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S 1102 - 98

Marine Sanctuaries Amendments of 1983

Became Public Law No: 98-498.

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Summary

36 Passed House amended Apr 4, 2004

(Measure passed House, amended) Title I: Marine Sanctuaries - Marine Sanctuaries Amendments of 1984 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to set forth standards for the Secretary of Commerce (the Secretary) to follow when designating any discrete area of the marine environment as a national marine sanctuary. Requires such an area to be of: (1) special national significance due to its resource or human-use values; and (2) a size and nature permitting comprehensive and coordinated conservation and management, which existing Federal and State authorities are inadequate to ensure. Specifies factors the Secretary shall consider in making findings. Requires the Secretary to consult with appropriate congressional committees, certain Federal, State, and local agency heads, and Regional Fishery Management Councils. Requires the Secretary to draft a resource assessment report documenting present and potential uses of the area under consideration. Requires the Secretary to publish a proposed marine sanctuary designation in the Federal Register and hold at least one public hearing in the area affected by such designation. Requires the Secretary to draft an environmental impact statement, including maps and the resource assessment report. Requires submission of a prospectus to the appropriate congressional committees, including a draft management plan. Requires the Secretary to consider the committees' reports on such prospectus before designating the sanctuary. Directs the Secretary to provide the appropriate Regional Fishery Management Council with the opportunity to draft fishing regulations which the Secretary shall accept unless they are found unable to fulfill the policies of this Act. Directs the Secretary to publish in the Federal Register the actual designation of a sanctuary together with final regulations. States that such designation and regulations shall take effect 45 days after their submission to Congress unless: (1) Congress adopts a joint resolution of disapproval; or (2) if the sanctuary is located within the jurisdiction of any State, the State Governor certifies disapproval. Limits the effectiveness of a gubernatorial veto to that portion of a sanctuary lying within the State's jurisdiction. Declares that nothing in this Act shall be construed as terminating or giving the Secretary the right to terminate any valid existing lease, permit, license, right of subsistence use, or right of access to areas within a designated sanctuary. Authorizes appropriations for FY 1985 through 1988. Title II: Marine Safety - Maritime Safety Act of 1984 - Requires a vessel owner, or other specified person, to notify the Secretary of Transportation, at least 30 days (but not more than 60 days) before a certificate of inspection expires, that the vessel will have to be inspected (unless it will not be operated). Authorizes the Secretary to order a vessel without a valid certificate of inspection to proceed to mooring and remain until a certificate is issued, or to take immediate steps necessary for safety. Increases the criminal penalty amounts for violations of inspection and safety laws. Adds civil penalties. Establishes requirements for periodic reports to the Coast Guard when a vessel owner or other specified person has reason to believe that such vessel may have been lost or imperiled. Amends the Revised Statutes of the United States by increasing the per ton liability of certain shipowners. Requires the Rules of the Road Advisory Council and the National Boating Safety Advisory Council to report to the Secretary of the department in which the Coast Guard is operating regarding the display of a divers flag or other signal for safe recreational diving and navigation. Requires such Secretary to send Congress recommendations and, as appropriate, proposed legislation based on such report. Title III: NOAA Corps - Amends Federal law to authorize the Secretary of Commerce to provide dental and medical care for eligible National Oceanic and Atmospheric Administration personnel. Amends the Coast and Geodetic Survey Commissioned Officers' Act of 1948 to provide provisions for the forced retirement or involuntary separation from service of certain commissioned officers of the National Oceanic and Atmospheric Administration (NOAA Corps). Provides for the entitlement to separation pay for certain commissioned NOAA Corps officers, and limits the amount of such separation pay allowable. Authorizes the Secretary to designate a number of administrative operational positions as positions of importance to which commissioned NOAA Corps officers may be appointed. Replaces the grade of rear admiral (lower half) with the grade of commodore. Removes the limitation on the number of NOAA Corps officers who may hold temporary promotions. Title IV: Fisheries - Amends the Central, Western, and South Pacific Fisheries Development Act to change the name of the Pacific Tuna Development Foundation to the Pacific Fisheries Development Foundation. Amends the Outer Continental Shelf Lands Act Amendments of 1978 to prescribe a minimum 90-day period for fishermen to file vessel and gear damage claims under the Act. Increases the level of compensation for such fishermen's economic loss 25 to 50 percent of the gross revenues lost during the time of repair. Amends the Fish and Wildlilfe Act of 1956 and the American Fisheries Promotion Act to extend, through FY 1986: (1) the authorities for the Fisheries Loan Fund; and (2) the authorization of appropriations for recruiting, training, and accepting volunteers to assist in fish and wildlife programs. Requires all moneys in the Fisheries Loan Fund, except those used for current expenses, to be invested in U.S. obligations. Requires all proceeds from such investment to be credited to the debt incurred under the Fishing Vessel Loan Guarantee Program until such debt is paid, and then to the fisheries portion of the Federal Ship Financing Fund under the Merchant Marine Act, 1936. Approves the Governing International Fisheries Agreement between the United States and the government of Denmark and the Faroe Islands. Title V: Vessels - Directs the Secretary of the department in which the Coast Guard is operating to issue certificates of documentation to certain named vessels of the United States.

