46 U.S.C. § 3302: Exemptions

included in another category of section 3301 of this title ; or excluded by this section from another category of section 3301 of this title . Except as provided in subsection (c)(3) of this section, 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. Except as provided in paragraph (3) of this subsection, a fish processing vessel of not more than 5,000 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. A 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 . A vessel engaged in the Aleutian trade that is not more than 2,500 gross tons as measured under section 14302 of this title . that place does not receive weekly common carrier service by water from a place in the United States; that place receives such common carrier service and the cargo is of a type not accepted by that common carrier service; or the cargo is proprietary cargo owned by the owner of the vessel or any affiliated entity or subsidiary. that place does not receive weekly common carrier service by water from a place in the United States; that place receives such common carrier service and the cargo is of a type not accepted by that common carrier service; or the cargo is proprietary cargo owned by the owner of the vessel or any affiliated entity or subsidiary. 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; 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 of fish; or consists of fish or fish products harvested or processed by the owner of the vessel or any affiliated entity or subsidiary. 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 a final destination in Alaska not receiving weekly service by water from common carriers. is not more than 500 gross tons as measured under section 14502 of this title , 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 ; has an incline test performed by a marine surveyor; and has written stability instructions posted on board the vessel. southeastern Alaska shoreward of the Boundary Line; or Prince Rupert, British Columbia; or waters of Washington shoreward of the Boundary Line, via sheltered waters, as defined in article I of the treaty dated December 9, 1933 , between the United States and Canada defining certain waters as sheltered waters. The transportation authorized under this subsection is limited to and from places not receiving annual weekly transportation service from any part of the United States by an established water common carrier. However, the limitation does not apply to transporting cargo of a character not accepted for transportation by that carrier. A vessel laid up, dismantled, or out of commission is exempt from inspection. Section 3301(4) and (8) of this title does not apply to an oceanographic research vessel because it is carrying scientific personnel. was operating as an offshore supply vessel before January 2, 1979 ; or was contracted for before January 2, 1979 , and entered into service as an offshore supply vessel before October 6, 1980 . This subsection does not apply to an offshore supply vessel that is at least 20 years of age. An offshore supply vessel operating on January 1, 1979 , under a certificate of inspection issued by the Secretary, is subject to an inspection standard or requirement only if the standard or requirement could have been prescribed for the vessel under authority existing under law on October 5, 1980 . is not more than 300 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 in a condition that does not present an immediate threat to the safety of life or the environment; and was operating in the waters off Alaska as of June 1, 1976 , or the vessel is a replacement for a vessel that was operating in the waters off Alaska as of June 1, 1976 , if the vessel being replaced is no longer in service. Except in a situation declared to be an emergency by the Secretary, a vessel operating under a permit may not transport cargo to or from a place if the cargo could be transported by another commercial vessel that is reasonably available and that does not require exemptions to operate legally or if the cargo could be readily transported by overland routes. A permit may be issued for a specific voyage or for not more than one year. The permit may impose specific requirements about the amount or type of cargo to be carried, manning, the areas or specific routes over which the vessel may operate, or other similar matters. The duration of the permit and restrictions contained in the permit shall be at the sole discretion of the Secretary. A designated Coast Guard official who has reason to believe that a vessel issued a permit is in a condition or is operated in a manner that creates an immediate threat to the safety of life or the environment or is operated in a manner that is inconsistent with the terms of the permit, may direct the master or individual in charge to take immediate and reasonable steps to safeguard life and the environment, including directing the vessel to a port or other refuge. If a vessel issued a permit creates an immediate threat to the safety of life or the environment, or is operated in a manner inconsistent with the terms of the permit or the requirements of paragraph (2) of this subsection, the permit may be revoked. The owner, charterer, managing operator, agent, master, or individual in charge of a vessel issued a permit, that willfully permits the vessel to be operated, or operates, the vessel in a manner inconsistent with the terms of the permit, is liable to the United States Government for a civil penalty of not more than $1,000. when used in connection with a course of instruction dealing with any aspect of maritime education or study; and the United States Merchant Marine Academy; or a State maritime academy assisted under chapter 515 of this title. Only the boiler, engine, and other operating machinery of a steam vessel that is a recreational vessel of not more than 65 feet overall in length are subject to inspection under section 3301(9) of this title . The steamship John W. Brown (United States official number 242209), owned by Project Liberty Ship Baltimore, Incorporated, located