To approve a governing international fishery agreement between the United States and the Republic of Poland.
PL 105-384 (H.R.3461), enacted 11/13/1998

PUBLIC LAW 105-384—NOV. 13, 1998 
112 STAT. 3451 
Public Law 105-384 
105th Congress 
An Act 
To approve a governing international fishery agreement between the United States 
Nov. 13, 1998 
and the Republic of Poland, and for other purposes. 
[H R 3461] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
TITLE I—GOVERNING INTERNATIONAL 
FISHERY AGREEMENT WITH POLAND 
SEC. 101. GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH 
16 USC 1823 
POLAND. 
note. 
Notwithstanding section 203 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1823), the governing 
international fishery agreement between the Government of the 
United States of America and the Government of the RepubHc 
of Poland, as contained in the message to Congress from the Presi-
dent of the United States dated February 5, 1998, is approved 
as a governing international fishery agreement for the purposes 
of such Act and shall enter into force £ind effect with respect 
to the United States on the date of the enactment of this Act. 
TITLE II—MISCELLANEOUS FISHERIES 
PROVISIONS 
SEC. 201. REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISH-
ERIES CONVENTION ACT OF 1995. 
(a) REAUTHORIZATION.—Section 211 of the Northwest Atlantic 
Fisheries Convention Act of 1995 (16 U.S.C. 5610) is amended 
by striking "for each of" and all that follows through the end 
of the sentence and inserting "for each fiscal year through fiscEd 
year 2001.". 
(b) MISCELLANEOUS TECHNICAL AMENDMENTS.—The Northwest 
Atlantic Fisheries Convention Act of 1995 is further amended— 
(1) in section 207(e) (16 U.S.C. 5606(e)), by striking 
"sections" and inserting "s^tion"; 
(2) in section 209(c) (16 U.S.C. 5608(c)), by striking "chapter 
17" and inserting "chapter 171"; and 
(3) in section 210(6) (16 U.S.C. 5609(6)), by striking "the 
Magnuson Fishery" and inserting "the Magnuson-Stevens 
Fisher/'. 
112 STAT. 3452 
PUBLIC LAW 105-384—NOV. 13, 1998 
(c) REPORT REQUIREMENT.—The Northwest Atlantic Fisheries 
Convention Act of 1995 (16 U.S.C. 201 et seq.) is further amended 
by adding at the end the following: 
16 use 5611. 
"SEC. 212. ANNUAL REPORT. 
"The Secretary shall Einnually report to the Congress on the 
activities of the Fisheries Commission, the General Council, the 
Scientific Council, and the consultative committee established under 
section 208.". 
(d) NORTH ATLANTIC FISHERIES ORGANIZATION QUOTA ALLOCA-
TION PRACTICE.—The Northwest Atlantic Fisheries Convention Act 
of 1995 (16 U.S.C. 201 et seq.) is further amended by adding 
at the end the following: 
16 use 5612. 
"SEC. 213. QUOTA ALLOCATION PRACTICE. 
"(a) IN GENERAL.—The Secretary of Commerce, acting through 
the Secretary of State, shall promptly seek to establish a new 
practice for allocating quotas under the Convention that— 
"(1) is predictable and transparent; 
"(2) provides fishing opportunities for all members of the 
Organization; and 
"(3) is consistent 
with the Straddling 
Fish 
Stocks 
Agreement. 
"(b) REPORT.—The Secretary of Commerce shall include in 
annual reports under section 212— 
"(1) a description of the results of negotiations held 
pursuant to subsection (a); 
"(2) an identification of barriers to achieving such a new 
allocation practice; and 
"(3) recommendations for any further legislation that is 
necessary to achieve such a new practice. 
"(c) DEFINITION.—In this section the term 'Straddling Fish 
Stocks Agreement' means the United Nations Agreement for the 
Implementation of the Provisions of the United Nations Convention 
on the Law of the Sea of 10 December 1982 Relating to the Con-
servation and Management of Straddling Fish Stocks and Highly 
Migratory Fish Stocks.". 
SEC. 202. REAUTHORIZATION OF THE ATLANTIC TUNAS CONVENTION 
ACT OF 1975. 
(a) REAUTHORIZATION.—Section 10(4) of the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971h(4)) is amended by striking 
. "For fiscal year 1998," and inserting "For each of fiscal years 
1998,1999, 2000, and 2001,". 
