Page:United States Statutes at Large Volume 98 Part 1.djvu/493

 PUBLIC LAW 98-364—JULY 17, 1984

98 STAT. 445

(c) The amendments made by subsections (a) and (b) apply with 22 USC 1972 respect to seizures made after April 1, 1983, by foreign countries of note. vessels of the United States. TITLE IV

Commercial Fishing Industry Vessel Act. 46 USC 2101 note. Shipping.

SEC. 401. This title may be cited as the "Commercial Fishing Industrv Vessel Act. SEC. 402. Subtitle 11 of title 46, United States Code, "Shipping", is amended as follows: (1) Section 2101 is amended by— 97 Stat. 501. (A) amending clause (11) thereof to read as follows: "(11) 'fish' means finfish, moUusks, crustaceans, and all other forms of marine animal and plant life, except marine mammals and birds."; (B) inserting immediately after clause (11) the following: "(Ua) 'fishing vessel' means a vessel that commercially engages in the catching, taking, or harvesting of fish or an activity that can reasonably be expected to ^ '^'^^ result in the catching, taking, or harvesting of fish. "(lib) 'fish processing vessel' means a vessel that commercially prepares fish or fish products other than by gutting, decapitating, gilling, skinning, shucking, icing, or brine chilling. "(lie) 'fish tender vessel' means a vessel that commercially supplies, stores, refrigerates, or transports fish, fish products, or materials directly related to fishing or the preparation of fish to or from a fishing, fish processing, or fish tender vessel or a fish processing facility."; and (C) adding the following at the end of clause (21): "(E) on a fishing, fish processing, or fish tender vessel, means an individual transported on the vessel except— "(i) the owner; "(ii) a representative of the owner; "(iii) the managing operator; "(iv) the master; "(v) a crewmember engaged in the business of the vessel who has not contributed consideration for transt portation on board and who is paid for services on board; "(vi) an employee of the owner, or of a subcontractor f' to the owner, engaged in the business of the owner; "(vii) a charterer of the vessel; "(viii) a person with the same relationship to a charterer as a person in subclause (ii) or (vi) of this subclause has to an owner; or "(ix) a guest who has not contributed consideration for transportation on board.". (2) Section 3301 is amended by adding at the end thereof the 97 Stat. 5io. following: "(11) fish processing vessels. "(12) fish tender vessels.". (3) Section 3302(b) and (c) is amended to read as follows: 97 Stat. 510. "(b) A fishing vessel, including a vessel chartered part-time as a fish tender vessel, is exempt from section 3301(1), (7), (11), and (12) of this title.

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