102d CONGRESS
1st Session
H. R. 3866
AMENDMENT
HR 3866.eas
In the Senate of the United States,
November 27 (legislative day, November 23), 1991.
Resolved, That the bill from the House of Representatives (H.R. 3866)
entitled `An Act to provide for the designation of the Flower Garden
Banks National Marine Sanctuary' do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
FLOWER GARDEN BANKS NATIONAL MARINE SANCTUARY

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Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(b))--
(1) the Secretary of Commerce shall, on January 17, 1992 (or as soon
thereafter as is practicable), publish under that Act in the Federal
Register a notice of designation of  the Flower Garden Banks National
Marine Sanctuary, as described in the notice of designation submitted to
the Congress on November 20, 1991; and
(2) that designation shall take effect on January 17, 1992.
NON-VESSEL-OPERATING COMMON CARRIERS

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TITLE I

-NATIONAL MARINE SANCTUARY

`Non-Vessel-Operating Common Carrier Act of 1991'.
(b) PROHIBITED ACTS- Section 10(b) of the Shipping Act of 1984 (46
U.S.C. App. 1709(b)) is amended--
(1) in paragraph (14), by inserting `, insurance, or other surety' after
`bond'; and
(2) in paragraph (15), by inserting `, insurance, or other surety' after
`bond'.
(c) SURETY FOR NVOCC'S- Section 23 of the Shipping Act of 1984 (46
U.S.C. App. 1721), is amended--
(1) in the section heading by striking `bonding of' and inserting in lieu
thereof `surety for';
(2) by amending subsection (a) to read as follows:
`(a) SURETY- Each non-vessel-operating common carrier shall furnish
to the Commission a bond, proof of insurance, or such other surety, as
the Commission may require, in a form and an amount determined by the
Commission to be satisfactory to insure the financial responsibility of
that carrier. Any bond submitted pursuant to this section shall be issued
by a surety company found acceptable by the Secretary of the Treasury.';
(3) by striking subsection (b) and redesignating subsections (c) through
(e) as subsections (b) through (d), respectively;
(4) in subsection (b), as so redesignated--
(A) by striking `BOND' in the subsection heading and inserting in lieu
thereof `SURETY';
(B) by inserting `, insurance, or other surety' after `bond'; and
(C) by inserting `under this Act' after `transportation-related activities';
and
(5) in subsection (d), as so redesignated--
(A) by inserting `, insurance, or other surety' after `bond'; and
(B) by striking `subsection (d)' and inserting in lieu thereof `subsection
(c)'.
(d) INTERIM RULES AND REGULATIONS- The Federal Maritime Commission
may prescribe interim rules and regulations necessary to carry out the
amendments made by this section.
(e) CONFORMING AMENDMENT- The item relating to section 23 in the table of
contents in the first section of the Shipping Act of 1984 is amended by
striking `Bonding of'  and inserting in lieu thereof `Surety for'.
(f) EFFECTIVE DATE- This section shall become effective 90 days after the
date of its enactment.
CLARIFICATIONS OF, AND LIMITATIONS ON, GAMBLING DEVICES PROHIBITIONS

