-CITE- 46 USC CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part B - Inspection and Regulation of Vessels CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS -HEAD- CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS -MISC1- Sec. 4501. Application. 4502. Safety standards. 4503. Fishing, fish tender, and fish processing vessel certification. 4504. Prohibited acts. 4505. Termination of unsafe operations. 4506. Exemptions. 4507. Penalties. 4508. Commercial Fishing Safety Advisory Committee. AMENDMENTS 2010 - Pub. L. 111-281, title VI, Sec. 604(c)(4), (e)(2), Oct. 15, 2010, 124 Stat. 2965, 2966, substituted "Fishing, fish tender, and fish processing vessel certification" for "Fish processing vessel certification" in item 4503 and "Commercial Fishing Safety Advisory Committee" for "Commercial Fishing Industry Vessel Safety Advisory Committee" in item 4508. 2002 - Pub. L. 107-295, title III, Sec. 331(b), Nov. 25, 2002, 116 Stat. 2105, inserted "Safety" before "Advisory Committee" in item 4508. 1988 - Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1585, in chapter heading substituted "UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS" for "FISH PROCESSING VESSELS", substituted "Safety standards" for "Regulations" in item 4502, "Fish processing vessel certification" for "Equivalency" in item 4503, "Prohibited acts" for "Penalties" in item 4504, and added items 4505 to 4508. -End- -CITE- 46 USC Sec. 4501 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part B - Inspection and Regulation of Vessels CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS -HEAD- Sec. 4501. Application -STATUTE- (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. -SOURCE- (Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98 Stat. 446; amended Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1585.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-424 amended section generally, in subsec. (a) substituting provisions which related to uninspected fish processing vessel entered into service after Dec. 31, 1987, having more than 16 individuals on board primarily employed in preparation of fish on navigable waters of United States or owned in United States and operating on high seas, for provisions which related to uninspected fishing vessel, fish processing vessel, or fish tender vessel, and in subsec. (b) substituting "carriage of bulk" for "carriage of liquid bulk". FOREIGN BUILT VESSELS, EQUIVALENT COMPLIANCE UNTIL JULY 28, 1990 Pub. L. 100-424, Sec. 7, Sept. 9, 1988, 102 Stat. 1592, provided that: "Until July 28, 1990, a foreign built fish processing vessel subject to chapter 45 of title 46, United States Code, is deemed to comply with the requirements of that chapter if - "(1) it has an unexpired certificate of inspection issued by a foreign country that is a party to an International Convention for Safety of Life at Sea to which the United States Government is a party; and "(2) it is in compliance with the safety requirements of that foreign country that apply to that vessel." -End- -CITE- 46 USC Sec. 4502 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part B - Inspection and Regulation of Vessels CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS -HEAD- Sec. 4502. Safety standards -STATUTE- (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) 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. (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; and (2) shall examine at dockside a vessel described in subsection (b) at least once every 2 years, and shall issue a certificate of compliance to a vessel meeting the requirements of this chapter. (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 a publicly accessible 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 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 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 2010 through 2014 for grants under this subsection. (j)(1) The Secretary 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 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 fiscal years 2010 through 2014 for activities under this subsection. -SOURCE- (Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98 Stat. 447; amended Pub. L. 98-557, Sec. 33(a), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1585; Pub. L. 101-595, title VI, Sec. 602(c), Nov. 16, 1990, 104 Stat. 2990; Pub. L. 104-324, title III, Sec. 307, Oct. 19, 1996, 110 Stat. 3918; Pub. L. 105-383, title III, Sec. 301(b)(5), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 111-281, title VI, Sec. 604(a), Oct. 15, 2010, 124 Stat. 2962.) -MISC1- AMENDMENTS 2010 - Subsec. (a)(6). Pub. L. 111-281, Sec. 604(a)(1)(A), added par. (6) and struck out former par. (6) which read as follows: "a buoyant apparatus, if the vessel is of a type required by regulations prescribed by the Secretary to be equipped with that apparatus;". Subsec. (a)(7), (8). Pub. L. 111-281, Sec. 604(a)(1), redesignated par. (8) as (7) and struck out former par. (7) which read as follows: "alerting and locating equipment, including emergency position indicating radio beacons, on vessels that operate beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured, and which are owned in the United States or beyond 3 nautical miles from the coastline of the Great Lakes; and". Subsec. (b)(1). Pub. L. 111-281, Sec. 604(a)(2)(A), struck out "documented" before "vessels". Subsec. (b)(1)(A). Pub. L. 111-281, Sec. 604(a)(2)(B), substituted "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" for "the Boundary Line". Subsec. (b)(2)(B). Pub. L. 111-281, Sec. 604(a)(2)(C), substituted "a survival craft that ensures that no part of an individual is immersed in water" for "lifeboats or liferafts". Subsec. (b)(2)(D). Pub. L. 111-281, Sec. 604(a)(2)(D), inserted "marine" before "radio communications". Subsec. (b)(2)(E). Pub. L. 111-281, Sec. 604(a)(2)(E), substituted "nautical charts, and publications" for "radar reflectors, nautical charts, and anchors". Subsec. (b)(2)(F). Pub. L. 111-281, Sec. 604(a)(2)(F), substituted "and medical supplies sufficient for the size and area of operation of the vessel" for ", including medicine chests". Subsec. (b)(2)(G). Pub. L. 111-281, Sec. 604(a)(2)(G), amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: "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." Subsec. (f). Pub. L. 111-281, Sec. 604(a)(3), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: "To ensure compliance with the requirements of this chapter, at least once every 2 years the Secretary shall examine - "(1) a fish processing vessel; and "(2) a fish tender vessel engaged in the Aleutian trade." Subsecs. (g) to (j). Pub. L. 111-281, Sec. 604(a)(4), added subsecs. (g) to (j). 