215 
gible for a fishery endorsement or 
any permit necessary to partici-
pate in any fishery under the au-
thority of the New England Fish-
ery Management Council or the 
Mid-Atlantic Fishery Management 
Council established, respectively, 
under subparagraphs (A) and (B) 
of section 302(a)(1) of the Magnu-
son-Stevens Act; or 
‘‘(ii) to allow the vessels re-
ferred to in clause (i) to partici-
pate in any fishery under the au-
thority of the Councils referred to 
in clause (i) in any manner that is 
not consistent with the fishery 
management plan for the fishery 
developed by the Councils under 
section 303 of the Magnuson-Ste-
vens Act.’’. 
SEC. 302. GOODS AND SERVICES. 
Section 4(b) of the Act of July 5, 1884, com-
monly known as the Rivers and Harbors Ap-
propriation Act of 1884 (33 U.S.C. 5(b)), is 
amended— 
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216 
(1) by striking ‘‘or’’ at the end of para-
graph (2)(C); 
(2) by striking the period at the end 
of paragraph (3) and inserting ‘‘; or’’; and 
(3) by adding at the end the fol-
lowing: 
‘‘(4) sales taxes on goods and services 
provided to or by vessels or watercraft 
(other than vessels or watercraft pri-
marily engaged in foreign commerce).’’. 
SEC. 303. SEAWARD EXTENSION OF ANCHORAGE GROUNDS 
JURISDICTION. 
Section 7 of the Rivers and Harbors Ap-
propriations Act of 1915 (33 U.S.C. 471) is 
amended— 
(1) by striking ‘‘That the’’ and insert-
ing the following: 
‘‘(a) IN GENERAL.—The’’. 
(2) in subsection (a) (as designated by 
paragraph (1)) by striking ‘‘$100; and the’’ 
and inserting ‘‘up to $10,000. Each day 
during which a violation continues shall 
constitute a separate violation. The’’; 
(3) by adding at the end the fol-
lowing: 
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217 
‘‘(b) DEFINITION.—As used in this section 
‘navigable waters of the United States’ in-
cludes all waters of the territorial sea of the 
United States as described in Presidential 
Proclamation No. 5928 of December 27, 1988.’’. 
SEC. 304. MARITIME DRUG LAW ENFORCEMENT ACT 
AMENDMENT-SIMPLE POSSESSION. 
Section 70506 of title 46, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘(c) SIMPLE POSSESSION.— 
‘‘(1) IN GENERAL.—Any individual on a 
vessel subject to the jurisdiction of the 
United States who is found by the Sec-
retary, after notice and an opportunity 
for a hearing, to have knowingly or inten-
tionally possessed a controlled substance 
within the meaning of the Controlled 
Substances Act (21 U.S.C. 812) shall be 
liable to the United States for a civil pen-
alty of not to exceed $10,000 for each vio-
lation. The Secretary shall notify the in-
dividual in writing of the amount of the 
civil penalty. 
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218 
‘‘(2) DETERMINATION
OF
AMOUNT.—In 
determining the amount of the penalty, 
the Secretary shall consider the nature, 
circumstances, extent, and gravity of the 
prohibited acts committed and, with re-
spect to the violator, the degree of culpa-
bility, any history of prior offenses, abil-
ity to pay, and other matters that justice 
requires. 
‘‘(3) TREATMENT OF CIVIL PENALTY AS-
SESSMENT.—Assessment of a civil penalty 
under this subsection shall not be consid-
ered a conviction for purposes of State or 
Federal law but may be considered proof 
of possession if such a determination is 
relevant.’’. 
SEC. 305. TECHNICAL AMENDMENTS TO TONNAGE MEAS-
UREMENT LAW. 
