OT-RR:BSTC:CCI H091496 GOB
Michael McLenaghan
27 W. Anapamu Street, # 359
Santa Barbara, CA 93101
RE: Fisheries; Light Boat; 46 U.S.C. 108, 12113
Dear Mr. McLenaghan:
This is in response to your correspondence of January 19, 2010 concerning the activity of your vessel. Our ruling is set forth below.
FACTS:
You own a vessel (the “light boat”) which is licensed by the State of California Department of Fish and Game as a “California Market Squid Light Boat.” You operate the vessel in the following manner. The light boat locates squid, drops its anchor, and turns on its lights to attract the squid. Once the light boat has attracted a sufficient amount of squid, a purse seine vessel (“purse seiner”) sets its purse seine or netting around the light boat and the light boat picks up its anchor. After the netting has been manipulated to close the escape route of the squid, the light boat leaves the area. The purse seiner subsequently delivers the squid to market and pays you a commission for your services. The purse seiner is documented with a fisheries endorsement. The light boat does not take any fish on the vessel, nor does it land any fish. It does not assist in the manipulation of the netting.
ISSUE:
Whether the activity of the light boat constitutes an engagement in the fisheries within the meaning of 46 U.S.C. 108 such that it is required to have a fishery endorsement?
LAW AND ANALYSIS:
Title 46, United States Code, § 108 provides:
In this title, the term “fisheries” includes processing, storing, transporting (except in foreign commerce), planting, cultivating, catching, taking, or harvesting fish, shellfish, marine animals, pearls, shells, or marine vegetation in the navigable waters of the United States or in the exclusive economic zone.
Title 46, United States Code, § 107 provides:
In this title, the term “exclusive economic zone” means the zone established by Presidential Proclamation 5030 of March 10, 1983 (16 U.S.C. 1453 note).
The “exclusive economic zone” is defined in Presidential Proclamation 5030 as extending outward for 200 nautical miles from the baseline from which the territorial sea is measured.
Title 46, United States Code, § 12113(b)(1) provides that “[s]ubject to the laws of the United States regulating the fisheries, a vessel for which a fishery endorsement is issued may engage in the fisheries.”
Accordingly, a vessel which engages in the fisheries, as defined in 46 U.S.C. § 108, is required to have a fishery endorsement.
Based on the facts presented, we find that the light boat is not engaged in the fisheries because it is not involved in any of the activities enumerated in 46 U.S.C. § 108. We therefore conclude that the light boat does not require a fishery endorsement.
HOLDING:
The light boat is not engaged in the fisheries because it is not involved in any of the activities enumerated in 46 U.S.C. § 108. Therefore, the light boat does not require a fishery endorsement.
Sincerely,
Glen E. Vereb
Chief
Cargo Security, Carriers, and Immigration Branch