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46 U.S.C. § 4502 — Safety standards

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 4502 — Safety standards

**(a)** The Secretary shall prescribe regulations which require that each vessel to which this chapter applies shall be equipped with— (1) readily accessible fire extinguishers capable of promptly and effectively extinguishing a flammable or combustible liquid fuel fire; (2) at least one readily accessible life preserver or other lifesaving device for each individual on board; (3) an efficient flame arrestor, backfire trap, or other similar device on the carburetors of each inboard engine which uses gasoline as fuel; (4) the means to properly and efficiently ventilate enclosed spaces, including engine and fuel tank compartments, so as to remove explosive or flammable gases; (5) visual distress signals; (6) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment; and (7) a placard as required by regulations prescribed under [section 10603(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10603/b&num=0&edition=prelim). **(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 vessels to which this chapter applies that— (A) operate beyond 3 nautical miles from the baseline from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes; (B) operate with more than 16 individuals on board; or (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

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Stable record: federal_law:legal_authorities:record_usc_6eaa5cdbbea2e9db87f3e24e
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Source location: Title 46, Chapter 45, § 4502; chapter-045-uninspected-commercial-fishing-industry-vessels.md

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**(a)** The Secretary shall prescribe regulations which require that each vessel to which this chapter applies shall be equipped with— (1) readily accessible fire extinguishers capable of promptly and effectively extinguishing a flammable or combustible liquid fuel fire; (2) at least one readily accessible life preserver or other lifesaving device for each individual on board; (3) an efficient flame arrestor, backfire trap, or other similar device on the carburetors of each inboard engine which uses gasoline as fuel; (4) the means to properly and efficiently ventilate enclosed spaces, including engine and fuel tank compartments, so as to remove explosive or flammable gases; (5) visual distress signals; (6) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment; and (7) a placard as required by regulations prescribed under [section 10603(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10603/b&num=0&edition=prelim). **(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 vessels to which this chapter applies that— (A) operate beyond 3 nautical miles from the baseline from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes; (B) operate with more than 16 individuals on board; or (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) subject to paragraph (3), a survival craft that ensures that no part of an individual is immersed in water 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3102&num=0&edition=prelim); (D) marine radio communications equipment sufficient to effectively communicate with land-based search and rescue facilities; (E) navigation equipment, including compasses, nautical charts, and publications; (F) first aid equipment and medical supplies sufficient for the size and area of operation of the vessel; and (G) ground tackle sufficient for the vessel. (3) Except for a nonapplicable vessel, an auxiliary craft shall satisfy the equipment requirement under paragraph (2)(B) if such craft is— (A) necessary for normal fishing operations; (B) readily accessible during an emergency; and (C) capable, in accordance with the Coast Guard capacity rating, when applicable, of safely holding all individuals on board the vessel to which the craft functions as an auxiliary. **(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. **(d)** (1) The Secretary shall prescribe regulations for the operating stability of a vessel to which this chapter applies— (A) that was built after December 31, 1989; or (B) the physical characteristics of which are substantially altered after December 31, 1989, in a manner that affects the vessel’s operating stability. (2) The Secretary may accept, as evidence of compliance with this subsection, a certification of compliance issued by the person providing insurance for the vessel or by another qualified person approved by the Secretary. **(e)** In prescribing regulations under this chapter, the Secretary— (1) shall consider the specialized nature and economics of the operations and the character, design, and construction of the vessel; and (2) may not require the alteration of a vessel or associated equipment that was constructed or manufactured before the effective date of the regulation. **(f)** To ensure compliance with the requirements of this chapter, the Secretary— (1) shall require the individual in charge of a vessel described in subsection (b) to keep a record of equipment maintenance, and required instruction and drills; (2) shall examine at dockside a vessel described in subsection (b) at least once every 5 years, but may require an exam at dockside every 2 years for vessels described in subsection (b) if— (A) requested by an owner or operator; or (B) the vessel is— (i) at least 50 feet overall in length; (ii) built before July 1, 2013; and (iii) 25 years of age or older; and (3) shall issue a certificate of compliance to a vessel meeting the requirements of this chapter and satisfying the requirements in paragraph (2). **(g)** (1) The individual in charge of a vessel described in subsection (b) must pass a training program approved by the Secretary that meets the requirements in paragraph (2) of this subsection and hold a valid certificate issued under that program. (2) The training program