Volume 98 · 3394
Public Law 98–623
To approve governing international fishery agreements with Iceland and the EEC; to establish national standards for artificial reefs; to implement the Convention on the Conservation of Antarctic Marine Living Resources; and for the other purposes.
Approved November 8, 1984
Statutory text
An Act
To approve governing international fishery agreements with Iceland and the EEC; to establish national standards for artificial reefs; to implement the Convention on the 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
Notwithstanding section 203 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1823)—
the governing international fishery agreement between the Government of the United States and the European Economic 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
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 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 XVI of the agreement after the date of the enactment of this title.
TITLE II— ARTIFICIAL REEFS
SEC. 201. SHORT TITLE.
This title may be cited as the “National Fishing Enhancement Act of 1984”.
SEC. 202. FINDINGS AND CONCLUSIONS.
Findings.—
The Congress finds that—
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;
overfishing and the degradation of vital fishery resource habitats have caused a reduction in the abundance and diversity of United States fishery resources;
escalated energy costs have had a negative effect on the
Energy.
economics of United States commercial and recreational fisheries;
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
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 recreational and commercial fishing opportunities; increase the production 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.
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.
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—
enhance fishery resources to the maximum extent practicable;
facilitate access and utilization by United States recreational and commercial fishermen;
minimize conflicts among competing uses of waters covered under this title and the resources in such waters;
minimize environmental risks and risks to personal health
Pollution.
and property; and
be consistent with generally accepted principles of international law and shall not create any unreasonable obstruction to navigation.
SEC. 204. NATIONAL ARTIFICIAL REEF PLAN.
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 Managment 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—
geographic, hydrographic, geologic, biological, ecological,
Research and development.
social, economic, and other criteria for siting artificial reefs;
design, material, and other criteria for constructing artificial reefs;
mechanisms and methodologies for monitoring the compliance of artificial reefs with the requirements of permits issued under section 205;
mechanisms and methodologies for managing the use of artificial reefs;
a synopsis of existing information on artificial reefs and needs for further research on artificial reef technology and management strategies; and
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
Taxes.
obligations.
SEC. 205. PERMITS FOR THE CONSTRUCTION AND MANAGEMENT OF ARTIFICIAL REEFS.
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 “Secretary”) shall—
consult with and consider the views of appropriate Federal agencies, States, local governments, and other interested parties;
ensure that the provisions for siting, constructing, monitoring, and managing the artificial reef are consistent with the criteria and standards established under this title;
ensure that the title to the artificial reef construction material is unambiguous, and that responsibility for maintenance and the financial ability to assume liability for future damages are clearly established; and
consider the plan developed under section 204 and notify the Secretary of Commerce of any need to deviate from that plan.
Terms and Conditions of Permits.—
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
Pollution.
artificial reef. In addition, each such permit shall specify such terms and conditions for the construction, operation, maintenance, monitoring, 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.
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 Protection Agency shall consult with the Secretary to ensure that such permit is consistent with any permit issued by the Secretary subject to this section.
Liability of Permittee.—
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.
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.
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 with respect to an artificial reef and for which such permittee may be liable.
Any person who has transferred title to artificial reef construction 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.
Liability of the United States.—
Nothing in this title creates any liability on the part of the United States.
Civil Penalty.—
Any person who, after notice and an opportunity 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, circumstances, 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.
For purposes of this title—
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.
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.
The term “waters covered under this title” means the navigable waters of the United States and the waters superjacent to the Outer Continental Shelf as defined in section 2 of the Outer Continental 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—
by striking out “Liberty” each place it appears in sections 3, 4, 5, and 6 and inserting in lieu thereof “obsolete”;
by striking out “Commerce” in
section 3 and inserting in lieu thereof “Transportation”;
by striking out “shall” in the matter preceding paragraph
(1) in section 4 and inserting in lieu thereof “may”, and
by adding at the end thereof the following new section:
“Sec. 7.
For purposes of sections 3, 4, 5, and 6, the term ‘obsolete
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-vation in the national defense reserve fleet and has been designated as an artificial reef candidate.”.
SEC. 208. SAVINGS CLAUSES.
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—1).
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.
Findings.—
The Congress finds that—
the Convention on the Conservation of Antarctic Marine Living Resources establishes international mechanisms and creates legal obligations necessary for the protection and conservation of Antarctic marine living resources;
the Convention incorporates an innovative ecosystem approach to the management of Antarctic marine living resources, including standards designed to ensure the health of the individual populations and species and to maintain the health of the Antarctic marine ecosystem as a whole;
the Convention serves important United States environmental and resource management interests;
the Convention represents an important contribution to United States long term legal and political objectives of maintenance of Antarctica as an area of peaceful international cooperation;
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 implementation of the objectives of the Convention; and
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.
