HQ 0111322 - Gambling; 46 U.S.C. App. 289; 18 U.S.C. 1081 - United States International Trade Commision Rulings

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HQ 111322

December 5, 1990

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

CATEGORY: CARRIER

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
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

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