[Congressional Record Volume 155, Number 84 (Monday, June 8, 2009)]
[Senate]
[Page S6266]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INHOFE (for himself and Mr. Coburn):
  S. 1205. A bill to exempt guides for hire and other operators of 
uninspected vessels on Lake Texoma from Coast Guard and other 
regulations, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.
  Mr. INHOFE. Mr. President, today I introduced legislation that will 
exempt fishing guides and other operators of uninspected vessels on 
Lake Texoma from Coast Guard regulation. After weeks of discussion with 
the Coast Guard and thoughtful consideration, many in the Oklahoma 
delegation have decided that this is the course of action that will 
best protect an industry that is extremely important to the people of 
southern Oklahoma.
  While the waters on Lake Texoma are considered ``navigable'' and 
currently subject to Federal regulation, this is inherently a state 
function and should be regulated at that level. This legislation will 
cede authority to conduct the licensing of fishing guides to the proper 
governing entity, which is the State of Oklahoma and not the Federal 
Government. I applaud Congressman Boren for introducing companion 
legislation in the House of Representatives, and thank Senator Coburn 
for his cosponsorship of this measure.
  At the end of the day this is about two things: preserving the 
fishing guide industry and, most importantly, ensuring safety on Lake 
Texoma. The State of Oklahoma is better positioned to accomplish both. 
The Coast Guard has not had an active presence at the lake until 
recently, whereas the State of Oklahoma's Department of Public Safety 
has a long history of ensuring safe boating activity there. Day in and 
day out, the State of Oklahoma will be better able to provide for the 
safety of individuals at the lake. Federal interference in the daily 
lives of Oklahomans is ever-increasing, and I believe it is important 
that we preserve state jurisdiction over activities such as this. This 
legislation accomplishes that.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1205

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXEMPTION OF FISHING GUIDES AND OTHER OPERATORS OF 
                   UNINSPECTED VESSELS ON LAKE TEXOMA FROM COAST 
                   GUARD AND OTHER REGULATIONS.

       (a) Exemption.--
       (1) Exemption of state licensees from coast guard 
     regulation.--Residents or non-residents who assist, 
     accompany, transport, guide, or aid persons in the taking of 
     fish for monetary compensation or other consideration on Lake 
     Texoma who are licensed by the State in which they are 
     operating shall not be subject to any requirement established 
     or administered by the Coast Guard with respect to that 
     operation.
       (2) Exemption of coast guard licensees from state 
     regulation.--Residents or non-residents who assist, 
     accompany, transport, guide, or aid persons in the taking of 
     fish for monetary compensation or other consideration on Lake 
     Texoma who are currently licensed by the Coast Guard to 
     conduct such activities shall not be subject to State 
     regulation for as long as the Coast Guard license for such 
     activities remains valid.
       (b) State Requirements Not Affected.--Except as provided in 
     subsection (a)(2), this section does not affect any 
     requirement under State law or under any license issued under 
     State law.

     SEC. 2. WAIVER OF BIOMETRIC TRANSPORTATION SECURITY CARD 
                   REQUIREMENT FOR CERTAIN SMALL BUSINESS MERCHANT 
                   MARINERS.

       Section 70105(b)(2) of title 46, United States Code, is 
     amended--
       (1) in subparagraph (B), by inserting ``and serving under 
     the authority of such license, certificate of registry, or 
     merchant mariners document on a vessel for which the owner or 
     operator of such vessel is required to submit a vessel 
     security plan under section 70103(c) of this title'' before 
     the semicolon;
       (2) by striking subparagraph (D); and
       (3) by redesignating subparagraphs (E), (F), and (G) as 
     subparagraphs (D), (E), and (F), respectively.
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