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TITLE II

-MERCHANT MARINE PROVISIONS

of January 2, 1951 (15 U.S.C. 1172; commonly referred to as the `Johnson
Act'), is amended--
(1) by inserting before the first paragraph the following: `(a) GENERAL RULE-
';
(2) in subsection (a) (as so designated) by striking `, District of
Columbia,';
(3) by inserting before the second paragraph the following: `(b) AUTHORITY
OF FEDERAL TRADE COMMISSION- '; and
(4) by adding at the end the following:
`(c) EXCEPTION- This section does not prohibit the transport of a gambling
device to a place in a State or a possession of the United States on a
vessel on a voyage, if--
`(1) use of the gambling device on a portion of that voyage is, by reason
of subsection (b) of section 5, not a violation of that section; and
`(2) the gambling device remains on board that vessel while in that State.'.
(b) REPAIR, OTHER TRANSPORT, ETC- Section 5 of that Act (15 U.S.C. 1175)
is amended--
(1) by inserting before `It shall be unlawful' the following: `(a) GENERAL
RULE- ';
(2) by inserting before the period at the end the following: `, including
on a vessel documented under chapter 121 of title 46, United States Code,
or documented under the laws of a foreign country'; and
(3) by adding at the end the following:
`(b) EXCEPTION-
`(1) IN GENERAL- Except as provided in paragraph (2), this section does
not prohibit--
`(A) the repair, transport, possession, or use of a gambling device on
a vessel that is not within the boundaries of any State or possession of
the United States; or
`(B) the transport or possession, on a voyage, of a gambling device on
a vessel that is within the boundaries of any State or possession of the
United States, if--
`(i) use of the gambling device on a portion of that voyage is, by reason
of subparagraph (A), not a violation of this section; and
`(ii) the gambling device remains on board that vessel while the vessel
is within the boundaries of that State or possession.
`(2) APPLICATION TO CERTAIN VOYAGES-
`(A) GENERAL RULE- Paragraph (1)(A) does not apply to the repair or use of
a gambling device on a vessel that is on a voyage or segment of a voyage
described in subparagraph (B) of this paragraph if the State or possession
of the United States in which the voyage or segment begins and ends has
enacted a statute the terms of which prohibit that repair or use on that
voyage or segment.
`(B) VOYAGE AND SEGMENT DESCRIBED- A voyage or segment of a voyage referred
to in subparagraph (A) is a voyage or segment, respectively--
`(i) that begins and ends in the same State or possession of the United
States, and
`(ii) during which the vessel does not make an intervening stop within
the boundaries of another State or possession of the United States or a
foreign country.'.
(c) BOUNDARIES DEFINED- The first section of that Act (15 U.S.C. 1171)
is amended by adding at the end the following:
`(f) The term `boundaries' has the same meaning given that term in section
2 of the Submerged Lands Act.'.
MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT

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and Management Act (16 U.S.C. 1801(b)(1)) is amended by inserting `, and
fishery resources in the special areas' immediately before the semicolon
at the end.
(b) DEFINITIONS- Section 3 of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1802) is amended--
(1) by redesignating paragraphs (24) through (32) as paragraphs (25)
through (33), respectively; and
(2) by inserting immediately after paragraph (23) the following new
paragraph:
`(24) The term `special areas' means the areas referred to as eastern
special areas in Article 3(1) of the Agreement between the United States
of America and the Union of Soviet Socialist Republics on the Maritime
Boundary, signed June 1, 1990; in particular, the term refers to those
areas east of the United States-Soviet maritime boundary, as defined in
that Agreement, that lie within 200 nautical miles of the baselines from
which the breadth of the territorial sea of the Soviet Union is measured
but beyond 200 nautical miles of the baselines from which the breadth of
the territorial sea of the United States is measured.'.
(c) UNITED STATES MANAGEMENT AUTHORITY- (1) Section 101(a) of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1811(a)) is amended by
inserting `and special areas' immediately before the period at the end.
(2) Section 101(b) of the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1811(b)) is amended by inserting immediately after paragraph
(2) the following new paragraph:
`(3) All fishery resources in the special areas.'.
(d) FOREIGN FISHING- Section 201 of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1821) is amended--
(1) in subsection (a)--
(A) by inserting `within the special areas,' immediately before `or for
anadromous species'; and
(B) by striking `beyond the exclusive economic zone' and inserting in lieu
thereof `beyond such zone or areas';
(2) in subsection (e)(1)(E)(IV), by inserting `or special areas' immediately
after `exclusive economic zone';
(3) in subsection (i)--
(A) by inserting `or special areas' immediately before the period at the
end of paragraph (1)(A);
(B) by inserting `or special areas' immediately after `exclusive economic
zone' in paragraph (2)(A); and
(C) by inserting `or special areas' immediately after `exclusive economic
zone' in paragraph (2)(B); and
(4) in subsection (j)--
(A) by inserting `, special areas,' immediately after `exclusive economic
zone'; and
(B) by inserting `, areas,' immediately after `such zone'.
(e) INTERNATIONAL FISHERY AGREEMENTS- Section 202 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1822) is amended--
(1) in subsection (b)--
(A) by inserting `or special areas' immediately after `February 28,
1977)'; and
(B) by striking `such zone or area' and inserting in lieu thereof `such
zone or areas';
(2) in subsection (c)--
(A) by inserting `or special areas' immediately after `February 28,
1977)'; and
(B) by striking `such zone or area' and inserting in lieu thereof `such
zone or areas'; and
(3) by adding at the end the following new subsection:
`(g) FISHERY AGREEMENT WITH UNION OF SOVIET SOCIALIST REPUBLICS- (1) The
Secretary of State, in consultation with the Secretary, is authorized to
negotiate and conclude a fishery agreement with the Union of Soviet Socialist
Republics of a duration of no more than 3 years, pursuant to which--
`(A) the Union of Soviet Socialist Republics will give United States
fishing vessels the opportunity to conduct traditional fisheries within
waters claimed by the United States prior to the conclusion of the
Agreement between the United States of America and the Union of Soviet
Socialist Republics on the Maritime Boundary, signed June 1, 1990, west
of the maritime boundary, including the western special area described in
Article 3(2) of the Agreement;
`(B) the United States will give fishing vessels of the Union of Soviet
Socialist Republics the opportunity to conduct traditional fisheries
within waters claimed by the Union of Soviet Socialist Republics prior to
the conclusion of the Agreement referred to in subparagraph (A), east of
the maritime boundary, including the eastern special areas described in
Article 3(1) of the Agreement;
`(C) catch data shall be made available to the government of the country
exercising fisheries jurisdiction over the waters in which the catch
occurred; and
`(D) each country shall have the right to place observers on board vessels
of the other country and to board and inspect such vessels.
`(2) Vessels operating under a fishery agreement negotiated and concluded
pursuant to paragraph (1) shall be subject to regulations and permit
requirements of the country in whose waters the fisheries are conducted
only to the extent such regulations and permit requirements are specified
in that agreement.
`(3) The Secretary of Commerce may promulgate such regulations, in accordance
with section 553 of title 5, United States Code, as may be necessary to
carry out the provisions of any fishery agreement negotiated and concluded
pursuant to paragraph (1).'.
(f) PERMITS FOR FOREIGN FISHING- Section 204(a) of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1824(a)) is amended--
(1) by inserting `within the special areas,' immediately before `or for
anadromous species'; and
(2) by inserting `or areas' immediately after `such zone'.
(g) CONTENTS OF FISHERY MANAGEMENT PLANS- Section 303(b)(1)(A) of the
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1853(b)(1)(A))
is amended--
(1) by inserting `or special areas,' immediately after `exclusive economic
zone'; and
(2) by inserting `or areas' immediately after `such zone'.
(h) PROHIBITED ACTS- Section 307 of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1857) is amended--
(1) in paragraph (1)(K), by inserting `or special areas' immediately after
`exclusive economic zone';
(2) in paragraph (2)(B)--
(A) by inserting `within the special areas,' immediately after `exclusive
economic zone';
(B) by inserting `or areas' immediately after `such zone';
(3) in paragraph (3), by inserting `or special areas' immediately after
`exclusive economic zone'; and
(4) in paragraph (4), by inserting `or special areas' immediately after
`exclusive economic zone'.
(i) ENFORCEMENT- Section 311(b)(2) of the Magnuson Fishery Conservation
and Management Act (16 U.S.C. 1861(b)(2)) is amended by inserting `and
special areas' immediately after `exclusive economic zone'.
AMENDMENTS TO NORTHERN PACIFIC HALIBUT ACT OF 1982

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TITLE III

-IMPLEMENTATION OF MARITIME BOUNDARY AGREEMENT AMENDMENTS TO

Act of 1982 (16 U.S.C. 773(c)) is amended to read as follows:
`(c) `Exclusive economic zone' means the zone established by Proclamation
Numbered 5030, dated March 10, 1983. For purposes of applying this Act,
the inner boundary of that zone is a line coterminous with the seaward
boundary of each of the coastal States.'.
(2) Section 2 of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773)
is amended by adding at the end the following new subsection:
`(h) `Special areas' means the areas referred to as eastern special areas in
Article 3(1) of the Agreement between the United States of America and the
Union of Soviet Socialist Republics on the Maritime Boundary, signed June
1. 1990; in particular, the term refers to those areas east of the United
States-Soviet maritime boundary, as defined in that Agreement, that lie
within 200 nautical miles of the baselines from which the breadth of the
territorial sea of the Soviet Union is measured but beyond 200 nautical
miles of the baselines from which the breadth of the territorial sea of
the United States is measured.'.
(b) UNLAWFUL ACTS- Section 7(b) of the Northern Pacific Halibut Act of 1982
(16 U.S.C. 773e(b)) is amended by striking `fishery conservation zone'
and inserting in lieu thereof `exclusive economic zone and special areas'.
AMENDMENTS TO THE FUR SEAL ACT OF 1966