(b) MISCELLANEOUS TECHNICAL AMENDMENTS.—(1) The Atlantic 
Tunas Convention Act of 1975 is further amended— 
(A) in section 2 (16 U.S.C. 971), by redesignating the second 
paragraph (4) as paragraph (5); 
(B) in section 5(b) (16 U.S.C. 971c(b)), by striking "fisheries 
zone" and inserting "exclusive economic zone"; 
(C) in section 6(c)(6) (16 U.S.C. 971d(c)(6))— 
(i) by designating the last sentence as subparagraph 
(B), and by indenting the first line thereof; and 
(ii) in subparagraph (A)(iii), by striking "subparagraph 
(A)" and inserting "clause (i)"; 
(D) by redesignating the first section 11 (16 U.S.C. 971 
note) as section 13, and moving that section so as to appear 
after section 12 of that Act; 
PUBLIC LAW 105-384—NOV. 13, 1998 
112 STAT. 3453 
(E) by amending the style of the heading and designation 
for each of sections 11 £ind 12 so as to conform to the style 
l6USC97lj, 
of the headings and designations of the other sections of that ^'^ik-
Act; and 
(F) by striking "Magnuson Fishery" each place it appears 
16USC971, 
and inserting "Magnuson-Stevens Fishery". 
97lb, 97ld, 97le. 
(2) Section 3(b)(3)(B) of the Act of September 4, 1980 (Public 
Law 96-339; 16 U.S.C. 971i(b)(3)(B)), is amended by inserting "of 
1975" after "Act". 
SEC. 203. AUTHORITY OF STATES OF WASHINGTON, OREGON, AND 16 USC 1856 
CALIFORNIA TO MANAGE DUNGENESS CRAB FISHERY. 
note. 
(a) IN GENERAL.—Subject to the provisions of this section and 
notwithstanding section 306(a) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1856(a)), each of 
the States of Washington, Oregon, and California may adopt and 
enforce State laws and regulations governing fishing and processing 
in the exclusive economic zone adjacent to that State in any Dunge-
ness crab (Cancer magister) fishery for which there is no fishery 
management plem in effect under that Act. 
(b) REQUIREMENTS FOR STATE MANAGEMENT.—Any law 
or 
regulation adopted by a State under this section for a Dungeness 
crab fishery— 
(1) except as provided in paragraph (2), shall apply equally Applicability. 
to vessels engaged in the fishery in the exclusive economic 
zone and vessels engaged in the fishery in the waters of the 
State, and without regard to the State that issued the permit 
under which a vessel is operating; 
(2) shall not apply to any fishing by a vessel in exercise 
of tribal treaty rights except as provided in United States 
V. Washington, D.C. No. CV-70-09213, United States District 
Court for the Western District of Washington; and 
(3) shall include any provisions necessary to implement 
tribal treaty rights pursuant to the decision in. United States 
V. Washington, D.C. No. CV-70-09213. 
(c) LIMITATION ON ENFORCEMENT OF STATE LIMITED ACCESS 
SYSTEMS.—^Any law of the State of Washington, Oregon, or Califor-
nia that establishes or implements a limited access system for 
a Dungeness crab fishery may not be enforced against a vessel 
that is otherwise legally fishing in the exclusive economic zone 
adjacent to that State and that is not registered under the laws 
of that State, except a law regulating landings. 
(d) STATE PERMIT OR TREATY RIGHT REQUIRED.—NO vessel may 
harvest or process Dungeness crab in the exclusive economic zone 
adjacent to the State of Washington, Oregon, or California, except 
as authorized by a permit issued by any of those States or pursuant 
to any tribal treaty rights to Dungeness crab pursuant to the 
decision in United States v. Washington, D.C. No. CV-70-09213. 
(e) 
STATE 
AUTHORITY 
OTHERWISE 
PRESERVED.—Except 
as 
expressly provided in this section, nothing in this section reduces 
the authority of any State under the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) to 
regulate fishing, fish processing, or landing offish. 
(f) TERMINATION OF AUTHORITY.—The authority of the States 
of Washington, Oregon, and California under this section with 
respect to a Dungeness crab fishery shall expire on the effective 
112 STAT. 3454 
PUBLIC LAW 105-384—NOV. 13, 1998 
date of a fishery management plan for the fishery under the Magnu-
son-Stevens Fishery Conservation and Management Act. 
(g) REPEAL.—Section 112(d) of Pubhc Law 104-297 (16 U.S.C. 
1856 note) is repealed. 
Applicability. 