1998 - Subsec. (a)(7). Pub. L. 105-383 substituted "beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured, and which are owned in the United States" for "on the high seas". 1996 - Subsec. (a)(7). Pub. L. 104-324 inserted "or beyond 3 nautical miles from the coastline of the Great Lakes" after "high seas". 1990 - Subsec. (b). Pub. L. 101-595, Sec. 602(c)(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "In addition to the requirements of subsection (a) of this section, the Secretary shall prescribe regulations for documented vessels to which this chapter applies that operate beyond the Boundary Line or that operate with more than 16 individuals on board, for the installation, maintenance, and use of - "(1) alerting and locating equipment, including emergency position indicating radio beacons; "(2) lifeboats or liferafts sufficient to accommodate all individuals on board; "(3) 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; "(4) radio communications equipment sufficient to effectively communicate with land-based search and rescue facilities; "(5) navigation equipment, including compasses, radar reflectors, nautical charts, and anchors; "(6) first aid equipment, including medicine chests; and "(7) 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." Subsec. (c). Pub. L. 101-595, Sec. 602(c)(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "In addition to the requirements described in subsections (a) and (b) of this section, the Secretary may prescribe regulations establishing minimum safety standards for vessels to which this chapter applies that were built after December 31, 1988, or that undergo a major conversion completed after that date, and that operate with more than 16 individuals on board, including standards relating to - "(1) navigation equipment, including radars and fathometers; "(2) life saving equipment, immersion suits, signaling devices, bilge pumps, bilge alarms, life rails, and grab rails; "(3) fire protection and firefighting equipment, including fire alarms and portable and semiportable fire extinguishing equipment; "(4) use and installation of insulation material; "(5) storage methods for flammable or combustible material; and "(6) fuel, ventilation, and electrical systems." Subsec. (f). Pub. L. 101-595, Sec. 602(c)(2), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: "The Secretary shall examine a fish processing vessel at least once every two years to ensure that the vessel complies with the requirements of this chapter." 1988 - Pub. L. 100-424 amended section generally, substituting "Safety standards" for "Regulations" in section catchline, adding subsecs. (a) and (b), redesignating former subsec. (a) as (c) and establishing list of standards as minimum safety standards, in addition to requirements of subsecs. (a) and (b), for vessels built after Dec. 31, 1988, or that undergo major conversion completed after that date, that operate with more than 16 individuals on board, adding subsec. (d), redesignating former subsec. (b) as (e) and striking out provisions which required Secretary to consult with representatives of private sector, experienced in operation of these vessels, to ensure practicability of regulations, and adding subsec. (f). 1984 - Subsec. (b)(3). Pub. L. 98-557 substituted "this chapter" for "the exemption". EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101-595, title VI, Sec. 602(f), Nov. 16, 1990, 104 Stat. 2992, provided that: "This section [amending this section and sections 2102, 3302, 5102, 8104, and 8702 of this title, and enacting provisions set out as a note under section 7306 of this title] is effective on the date of enactment of this section [Nov. 16, 1990] except as follows: "(1) The requirements imposed by section 3302(c)(4)(B) and (C) of title 46, United States Code, (as enacted by subsection (b) of this section) is effective 6 months after the date of enactment of this Act. "(2) Before January 1, 1993, section 4502(c) (as amended by subsection (c) of this section) does not apply to a fish tender vessel engaged in the Aleutian trade, if the vessel - "(A)(i) before September 8, 1990, operated in that trade; or "(ii) before September 8, 1990, was purchased to be used in that trade and, before June 1, 1992, entered into service in that trade; and "(B) does not undergo a major conversion. "(3) Before January 1, 2003, a fish tender vessel is exempt from chapter 51 of title 46, United States Code, (as amended by subsection (d) of this section) when engaged in the Aleutian trade, if the vessel - "(A)(i) before September 8, 1990, operated in that trade; or "(ii) before September 8, 1990, was purchased to be used in this trade and, before June 1, 1992, entered into service in that trade; "(B) does not undergo a major conversion; and "(C) did not have a load line assigned at any time before the date of enactment of this Act. "(4) The requirements imposed by section 8702(b)(2) of title 46, United States Code, (as amended by subsection (e)(2)(B) of this section) are