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.
SEC. 303. DEFINITIONS.
For purposes of this title—
Antarctic convergence.—
The term “Antarctic Convergence” 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 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.
Antarctic marine living resources.—
The term “Antarctic 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.
Commission.—
The term “Commission” means the Commission for the Conservation of Antarctic Marine Living Resources established pursuant to article VII of the Convention.
TIAS 10240.
Convention.—
The term “Convention” means the Convention 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.
Harvesting or other associated activities.—
The terms “harvesting” and “harvesting or other associated activities” mean—
the harassing, molesting, harming, pursuing, hunting, shooting, wounding, killing, trapping, or capturing of Antarctic marine living resources;
attempting to engage in any activity set forth in subparagraph (A);
any other activity which can reasonably be expected to result in any activity described in subparagraph (A); and
any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C).
Harvest.—
The term “harvest” means to engage in harvesting or other associated activities.
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.
Person.—
The term “person” means an individual, partnership, corporation, trust, association, and any other entity subject to the jurisdiction of the United States.
Scientific committee.—
The term “Scientific Committee” means the Scientific Committee for the Conservation of Antarctic Marine Living Resources established pursuant to article XIV of the Convention.
Vessel of the united states.—
The term “vessel of the United States” means—
a vessel documented under chapter 121 of title 46, United States Code, or a vessel numbered as provided in
chapter 123 of that title;
a vessel owned in whole or in part by—
the United States or a territory, commonwealth, or possession of the United States;
a State or political subdivision thereof;
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;
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
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 nationality of a foreign nation in accordance with Article 5 of the 1958 Convention on the High Seas.
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.
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.
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.
Compensation.—
The United States representatives to the Commission and the Scientific Committee shall receive no additional compensation by reason of their services as such representatives.
SEC. 305. CONSERVATION MEASURES; SYSTEM OF OBSERVATION AND INSPECTION.
Conservation Measures.—
The Secretary of State, with the concurrence of the Secretary of Commerce and the Director of the National Science Foundation, is authorized—
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
to notify the Commission of any such decision in accordance with article IX of the Convention.
The Secretary of State shall—
publish in the Federal Register, if practicable, timely notice of each proposed decision under paragraph (1) and invite written public comment regarding it; and
publish in the Federal Register notice of each notification made to the Commission under paragraph (1).
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.
Communications From the Commission.—
The Secretary of
Report
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—
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;
to violate any regulation promulgated under this title;
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, without 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);
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 purposes of conducting any search or inspection in connection with the enforcement of the Convention, this title, or any regulations promulgated under this title;
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);
to resist a lawful arrest or detention for any act prohibited by this section; or
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.
Assessment of Penalties.—
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 prohibited 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 was 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 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.
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.
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 documents 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.
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(2)(E) of title 5, United States Code.
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.
Penalties Under Other Laws.—
The assessment of a civil penalty under subsection (a) for any act shall not be deemed to preclude the assessment of a civil penalty for such act under any other law.
SEC. 309. CRIMINAL OFFENSES.
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.
Punishment.—
Any offense described in subsection (a) is punishable by a fine of $50,000, or imprisonment for not more than ten years, or both.
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.
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.
Powers of Authorized Officers and Employees.—
Any officer or employee of the United States who is authorized (by 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—
secure, execute, and serve any order, warrant, subpoena, or other process, which is issued under the authority of the United States;
search without warrant any person, place, vehicle or aircraft 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;
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;
seize without warrant—
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,
any Antarctic marine living resources (or part of product thereof) with respect to which such an act is committed,
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
any guns, traps, nets, or equipment used in connection with such an act;
offer and pay rewards for services or information which may lead to the apprehension of persons violating such provisions;
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;
in coordination with the Secretary of the Treasury, detain for inspection and inspect any package, crate, or other container, including its contents, and all accompanying documents, upon importation into, or exportation from, the United States;
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;
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 305(b); and
exercise any other authority which such officer or employee is permitted by law to exercise.
Seizure.—
Subject to the succeeding provisions of this subsection, any property or item seized pursuant to subsection (h) shall be held by any officer or employee of the United States, who is authorized by the Secretary of Commerce or the Secretary of the department 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.
Forfeiture.—
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.
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 Secretary of Commerce, or the Secretary of the department in which the Coast Guard is operating, as the case may be, in such a manner, consistent with the purposes of this title, as may be prescribed by regulation.
Application 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 forfeitures incurred, or alleged to have been incurred, and the compromise of claims, under the provisions of this title, insofar as such provisions 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 provisions of this title or of any regulation promulgated under this title.