(h) DEFINITIONS.—The definitions set forth in section 3 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1802) shall apply to this section. 
(i) SUNSET.—This section shall have no force or effect on and 
after September 30, 2001. 
Hydrographic 
TITLE III—NOAA HYDROGRAPHIC 
Services 
GT7'T>17T#^T7"C 
Improvement Act 
OJCiXV V 1 Vy J L o 
of 1998. 
33 u s e 851 note. 
SEC. 301. SHORT TITLE. 
This title may be cited as the "Hydrographic Services Improve-
ment Act of 1998". 
33 u s e 892. 
SEC. 302. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term "Administrator" means the 
Administrator of the National Oceanic and 
Atmospheric 
Administration. 
(2) ADMINISTRATION.—The term "Administration" means 
the National Oceanic and Atmospheric Administration. 
(3) HYDROGRAPHIC DATA.—The term "hydrographic data" 
means information acquired through hydrographic or bathy-
metric surve3dng, photogrammetry, geodetic measurements, 
tide and current observations, or other methods, that is used 
in providing hydrographic services. 
(4) HYDROGRAPHIC SERVICES.—The term "hydrographic 
services" means— 
(A) the management, maintenance, interpretation, cer-
tification, and dissemination of bathymetric, hydrographic, 
geodetic, and tide and current information, including the 
production of nautical charts, nautical information data-
bases, and other products derived from hydrographic data; 
(B) the development of nautical information systems; 
and 
(C) related activities. 
(5) ACT OF 1947.—The term "Act of 1947" means the Act 
entitled "An Act to define the functions and duties of the 
Coast and Geodetic Survey, and for other purposes", approved 
August 6, 1947 (33 U.S.C. 883a et seq.). 
33 u s e 892a. 
SEC. 303. FUNCTIONS OF THE ADMINISTRATOR. 
(a) RESPONSIBILITIES.—To fulfill 
the data gathering 
and 
dissemination duties of the Administration under the Act of 1947, 
the Administrator shall— 
(1) acquire and disseminate hydrographic data; 
Standards. 
(2) promulgate standards for hydrographic data used by 
the Administration in providing hydrographic services; 
(3) 
promulgate 
standards 
for 
hydrographic 
services 
provided by the Administration; 
PUBLIC LAW 105-384—NOV. 13, 1998 
112 STAT. 3455 
(4) ensure comprehensive geographic coverage of hydro-
graphic services, in cooperation with other appropriate Federal 
agencies; 
(5) maintain a national database of hydrographic data, 
in cooperation with other appropriate Federal agencies; 
(6) provide hydrographic services in uniform, easily acces-
sible formats; 
(7) participate in the development of, and implement for 
the United States in cooperation with other appropriate Federal 
agencies, international standards for hydrographic data and 
hydrographic services; and 
(8) to the greatest extent practicable and cost-effective, 
fulfill the requirements of paragraphs (1) and (6) through con-
tracts or other agreements with private sector entities. 
(b) AUTHORITIES.—To fulfill the data gathering and dissemina-
tion duties of the Administration under the Act of 1947, and subject 
to the availability of appropriations, the Administrator— 
(1) may procure, lease, evaluate, test, develop, and operate 
vessels, equipment, and technologies necessary to ensure safe 
navigation and maintain operational expertise in hydrographic 
data acquisition and hydrographic services; 
(2) may enter into contracts and other agreements with 
qualified entities, consistent with subsection (a)(8), for the 
acquisition of hydrographic data and the provision of hydro-
graphic services; 
(3) shall award contracts for the acquisition of hydrographic Contracts. 
data in accordance with title IX of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.); 
and 
(4) may design and install where appropriate Physical 
Oceanographic Real-Time Systems to enhance navigation safety 
and efficiency. 
SEC. 304. QUALITY ASSURANCE PROGRAM. 
33 USC 892b. 
(a) DEFINITION.—For purposes of this section, the term "hydro-
graphic product" means any publicly or commercially available prod-
uct produced by a non-Federal entity that includes or displays 
hydrographic data. 
(b) PROGRAM.— 
(1) IN GENERAL.—The Administrator may— 
(A) develop and implement a quality assurance pro-
gram that is equally available to all applicants, under 
which the Administrator may certify hydrographic products 
that satisfy the standards promulgated by the Adminis-
trator under section 303(a)(3); 
(B) authorize the use of the emblem or any trademark 
of the Administration on a hydrographic product certified 
under subparagraph (A); and 
(C) charge a fee for such certification and use. 
