120 STAT. 1592
PUBLIC LAW 109–304—OCT. 6, 2006 ‘‘(3) JOINT REGULATIONS.—The term ‘joint regulations’ means regulations prescribed jointly by the Secretary and the Secretary of the Treasury under section 53502(b) of this title. ‘‘(4) NONCONTIGUOUS TRADE.—The term ‘noncontiguous trade’ means— ‘‘(A) trade between— ‘‘(i) one of the contiguous 48 States; and ‘‘(ii) Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States; and ‘‘(B) trade between— ‘‘(i) a place in Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States; and ‘‘(ii) another place in Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States. ‘‘(5) QUALIFIED VESSEL.—The term ‘qualified vessel’ means— ‘‘(A) a vessel— ‘‘(i) constructed in the United States (and, if reconstructed, reconstructed in the United States), constructed outside the United States but documented under the laws of the United States on April 15, 1970, or constructed outside the United States for use in the United States foreign trade pursuant to a contract made before April 15, 1970; ‘‘(ii) documented under the laws of the United States; and ‘‘(iii) agreed, between the Secretary and the person maintaining the capital construction fund established under section 53503 of this title, to be operated in the United States foreign, Great Lakes, or noncontiguous domestic trade or in the fisheries of the United States; and ‘‘(B) a commercial fishing vessel— ‘‘(i) constructed in the United States and, if reconstructed, reconstructed in the United States; ‘‘(ii) of at least 2 net tons but less than 5 net tons; ‘‘(iii) owned by a citizen of the United States; ‘‘(iv) having its home port in the United States; and ‘‘(v) operated in the commercial fisheries of the United States. ‘‘(6) SECRETARY.—The term ‘Secretary’ means— ‘‘(A) the Secretary of Commerce with respect to an eligible vessel or a qualified vessel operated or to be operated in the fisheries of the United States; and ‘‘(B) the Secretary of Transportation with respect to other vessels. ‘‘(7) UNITED STATES FOREIGN TRADE.—The term ‘United States foreign trade’ includes those areas in domestic trade in which a vessel built with a construction-differential subsidy is allowed to operate under the first sentence of section 506 of the Merchant Marine Act, 1936. ‘‘(8) VESSEL.—The term ‘vessel’ includes—
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