shall— (A) be based on professional knowledge and skill obtained through sea service and hands-on training, including training in seamanship, stability, collision prevention, navigation, fire fighting and prevention, damage control, personal survival, emergency medical care, emergency drills, and weather; (B) require an individual to demonstrate ability to communicate in an emergency situation and understand information found in navigation publications; (C) recognize and give credit for recent past experience in fishing vessel operation; and (D) provide for issuance of a certificate to an individual that has successfully completed the program. (3) The Secretary shall prescribe regulations implementing this subsection. The regulations shall require that individuals who are issued a certificate under paragraph (2)(D) must complete refresher training at least once every 5 years as a condition of maintaining the validity of the certificate. (4) The Secretary shall establish an electronic database listing the names of individuals who have participated in and received a certificate confirming successful completion of a training program approved by the Secretary under this section. **(h)** A vessel to which this chapter applies shall be constructed in a manner that provides a level of safety equivalent to the minimum safety standards the Secretary may establish for recreational vessels under section 4302, if— (1) subsection (b) of this section applies to the vessel; (2) the vessel is less than 50 feet overall in length; and (3) the vessel is built after January 1, 2010. **(i)** (1) The Secretary of Health and Human Services shall establish a Fishing Safety Training Grants Program to provide funding to municipalities, port authorities, other appropriate public entities, not-for-profit organizations, and other qualified persons that provide commercial fishing safety training— (A) to conduct fishing vessel safety training for vessel operators and crewmembers that— (i) in the case of vessel operators, meets the requirements of subsection (g); and (ii) in the case of crewmembers, meets the requirements of subsection (g)(2)(A), such requirements of subsection (g)(2)(B) as are appropriate for crewmembers, and the requirements of subsections (g)(2)(D), (g)(3), and (g)(4); and (B) for purchase of safety equipment and training aids for use in those fishing vessel safety training programs. (2) The Secretary of Health and Human Services, in consultation with and based on criteria established by the Commandant of the Coast Guard 11 So in original. Probably should be followed by a comma. shall award grants under this subsection on a competitive basis. (3) The Federal share of the cost of any activity carried out with a grant under this subsection shall not exceed 75 percent. (4) There is authorized to be appropriated $3,000,000 for each of fiscal years 2026, and 2027 for grants under this subsection. **(j)** (1) The Secretary of Health and Human Services shall establish a Fishing Safety Research Grant Program to provide funding to individuals in academia, members of non-profit organizations and businesses involved in fishing and maritime matters, and other persons with expertise in fishing safety, to conduct research on methods of improving the safety of the commercial fishing industry, including vessel design, emergency and survival equipment, enhancement of vessel monitoring systems, communications devices, de-icing technology, and severe weather detection. (2) The Secretary of Health and Human Services, in consultation with and based on criteria established by the Commandant of the Coast Guard, shall award grants under this subsection on a competitive basis. (3) The Federal share of the cost of any activity carried out with a grant under this subsection shall not exceed 75 percent. (4) There is authorized to be appropriated $3,000,000 for each of fiscal years 2026, and 2027. 22 So in original. Period probably should not appear. for activities under this subsection. **(k)** For the purposes of this section, the term “auxiliary craft” means a vessel that is carried onboard a fishing vessel and is normally used to support fishing operations.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 4503 — Fishing, fish tender, and fish processing vessel certification

**(a)** A vessel to which this subsection applies may not be operated unless the vessel— (1) meets all survey and classification requirements prescribed by the American Bureau of Shipping or another similarly qualified organization approved by the Secretary; and (2) has on board a certificate issued by the American Bureau of Shipping or that other organization evidencing compliance with this subsection. **(b)** Subsection (a) applies to a fish processing vessel to which this chapter applies that— (1) is built after July 27, 1990; or (2) undergoes a major conversion completed after that date. **(c)** (1) Except as provided in paragraph (2), subsection (a) applies to a vessel to which [section 4502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section4502/b&num=0&edition=prelim) applies that is at least 50 feet overall in length and is built after July 1, 2013. (2) Subsection (a) does not apply to a fishing vessel or fish tender vessel to which [section 4502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section4502/b&num=0&edition=prelim) applies, if the vessel— (A) is at least 50 feet overall in length, and not more than 180 feet overall in length as listed on the vessel’s certificate of documentation or certificate of number; and (B) (i) is built after the date of the enactment of the Coast Guard Authorization Act of 2016; and (ii) complies with— (I) the requirements described in subsection (d); or (II) the alternative requirements established by the Secretary under subsection (e). **(d)** The requirements referred to in subsection (c)(2)(B)(ii)(I) are the following: (1) The vessel is designed by an individual licensed by a State as a naval architect

