Collapse to view only § 4505. Termination of unsafe operations
- § 4501. Application
- § 4502. Safety standards
- § 4503. Fishing, fish tender, and fish processing vessel certification
- [§ 4503a. Repealed.
- § 4504. Prohibited acts
- § 4505. Termination of unsafe operations
- § 4506. Exemptions
- § 4507. Penalties
- [§ 4508. Repealed.
§ 4501. Application
(a) This chapter applies to an uninspected vessel which is a fishing vessel, fish processing vessel, or fish tender vessel.
(b) This chapter does not apply to the carriage of bulk dangerous cargoes regulated under chapter 37 of this title.
(Added Pub. L. 98–364, title IV, § 402(7)(C), July 17, 1984, 98 Stat. 446; amended Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1585.)
§ 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.
(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;
(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
(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 1
1 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 fiscal year 2023 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 fiscal year 2023 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.
(Added Pub. L. 98–364, title IV, § 402(7)(C), July 17, 1984, 98 Stat. 447; amended Pub. L. 98–557, § 33(a), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1585; Pub. L. 101–595, title VI, § 602(c), Nov. 16, 1990, 104 Stat. 2990; Pub. L. 104–324, title III, § 307, Oct. 19, 1996, 110 Stat. 3918; Pub. L. 105–383, title III, § 301(b)(5), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 111–281, title VI, § 604(a), Oct. 15, 2010, 124 Stat. 2962; Pub. L. 112–213, title III, § 305(a), (b), Dec. 20, 2012, 126 Stat. 1564; Pub. L. 113–281, title III, § 309, Dec. 18, 2014, 128 Stat. 3045; Pub. L. 115–282, title V, §§ 504–506, Dec. 4, 2018, 132 Stat. 4271; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8321(a), (b), Jan. 1, 2021, 134 Stat. 4701; Pub. L. 117–263, div. K, title CXIII, § 11328(a), title CXV, § 11509(a)(1), Dec. 23, 2022, 136 Stat. 4098, 4137.)
§ 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 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 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 or marine engineer, and the design incorporates standards equivalent to those prescribed by a classification society to which the Secretary has delegated authority under section 3316 or another qualified organization approved by the Secretary for purposes of this paragraph.
(2) Construction of the vessel is overseen and certified as being in accordance with its design by a marine surveyor of an organization accepted by the Secretary.
(3) The vessel—
(A) completes a stability test performed by a qualified individual;
(B) has written stability and loading instructions from a qualified individual that are provided to the owner or operator; and
(C) has an assigned loading mark.
(4) The vessel is not substantially altered without the review and approval of an individual licensed by a State as a naval architect or marine engineer before the beginning of such substantial alteration.
(5) The vessel undergoes a condition survey at least twice in 5 years, not to exceed 3 years between surveys, to the satisfaction of a marine surveyor of an organization accepted by the Secretary.
(6) The vessel undergoes an out-of-water survey at least once every 5 years to the satisfaction of a certified marine surveyor of an organization accepted by the Secretary.
(7) Once every 5 years and at the time of a substantial alteration to such vessel, compliance of the vessel with the requirements of paragraph (3) is reviewed and updated as necessary.
(8) For the life of the vessel, the owner of the vessel maintains records to demonstrate compliance with this subsection and makes such records readily available for inspection by an official authorized to enforce this chapter.
(e)
(1) Not later than 10 years after the date of the enactment of the Coast Guard Authorization Act of 2016, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that provides an analysis of the adequacy of the requirements under subsection (d) in maintaining the safety of the fishing vessels and fish tender vessels which are described in subsection (c)(2) and which comply with the requirements of subsection (d).
(2) If the report required under this subsection includes a determination that the safety requirements under subsection (d) are not adequate or that additional safety measures are necessary, then the Secretary may establish an alternative safety compliance program for fishing vessels or fish tender vessels (or both) which are described in subsection (c)(2) and which comply with the requirements of subsection (d).
(3) The alternative safety compliance program established under this subsection shall include requirements for—
(A) vessel construction;
(B) a vessel stability test;
(C) vessel stability and loading instructions;
(D) an assigned vessel loading mark;
(E) a vessel condition survey at least twice in 5 years, not to exceed 3 years between surveys;
(F) an out-of-water vessel survey at least once every 5 years;
(G) maintenance of records to demonstrate compliance with the program, and the availability of such records for inspection; and
(H) such other aspects of vessel safety as the Secretary considers appropriate.
