HQ 111322: Gambling; 46 U.S.C. App. 289; 18 U.S.C. 1081

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 111322

                        December 5, 1990

VES-5-10-CO:R:C:P 111322 RAH

CATEGORY: Carriers

Michael F. Cavanaugh, Esquire
Gulf National Life Building
771 Beach Boulevard
Post Office Drawer 1911
Biloxi, Mississippi  39533-1911

RE:  Gambling; 46 U.S.C. App.  289; 18 U.S.C.  1081

Dear Mr. Cavanaugh:

     This is in response to your letter of September 25, 1990,
requesting a ruling on 46 U.S.C. App.  289 and 18 U.S.C.  1081.

     In your letter you state that Mississippi allows gambling on
vessels of 150' in length with a minimum 6' draft, and which are
Coast Guard certified to carry 200 passengers.  The Mississippi
statute does not address registry nor does it require that the
vessel actually leave the dock.  You specifically ask:

(1)  Whether a foreign-flag vessel [upon which there is
gambling] which meets the requirements of Mississippi law and
does not transport passengers or even leave the dock violates the
Coastwise Trade Act.

(2)  Whether a foreign-flag vessel which meets the requirements
of Mississippi law and does not leave the jurisdiction of the
State of Mississippi is subject to the Gambling Ship Act.

     In response to your questions, Customs does not issue
rulings under the coastwise laws (46 U.S.C. App.  289) on the
legality of gambling as that issue is determined under the
Gambling Ship Act, 18 U.S.C. 1081, et seq.  The Department of
Justice is the agency responsible for interpreting and enforcing
the Gambling Ship Act and Customs lacks the authority to either
permit or not permit gambling.  Accordingly, we will not issue a
ruling on the questions you pose but will provide you with
general information.

     The Act of April 27, 1948, as amended (codified as sections
1018, 1082, and 1083 of title 18), was enacted to prohibit
persons who are within the jurisdiction of the United States from
having any interest in or engaging in any gambling activities on
a gambling ship if such ship is on the high seas or navigable
waters not within the jurisdiction of any state.

     Section 1082 (18 U.S.C.  1082) provides that it shall be
unlawful for any citizen or resident of the United States, or any
                              - 2 -

other person who is on an American vessel or is otherwise under
or within the jurisdiction of the United States, directly or
indirectly:

          (1)  to set up, operate, or own or hold any
          interest in any gambling ship or any gambling
          establishment on any gambling ship; or
          in pursuance of the operation of any
          gambling establishment on any gambling ship
          to conduct or deal any gambling game, or to
          conduct or operate any gambling device, or to
          induce, entice, solicit, or permit any person
          to bet or play at any such establishment,
          if such gambling ship is on the high seas, or
          is an American vessel or otherwise under or
          within the jurisdiction of the United States,
          and is not within the jurisdiction of any
          State. (Emphasis added).

     The "high seas" for purposes of the above provisions,
include all waters beyond the territorial waters of the United
States which are not under foreign territorial jurisdiction.
Pursuant to  the Submerged Lands Act, the jurisdiction of a
coastal state may extend to the territorial waters of the United
States.  43 U.S.C.  1312.  The territorial waters of the United
States consist of those inland U.S. waters deemed navigable, and
the territorial sea, defined as the belt, 3 nautical miles wide,
adjacent to the coast of the United States and seaward of the
territorial sea baseline.  The 3-mile territorial zone applies
only where another boundary is not already established as a
result of treaty or other U.S. law.

     It is our understanding of the Gambling Ship Act that
gambling is prohibited once a vessel enters into the jurisdiction
of the United States unless the State into whose waters the
vessel enters permits gambling, in which case there would be no
prohibition.

     Please be aware that while we are unaware of any other
federal or state agency requirements that might pertain to the
undertaking you describe, it is possible that such requirements
exist.

                              Sincerely,



                              B. James Fritz
                              Chief
                              Carrier Rulings Branch