(2) LIMITATION ON FEE AMOUNT.—^Any fee under paragraph 
(1)(C) shall not exceed the costs of conducting the quality assur-
ance testing, evaluation, or studies necessary to determine 
whether the hydrographic product satisfies the standards 
adopted under section 303(a)(3), including the cost of admin-
istering such a program. 
112 STAT. 3456 
PUBLIC LAW 105-384—NOV. 13, 1998 
(c) LIMITATION ON LIABILITY.—The Government of the United 
States shall not be liable for any negligence by a person that 
produces hydrographic products certified under this section. 
(d) HYDROGRAPHIC SERVICES ACCOUNT.— 
(1) ESTABLISHMENT.—There is established in the Treasury 
a separate account, which shall be known as the "Hydrographic 
Services Account". 
(2) CONTENT.—^The account shall consist of— 
(A) amounts received by the United States as fees 
charged under subsection (b)(1)(C); and 
(B) such other amounts as may be provided by law. 
(3) USE.—^Amounts in the account shall be available to 
the Administrator, without further appropriation, for hydro-
graphic services. 
(e) LIMITATION ON NEW FEES AND INCREASES IN EXISTING FEES 
FOR HYDROGRAPHIC SERVICES.—After the date of the enactment 
of this Act, the Administrator may not— 
(1) establish any fee or other charge for the provision 
of any hydrographic service except as authorized by this section; 
or 
(2) increase the amount of any fee or other charge for 
the provision of any hydrographic service except as authorized 
by this section and section 1307 of title 44, United States 
Code. 
SEC. 305. REPORTS. 
Deadline. 
(a) PORTS.—^Not later than 6 months after the date of the 
enactment of this Act, the Administrator £ind the Commandant 
of the Coast Guard shall report to the Congress on— 
(1) the status of implementation of real-time tide and 
current data systems in United States ports; 
(2) existing safety and efficiency needs in United States 
ports that could be met by increased use of those systems; 
and 
(3) a plan for expanding those systems to meet those needs, 
including an estimate of the cost of implementing those systems 
in priority locations. 
(b), MAINTAINING 
FEDERAL 
EXPERTISE 
IN 
HYDROGRAPHIC 
SERVICES.— 
Deadline. 
(1) IN GENERAL.—Not later than 6 months after the date 
of the enactment of this Act, the Administrator shall report 
to the Congress on a plan to ensure that Federal competence 
and expertise in hydrographic surveying will be maintained 
after the decommissioning of the 3 existing Administration 
hydrographic survey vessels. 
(2) CONTENTS.—The report shall include— 
(A) an evaluation of the seagoing capacity, personnel, 
and equipment necessary to maintain Federal expertise 
in hydrographic services; 
(B) an estimated schedule for decommissioning the 
3 existing survey vessels; 
(C) a plan to medntain Federal expertise in hydro-
graphic services after the decommissioning of these vessels; 
and 
(D) an estimate of the cost of carrying out this plan. 
PUBLIC LAW 105-384—NOV. 13, 1998 
112 STAT. 3457 
SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 
33 USC 892. 
There is authorized to be appropriated to the Administrator 
the following: 
(1) To carry out nautical mapping and charting functions 
under the Act of 1947 and sections 303 and 304, except for 
conducting hydrographic surveys, $33,000,000 for fiscal year 
1999, $34,000,000 for fiscal year 2000, and $35,000,000 for 
fiscal year 2001. 
(2) To conduct 
hydrographic 
surveys 
under 
section 
303(a)(1), including the leasing of ships, $33,000,000 for fiscal 
year 1999, $35,000,000 for fiscal year 2000, and $37,000,000 
for fiscal year 2001. Of these amounts, no more than 
$16,000,000 is authorized for any one fiscal year to operate 
hydrographic survey vessels owned and operated by the 
Administration. 
(3) To carry out geodetic fimctions under the Act of 1947, 
$25,000,000 for fiscal year 1999, $30,000,000 for fiscal year 
2000, and $30,000,000 for fiscal year 2001. 
(4) To carry out tide and current measurement functions 
under the Act of 1947, $22,500,000 for each of fiscal years 
1999 through 2001. Of these amounts $4,500,000 is authorized 
for each fiscal year to implement and operate a national quality 
control system for real-time tide and current and maintain 
the national tide network, and $7,000,000 is authorized for 
each fiscal year to design and install real-time tide and current 
data measurement systems under section 303(b)(4). 
