To provide for the conveyance to the Utrok Atoll local government of a decommissioned National Oceanic and Atmospheric Administration ship, and for other purposes.
PL 108-219 (H.R.2584), enacted 04/13/2004

118 STAT. 615
PUBLIC LAW 108–219—APR. 13, 2004
Public Law 108–219
108th Congress
An Act
To provide for the conveyance to the Utrok Atoll local government of a decommis-
sioned National Oceanic and Atmospheric Administration ship, 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—UTROK ATOLL RADIOLOGICAL
MONITORING SUPPORT
SEC. 101. UTROK ATOLL RADIOLOGICAL MONITORING SUPPORT.
(a) In support of radiological monitoring, rehabilitation, and
resettlement of Utrok Atoll, whose residents were affected by United
States nuclear testing, the Secretary of Commerce may convey
to the Utrok Atoll local government without consideration, all right,
title, and interest of the United States in and to a decommissioned
National Oceanic and Atmospheric Administration ship in operable
condition.
(b) The Government of the United States shall not be respon-
sible or liable for any maintenance or operation of a vessel conveyed
under this section after the date of the delivery of the vessel
to Utrok.
(c) Within 120 days after the date of enactment of this Act,
the Utrok Atoll local government, in consultation with the Govern-
ment of the Republic of the Marshall Islands, shall submit a plan
for the use of the vessel to be conveyed under subsection (a) to
the House of Representatives Committee on Resources, the House
of Representatives Committee on Science, the Senate Committee
on Energy and Natural Resources, and the Senate Committee on
Commerce, Science, and Transportation.
TITLE II—RATIFICATION OF CERTAIN
NOAA APPOINTMENTS, PROMOTIONS,
AND ACTIONS
SEC. 201. RATIFICATION OF CERTAIN NOAA APPOINTMENTS, PRO-
MOTIONS, AND ACTIONS.
All action in the line of duty by, and all Federal agency actions
in relation to (including with respect to pay, benefits, and retire-
ment) a de facto officer of the commissioned corps of the National
Oceanic and Atmospheric Administration who was appointed or
Deadline.
Deadline.
Apr. 13, 2004
[H.R. 2584]
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118 STAT. 616
PUBLIC LAW 108–219—APR. 13, 2004
promoted to that office without Presidential action, and without
the advice and consent of the Senate, during such time as the
officer was not properly appointed in or promoted to that office,
are hereby ratified and approved if otherwise in accord with the
law, and the President alone may, without regard to any other
law relating to appointments or promotions in such corps, appoint
or promote such a de facto officer temporarily, without change
in the grade currently occupied in a de facto capacity, as an officer
in such corps for a period ending not later than 180 days from
the date of enactment of this Act.
TITLE III—INTERNATIONAL FISHERIES
REAUTHORIZATION
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘International Fisheries Reauthor-
ization Act of 2004’’.
SEC. 302. EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISH-
ERMEN’S PROTECTIVE ACT OF 1967.
Section 7(e) of the Fishermen’s Protective Act of 1967 (22 U.S.C.
1977(e)) is amended by striking ‘‘2003’’ and inserting ‘‘2008’’.
SEC. 303. REAUTHORIZATION OF YUKON RIVER SALMON ACT OF 2000.
Section 208 of the Yukon River Salmon Act of 2000 (16 U.S.C.
5727) is amended by striking ‘‘2000’’ and all that follows through
‘‘2003’’ and inserting ‘‘2004 through 2008’’.
SEC. 304. REBUILDING FISH STOCKS.
Section 105 of division H of the Consolidated Appropriations
Act, 2004, is repealed.
TITLE IV—PACIFIC ALBACORE TUNA
TREATY
SEC. 401. IMPLEMENTATION.
(a) IN GENERAL.—Notwithstanding anything to the contrary
in section 201, 204, or 307(2) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1821, 1824, and
1857(2)), foreign fishing may be conducted pursuant to the Treaty
between the Government of the United States of America and
the Government of Canada on Pacific Coast Albacore Tuna Vessels
and Port Privileges, signed at Washington May 26, 1981, including
its Annexes and any amendments thereto.
(b) REGULATIONS.—The Secretary of Commerce, with the
concurrence of the Secretary of State, may—
(1) promulgate regulations necessary to discharge the
obligations of the United States under the Treaty and its
Annexes; and
(2) provide for the application of any such regulation to
any person or vessel subject to the jurisdiction of the United
States, wherever that person or vessel may be located.
(c) ENFORCEMENT.—
(1) IN
GENERAL.—The Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1801 et seq.) shall
16 USC 1821
note.
Ante, p. 437.
16 USC 5701
note.
International
Fisheries
Reauthorization
Act of 2004.
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118 STAT. 617
PUBLIC LAW 108–219—APR. 13, 2004
LEGISLATIVE HISTORY—H.R. 2584 (S. 886):
HOUSE REPORTS: No. 108–378 (Comm. on Resources).
SENATE REPORTS: No. 108–58 accompanying S. 886 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD:
Vol. 149 (2003): Nov. 21, considered and passed House.
Vol. 150 (2004): Mar. 24, considered and passed Senate, amended.
Mar. 29, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Apr. 13, Presidential statement.
be enforced as if subsection (a) were a provision of that Act.
Any reference in the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.) to ‘‘this Act’’
or to any provision of that Act, shall be considered to be
a reference to that Act as it would be in effect if subsection
(a) were a provision of that Act.
(2) REGULATIONS.—The regulations promulgated under
subsection (b), shall be enforced as if—
(A) subsection (a) were a provision of the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.); and
(B) the regulations were promulgated under that Act.
SEC. 402. SOUTH PACIFIC TUNA TREATY ACT AMENDMENT.
Section 6 of the South Pacific Tuna Act of 1988 (16 U.S.C.
973d(a)) is amended by striking ‘‘outside of the 200 nautical mile
fisheries zones of the Pacific Island Parties.’’ and inserting ‘‘or
to fishing by vessels using the longline method in the high seas
areas of the Treaty area.’’.
Approved April 13, 2004.
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