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 15102 — National Commercial Fishing Safety Advisory Committee

**(a) Establishment.—** There is established a National Commercial Fishing Safety Advisory Committee (in this section referred to as the “Committee”). **(b) Function.—** The Committee shall— (1) advise and provide recommendations in writing to the Secretary on matters relating to the safe operation of vessels to which chapter 45 of this title applies, including the matters of— (A) navigation safety; (B) safety equipment and procedures; (C) marine insurance; (D) vessel design, construction, maintenance, and operation; and (E) personnel qualifications and training; (2) review regulations proposed under chapter 45 of this title (during preparation of the regulations); and (3) review marine casualties and investigations of vessels covered by chapter 45 of this title and make recommendations to the Secretary to improve safety and reduce vessel casualties. **(c) Membership.—** (1) **In general.—** — The Committee shall consist of 18 members appointed by the Secretary in accordance with this section and section 15109 of this chapter. (2) **Expertise.—** — Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee. (3) **Representation.—** — Members of the Committee shall be appointed as follows: (A) 10 members shall represent the commercial fishing industry and— (i) as a group, shall together reflect a regional and representational balance; and (ii) as individuals, shall each have experience— (I) in the operation of vessels to which chapter 45 of this title applies; or (II) as a crew member or processing line worker on a fish processing vessel. (B) 1 member shall represent naval architects and marine engineers. (C) 1 member shall represent m

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 4503a — Repealed. Pub. L. 117–263, div. K, title CXV, § 11509(a)(3), Dec. 23, 2022, 136 Stat. 4137]

### Statutory Notes Section, added and amended Pub. L. 115–282, title V, § 508(a), (c), Dec. 4, 2018, 132 Stat. 4272, provided for an alternate safety compliance program for certain fishing vessels. #### Construction of Repeal Nothing in repeal by Pub. L. 117–263 to be construed to affect or apply to any alternative compliance and safety agreement entered into by the Coast Guard that is in effect on Dec. 23, 2022, see section 11509(b) of Pub. L. 117–263, set out as a Construction of 2022 Amendment note under [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section4502&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 3102 — Immersion suits

**(a)** The Secretary shall by regulation require immersion suits on vessels designated by the Secretary that operate in the Atlantic Ocean north of 32 degrees North latitude or south of 32 degrees South latitude and in all other waters north of 35 degrees North latitude or south of 35 degrees South latitude. The Secretary may not exclude a vessel from designation under this section only because that vessel carries other lifesaving equipment. **(b)** The Secretary shall establish standards for an immersion suit required by this section, including standards to guarantee adequate thermal protection, buoyance, and flotation stability. **(c)** (1) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel violating this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty. (2) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel violating this section or a regulation prescribed under this section may be fined not more than $25,000, imprisoned for not more than 5 years, or both.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 7306 — General requirements and classifications for members of deck departments

**(a) In General.—** The Secretary may issue a merchant mariner credential, to members of the deck department in the following classes: (1) Able Seaman-Unlimited. (2) Able Seaman-Limited. (3) Able Seaman-Special. (4) Able Seaman-Offshore Supply Vessels. (5) Able Seaman-Sail. (6) Able Seaman-Fishing Industry. (7) Ordinary Seaman. **(b) Classification of Credentials.—** The Secretary may classify the merchant mariner credential issued under subsection (a) based on— (1) the tonnage and means of propulsion of vessels; (2) the waters on which vessels are to be operated; or (3) other appropriate standards. **(c) Qualifications.—** To qualify for a credential under this section, an applicant shall provide satisfactory proof that the applicant— (1) is at least 18 years of age; (2) has the service required by the applicable section of this part; (3) is qualified professionally as demonstrated by an applicable examination or educational requirements; (4) is qualified as to sight, hearing, and physical condition to perform the seafarer’s duties; and (5) has satisfied any additional requirements established by the Secretary, including career patterns and service appropriate to the particular service, industry, or job functions the individual is engaged.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 4508 — Repealed. Pub. L. 115–282, title VI, § 601(c)(1), Dec. 4, 2018, 132 Stat. 4289]

