[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3461 Enrolled Bill (ENR)]

        H.R.3461

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
   To approve a governing international fishery agreement between the 
    United States and the Republic of Poland, 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--GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH POLAND

SEC. 101. GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH POLAND.

    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 Republic of Poland, as 
contained in the message to Congress from the President 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 and 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 FISHERIES 
              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 fiscal 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 ``section'';
        (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 Fishery''.
    (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:

``SEC. 212. ANNUAL REPORT.

    ``The Secretary shall annually 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 Allocation 
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:

``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 Conservation 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;
        (E) by amending the style of the heading and designation for 
    each of sections 11 and 12 so as to conform to the style of the 
    headings and designations of the other sections of that Act; and
        (F) by striking ``Magnuson Fishery'' each place it appears and 
    inserting ``Magnuson-Stevens Fishery''.
    (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 CALIFORNIA TO 
              MANAGE DUNGENESS CRAB FISHERY.

    (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 Dungeness crab (Cancer 
magister) fishery for which there is no fishery management plan 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 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 California 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 of fish.
    (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 date of a fishery 
management plan for the fishery under the Magnuson-Stevens Fishery 
Conservation and Management Act.
    (g) Repeal.--Section 112(d) of Public Law 104-297 (16 U.S.C. 1856 
note) is repealed.
    (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.

                 TITLE III--NOAA HYDROGRAPHIC SERVICES

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Hydrographic Services Improvement 
Act of 1998''.

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 bathymetric surveying, 
    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, 
        certification, and dissemination of bathymetric, hydrographic, 
        geodetic, and tide and current information, including the 
        production of nautical charts, nautical information databases, 
        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.).

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;
        (2) promulgate standards for hydrographic data used by the 
    Administration in providing hydrographic services;
        (3) promulgate standards for hydrographic services provided by 
    the Administration;
        (4) ensure comprehensive geographic coverage of hydrographic 
    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 accessible 
    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 
    contracts or other agreements with private sector entities.
    (b) Authorities.--To fulfill the data gathering and dissemination 
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 hydrographic 
    services;
        (3) shall award contracts for the acquisition of hydrographic 
    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.

    (a) Definition.--For purposes of this section, the term 
``hydrographic product'' means any publicly or commercially available 
product 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 program that 
        is equally available to all applicants, under which the 
        Administrator may certify hydrographic products that satisfy 
        the standards promulgated by the Administrator 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 assurance 
    testing, evaluation, or studies necessary to determine whether the 
    hydrographic product satisfies the standards adopted under section 
    303(a)(3), including the cost of administering such a program.
    (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 hydrographic 
    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.

    (a) Ports.--Not later than 6 months after the date of the enactment 
of this Act, the Administrator and 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.--
        (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 maintain Federal expertise in hydrographic 
        services after the decommissioning of these vessels; and
            (D) an estimate of the cost of carrying out this plan.

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    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 functions 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 subsections 
    (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 Administration;
        ``(B) the need of the Administration to collect high-quality 
    oceanographic, fisheries, and hydrographic data and information on 
    a continuing basis;
        ``(C) the need for effective and safe operation of the 
    Administration's fisheries, hydrographic and oceanographic vessels;
        ``(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 described 
in paragraph (2), the Administrator shall provide notice 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 Oceanic and Atmospheric 
Administration Corps.

       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 Northwest 
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.

SEC. 405. LIMITATION.

    Nothing in this title provides the Commission with the authority to 
implement any Federal law or regulation.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.