Page:United States Statutes at Large Volume 101 Part 3.djvu/481

 PUBLIC LAW 100-239—JAN. 11, 1988

101 STAT. 1779

(4) Section 12108(a) is amended by— (A) at the end of paragraph (2)(B), strike "and"; (B) redesignating paragraph (3) as (4); and (C) inserting after paragraph (2) a new paragraph (3) that reads as follows: "(3) if rebuilt, was rebuilt in the United States; and". (5) Section 12108(c)(2) is amended by striking "built in the United States" and substituting "built or rebuilt in the United States". SEC. 4. SAVINGS CLAUSE.

(a) Notwithstanding the requirements of section 12108(a)(2) and (3) of title 46, United States Code, a fishery license may be issued to a vessel that before July 28, 1987— (1)(A) was documented under chapter 121 of that title; and (B) was operated as a fish processing or fish tender vessel in the navigable waters of the United States or the exclusive economic zone; (2) was a fish tender or fish processing vessel contracted to be purchased by a citizen of the United States, if the purchase is shown by contract or similarly reliable evidence acceptable to the Secretary to have been made for the purpose of using the vessel as a fish tender or fish processing vessel in the fisheries; (3) was documented under chapter 121 of that title and— (A) was rebuilt in a foreign country; or (B) is subsequently rebuilt in the United States for use as a fish processing vessel; or (4) was built in the United States and— (A) is rebuilt in a foreign country under a contract entered into before 6 months after the date of enactment of this Act, and was purchased or contracted to be purchased before July 28, 1987 with the intent that the vessel be used in the fisheries, if that intent is evidenced by— (i) the contract itself; or (ii) a ruling letter by the Coast Guard before July 29, 1987 under 46 C.F.R. § 67.21-1 or § 67.27-3 pursuant to a ruling request evidencing that intent; or (B) is purchased for use as a fish processing vessel under a contract entered into after July 27, 1987, if—(i) a contract to rebuild the vessel for use as a fish processing vessel was entered into before September 1, 1987; and (ii) that vessel is part of a specific business plan involving the conversion in foreign shipyards of a series of three vessels and rebuilding work on at least one of the vessels had begun before July 28, 1987. (b) A vessel rebuilt under subsection (a)(3)(B) or (4) of this section must be redelivered to the owner before July 28, 1990. However, the Secretary may, on proof of circumstances beyond the control of the owner of a vessel affected by this section, extend the period for rebuilding in a foreign country permitted by this section. (c)(1) Any fishery license or registry issued to a vessel built in a foreign country under this section shall be endorsed to restrict the vessel from catching, taking, or harvesting. (2) Before being issued a fishery license, any vessel described in subsection (a)(2) of this section must be documented under an

91-194 O - 90 - 16: QL.3 Part 3

46 USC 12108 note.

Contracts.

Contracts.

Uniformed

