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85th Congress, S. 2719
September 2, 1958

AN ACT

72 Stat. 1710.

Authorizing and directing the Secretary of the Interior to investigate and eradicate the predatory dogfish sharks to control the depredations of this species on the fisheries of the Pacific coast, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That the Secretary Dogfish sharks, of the Interior is hereby authorized and directed to prosecute, for a eradication. period of not to exceed four years from the date of approval of this Act, investigations of the abundance and distribution of dogfish sharks, experiments to develop control measures, and a vigorous program for the elimination and eradication or development of economic uses of dogfish shark populations.

SEC. 2. In carrying out the foregoing purposes and objectives the Secretary of the Interior is authorized to cooperate with the official conservation agencies of the States bordering on the Pacific coast, with the commercial fishing industry, and with other governmental or private agencies, organizations, or individuals having jurisdiction over or an interest in the fisheries of the Pacific coast.

SEC. 3. There is authorized to be appropriated from time to time, Appropriation. out of any moneys in the Treasury not otherwise appropriated, such

sums as may be necessary not to exceed $95,000 per annum to carry

out the purposes and objectives of this Act.

Approved September 2, 1958.

(819)

85th Congress, S. 3295
September 2, 1958

AN ACT

72 Stat. 1710.

To amend the Fish and Wildlife Act of 1956 in order to increase the authorization for the fisheries loan fund established under such Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c)

of section 4 of the Fish and Wildlife Act of 1956 (70 Stat. 1121) is 16 USC 7420. amended by striking out "$10,000,000" and inserting in lieu thereof "$20,000,000".

Approved September 2, 1958.

(820)

85th Congress, H. R. 9833
September 2, 1958

AN ACT

To amend section 27 of the Merchant Marine Act of 1920.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Merchant Vessels, Marine Act, 1920, as amended (46 U. S. C. 861 and the following), is barges, amended by adding immediately following section 27 thereof (46 operations. U.S. C. 883), a new section 27A reading as follows:

"SEC. 27A. Notwithstanding any other provision of law, a corporation incorporated under the laws of the United States or any State, Territory, District, or possession thereof, shall be deemed to be a citizen of the United States for the purposes of and within the meaning of that term as used in sections 9 and 37 of the Shipping Act, 1916, as amended (46 U. S. C. 808, 835), section 27 of the Merchant Marine Act of 1920, as amended (46 U. S. C. 883), Revised Statutes, section 4370 (46 U. S. C. 316), and the laws relating to the documentation of vessels, if it is established by a certificate filed with the Secretary of the Treasury as hereinafter provided, that

"(a) a majority of the officers and directors of such corporation are citizens of the United States;

"(b) not less than 90 per centum of the employees of such corporation are residents of the United States;

"(c) such corporation is engaged primarily in a manufacturing or mineral industry in the United States or any Territory, District, or possession thereof;

"(d) the aggregate book value of the vessels owned by such corporation does not exceed 10 per centum of the aggregate book value of the assets of such corporation; and

"(e) such corporation purchases or produces in the United States, its Territories, or possessions not less than 75 per centum of the raw materials used or sold in its operations

but no vessel owned by any such corporation shall engage in the fisheries or in the transportation of merchandise or passengers for hire between points in the United States, including Territories, Districts, and possessions thereof, embraced within the coast wise laws, except as a service for a parent or subsidiary corporation and except when such vessel is under demise or bareboat charter at prevailing rates for use otherwise than in the domestic noncontiguous trades from

any such corporation to a common or contract carrier subject to part 72 Stat. 1736. 3 of the Interstate Commerce Act, as amended, which otherwise qual- 72 Stat. 1737. ifies as a citizen under section 2 of the Shipping Act, 1916, as amended

(46 U. S. C. 802), and which is not connected, directly or indirectly, by way of ownership, or control with such corporation.

"As used herein (1), the term 'parent' means a corporation which controls, directly or indirectly, at least 50 per centum of the voting stock of such corporation, and (2), the term 'subsidiary' means a corporation not less than 50 per centum of the voting stock of which is controlled, directly or indirectly, by such corporation or its parent, but no corporation shall be deemed to be a 'parent' or 'subsidiary' hereunder unless it is incorporated under the laws of the United States, or any State, Territory, District, or possession thereof, and there has been filed with the Secretary of the Treasury a certificate as hereinafter provided.