(a) DEFINITIONS.—Section 14101(4) of title 
46, United States Code, is amended— 
(1) by striking ‘‘engaged’’ the first 
place it appears and inserting ‘‘that en-
gages’’; 
(2) in subparagraph (A), by striking 
‘‘arriving’’ and inserting ‘‘that arrives’’; 
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219 
(3) in subparagraph (B)— 
(A) by striking ‘‘making’’ and in-
serting ‘‘that makes’’; and 
(B) by striking ‘‘(except a foreign 
vessel engaged on that voyage)’’; 
(4) in subparagraph (C), by striking 
‘‘departing’’ and inserting ‘‘that departs’’; 
and 
(5) in subparagraph (D), by striking 
‘‘making’’ and inserting ‘‘that makes’’. 
(b) DELEGATION
OF
AUTHORITY.—Section 
14103(c) of that title is amended by striking 
‘‘intended to be engaged on’’ and inserting 
‘‘that engages on’’. 
(c) APPLICATION.—Section 14301 of that 
title is amended— 
(1) by amending subsection (a) to 
read as follows: 
‘‘(a) Except as otherwise provided in this 
section, this chapter applies to any vessel for 
which the application of an international 
agreement or other law of the United States 
to the vessel depends on the vessel’s ton-
nage.’’; 
(2) in subsection (b)— 
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220 
(A) in paragraph (1), by striking 
the period at the end and inserting ‘‘, 
unless the government of the country 
to which the vessel belongs elects to 
measure the vessel under this chap-
ter.’’; 
(B) in paragraph (3), by inserting 
‘‘of United States or Canadian reg-
istry or nationality, or a vessel oper-
ated under the authority of the 
United States or Canada, and that is’’ 
after ‘‘vessel’’; 
(C) in paragraph (4), by striking 
‘‘a vessel (except a vessel engaged’’ 
and inserting ‘‘a vessel of United 
States registry or nationality, or one 
operated under the authority of the 
United States (except a vessel that en-
gages’’; 
(D) by striking paragraph (5); 
(E) by redesignating paragraph 
(6) as paragraph (5); and 
(F) by amending paragraph (5), as 
so redesignated, to read as follows: 
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221 
‘‘(5) a barge of United States registry 
or nationality, or a barge operated under 
the authority of the United States (except 
a barge that engages on a foreign voyage) 
unless the owner requests.’’; 
(3) by striking subsection (c); 
(4) by redesignating subsections (d) 
and (e) as subsections (c) and (d), respec-
tively; and 
(5) in subsection (c), as redesignated, 
by striking ‘‘After July 18, 1994, an exist-
ing vessel (except an existing vessel re-
ferred to in subsection (b)(5)(A) or (B) of 
this section)’’ and inserting ‘‘An existing 
vessel that has not undergone a change 
that the Secretary finds substantially af-
fects the vessel’s gross tonnage (or a ves-
sel to which IMO Resolutions A.494 (XII) 
of November 19, 1981, A.540 (XIII) of No-
vember 17, 1983, or A.541 (XIII) of Novem-
ber 17, 1983 apply)’’. 
(d) MEASUREMENT.—Section 14302(b) of 
that title is amended to read as follows: 
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222 
‘‘(b) A vessel measured under this chapter 
may not be required to be measured under an-
other law.’’. 
(e) TONNAGE CERTIFICATE.— 
(1) ISSUANCE.—Section 14303 of title 
46, United States Code, is amended— 
(A) in subsection (a), by adding at 
the end the following: ‘‘For a vessel to 
which the Convention does not apply, 
the Secretary shall prescribe a certifi-
cate to be issued as evidence of a ves-
sel’s measurement under this chap-
ter.’’; 
(B) in subsection (b), by inserting 
‘‘issued under this section’’ after ‘‘cer-
tificate’’; and 
(C) in the section heading by 
striking ‘‘International’’ and ‘‘(1969)’’. 
(2) MAINTENANCE.—Section 14503 of 
that title is amended— 
(A) by designating the existing 
text as subsection (a); and 
(B) by adding at the end the fol-
lowing new subsection: 
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223 
‘‘(b) The certificate shall be maintained as 
required by the Secretary.’’. 