SEC. 312. FEDERAL AGENCY COOPERATION.
Responsibilities.—
For the purpose of carrying out the policies and objectives of the Convention or to implement any decision of the Commission—
the Director of the National Science Foundation, in consultation 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;
the Secretary of Commerce, in consultation with the
Science and technology.
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
the Secretary of Commerce and the Director of the National Science Foundation, in consultation with the Secretary of State, may furnish facilities and personnel to the Commission in order to assist the Commission in carrying out its functions.
The Secretary of Commerce, in consultation with the Secretary 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 (1)(B) 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—
describe priority directed research needs for the implementation of the Convention;
identify which of those needs are to be fulfilled by the United States; and
specify the design of the research referred to in paragraph (1)(B) and the funds, personnel, and facilities required for the research, including, in particular, the need for the cost of enhanced ship capacity.
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.
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.
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.
Icebreaking.—
The Department of Transportation shall facilitate planning for the design, procurement, maintenance, deployment, and operation of icebreakers needed to provide a platform for
Uniformed services.
Antarctic research. All funds necessary to support icebreaking operations, except for recurring incremental costs associated with specific projects, shall be allocated to the United States Coast Guard.
SEC. 313. RELATIONSHIP TO EXISTING TREATIES AND STATUTES.
In General.—
Nothing in this Act shall be construed as contravening 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.
Application of More Restrictive Provisions.—
Nothing in this section shall be construed to prevent the application of provisions
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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 necessary for carrying out the provisions of this title, including, but not limited to—
necessary travel expenses of the United States representatives referred to in section 304, alternate United States representatives, 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;
the United States contribution to the budget of the Commission as provided in article XIX of the Convention; and
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the directed research program and the furnishing of facilities and personnel to the Commission referred to in section 312.
SEC. 315. SEVERABILITY.
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 circumstances 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:
Section 2 is amended—
by inserting “, and $28,000,000 for fiscal year 1985” immediately after “1984” in subsection (a); and
by striking out “of 1976” in subsection (b).
Section 3 is amended—
by inserting “, and $35,000,000 for fiscal year 1985” immediately after “1984” in subsection (a); and
by inserting “Magnuson” immediately before “Fishery”, and by striking out “of 1976”, in subsection (b).
Section 4 is amended—
by amending subsection (a)—
by inserting “, and $12,000,000 for fiscal year 1985” immediately after “1984”, and
by striking out “boats” and inserting in lieu thereof “vessels”; and
by striking out “of 1976” in subsection (b).
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 performed 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 Aquaculture 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.”.
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—
by striking out “and” immediately after “1983,”; and
by inserting “, and $1,500,000 for each of the fiscal years ending September 30, 1985, and September 30, 1986” immediately 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:
Section 201(d)(4) is amended by striking out “shall” the first time it appears and inserting in lieu thereof “may”.
Section 201(e)(1)is amended—
by striking out “shall determine the allocation among foreign nations of” in subparagraph (A) and inserting in lieu thereof “may make allocations to foreign nations from”;
by amending subparagraph (E)(i)—
by inserting “both” immediately before “United States”,
by striking out “or fishery” and inserting in lieu thereof “and fishery”, and
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
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 fishermen, particularly fish and fishery products for which the foreign nation has requested an allocation;”.
Section 301(a)(1)is amended by inserting “for the United States fishing industry” immediately before the period at the end thereof.
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—
“(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
“(C) to the waters of southeastern Alaska (for the purpose
Alaska.
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 extension 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 headland 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
Vessels.
may not directly or indirectly regulate any fishing vessel outside its boundaries, unless the vessel is registered under the law of that State.”.
SEC. 405. EXPORT AUTHORITY REGARDING FISH.
Commodity Credit Corporation.—
Section 5(f) of the Commodity 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”.
Agricultural Trade Development.—
Section 402 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1732) is amended—
by inserting “(including fish, without regard to whether such fish are harvested in aquacultural operations)” after “United States” the first place it appears; and
by striking out the third sentence.
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 operations)” after “agricultural commodity” the second place it appears.
Effective Date.—
For purposes of section 135 of the Omnibus
Budget Reconciliation Act of 1982 (7 U.S.C. 612c note), the amendments 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 CERTAIN LANDS.
Notwithstanding any other law, the Secretary of Commerce,
State and local governments.
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 legislative jurisdiction under this section may be accomplished—
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
as required by the laws of the State, Commonwealth, territory, or possession.
TITLE V— NATIONAL SEA GRANT COLLEGE PROGRAM
Sec. 501. authorization
Section 212 of the National Sea Grant Program Act (33 U.S.C. 1131) is amended by inserting immediately after paragraph (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.”.