SEC. 307. AUTHORIZED NUMBER OF NOAA CORPS COMMISSIONED 
OFFICERS. 
(a) AUTHORIZED NUMBER.—Section 2 of the Coast and Geodetic 
Survey Commissioned Officers' Act of 1948 (33 U.S.C. 853a) is 
amended— 
(1) by redesignating subsections (a) through (e) as sub-
sections (b) through (f), respectively; and 
(2) by inserting before subsection (b), as redesignated, the 
following: 
"(a)(1) Except as provided in paragraph (2), there are authorized 
to be not less than 264 and not more than 299 commissioned 
officers on the active list of the National Oceanic and Atmospheric 
Administration for fiscal years 1999, 2000, 2001, 2002, and 2003. 
"(2) The Administrator may reduce the number of commissioned 
officers on the active list below 264 if the Administrator determines 
that it is appropriate, taking into consideration— 
"(A) the number of billets on the fisheries, hydrographic, 
and oceanographic vessels owned and operated by the Adminis-
tration; 
"(B) the need of the Administration to collect high-quality 
oceanographic, fisheries, and hydrographic data and informa-
tion on a continuing basis; 
"(C) the need for effective and safe operation of the 
Administration's fisheries, hydrographic and oceanographic ves-
sels; 
"(D) the need for effective management of the commissioned 
Corps; and 
"(E) the protection of the interests of taxpayers. 
"(3) At least 90 days before beginning any reduction as Notice. 
described in paragraph (2), the Administrator shall provide notice 
112 STAT. 3458 
PUBLIC LAW 105-384—NOV. 13, 1998 
of such reduction to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Resources 
of the House of Representatives.". 
(b) OFFICER RESPONSIBLE FOR COMMISSIONED OFFICERS AND 
VESSEL FLEET.—Section 24(a) of the Coast and Geodetic Survey 
Commissioned Officers' Act of 1948 (33 U.S.C. 853u(a)) is amended 
by inserting "One such position shall be appointed from the officers 
on the active duty promotion list serving in or above the grade 
of captain, and who shall be responsible for administration of the 
commissioned officers, and for oversight of the operation of the 
vessel fleet, of the Administration." before "An officer". 
(c) RELIEF FROM MORATORIUM ON NEW APPOINTMENTS.—The 
Secretary of Commerce immediately shall terminate the moratorium 
on new appointments of commissioned officers to the National Oce-
anic and Atmospheric Administration Corps. 
Northwest 
Straits Msirine 
Conservation 
Initiative Act. 
Records. 
TITLE IV—NORTHWEST STRAITS 
MARINE CONSERVATION INITIATIVE 
SEC. 401. SHORT TITLE. 
This title may be cited as the "Northwest Straits Marine 
Conservation Initiative Act". 
SEC. 402. ESTABLISHMENT. 
There is established a commission to be known as the North-
west Straits Advisory Commission (in this title referred to as the 
"Commission"). 
SEC. 403. ORGANIZATION AND OPERATION. 
The Commission shall be organized and operated in accordance 
with the provisions of the Northwest Straits Citizen's Advisory 
Commission Report of August 20, 1998, on file with the Secretary 
of Commerce (in this title referred to as the "Report"). 
SEC. 404. FUNDING. 
(a) IN GENERAL.—The Secretary of Commerce may, from 
amounts available to the Secretary to carry out the work of the 
Commission, provide assistance for use in accordance with the 
Report and the priorities of the Commission— 
(1) to collect marine resources data in the Northwest 
Straits; 
(2) to coordinate Federal, State, and local marine resources 
protection and restoration activities in the Northwest Straits; 
and 
(3) to carry out other activities identified in the Report 
as important to the protection and restoration of marine 
resources in the Northwest Straits. 
(b) PROVISION.—The Secretary may provide the assistance 
authorized by subsection (a) through the Director of the Padilla 
Bay National Estuarine Research Reserve, unless the Governor 
of the State of Washington objects. If the Governor objects, then 
the Secretary may provide the assistance though the Administrator 
of the National Oceanic and Atmospheric Administration. 
PUBLIC LAW 105-384—NOV. 13, 1998 
112 STAT. 3459 
SEC. 405. LIMITATION. 
Nothing in this title provides the Commission with the author-
ity to implement any Federal law or regulation. 
Approved November 13, 1998. 
LEGISLATIVE HISTORY—H.R. 3461: 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Oct. 12, considered and passed House. 
Oct. 21, considered and passed Senate.