Page:United States Statutes at Large Volume 110 Part 6.djvu/147

 PUBLIC LAW 104-324—OCT. 19, 1996 110 STAT. 3969 Texas. Nothing in this section prevents the consolidation of management functions of these Coast Guard authorities. SEC. 1110. UNINSPECTED FISH TENDER VESSELS. Section 3302 of title 46, United States Code, as amended by this Act, is further amended as follows: (1) Subsection (b) is amended by striking "A fishing vessel," and inserting "Except as provided in subsection (c)(3) of this section, a fishing vessel". (2) Subsection (c)(1) is amended by striking "A fish processing vessel" and inserting "Except as provided in paragraph (3) of this subsection, a fish processing vessel". (3) Subsection (c)(2) is amended by striking "A fish tender vessel" and inserting "Except as provided in paragraphs (3) and (4) of this subsection, a fish tender vessel". (4) Subsection (c)(3) is amended to read as follows: "(3)(A) A fishing vessel or fish processing vessel is exempt from section 3301(1), (6), and (7) of this title when transporting cargo (including fisheries-related cargo) to or from a place in Alaska if— "(i) that place does not receive weekly common carrier service by water from a place in the United States; "(ii) that place receives such common carrier service and the cargo is of a type not accepted by that common carrier service; or "(iii) the cargo is proprietary cargo owned by the owner of the vessel or any affiliated entity or subsidiary. "(B) A fish tender vessel of not more than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title, which is qualified to engage in the Aleutian trade is exempt from section 3301(1), (6), and (7) of this title when transporting cargo (including fisheriesrelated cargo) to or from a place in Alaska outside the Aleutian « trade geographic area if— "(i) that place does not receive weekly common carrier service by water from a place in the United States; "(ii) that place receives such common carrier service and the cargo is of a type not accepted by that common carrier service; or "(iii) the cargo is proprietary cargo owned by the owner of the vessel or any affiliated entity or subsidiary. "(C) In this paragraph, the term 'proprietary cargo' means cargo that— "(i) is used by the owner of the vessel or any affiliated entity or subsidiary in activities directly related to fishing or the processing of fish; "(ii) is consumed by employees of the owner of the vessel or any affiliated entity or subsidiary who are engaged in fishing or in the processing offish; or "(iii) consists of fish or fish products harvested or processed by the owner of the vessel or any affiliated entity or subsidiary. "(D) Notwithstanding the restrictions in subparagraph (B) of this paragraph, vessels qualifying under subparagraph (B) may transport cargo (including fishery-related products) from a place in Alaska receiving weekly common carrier service by water to

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