### Statutory Notes Section, added Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1588; amended Pub. L. 101–225, title I, § 106, Dec. 12, 1989, 103 Stat. 1910; Pub. L. 102–241, § 25, Dec. 19, 1991, 105 Stat. 2217; Pub. L. 104–324, title III, § 304(b), Oct. 19, 1996, 110 Stat. 3917; Pub. L. 107–295, title III, § 331(a), Nov. 25, 2002, 116 Stat. 2105; Pub. L. 108–293, title IV, § 418(a), Aug. 9, 2004, 118 Stat. 1049; Pub. L. 109–241, title IX, § 901(g), July 11, 2006, 120 Stat. 564; Pub. L. 111–281, title VI, § 604(c)(1)–(3), Oct. 15, 2010, 124 Stat. 2964, 2965, established the Commercial Fishing Safety Advisory Committee. See [section 15102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section15102&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1331 — Definitions

In this subchapter: **(a) Outer Continental Shelf.—** The term “outer Continental Shelf” means— (1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and (2) does not include any area conveyed by Congress to a territorial government for administration; **(b) Secretary.—** The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), the term “Secretary” means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be. **(c) Lease.—** The term “lease” means any form of authorization which is issued under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1337&num=0&edition=prelim) or maintained under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim) and which authorizes exploration for, and development and production of, minerals. **(d) Person.—** The term “person” includes, in addition to a natural person, an association, a State, a political subdivision o

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 3302 — Exemptions

**(a)** A vessel is not excluded from one category only because the vessel is— (1) included in another category of [section 3301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3301&num=0&edition=prelim); or (2) excluded by this section from another category of [section 3301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3301&num=0&edition=prelim). **(b)** 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. **(c)** (1) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim) is exempt from section 3301(1), (6), (7), (11), and (12) of this title. (2) Except as provided in paragraphs (3) and (4) of this subsection, the following fish tender vessels are exempt from section 3301(1), (6), (7), (11), and (12) of this title: (A) A vessel of not more than 500 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim) or an alternate tonnage measured under [section 14302 of this title](h

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 5102 — Application

**(a)** Except as provided in subsection (b) of this section, this chapter applies to the following: (1) a vessel of the United States. (2) a vessel on the navigable waters of the United States. (3) a vessel— (A) owned by a citizen of the United States or a corporation established by or under the laws of the United States or a State; and (B) not registered in a foreign country. (4) a public vessel of the United States. (5) a vessel otherwise subject to the jurisdiction of the United States. **(b)** This chapter does not apply to the following: (1) a vessel of war. (2) a recreational vessel when operated only for pleasure. (3) a fishing vessel, unless the vessel is built after July 1, 2013. (4) a fish processing vessel of not more than 5,000 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim) that— (A) (i) was constructed as a fish processing vessel before August 16, 1974; or (ii) was converted for use as a fish processing vessel before January 1, 1983; and (B) is not on a foreign voyage. (5) a fish tender vessel of not more than 500 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 8702 — Certain crew requirements

**(a)** This section applies to a vessel of at least 100 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim) except— (1) a vessel operating only on rivers and lakes (except the Great Lakes); (2) a barge (except a seagoing barge or a barge to which chapter 37 of this title applies); (3) a fishing, fish tender, or whaling vessel (except a fish tender vessel engaged in the Aleutian trade) or a yacht; (4) a sailing school vessel with respect to sailing school instructors and sailing school students; (5) an oceanographic research vessel with respect to scientific personnel; (6) a fish processing vessel entered into service before January 1, 1988, and not more than 1,600 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim) or entered into service after December 31, 1987, and having not more than 16 individuals on board primarily employed in the preparation of fish or fish prod

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