35 Passed Senate amended Apr 4, 2004

(Measure passed Senate, amended) Title I: Marine Sanctuaries - Marine Sanctuaries Amendments of 1983 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to set forth standards for the Secretary of Commerce to follow when designating any discrete area of the marine environment as a national marine sanctuary. Requires such an area to be of: (1) special national significance due to its resource or human-use values; and (2) a size and nature permitting comprehensive and coordinated conservation and management, which existing Federal and State authorities are inadequate to ensure. Specifies factors the Secretary shall consider in making findings. Requires the Secretary to consult with appropriate congressional committees, certain Federal, State, and local agency heads, and Regional Fishery Management Councils. Requires the Secretary to draft a resource assessment report documenting present and potential uses of the area under consideration. Requires the Secretary to publish a proposed marine sanctuary designation in the Federal Register and hold at least one public hearing in the area affected by such designation. Requires the Secretary to draft an environmental impact statement, including maps and the resource assessment report. Requires submission of a prospectus to the appropriate congressional committees, including a draft management plan. Requires the Secretary to consider the committees' reports on such prospectus before designating the sanctuary. Directs the Secretary to provide the appropriate Regional Fishery Management Council with the opportunity to draft fishing regulations which the Secretary shall accept unless they are found unable to fulfill the policies of this Act. Directs the Secretary to publish in the Federal Register the actual designation of a sanctuary together with final regulations. States that such designation and regulations shall take effect 45 days after their submission to Congress unless: (1) Congress adopts a joint resolution of disapproval; or (2) if the sanctuary is located within the jurisdiction of any State, the State Governor certifies disapproval. Limits the effectiveness of a gubernatorial veto to portion of a sanctuary lying within the State's jurisdiction. Declares that nothing in this Act shall be construed as terminating or giving the Secretary the right to terminate any valid existing lease, permit, license, right of subsistence use, or right of access to areas within a designated sanctuary. Authorizes appropriations for FY 1984 through 1986. Title II: Marine Safety - Directs the Secretary of the department in which the Coast Guard is operating, before February 12, 1984, to prescribe final regulations requiring exposure suits on appropriate vessels operating in waters of less than 60 degrees Fahrenheit. Sets forth civil and criminal penalties for violation of such regulations. Maritime Safety Act of 1983 - Requires a vessel owner, or other specified person, to notify the Secretary of Transportation, at least 30 days (but not more than 60 days) before a certificate of inspection expires, that the vessel will have to be inspected (unless it will not be operated). Authorizes the Secretary to order a vessel without a valid certificate of inspection to proceed to mooring and remain until a certificate is issued, or to take immediate steps necessary for safety. Increases the criminal penalty amounts for violations of inspection and safety laws. Adds civil penalties. Establishes requirements for periodic reports to the Coast Guard when a vessel owner or other specified person has reason to believe that such vessel may have been lost or imperiled. Amends the Revised Statutes of the United States by increasing the per ton liability of certain shipowners. Title III: Miscellaneous - Amends Federal law to authorize the Secretary of Commerce to provide dental and medical care for eligible National Oceanic and Atmospheric Administration personnel. Authorizes the Secretary of the Department in which the Coast Guard is operating to expend funds for orientation visits to the Academy by cadet applicants. Makes various technical amendments to the provisions establishing the rank of Commodore in the Coast Guard. Grants the Secretary of Transportation authority to adjust the number of reserve flag officers as needed for planned mobilization purposes. Empowers the Secretary of Transportation as well as the Secretaries of Defense and Health and Human Services to administer the medical and dental care programs for the Coast Guard. Authorizes the Secretary of the department in which the Coast Guard is operating, before October 1, 1985, to test a flat rate per diem allowances system (never in excess of $75) for military travel allowances. Declares the vessel Wingaway to have the right to engage in the coastwise trade. Directs the Secretary of the department in which the Coast Guard is operating to document the following vessels as vessels of the United States with the privilege of engaging in the coastwise trade: (1) Dad's Pad; (2) Zorba; (3) La Jolie, Michigan; and (4) Endless Summer. Makes technical and conforming amendments to the recodified marine safety laws. Amends the Central, Western, and South Pacific Fisheries Development Act to change the name of the Pacific Tuna Development Foundation to the Pacific Fisheries Development Foundation. Grants to certain fish processing vessels exemptions from specified Maritime laws. Authorizes the President to direct the Secretary of the Treasury to prohibit the importation into the United States of fish products from any foreign country whose nationals are conducting fishing operations in a manner or under circumstances which the Secretary of Commerce certifies diminish the effectiveness of domestic conservation efforts relating to Pacific salmon.