in Baltimore, Maryland. The steamship Lane Victory (United States official number 248094), owned by the United States Merchant Marine Veterans of World War II, located in San Pedro, California. The steamship Jeremiah O’Brien (United States official number 243622), owned by the National Liberty Ship Memorial, Inc. The SS Red Oak Victory (United States official number 249410), owned by the Richmond Museum Association, located in Richmond, California. The SS American Victory (United States official number 248005), owned by Victory Ship, Inc., of Tampa, Florida. The LST–325, owned by USS LST Ship Memorial, Incorporated, located in Mobile, Alabama. The Secretary may issue a permit for a specific voyage or for not more than one year. The Secretary may impose specific requirements about the number of passengers to be carried, manning, the areas or specific routes over which the vessel may operate, or other similar matters. A designated Coast Guard official who has reason to believe that a vessel operating under this subsection is in a condition or is operated in a manner that creates an immediate threat to life or the environment or is operated in a manner that is inconsistent with this section, may direct the master or individual in charge to take immediate and reasonable steps to safeguard life and the environment, including directing the vessel to a port or other refuge. a hazardous material as cargo; or a flammable or combustible liquid, including oil, in bulk. is a recreational vessel (as defined in section 2101 of this title ) over 300 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title ; does not carry any cargo or passengers for hire; and is found by the Secretary to comply with large recreational vessel regulations issued by the Secretary. This subsection shall apply only on and after the effective date of regulations referred to in paragraph (1)(C). an agreement by contract or other approved means with an oil spill removal organization to support a response plan under section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ), including training and exercises related to oil spill response activities; or been approved by the Secretary to respond to a discharge of oil or to participate in training and exercises related to oil spill response activities; is normally and substantially involved in activities other than, and not adapted to, spill response; complies with all applicable laws for the use of such vessel in the activities for which such vessel is normally and substantially operated, including any inspection requirement under this title for such use; and has at least 1 person aboard possessing certifications for, or who are in training for, applicable hazardous waste operations and emergency response. another vessel or a device, including a bladder, designed to carry oil or oil residues with the capacity of less than 250 barrels; or oil spill response equipment, including boom, skimmers, or other response equipment; temporary storage containers on board for recovered oil or oil-contaminated materials collected during an oil spill response, including bags, drums, and totes as approved by the Secretary; oil spill response equipment; or no more than 6 passengers for hire in support of a response plan under Section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ) approved by the Secretary unless the vessel has been inspected under paragraph (4) or (8) of section 3301 or is authorized by the Secretary to carry more than 6 passengers for hire; if the qualified vessel is a tank vessel, be used for storage of recovered oil; conduct any other operation, or engage in training or exercises, in support of a response plan under section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ) approved by the Secretary. The term “qualified vessel” means a vessel operating in Coast Guard District Arctic. The term “qualified oil spill” means an oil spill occurring in waters subject to the jurisdiction of Coast Guard District Arctic. The Secretary of the department in which the Coast Guard is operating, acting through the relevant Officer in Charge, Marine Inspection, may grant temporary waivers from the towing vessel requirements of chapters 33 and 89 of title 46, United States Code, including the regulations issued under such chapters, for fishing vessels and fish tender vessels. performs towing operations of net pens, and associated work platforms, to or from aquaculture or hatchery worksites; is less than 200 gross tons; does not tow a net pen, or associated work platform, that is carrying cargo or hazardous material, including oil, on board; Southeast Alaska; or Prince William Sound; and 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. 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. a description of the intended towing operations; the time periods and frequency of the intended towing operations; the location of the intended operations; a description of the manning of the fishing vessel or fish tender vessel during the intended operations; and any additional safety, operational, or other relevant information requested by the relevant Officer in Charge, Marine Inspection. The Secretary of the department in which the Coast Guard is operating may issue policy to facilitate the implementation of this subsection. The term ‘Boundary Line’ has the meaning given such term in section 103 of title 46 , United States Code. The term ‘fishing vessel’ has the meaning given such term in section 2101 of title 46 , United States Code. The term ‘fish tender vessel’ has the meaning given such term in section 2101 of title 46 , United States Code. The term ‘Officer in Charge, Marine Inspection’ has the meaning given such term in section 3305 of title 46 , United States Code. 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. 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. The authorities under this section shall expire on January 1, 2027 .” 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. 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 ]. 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.”