fishery Conservation and Management Act of 
1976 (16 U.S.C. 1811).". 
46 use 3302 
SEC. 403. (a) Before January 1, 1990, a fishing, fish processing, or 
note. 
^ j j tender vessel, that is (1) not more than 500 gross tons and (2) in 
operation, or contracted for purchase to be used as a vessel of this 
type, before July 1, 1984, may transport cargo to or from a place in 
Alaska not receiving weekly transportation service from a port of 
the United States by an established water common carrier, except 
that the service limitation does not apply to transporting cargo of a 
type not accepted by that carrier. 
(b) A fish processing vessel entered into service before January 1, 
1988, and more than 1,600 gross tons or entered into service after 
December 31, 1987, and having more than 16 individuals on board 
primarily employed in the preparation of fish or fish products is 
97 Stat. 554. 
exempt from section 8702(b) of title 46, United States Code, until 18 
months after the date of enactment of this Act. 
, 
., 
(c) As used in subsections (a) and (b) of this section, the terms 
^ "^ 
"fishing vessel", "fish processing vessel" and "fish tender vessel" 
shall have the meaning given to such terms in section 2101 of title 
Ante. p. 445. 
46, United States Code. 
Approved July 17, 1984. 
(K«l 1' 
LEGISLATIVE HISTORY—H.R. 4997: 
HOUSE REPORT No. 98-758 (Comm. on Merchant Marine and Fisheries). ' * 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
June 5, considered and passed House. 
June 27, considered and passed Senate, amended; House concurred in Senate 
amendment.