568 



11. Exemption of Fishing Vessels From Laws Governing Inspection of 



Steam Vessels 



46 US.C. 367 



§367. Seagoing vessels propelled by 'ntornal-combus- 

 fion eiiKines: exemptions. 



Existing laws covering the inspections of steam 

 vessels are made applicable to seagoing vessels of 

 three hundred gross tons and over propelled in whole 

 or in part by internal-combustion engines to such 

 extent and upon such conditions as may be required 

 by the regulations of the Commandant of the Coast 

 Guard: Provided, That this section shall not apply 

 to any vessel engaged in fishing, oystering, clam- 

 ming, crabbing, or any other branch of the fishery 

 or kelp or sponge industry. As used herein, the phrase 

 "any vessel" engaged in fishing, oystering, clam- 

 ming, crabbing, or any other branch of the fishery 

 or kelp or sponge industries includes cannery tend- 

 er or fishing tender vessels of not more than five 

 hundred gross tons used in the salmon or crab fish- 

 eries of the States of Oregon, Washington, and 

 Alaska which are engaged exclusively in (1) the 

 carriage of cargo to or from vessels in the fishery 

 or a facility used or to be used in the processing or 

 assembling of fishery products, or (2) the transpor- 

 tation of cannery or fishing personnel to or from 

 operating locations, and vessels of not more than 

 five thousand gross tons used in the processing or 

 assembling of fishery products in the fisheries of 

 the States of Oregon, Washington, ^nd Alaska. The 

 exemptions in the preceding sentence for cannery 

 tender, and fishing tender vessels and vessels used 

 in processing or assembling fishery products shall 

 continue in force until July 11, 1978: Provided fur- 

 ther, That as to licenses required for masters and 

 engineers operating vessels propelled by internal- 

 combustion engines operating exclusively in the dis- 



trict covering the Hawaiian Islands, said masters 

 "nd engineers shall be under the jurisdiction of the 

 Coast Guard officials having jurisdiction over said 

 waters, who shall make diligent inquiry as to the 

 charrcter, merits, and qualifications, and knowledge 

 and skill of any master or engineer applying for a 

 license. If the said Coast Guard officials shall be 

 satisfied from personal examination of the applicant 

 and from other proof submitted that the applicant 

 possesses the requisite character, merits, qualifica- 

 tions, knowledge, and skill, and is trustworthy and 

 faithful, they shall grant him a license for the term 

 of five years to operate such vessel under the limits 

 prescribed in the license. The term "seagoing vessels" 

 as used in this section shall be construed to mean 

 vessels which in the usual course of their employ- 

 ment proceed outside the line dividing the inlanc^ 

 waters from the high seas as designated and deter- 

 mined under the provisions of section 151 of Title 

 33. (As amended July 9, 1973, Pub. L. 93-65, § 6(4Z' 

 37 Stat. 151; Oct. 1, 1974, Pub. L. 93-430, §6(2), 



88 Stat. 1182.) 



Amendments 



1974 — Pub. L. 93-430, In the first proviso, substituted 

 definition of "any vessel" for "any vessel engaged In the 

 fishing, oystering, clamming, crabbing, or any other 

 Dr.\n;h of the ishery or kelp or sponge Industries", and 

 added vessels used In processing, or assembling fishery 

 prociucts in provisions relating to the continuation of 

 exemptions until July 11, 1978. 



1973 — Pub. L. 93-65 extended termination date for 

 cannery tender or fishery tender vessel exemption from 

 a date five years from July 11. 19C8, to a date five years 

 from July 11, 1D73. 



12. Exemption of Vessels Engaged in Fishing as a Regular Business 



From Certain Inspections 



46 UJS.C. 404 



§ 404. Int.peclion of ferryboats, canal boats, and small 

 craft; regulations; exemptions. 



The hulls and boilers of every ferryboat, canal 

 boat, yacht or other small craft of like character pro- 

 pelled by steam, shall be Inspected under the provi- 

 sions of this title. Such other provisions of law for 

 the better security of life as may be applicable to 

 such vessels shall, by the regulations of the Secretary 

 of the department in which the Coast Guard is 

 operating, also be required to be complied with be- 

 fore a certificate of inspection shall be granted, and 

 no such vessel shall be navigated without a licensed 

 engineer and a licensed pilot: Provided. That In 

 open steam launches of ten gross tons and under, one 

 person, if duly qualified, may serve in the double ca- 



pacity of pilot and engineer. All vessels of above fif- 

 teen gross tons carrying freight for hire and all 

 vessels of above fifteen gross tons and in excess of 

 sixty-five feet in length carrying passengers for hire, 

 but not engaged in fishing as a regular business, pro- 

 pelled by gas, fiuid, naphtha, or electric motors, shall 

 be subject to all the provisions of this section relating 

 to the inspection of hulls and boilers and requiring 

 engineers and pilots, and for any violation of the 

 provisions of title 52 of the Revised Statutes appli- 

 cable to such vessels, or of rules or regulations law- 

 fully established thereunder, and to the extent to 

 which such provisions of law and regulations are so 

 applicable, the said vessels, their masters, officers, 

 and owners shall be subject to the provisions of sec- 