"Vessels built in the United States and owned by a corporation meeting the conditions hereof which are non-self-propelled or which, if self-propelled, are of less than five hundred gross tons shall be entitled to documentation under the laws of the United States, and except as restricted by this section, shall be entitled to engage in the

72 Stat. 1737.

coast wise trade and, together with their owners or masters, shall be entitled to all the other benefits and privileges and shall be subject to the same requirements, penalties, and forfeitures as may be applicable in the case of vessels built in the United States and otherwise documented or exempt from documentation under the laws of the United States.

"A corporation seeking hereunder to document a vessel under the laws of the United States or to operate a vessel exempt from documentation under the laws of the United States shall file with the Secretary of the Treasury of the United States a certificate under oath, in such form and at such times as may be prescribed by him, executed by its duly authorized officer or agent, establishing that such corporation complies with the conditions of this section above set forth. A 'parent' or 'subsidiary' of such corporation shall likewise file with the Secretary of the Treasury a certificate under oath, in such form and at such time as may be prescribed by him, executed by its duly authorized officer or agent, establishing that such 'parent' or 'subsidiary complies with the conditions of this section above set forth, before such corporation may transport any merchandise or passengers for such parent or subsidiary. If any material matter of fact alleged in any such certificate which, within the knowledge of the party so swearing is not true, there shall be a forfeiture of the vessel (or the value thereof) documented or operated hereunder in respect to which the oath shall have been made. If any vessel shall transport merchandise for hire in violation of this section, such merchandise shall be forfeited to the United States. If any vessel shall transport passengers for hire in violation of this section, such vessel shall be subject to a penalty of $200 for each passenger so transported. Any penalty or forfeiture incurred under this section may be remitted or mitigated by the Secretary of the Treasury under the provisions of section 7 of title 46, United States Code.

"Any corporation which has filed a certificate with the Secretary of the Treasury as provided for herein shall cease to be qualified under this section if there is any change in its status whereby it no longer meets the conditions above set forth, and any documents theretofore issued to it, pursuant to the provisions of this section, shall be forthwith surrendered by it to the Secretary of the Treasury."

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85th Congress, H. R. 11078
September 2, 1958

AN ACT

To promote boating safety on the navigable waters of the United States, its Territories, and the District of Columbia; to provide coordination and cooperation with the States in the interest of uniformity of boating laws; and for other purposes.

Be it enacted by the Senate and House of Representatives of the

72 Stat. 1754.

United States of America in Congress assembled, That this Act mayFederal Foating be cited as the "Federal Boating Act of 1958".

Act of 1958.

SEC. 2. As used in sections 3 to 5, inclusive, and sections 7 to 13pefinitions. inclusive, of this Act

(1) The term "undocumented vessel" means any vessel which is not required to have, and does not have, a valid marine document issued by the Bureau of Customs.

(2) The word "vessel" includes every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

(3) The word "Secretary" means the Secretary of the Department in which the Coast Guard is operating.

(4) The word "owner" means the person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him to such possession.

(5) The term "State" means a State of the United States, a Territory of the United States, and the District of Columbia.

SEC. 3. (a) Every undocumented vessel propelled by machinery ofNumbering of more than 10 horsepower, whether or not such machinery is the prin vessels. cipal source of propulsion, using the navigable water of the United States, its Territories and the District of Columbia, and every such vessel owned in a State and using the high seas, shall be numbered in accordance with this Act, except

(1) foreign vessels temporarily using the navigable waters of the United States, its Territories and the District of Columbia;

(2) public vessels of the United States;

(3) State and municipal vessels;

(4) ships' lifeboats; and

Exceptions.

(5) vessels designated by the Secretary under section 7 (bPost, p. 1757. of this Act.

(b) The owner of an undocumented vessel required to be numbered under subsection (a) of this section shall secure a number for such vessel in the State in which it is principally used, in accordance with the State numbering system approved by the Secretary in accordance with subsection (c) of this section, or if no such numbering system has been approved by the Secretary for the State where such vessel is principally used, shall secure a number for such vessel in accordance with subsection (d) of this section.

(c) The Secretary shall establish an overall numbering system for the numbering of vessels required to be numbered under subsection (a) of this section. He shall approve any State system for numbering vessels which is submitted to him which meets the standards set forth below:

(1) The system of numbering shall be in accordance with the overall system of numbering established by the Secretary

(2) The certificate of number and the number awarded shall be valid for a period not exceeding three years, unless canceled or surrendered, and may be renewed for additional periods.

(3) The number awarded shall be required to be painted on, or attached to, each side of the bow of the vessel for which it was issued, and shall be of such size, color, and type, as may be prescribed by

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