(f)
(1) For purposes of this section and section 4503a, the term “built” means, with respect to a vessel, that the vessel’s construction has reached any of the following stages:
(A) The vessel’s keel is laid.
(B) Construction identifiable with the vessel has begun and assembly of that vessel has commenced comprising of at least 50 metric tons or one percent of the estimated mass of all structural material, whichever is less.
(2) In the case of a vessel greater than 79 feet overall in length, for purposes of paragraph (1)(A) a keel is deemed to be laid when a marine surveyor affirms that a structure adequate for serving as a keel for such vessel is in place and identified for use in the construction of such vessel.
(Added Pub. L. 98–364, title IV, § 402(7)(C), July 17, 1984, 98 Stat. 447; amended Pub. L. 98–557, § 33(b), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1587; Pub. L. 111–281, title VI, § 604(e)(1), Oct. 15, 2010, 124 Stat. 2966; Pub. L. 112–213, title III, § 305(c), Dec. 20, 2012, 126 Stat. 1564; Pub. L. 114–120, title III, § 318(a), Feb. 8, 2016, 130 Stat. 63; Pub. L. 114–328, div. C, title XXXV, § 3503(a), (b)(2), Dec. 23, 2016, 130 Stat. 2775; Pub. L. 115–282, title V, §§ 507, 508(a), (b), Dec. 4, 2018, 132 Stat. 4272; Pub. L. 117–263, div. K, title CXV, § 11509(a)(2), Dec. 23, 2022, 136 Stat. 4137.)
[§ 4503a. Repealed. Pub. L. 117–263, div. K, title CXV, § 11509(a)(3), Dec. 23, 2022, 136 Stat. 4137]
§ 4504. Prohibited acts
A person may not operate a vessel in violation of this chapter or a regulation prescribed under this chapter.
(Added Pub. L. 98–364, title IV, § 402(7)(C), July 17, 1984, 98 Stat. 447; amended Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1587.)
§ 4505. Termination of unsafe operations
An official authorized to enforce this chapter—
(1) may direct the individual in charge of a vessel to which this chapter applies to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the official observes the vessel being operated in an unsafe condition that the official believes creates an especially hazardous condition, including ordering the individual in charge to return the vessel to a mooring and to remain there until the situation creating the hazard is corrected or ended; and
(2) may order the individual in charge of an uninspected fish processing vessel that does not have on board the certificate required under section 4503(a)(2) of this title to return the vessel to a mooring and to remain there until the vessel is in compliance with that section, except that this paragraph shall not apply with respect to a vessel to which section 4503a 1
1 See References in Text note below.
applies.(Added Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1587; amended Pub. L. 115–282, title V, § 509, Dec. 4, 2018, 132 Stat. 4274.)
§ 4506. Exemptions
The Secretary may exempt a vessel from any part of this chapter if, under regulations prescribed by the Secretary (including regulations on special operating conditions), the Secretary finds that—
(1) good cause exists for granting an exemption; and
(2) the safety of the vessel and those on board will not be adversely affected.
(Added Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1587; amended Pub. L. 102–587, title V, § 5222, Nov. 4, 1992, 106 Stat. 5081; Pub. L. 105–383, title III, § 301(b)(6), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 111–281, title VI, § 604(b), Oct. 15, 2010, 124 Stat. 2964; Pub. L. 114–120, title III, § 306(a)(5), Feb. 8, 2016, 130 Stat. 54.)
§ 4507. Penalties
(a) The owner, charterer, managing operator, agent, master, and individual in charge of a vessel to which this chapter applies which is operated in violation of this chapter or a regulation prescribed under this chapter may each be assessed a civil penalty by the Secretary of not more than $5,000. Any vessel with respect to which a penalty is assessed under this subsection is liable in rem for the penalty.
(b) A person willfully violating this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both.
(Added Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1588.)
[§ 4508. Repealed. Pub. L. 115–282, title VI, § 601(c)(1), Dec. 4, 2018, 132 Stat. 4289]