§3302 Exemptions

2025—Subsec. (o). Pub. L. 119–60 added subsec. (o). 2022—Subsec. (m). Pub. L. 117–263, in introductory provisions, inserted “or a Great Lakes barge” after “seagoing barge” and substituted “paragraph (6) or (13) of section 3301 of this title” for “section 3301(6) of this title”. 2018—Subsec. (g)(2). Pub. L. 115–232, § 3546(c), substituted “This” for “After

December 31, 1988, this”. Subsec. (n). Pub. L. 115–232, § 3529(b), added subsec. (n). 2006—Subsec. (b). Pub. L. 109–304, § 15(11)(A), inserted comma after “fishing vessel”. Subsec. (c)(2). Pub. L. 109–241, § 311(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Except as provided in paragraphs (3) and (4) of this subsection, 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 is exempt from section 3301(1), (6), (7), (11), and (12) of this title.” Subsec. (c)(3)(B), (4)(A). Pub. L. 109–241, § 311(b), substituted “or less than 500 gross tons as measured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title” for “or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title”. Subsec. (j)(2)(B). Pub. L. 109–304, § 15(11)(B), substituted “chapter 515 of this title” for “section 1304 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295c)”. Subsec. (l)(1)(C). Pub. L. 109–304, § 15(11)(C), substituted “Inc.” for “Inc..”. 2002—Subsec. (l)(1)(D) to (F). Pub. L. 107–295 added subpars. (D) to (F). 1999—Subsec. (l)(1)(C). Pub. L. 106–65 substituted “owned by the National Liberty Ship Memorial, Inc.” for “owned by the United States Maritime Administration”. 1996—Subsec. (b). Pub. L. 104–324, § 1110(1), substituted “Except as provided in subsection (c)(3) of this section, a fishing vessel” for “A fishing vessel,”. Subsec. (c)(1). Pub. L. 104–324, §§ 711(1), 1110(2), substituted “Except as provided in paragraph (3) of this subsection, a fish processing vessel” for “A fish processing vessel” and inserted “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” after “5,000 gross tons”. Subsec. (c)(2). Pub. L. 104–324, §§ 711(2), 1110(3), substituted “Except as provided in paragraphs (3) and (4) of this subsection, a fish tender vessel” for “A fish tender vessel” and inserted “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” after “500 gross tons”. Subsec. (c)(3). Pub. L. 104–324, § 1110(4), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “A fishing, fish processing, or fish tender vessel of not more than 500 gross tons is exempt from section 3301(1), (6), and (7) of this title if— “(A) when transporting cargo to or from a place in Alaska— “(i) that place does not receive weekly common carrier service by water from a place in the United States; or “(ii) the cargo is of a type not accepted by that common carrier service; or “(B) in the case of a fish tender vessel, the vessel is not engaged in the Aleutian trade.” Subsec. (c)(4)(A). Pub. L. 104–324, § 711(3), inserted “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” after “500 gross tons”. Subsec. (d)(1). Pub. L. 104–324, § 711(4), inserted “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” after “150 gross tons”. Subsec. (i)(1)(A). Pub. L. 104–324, § 711(5), inserted “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” after “300 gross tons”. Subsec. (j). Pub. L. 104–324, § 711(6), inserted “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” after “15 gross tons”. 1993—Subsec. (m). Pub. L. 103–206 added subsec. (m). 1990—Subsec. (c)(3), (4). Pub. L. 101–595, § 602(b), added pars. (3) and (4). Subsec. (j)(2)(B). Pub. L. 101–595, § 603(2), substituted “(46 App. U.S.C. 1295c)” for “(46 App. U.S.C. 1295(c))”. Subsec. (l). Pub. L. 101–595, § 303(a), added subsec. (l). 1986—Subsec. (i)(5). Pub. L. 99–307, § 1(3), substituted “charterer” for “charter”. Subsec. (k). Pub. L. 99–307, § 1(4), added subsec. (k). 1984—Subsec. (b). Pub. L. 98–364 amended subsec. (b) generally, which prior to amendment read as follows: “A motor vessel engaged in fishing as a regular business, including oystering, clamming, crabbing, or the kelp or sponge industry, is exempt from section 3301(1), (4), and (7) of this title.” Subsec. (c). Pub. L. 98–364 amended subsec. (c) generally, which prior to amendment read as follows: “(1) Before

January 1, 1988, a motor vessel is exempt from section 3301(1), (4), and (7) of this title if the vessel is not more than 500 gross tons and— “(A) is a cannery tender or a fishing tender in the salmon or crab fisheries of Alaska, Oregon, and Washington; and “(B) only carries cargo to or from vessels in those fisheries or a facility used in processing or assembling fishery products, or transports cannery or fishing personnel to or from operating locations. “(2) Before

January 1, 1988, a vessel is exempt from section 3301(1), (4), (6), and (7) of this title if the vessel is not more than 5,000 gross tons and is used only in processing and assembling fishery products in the fisheries of Alaska, Oregon, and Washington.”

