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85th Congress, H. R. 2797

June 1, 1957

AN ACT

71 Stat. 45. To amend title 10, United States Code, to authorize the Secretary of a military department to furnish stevedoring and terminal services and facilities to commercial steamship companies, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 10, United Armed Forces. States Code, is amended by inserting the following new section after Terminal sersection 2632:

§ 2633. Terminal services, furnish to commercial steamship compa

nies

"Notwithstanding the provisions of section 3678 of the Revised Statutes (31 U. S. C. 628), the Secretary of a military department, under such regulations as he may prescribe, may furnish stevedoring and terminal services and facilities at fair and reasonable rates to vessels carrying cargo and passengers sponsored by his department. Collections received for such services and facilities shall be reimbursed to the appropriation or fund initially charged."

SEC. 2. The analysis of chapter 157, title 10, United States Code, is amended by inserting the following item:

**2633. Terminal Services, furnish to commercial steamship companies." Approved June 1, 1957.

vioes.
70A Stat. 146.

85th Congress, S. 1806
July 11, 1957

AN ACT

To amend the Sockeye Salmon Fishery Act of 1947.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 (a) 16 USC 776. of the Sockeye Salmon Fishery Act of 1947 (61 Stat. 511) is amended

to read as follows:

"(a) Convention: The word 'convention' means the convention Definitions, between the United States of America and the Dominion of Canada

for the protection, preservation, and extension of the sockeye salmon 71 Stat. 293. fisheries of the Fraser River system, signed at Washington on the 26th 71 Stat. 294. day of May 1930, as amended by the protocol to the convention, signed

at Ottawa on the 28th day of December 1956."

SEC. 2. Section 2 (e) of such Act is amended to read as follows: "(e) Sockeye salmon and pink salmon: The term 'sockeye salmon' means that species of salmon known by the scientific name Oncorhynchus nerka, and the term 'pink salmon' means that species of salmon known by the scientific name Oncorhynchus gorbuscha.'

SEC. 3. Such Act is further amended by striking out "sockeye salmon" wherever used in such Act, except in subsections (a) and (e) of section 2, and inserting in lieu thereof "sockeye salmon or pink salmon". SEC. 4. Section 7 (a) of such Act is amended by striking out “fishery" and inserting in lieu thereof "fisheries".

16 USC 776e.

SEC. 5. The amendments made by this Act shall take effect on the Effective date. date of entry into force of the protocol, signed at Ottawa on December 28, 1956, between the United States of America and Canada to the convention for the protection, preservation and extension of the sock

eye salmon fisheries of the Fraser River system, signed at Washington 50 Stat. 1355. on May 26, 1930.

Approved July 11, 1957.

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To provide transportation on Canadian vessels between ports in southeastern Alaska, and between Hyder, Alaska, and other points in southeastern Alaska or the continental United States, either directly or via a foreign port, or for any part of the transportation.

on Canadian

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, until June 30, Alaska. 1958, notwithstanding the provisions of law of the United States re- Transportation stricting to vessels of the United States the transportation of passengers and merchandise directly or indirectly from any port in the United vessels. States to another port of the United States, passengers may be transported on Canadian vessels between ports in southeastern Alaska, and passengers and merchandise may be transported on Canadian vessels between Hyder, Alaska, and other points in southeastern Alaska or the continental United States, either directly or via a foreign port, or for any part of the transportation.

Approved July 11, 1957.

(779)

85th Congress, S. 2212
July 24, 1957

AN ACT

71 Stat. 310.

To amend the North Pacific Fisheries Act of 1954.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the North Pacific Fisheries Act of 1954 (68 Stat. 698) is amended as follows:

In section 12 strike out the words "contiguous to the territorial 68 Stat. 700, waters of Alaska" and substitute there for the words "north of the 16 USC 1031. parallel of north latitude of 48 degrees and 30 minutes: And provided further, That no such regulations shall apply in the Convention area south of the 49th parallel of north latitude with respect to sockeye salmon (Oncorhynchus nerka) or pink salmon (Oncorhynchus gorbuscha)."

Approved July 24, 1957.

(780)

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To revise the definition of contract carrier by motor vehicle as set forth in section 203 (a) (15) of the Interstate Commerce Act, and for other purposes.

meroe.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That part II of the Interstate ComInterstate Commerce Act, as amended, is amended as follows: (1) By changing paragraph (15) of section 203 (a) thereof (49 "Contract carU.S. C. 303 (a) (15)), to read as follows:

"(15) The term 'contract carrier by motor vehicle' means any person which engages in transportation by motor vehicle of passengers or property in interstate or foreign commerce, for compensation (other than transportation referred to in paragraph (14) and the exception therein), under continuing contracts with one person or a limited number of persons either (a) for the furnishing of transportation services through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served or (b) for the furnishing of transportation services designed to meet the distinct need of each individual customer."

(2) By adding to section 203 (49 U. S. C. 303), the following new subsection:

rier."
54 Stat. 920.

"(c) Except as provided in section 202 (c), section 203 (b), in the Certificate exception in section 203 (a) (14), and in the second proviso in section or permit. 206 (a) (1), no person shall engage in any for-hire transportation business by motor vehicle, in interstate or foreign commerce, on any public highway or within any reservation under the exclusive jurisdiction of the United States, unless there is in force with respect to such person a certificate or a permit issued by the Commission authorizing such transportation."; and

(3) By adding to section 212 (49 U. S. C. 312), the following new subsection:

"(c) The Commission shall examine each outstanding permit and may within one hundred and eighty days after the date this subsection takes effect institute a proceeding either upon its own initiative, or upon application of a permit holder actually in operation or upon complaint of an interested party, and after notice and hearing revoke a permit and issue in lieu thereof a certificate of public convenience and necessity, if it finds, first, that any person holding a permit whose operations on the date this subsection takes effect do not conform with the definition of a contract carrier in section 203 (a) (15) as in force on and after the date this subsection takes effect; second, are those of a common carrier; and, third, are otherwise lawful. Such certificate so issued shall authorize the transportation, as a common carrier, of the same commodities between the same points or within the same territory as authorized in the permit."

SEC. 2. Part II of such Act is further amended (1) by inserting after the second sentence of section 209 (b) (49 U. S. C. 309 (b)) a 49 Stat. 552. new sentence to read as follows: "In determining whether issuance of a permit will be consistent with the public interest and the national transportation policy declared in this Act, the Commission shall consider the number of shippers to be served by the applicant, the nature of the service proposed, the effect which granting the permit would have upon the services of the protesting carriers and the effect which denying the permit would have upon the applicant and/or its shipper and the changing character of that shipper's requirements."; and (2) by changing the third sentence of section 209 (b) (49 U. S. C.

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