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Water Log 18.4

Federal Legislation - 105th Congress
 

The following is a summary of federal legislation related to coastal, fisheries, water,

and natural resources enacted during the second session of the 105th Congress.
 

105 Pub. L. 156 Environmental Policy and Conflict Resolution Act of 1998

Establishes the United States Institute for Environmental Conflict Resolution to provide assessment, mediation, and training to resolve environmental disputes involving agencies and instrumentalities of the U.S.
 

105 Pub. L. 178 Sportfishing and Boating Safety Act of 1998

Amends 16 U.S.C. § 777 to include: outreach and communications efforts for safety in fishing and boating; a "National Framework" survey to assess public access needs; and, funding to improve boating safety.
 

105 Pub. L. 174 Emergency Appropriations Bill for 1998 Fiscal Year

Provides additional funding for Royalty and Offshore Minerals Management to meet increased demand and workload requirements stemming from higher than anticipated leasing activity in the Gulf of Mexico.
 

105 Pub. L. 199 National Drought Policy Act of 1998

Establishes a commission to assess needs in drought emergencies and review existing laws and programs to form a comprehensive national policy for drought mitigation, prevention, and response.
 

105 Pub. L. 214 Tropical Forest Conservation Act of 1998

Amends the Foreign Assistance Act of 1961 to protect the tropical forests of developing countries through debt reduction.
 

105 Pub. L. 239 Marion National Fish Hatchery and Claude Harris National

Aquaculture Research Center Conveyance Act

Conveys the Marion National Fish Hatchery and Claude Harris National Aquaculture Research Center (Marion, Alabama) to Alabama as part of the state's fish culture program.
 

105 Pub. L. 242 National Wildlife Refuge System Volunteer and Community

Partnership Enhancement Act of 1998

Encourages the assistance of volunteers to assist the Fish and Wildlife Service in the management of refuges and promote education and public awareness of the National Wildlife Refuge System. The Act allows community partnerships to promote habitat maintenance, restoration, research, and to increase awareness.
 

105 Pub. L. 245 Energy and Water Development, 1999 Appropriations

Appropriates funds for the collection and study of basic information concerning river and harbor, flood control, shore protection, and the furtherance of the following projects: Tampa Harbor, Alafia Channel, FL; Panama City Beaches, FL; Lake Pontchartrain, LA; Jackson County, MS; and, Pascagoula Harbor, MS.
 

105 Pub. L. 258 Ocean Shipping Reform Act of 1998

The Act amends the Shipping Act of 1984 and promotes competition in international shipping and growth of United States exports. Sections 104 and 106(b) provide guidelines for ocean common carrier agreements and service contracts. Also, Section 116 outlines the responsibilities of ocean transportation intermediaries.
 

105 Pub. L. 265 Great Lakes Fish and Wildlife Restoration Act of 1998

The Act provides for the implementation of the suggestions of the United States Fish and Wildlife Service contained in the Great Lakes Resources Restoration Study which focused on the fishery resources of the Great Lakes Basin. Section 1005 details the process by which proposals and reviewed and implemented.
 

105 Pub. L. 280 Cape Cod National Seashore Land Exchange

Provides for a land exchange involving the Cape Cod National Seashore and extends the authority for the Cape Cod National Seashore Advisory Commission.
 

105 Pub. L. 312

Title I: Migratory Bird Treaty Reform Act of 1998

Eliminates strict liability for baiting migratory birds and facilitates acquisition of habitat.

Title II: National Wildlife Refuge System Improvement Act of 1998

Adds approximately 37 acres to the Upper Mississippi River National Wildlife and Fish Refuge and amends the standards for violation within a refuge.

Title III: Wetlands and Wildlife Enhancement Act of 1998

Reauthorizes the North American Wetlands Conservation Act, the Partnerships for Wildlife Act and amends membership of the North American Wetlands Conservation Council.

Title IV: Rhinoceros and Tiger Conservation Act of 1998

Amends the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. § 5302) by prohibiting any person (including an individual, corporation, partnership, government, or state) from the sale, importation, and exportation of products derived from any species of rhinoceros or tiger.

Title V: Chesapeake Bay Initiative Act of 1998

Provides support to conserve, restore, and interpret resources within the Chesapeake Bay Watershed, enhance public education, and create a network of Chesapeake Bay Gateways sites and Chesapeake Bay Watertrails.
 

105 Pub. L. 328 Fish and Wildlife Revenue Enhancement Act of 1998

Amends the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. § 742l) to make proceeds from sales of abandoned items derived from fish, wildlife, and plants available to the Service to cover certain costs.
 

105 Pub. L. 384 Governing International Fishery Agreement with Poland
 

Approves an international fishery agreement between the United States and the Republic of Poland; reauthorizes the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. § 5610); reauthorizes the Atlantic Tunas Convention Act of 1975 (16 U.S.C. § 971); and, authorizes Washington, Oregon, and California to adopt laws governing fishing and processing in the EEZ adjacent to that State in any Dungeness crab fishery which has no fishery management plan.
 

Appropriations
 

105 Pub. L. 277 Omnibus Consolidated and Emergency Supplemental Appropriations Bill for Fiscal Year 1999

The following is a summary of relevant provisions from this year's appropriations bill, numbering over 2,200 pages, focusing on sections which condition appropriations and create or amend other acts.
 

Division A - Omnibus Consolidated Appropriations

§ 123 Commercial Fishing in Glacier Bay National Park

Calls for development of a management plan for the regulation of commercial fisheries in the marine waters within Glacier Bay National Park including permit system, gear, date, and species restrictions.
 

§ 130 Fisheries Finance Program Account

Provides for loans under the Merchant Marine Act of 1936 provided that none of the funds may be used for loans for any new fishing vessel that will increase the harvesting capacity in any United States fishery.
 

§ 150 Duck Hunting Season

Extends duck hunting season in Mississippi and, in other states, at the request of a state represented on the Lower Region Regulations Committee of the Mississippi Flyway Council.
 
 
 

§ 411 Commission on Ocean Policy

Provides funds for the Commission on Ocean Policy, if and when created.
 

§ 573 Greenhouse Gas Emissions

Limits spending for activities related to the Kyoto Protocol.
 

§ 612 NOAA Fleet Replacement and Modernization Program

Withholds funds for the NOAA Fleet Replacement and Modernization Program so that NOAA may develop a modernization plan for its research vessels and opportunities for contracting for fisheries surveys.
 

§614 Land Acquisition and State Assistance

Funds the Land and Water Conservation Fund Act of 1965 but conditions acquisition at Everglades National Park on matching state funds and management of the lands in perpetuity for the restoration of the Everglades.
 

§ 617 Atlantic Mackerel and Herring Fisheries

Limits use of funds to issue or renew fishing permits in Atlantic mackerel and herring fisheries.
 

§ 730 Wetlands Reserve Program

Limits funds according to number of acres enrolled in 1999 Wetlands Reserve Program.
 

§ 901 Whale Conservation Fund Act of 1998

Provides for a National Whale Conservation Fund under the National Fish and Wildlife Establishment Act to carry out projects that address conservation needs of whales.
 

Division C - Other Matters
 

Title II American Fisheries Act

Amends 46 U.S.C. § 12102, et. seq. to: Establish new standards for eligibility for fishing endorsements, effective October 1, 2001; Set allocations, boat buyout provisions, inshore fee systems, replacement vessels terms, and requirements for fishery cooperatives for the Bering Sea Pollock Fishery; and,Establish conservation measures for specific fisheries.
 
 

 

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