issued under such chapters, for fishing vessels and fish tender vessels. “(2) Application.—A temporary waiver issued under paragraph (1) shall be issued at the discretion of the relevant Officer in Charge, Marine Inspection to a fishing vessel or fish tender vessel that—“(A) performs towing operations of net pens, and associated work platforms, to or from aquaculture or hatchery worksites; “(B) is less than 200 gross tons; “(C) does not tow a net pen, or associated work platform, that is carrying cargo or hazardous material, including oil, on board; “(D) is operating shoreward of the Boundary Line in either—“(i) Southeast Alaska; or “(ii) Prince William Sound; and “(E) complies with all applicable laws for its use in the usual purpose for which it is normally and substantially operated, including any applicable inspection requirements under section 3301 of title 46, United States Code, and exemptions under section 3302 of such title. “(3) Implementation.—“(A) Request process.—The owner or operator of a fishing vessel or fish tender vessel seeking a waiver under paragraph (1) shall submit a request to the relevant Officer in Charge, Marine Inspection. “(B) Contents.—The request submitted under subparagraph (A) shall include—“(i) a description of the intended towing operations; “(ii) the time periods and frequency of the intended towing operations; “(iii) the location of the intended operations; “(iv) a description of the manning of the fishing vessel or fish tender vessel during the intended operations; and “(v) any additional safety, operational, or other relevant information requested by the relevant Officer in Charge, Marine Inspection. “(4) Policy.—The Secretary of the department in which the Coast Guard is operating may issue policy to facilitate the implementation of this subsection. “(5) Definitions.—In this subsection:“(A) Boundary line.—The term ‘Boundary Line’ has the meaning given such term in section 103 of title 46, United States Code. “(B) Fishing vessel.—The term ‘fishing vessel’ has the meaning given such term in section 2101 of title 46, United States Code. “(C) Fish tender vessel.—The term ‘fish tender vessel’ has the meaning given such term in section 2101 of title 46, United States Code. “(D) Officer in charge, marine inspection.—The term ‘Officer in Charge, Marine Inspection’ has the meaning given such term in section 3305 of title 46, United States Code. “(E) Prince william sound.—The term ‘Prince William Sound’ means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchenbrook Entrance out to, and encompassing, Seal Rocks. “(F) Southeast alaska.—The term ‘Southeast Alaska’ means the area along the coast of the State of Alaska from latitude 54 degrees 40 minutes 00 seconds North to 60 degrees 18 minutes 24 seconds North. “(6) Sunset.—The authorities under this section shall expire on

January 1, 2027.” Vessels Repaired or Retrofitted for Mobile Trade Fair Purposes Deemed Out of Commission Pub. L. 100–418, title X, § 10003(b), Aug. 23, 1988, 102 Stat. 1573, provided that: “For one year after the date of enactment of this Act [Aug. 23, 1988], a vessel that is undergoing repair or retrofitting for use solely for mobile trade fair purposes is deemed to be out of commission under section 3302(e) of title 46, United States Code, during the repair or retrofitting.” Exemption of Certain Fishing and Fish Processing Vessels Pub. L. 98–364, title IV, § 403,

July 17, 1984, 98 Stat. 450, as amended by Pub. L. 99–36, § 3,

May 15, 1985, 99 Stat. 68; Pub. L. 101–225, title III, § 306, Dec. 12, 1989, 103 Stat. 1925, provided that: “(a) Except as provided in chapter 37 of title 46, United States Code, and before

January 1, 1991, a fishing, fish processing, or fish tender vessel, that is (1) not more than 500 gross tons and (2) in operation, or contracted for purchase to be used as a vessel of this type, before

July 1, 1984, may transport cargo to or from a place in Alaska not receiving weekly transportation service from a port of the United States by an established water common carrier, except that the service limitation does not apply to transporting cargo of a type not accepted by that carrier. “(b) A fish processing vessel entered into service before

January 1, 1988, and more than 1,600 gross tons or entered into service after

December 31, 1987, and having more than 16 individuals on board primarily employed in the preparation of fish or fish products is exempt from section 8702(b) of title 46, United States Code, until 18 months after the date of enactment of this Act [

July 17, 1984]. “(c) As used in subsections (a) and (b) of this section, the terms ‘fishing vessel’, ‘fish processing vessel’ and ‘fish tender vessel’ shall have the meaning given to such terms in section 2101 of title 46, United States Code.” Offshore Supply Vessels; Transition Period for Compliance With Vessel Inspection Provisions Pub. L. 98–89, § 2(i), Aug. 26, 1983, 97 Stat. 599, provided that: “Each offshore supply vessel described in section 3302(g) of title 46 (as enacted by section 1 of this Act), that was registered with the Secretary of Transportation under section 4426a(7) of the Revised Statutes [former 46 U.S.C. 404–1(7)] but that has not been inspected by the Secretary shall be held to be in compliance with all applicable vessel inspection laws pending verification by actual inspection or until one year after the date of enactment of this Act [Aug. 26, 1983], whichever is earlier.”