(3) CLERICAL
AMENDMENT.—The anal-
ysis at the beginning of chapter 143 of 
that title is amended by striking the item 
relating to section 14303 and inserting 
the following: 
‘‘14303. Tonnage Certificate.’’. 
(f) OPTIONAL REGULATORY MEASUREMENT.— 
Section 14305(a) of that title is amended by 
striking ‘‘documented vessel measured under 
this chapter,’’ and inserting ‘‘vessel measured 
under this chapter that is of United States 
registry or nationality, or a vessel operated 
under the authority of the United States,’’. 
(g) APPLICATION.—Section 14501 of that 
title is amended— 
(1) by amending paragraph (1) to 
read as follows: 
‘‘(1) A vessel not measured under 
chapter 143 of this title if the application 
of an international agreement or other 
law of the United States to the vessel de-
pends on the vessel’s tonnage.’’; and 
(2) in paragraph (2), by striking ‘‘a 
vessel’’ and inserting ‘‘A vessel’’. 
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224 
(h) DUAL
TONNAGE
MEASUREMENT.—Sec-
tion 14513(c) of that title is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘vessel’s tonnage 
mark is below the uppermost part of 
the load line marks,’’ and inserting 
‘‘vessel is assigned two sets of gross 
and net tonnages under this section,’’; 
and 
(B) by inserting ‘‘vessel’s tonnage’’ 
before ‘‘mark’’ the second place such 
term appears; and 
(2) in paragraph (2), by striking the 
period at the end and inserting ‘‘as as-
signed under this section.’’. 
(i) RECIPROCITY
FOR FOREIGN VESSELS.— 
Subchapter II of chapter 145 of that title is 
amended by adding at the end the following: 
‘‘§ 14514. Reciprocity for foreign vessels 
‘‘For a foreign vessel not measured under 
chapter 143, if the Secretary finds that the 
laws and regulations of a foreign country re-
lated to measurement of vessels are substan-
tially similar to those of this chapter and the 
regulations prescribed under this chapter, 
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225 
the Secretary may accept the measurement 
and certificate of a vessel of that foreign 
country as complying with this chapter and 
the regulations prescribed under this chap-
ter.’’. 
(j) CLERICAL
AMENDMENT.—The analysis 
for subchapter II of chapter 145 of such title 
is amended by adding at the end the fol-
lowing: 
‘‘14514. Reciprocity for foreign vessels.’’. 
SEC. 306. ACCESS FOR SEAMEN. 
A seaman assigned to a vessel docked at 
a facility with a security plan approved under 
section 70103(c) of title 46, United States 
Code, and pilots and representatives of sea-
men’s welfare and labor organizations, who 
board and depart from the vessel in compli-
ance with the provisions of the facility secu-
rity plan shall be provided access through the 
facility at no cost to the individual. 
SEC. 307. FISHING VESSEL SAFETY. 
(a) SAFETY STANDARDS.—Section 4502 of 
title 46, United States Code, is amended— 
(1) in subsection (a), by— 
(A) striking paragraphs (6) and (7) 
and inserting the following: 
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226 
‘‘(6) other equipment required to min-
imize the risk of injury to the crew dur-
ing vessel operations, if the Secretary de-
termines that a risk of serious injury ex-
ists that can be eliminated or mitigated 
by that equipment; and’’; and 
(B) redesignating paragraph (8) 
as paragraph (7); 
(2) in subsection (b)— 
(A) in paragraph (1) in the matter 
preceding subparagraph (A), by strik-
ing ‘‘documented’’; 
(B) in paragraph (1)(A), by strik-
ing ‘‘the Boundary Line’’ and insert-
ing ‘‘3 nautical miles from the base-
line from which the territorial sea of 
the United States is measured or be-
yond 3 nautical miles from the coast-
line of the Great Lakes’’; 
(C) in paragraph (2)(B), by strik-
ing ‘‘lifeboats or liferafts’’ and insert-
ing ‘‘a survival craft that ensures that 
no part of an individual is immersed 
in water’’; 
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