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is amended--
(1) by redesignating subsections (f) through (m) as subsections (g) through
(n), respectively; and
(2) by inserting immediately after subsection (e) the following new
subsection:
`(f) `Jurisdiction of the United States' includes jurisdiction over the
special areas defined in section 3(24) of the Magnuson Fishery Conservation
and Management Act (16 U.S.C. 1802(24)).'.
AMENDMENTS TO MARINE MAMMAL PROTECTION ACT OF 1972

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U.S.C. 1362(14)) is amended to read as follows:
`(14) The term `waters under the jurisdiction of the United States' means--
`(A) the territorial sea of the United States;
`(B) the waters included within a zone, contiguous to the territorial sea
of the United States, of which the inner boundary is a line coterminous
with the seaward boundary of each coastal State, and the outer boundary
is a line drawn in such a manner that each point on it is 200 nautical
miles from the baseline from which the territorial sea is measured; and
`(C) the areas referred to as eastern special areas in Article 3(1) of the
Agreement between the United States of America and the Union of Soviet
Socialist Republics on the Maritime Boundary, signed June 1, 1990; in
particular, those areas east of the United States-Soviet Maritime boundary,
as defined in that Agreement, that lie within 200 nautical miles of the
baselines from which the breadth of the territorial sea of the Soviet Union
is measured but beyond 200 nautical miles of the baselines from which the
breadth of the territorial sea of the United States is measured.'.
RELATIONSHIP TO ENDANGERED SPECIES ACT OF 1973

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Conservation and Management Act (16 U.S.C. 1802(24)) shall be considered
places that are subject to the jurisdiction of the United States for the
purposes of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
AMENDMENTS TO PACIFIC SALMON TREATY ACT OF 1985

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1985 (16 U.S.C. 3631) is amended--
(1) by redesignating subsections (h) through (j) as subsections (i) through
(k), respectively; and
(2) by inserting immediately after subsection (g) the following new
subsection:
`(h) `Special areas' means the areas referred to as eastern special areas in
Article 3(1) of the Agreement between the United States of America and the
Union of Soviet Socialist Republics on the Maritime Boundary, signed June
1, 1990; in particular, the term refers to those areas east of the United
States-Soviet maritime boundary, as defined in that Agreement, that lie
within 200 nautical miles of the baselines from which the breadth of the
territorial sea of the Soviet Union is measured but beyond 200 nautical
miles of the baselines from which the breadth of the territorial sea of
the United States is measured.'.
(b) RULEMAKING- Section 7(a) of the Pacific Salmon Treaty Act of 1985 (16
U.S.C. 3636(a) is amended by inserting `and special areas' immediately after
`Exclusive Economic Zone'.
NATIONAL SEA GRANT COLLEGE PROGRAM

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Program Act (33 U.S.C. 1122(6)) is amended--
(1) by striking `and' at the end of subparagraph (E);
(2) by redesignating subparagraph (F) as subparagraph (G); and
(3) by inserting immediately after subparagraph (E) the following new
subparagraph:
`(F) the special areas defined in section 3(24) of the Magnuson Fishery
Conservation and Management Act (18 U.S.C. 1802(24)); and'.
(b) INTERNATIONAL PROGRAM- Section 3(a)(6) of the Sea Grant Program
Improvement Act of 1976 (33 U.S.C. 1124a(a)(6)) is amended by inserting
`and special areas' immediately after `exclusive economic zone'.
EFFECTIVE DATES

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effect on the date of enactment of this Act, and the amendments made by
the other provisions of this title, except as provided in subsection (b),
shall be effective on the date on which the Agreement between the United
States and the Union of Soviet Socialist Republics on the Maritime Boundary,
signed June 1, 1990, enters into force for the United States.
(b) AUTHORITY TO PRESCRIBE REGULATIONS- The authority to prescribe
regulations to implement the amendments made by this title shall be
effective on the date of enactment of this Act, but no such regulation may
be effective until the date on which the Agreement described in subsection
(a) enters into force for the United States.
Attest:
Secretary.

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Non-Vessel-Operating Common Carrier Act of 1991 — HR. 3866

Other Sections

TITLE I

TITLE II

TITLE III

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