ALASKA CARGO PROVISIONS.

SEC. 602. ALASKA CARGO PROVISIONS. (a) Definition.—Section 2102 of title 46, United States Code, is amended by— (1) designating the existing text as subsection (a); and (2) adding the following new subsection at the end: “(b) In chapters 33, 45, 51, 81, and 87 of this title, ‘Aleutian trade’ means the transportation of cargo (including fishery related products) for hire on board a fish tender vessel to or from a place in Alaska West of 153 degrees west longitude and east of 172 degrees East longitude, if that place receives weekly common carrier service by water, to or from a place in the United States (except a place in Alaska).”. (b) Inspection Provisions.—Section 3302(c) of title 46, United States Code, is amended by adding at the end the following: “(3) 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. “(4) A fish tender vessel is exempt from section 3301 (1), (6), and (7) of this title when engaged in the Aleutian trade if the vessel— “(A) is not more than 500 gross tons; “(B) has an incline test performed by a marine surveyor; and “(C) has written stability instructions posted on board the vessel.”. (c) Safety Standards.— (1) Section 4502 (b) and (c) of title 46, United States Code, is amended to read as follows: “(b) (1) In addition to the requirements of subsection (a) of this section, the Secretary shall prescribe regulations requiring the installation, maintenance, and use of the equipment in paragraph (2) of this subsection for documented vessels to which this chapter applies that— “(A) operate beyond the Boundary Line; “(B) operate with more than 16 individuals on board; or 104 STAT. 2991 “(C) in the case of a fish tender vessel, engage in the Aleutian trade. “(2) The equipment to be required is as follows: “(A) alerting and locating equipment, including emergency position indicating radio beacons; “(B) lifeboats or liferafts sufficient to accommodate all individuals on board; “(C) at least one readily accessible immersion suit for each individual on board that vessel when operating on the waters described in section 3102 of this title; “(D) radio communications equipment sufficient to effectively communicate with land-based search and rescue facilities; “(E) navigation equipment, including compasses, radar reflectors, nautical charts, and anchors; “(F) first aid equipment, including medicine chests; and “(G) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary deter-mines that a risk of serious injury exists that can be eliminated or mitigated by that equipment. “(c) (1) In addition to the requirements described in subsections (a) and (b) of this section, the Secretary may prescribe regulations establishing the standards in paragraph (2) of this subsection for vessels to which this chapter applies that— “(A) (i) were built after December 31, 1988, or undergo a major conversion completed after that date; and “(ii) operate with more than 16 individuals on board; or “(B) in the case of a fish tender vessel, engage in the Aleutian trade. “(2) The standards shall be minimum safety standards, including standards relating to— “(A) navigation equipment, including radars and fathometers; “(B) lifesaving equipment, immersion suits, signaling devices, bilge pumps, bilge alarms, life rails, and grab rails; “(C) fire protection and firefighting equipment, including fire alarms and portable and semiportable fire extinguishing equipment; “(D) use and installation of insulation material; “(E) storage methods for flammable or combustible material; and “(F) fuel, ventilation, and electrical systems.”. (2) Section 4502(f) of title 46, United States Code, is amended to read as follows: “(f) To ensure compliance with the requirements of this chapter, at least once every 2 years the Secretary shall examine— “(1) a fish processing vessel; and “(2) a fish tender vessel engaged in the Aleutian trade.”, (d) Load Lines.— Section 5102(b)(5)(B) of title 46, United States Code, is amended to read as follows: “(B) (i) is not on a foreign voyage; or “(ii) engaged in the Aleutian trade (except a vessel in that trade assigned a load line at any time before June 1, 1992).”. (e) Manning.— (1) Section 8104 of title 46, United States Code, is amended by adding at the end the following: “(n) (1) Except as provided in paragraph (2) of this subsection, on a fish tender vessel of not more than 500 gross tons engaged in the 104 STAT. 2992Aleutian trade, the licensed individuals and crewmembers shall be divided, when at sea, into at least 3 watches. “(2) On a fish tender vessel of not more than 500 gross tons engaged in the Aleutian trade, the licensed individuals and crew-members shall be divided, when at sea, into at least 2 watches, if the vessel— “(A) before September 8, 1990, operated in that trade; or “(B) (i) before September 8, 1990, was purchased to be used in that trade; and “(ii) before June 1, 1992, entered into service in that trade.”. (2) Section 8702 of title 46, United States Code, is amended as follows: (A) in subsection (a)(3) by striking “vessel” and substituting “vessel (except a fish tender vessel engaged in the Aleutian trade)”; (B) in subsection (b)(2) by— (i) striking “50 percent on a vessel permitted under section 8104 of this title to maintain a 2-watch system.”; and (ii) substituting the following: “50 percent— “(i) on a vessel permitted under section 8104 of this title to maintain a 2-watch system; or “(ii) on a fish tender vessel engaged in the Aleutian trade.”. (3) For the purposes of chapter 73 of title 46, United States Code, the Secretary of Transportation shall accept the service used by an individual to qualify for an endorsement as able seaman—fishing industry as qualifying service toward an endorsement as an able seaman— (A) under sections 7307 and 7309 of that title; or (B) if the service is on board a vessel of at least 100 gross tons, under section 7308 of that title. (f) Effective Dates.—This section is effective on the date of enactment of this section except as follows: (1) The requirements imposed by section 3302(c)(4) (B) and (C) of title 46, United States Code, (as enacted by subsection (b) of this section) is effective 6 months after the date of enactment of this Act. (2) Before January 1, 1993, section 4502(c) (as amended by subsection (c) of this section) does not apply to a fish tender vessel engaged in the Aleutian trade, if the vessel— (A) (i) before September 8, 1990, operated in that trade; or (ii) before September 8, 1990, was purchased to be used in that trade and, before June 1, 1992, entered into service in that trade; and (B) does not undergo a major conversion. (3) Before January 1, 2003, a fish tender vessel is exempt from chapter 51 of title 46, United States Code, (as amended by subsection (d) of this section) when engaged in the Aleutian trade, if the vessel— (A) (i) before September 8, 1990, operated in that trade; or (ii) before September 8, 1990, was purchased to be used in this trade and, before June 1, 1992, entered into service in that trade; (B) does not undergo a major conversion; and 104 STAT. 2993 (C) did not have a load line assigned at any time before the date of enactment of this Act. (4) The requirements imposed by section 8702(b)(2) of title 46, United States Code, (as amended by subsection (e)(2)(B) of this section) are effective 1 year after the date of enactment of this Act.