46 U.S.C. App. 883; 46 U.S.C. 12101(a)(1); Coastwise Trade; Fisheries

HQ 116576 November 21, 2005 VES- 7 RR:IT:EC 116576 GOB CATEGORY: Carriers Robin Samuelson, Jr. President and CEO Bristol Bay Economic Development Corporation P.O. Box 1464 Dillingham, Alaska 99576 RE: 46 U.S.C. App. 883; 46 U.S.C. 12101(a)(1); Coastwise Trade; Fisheries Dear Mr. Samuelson: This letter is in response to your letter of October 21, 2005, on behalf of the Bristol Bay Economic Development Corporation (“BBEDC”) with respect to the proposed manufacture and delivery of ice by the F/V Lady Jessie. Our ruling follows. FACTS: In your letter, you state in pertinent part as follows: BBEDC is interested in using a crab vessel that participated in the recent voluntary NMFS crab license buyback program to make and deliver ice to Bristol Bay gillnetters during the salmon fishery. No salmon will be handled by the vessel. The vessel name is F/V Lady Jessie, official number 643789. BBEDC has entered an option for the use and possible purchase of the vessel. It is currently owned by Seventh Son, Inc. It was built [in] 1981 by Giddings Boat Works, Coos Bay, Oregon. It has a single engine, 520 horsepower, and has a registered length of 83.5 feet. ISSUE: Whether the subject activity described above constitutes an engagement in the fisheries within the meaning of 46 U.S.C. 12101(a)? LAW AND ANALYSIS: Title 46, United States Code, § 12101(a)(1) (46 U.S.C. 12101(a)(1)) provides: In this chapter- “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. We find that the proposed activity of making and delivering ice in not an engagement in the fisheries within the meaning of 46 U.S.C. 12101(a). HOLDING: The proposed activity (i.e., the making and delivery of ice) is not an engagement in the fisheries within the meaning of 46 U.S.C. 12101(a). Sincerely, Glen E. Vereb Chief, Cargo Security, Carriers and Immigration Branch