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
Sec. 601. authorization
Section 406 of the Ocean Thermal Energy Conversion
Act of 1980 (Public Law 96–320) is amended by—
striking out the word “and” after “1982,”; and
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.”.
Sec. 602. miscellaneous
The Ocean Thermal Energy Conversion Act of 1980 (Public Law 96–320) is amended—
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”;
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”;
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”;
in section 101(b)(2) 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”;
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;”;
in section 108(e)(2)(C)(ii) by striking out “moored or standing” and inserting in lieu thereof “moored, fixed or standing”;
in section 108(e) by adding a new paragraph (4) to read as
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 mayor components other than water intake or discharge pipes located seaward of the highwater mark”;
in section 110(1) by striking out “aboard” and inserting in
lieu thereof “in or aboard”;
in section 301 by striking out “on board” and inserting in
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”;
in section 303(b) by striking out “on board” and inserting
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”;
in the first sentence of section 403(a)(1) by inserting “and
all of which is located seaward of the highwater mark,” immediately after “licensed under this Act”; and
in the first sentence of the section 403(c)(2) by inserting “documented under the laws of the United States and” immediately after “ocean thermal energy conversion facility or plantship”.
Such Act is further amended—
in section 101(c)(1)by striking out “cannot and will not”
and inserting in lieu thereof “cannot or will not”;
in section 101(c)(5) by striking out “has expired;” and inserting in lieu thereof “has not expired;”;
in section 101(c)(10) by striking out “each” and inserting in lieu thereof “any”;
in section 101(c)(13) by striking out “and” after the semi-colon and inserting in lieu thereof “or”; and
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.)”.
Section 405 of such Act is amended by striking out “of the first
3 fiscal years” and inserting in lieu thereof “fiscal year”.
Such Act is further amended by adding the following new section:
“Sec. 408.
Within 18 months after the date of enactment of this
Report.
Exports.
provision, the Administrator shall submit to the President of the Senate and the Speaker of the House of Representatives a report 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 Atmospheric Administration, International Trade Administration, Maritime Administration, Department of Energy, Small Business Administration, United States International Development Cooperative Agency, the Office of the Special Trade Representative, and other relevant United States Government agencies;
“(2) the findings of studies conducted by the Administrator to fulfill the intent of this section;
“(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 appropriate 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 manufactured by United States industry.”.
Such Act is further amended—
in the first sentence of section 108(d)(1)by striking out “reorganizational safety” and inserting in lieu thereof “navigational safety”;
in section 109(b)(2) by striking out “natural” and inserting in lieu thereof “national”;
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)”;
in section 116(a) by striking out “facility or platform” and inserting in lieu thereof “facility or plantship”;
in section 302(b)(1)by inserting “to half” immediately after “injunction,”;
in the first sentence of section 403(c)(2) 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,”;
in section 3(11) by striking out “freshwater,” and inserting in lieu thereof “fresh water,”;
in section 101(c)(4) by striking out “enforcement” and inserting in lieu thereof “regulatory”;
in section 101(c)(6) by striking out “for license” and inserting in lieu thereof “for a license”;
in section 101(c)(14) by striking out “when” and inserting in lieu thereof “if”;
in section 101(d)(2) by striking out “licensee” and inserting in lieu thereof “applicant, licensee”;
in the first sentence of section 105(a)(2) by striking out “that (A)” and inserting in lieu thereof “(A) that”;
in the first sentence of section 105(b)(1) by striking out “of adjacent” and inserting in lieu thereof “of an adjacent”;
in the third sentence of section 105(b)(1) by striking out “is” and inserting in lieu thereof “are”;
by inserting the text of section 109(b)(3) as a new paragraph (3) immediately after the end of paragraph (2) of section 108(d), and by repealing section 109(b)(3);
in section 109(c) by striking out “such of’ and inserting in lieu thereof “of such”, and by striking out “impingment” and inserting in lieu thereof “impingement”;
in section 111(b) by striking out “environment established by any treaty or convention,” and inserting in lieu thereof “environment”; and
in section 112(b)(2)(B) by striking out “administrator” and inserting in lieu thereof “Administrator”.
Section 102(h) of such Act is amended to read as follows:
“(h) The Administrator shall not take final action on any application 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 administrative costs incurred by the National Oceanic and Atmospheric Administration in reviewing and processing the application.”.
TITLE VII— EXPOSURE SUITS
Sec. 701.
Chapter 31 of title 46, United States Code, is amended by adding at the end thereof the following:
Ҥ 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 Government 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.”.
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:
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.
The regulations prescribed under section 3102 of title 46,
Effective date.
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.
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.