01 Reported to Senate with amendment(s) Apr 4, 2004

(Reported to Senate from the Committee on Commerce, Science, and Transporation with amendment, S.Rept. 98-280) Marine Sanctuaries Amendments of 1983 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to set forth standards for the Secretary of Commerce to follow when designating any discrete area of the marine environment as a national marine sanctuary. Requires such an area to be of: (1) special national significance due to its resource or human-use values; and (2) a size and nature permitting comprehensive and coordinated conservation and management, which existing Federal and State authorities are inadequate to ensure. Specifies factors the Secretary shall consider in making findings. Requires the Secretary to consult with appropriate congressional committees, certain Federal, State, and local agency heads, and Regional Fishery Management Councils. Requires the Secretary to draft a resource assessment report documenting present and potential uses of the area under consideration. Requires the Secretary to publish a proposed marine sanctuary designation in the Federal Register and hold at least one public hearing in the area affected by such designation. Requires the Secretary to draft an environmental impact statement, including maps and the resource assessment report. Requires submission of a prospectus to the appropriate congressional committees, including a draft management plan. Requires the Secretary to consider the committees' reports on such prospectus to the appropriate congressional committees, including a draft management plan. Requires the Secretary to consider the committees' reports on such prospectus before designating the sanctuary. Directs the Secretary to provide the appropriate Regional Fishery Management Council with the opportunity to draft fishing regulations which the Secretary shall accept unless they are found unable to fulfill the policies of this Act. Directs the Secretary to publish in the Federal Register the actual designation of a sanctuary together with final regulations. States that such designation and regulations shall take effect 45 days after their submission to Congress unless: (1) Congress adopts a joint resolution of disapproval; or (2) if the sanctuary is located within the jurisdiction of any State, the State Governor certifies dispaproval. Limits the effectiveness of a gubernatorial veto to the portion of a sanctuary lying within the State's jurisdiction. Declares that nothing in this Act shall be construed as terminating or giving the Secretary the right to terminate any valid existing lease, permit, license, right of subsistence use, or right of access to areas within a designated sanctuary. Authorizes appropriations for FY 1984 and 1986.

00 Introduced in Senate Apr 4, 2004

Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to authorize appropriations through FY 1985 for the marine sanctuaries program.

Sponsors

Timeline

Oct 19, 1984

Signed by President.

Oct 19, 1984

Signed by President.

Oct 19, 1984

Became Public Law No: 98-498.

Oct 19, 1984

Became Public Law No: 98-498.

Oct 10, 1984

Measure Signed in Senate.

Oct 10, 1984

Presented to President.

Oct 10, 1984

Presented to President.

Oct 2, 1984

Resolving differences -- Senate actions: Senate agreed to the House Amendment by Voice Vote.

Oct 2, 1984

Senate agreed to the House Amendment by Voice Vote.

Sep 14, 1984

Called up by House by Unanimous Consent.

Sep 14, 1984

Passed/agreed to in House: Passed House (Amended) by Voice Vote.

Sep 14, 1984

Passed House (Amended) by Voice Vote.

Nov 18, 1983

Considered by Senate.

Nov 18, 1983

Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

Nov 18, 1983

Passed Senate with an amendment by Voice Vote.

Oct 26, 1983

Committee on Commerce. Reported to Senate by Senator Packwood with an amendment in the nature of a substitute. With written report No. 98-280.

Oct 26, 1983

Committee on Commerce. Reported to Senate by Senator Packwood with an amendment in the nature of a substitute. With written report No. 98-280.

Oct 26, 1983

Placed on Senate Legislative Calendar under General Orders. Calendar No. 492.

Sep 20, 1983

Committee on Commerce. Ordered to be reported with an amendment in the nature of a substitute favorably.

Apr 19, 1983

Introduced in Senate

Apr 19, 1983

Read twice and referred to the Committee on Commerce.

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