effective 1 year after the date of enactment of this Act." STUDIES REGARDING SAFETY OF FISHING VESSELS Pub. L. 100-424, Sec. 5(a), Sept. 9, 1988, 102 Stat. 1591, directed Secretary of Transportation, utilizing National Academy of Engineering and in consultation with National Transportation Safety Board, Commercial Fishing Industry Vessel Advisory Committee, and fishing industry, to conduct a study of safety problems on fishing industry vessels, and to make recommendations regarding whether a vessel inspection program could be implemented for fishing vessels, fish tender vessels, and fish processing vessels, including recommendations on nature and scope of that inspection, and further provided for submission of the study and recommendations to Congress before Jan. 1, 1990. Pub. L. 100-424, Sec. 5(b), Sept. 9, 1988, 102 Stat. 1591, directed Secretary of department in which Coast Guard is operating, in consultation with Commercial Fishing Industry Vessel Advisory Committee established under section 4508 of this title, and with representatives of persons operating fish processing vessels to conduct a study of fish processing vessels that are not surveyed and classed by an organization approved by Secretary, and to make recommendations regarding what hull and machinery requirements could apply to such vessels to ensure that those vessels are operated and maintained in a condition in which they are safe to operate at sea, and further provided for submission of such study and recommendations to Congress before July 28, 1991. -EXEC- TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. -End- -CITE- 46 USC Sec. 4503 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part B - Inspection and Regulation of Vessels CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS -HEAD- Sec. 4503. Fishing, fish tender, and fish processing vessel certification -STATUTE- (a) A vessel to which this section 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) This section 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) This section 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, 2012. (d)(1) After January 1, 2020, a fishing vessel, fish processing vessel, or fish tender vessel to which section 4502(b) of this title applies shall comply with an alternate safety compliance program that is developed in cooperation with the commercial fishing industry and prescribed by the Secretary, if the vessel - (A) is at least 50 feet overall in length; (B) is built before July 1, 2012; and (C) is 25 years of age or older. (2) A fishing vessel, fish processing vessel, or fish tender vessel built before July 1, 2012, that undergoes a substantial change to the dimension of or type of vessel completed after the later of July 1, 2012, or the date the Secretary establishes standards for an alternate safety compliance program, shall comply with such an alternative safety compliance program that is developed in cooperation with the commercial fishing industry and prescribed by the Secretary. (3) Alternative safety compliance programs may be developed for purposes of paragraph (1) for specific regions and fisheries. (4) Notwithstanding paragraph (1), vessels owned by a person that owns more than 30 vessels subject to that paragraph are not required to meet the alternate safety compliance requirements of that paragraph until January 1, 2030, if that owner enters into a compliance agreement with the Secretary that provides for a fixed schedule for all of the vessels owned by that person to meet requirements of that paragraph by that date and the vessel owner is meeting that schedule. (5) A fishing vessel, fish processing vessel, or fish tender vessel to which section 4502(b) of this title applies that was classed before July 1, 2012, shall - (A) remain subject to the requirements of a classification society approved by the Secretary; and (B) have on board a certificate from that society. -SOURCE- (Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98 Stat. 447; amended Pub. L. 98-557, Sec. 33(b), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1587; Pub. L. 111-281, title VI, Sec. 604(e)(1), Oct. 15, 2010, 124 Stat. 2966.) -MISC1- AMENDMENTS 2010 - Pub. L. 111-281, Sec. 604(e)(1)(A), substituted "Fishing, fish tender, and fish processing vessel certification" for "Fish processing vessel certification" in section catchline. Subsec. (a). Pub. L. 111-281, Sec. 604(e)(1)(B), struck out "fish processing" before "vessel to which this section applies" in introductory provisions. Subsecs. (c), (d). Pub. L. 111-281, Sec. 604(e)(1)(C), added subsecs. (c) and (d). 1988 - Pub. L. 100-424 amended section generally, substituting "Fish processing vessel certification" for "Equivalency" in section catchline, and provisions which require certification issued by American Bureau of Shipping or similar organization for fish processing vessel built after July 27, 1990, or undergoes major conversion completed after that date, for provisions which deemed compliance with this chapter if vessel has unexpired certificate of inspection issued by foreign country that is party to International Convention for Safety of Life at Sea to which United States is party. 1984 - Pub. L. 98-557 substituted "is deemed" for "shall be deemed". ALTERNATIVE SAFETY COMPLIANCE PROGRAM Pub. L. 111-281, title VI, Sec. 604(f), Oct. 15, 2010, 124 Stat. 2967, provided that: "No later than January 1, 2017, the Secretary of the department in which the Coast Guard is operating shall prescribe an alternative safety compliance program referred to in section 4503(d)(1) of the title 46, United States Code, as amended by this section." -End- -CITE- 46 USC Sec. 4504 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part B - Inspection and Regulation of Vessels CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS -HEAD- Sec. 4504. Prohibited acts -STATUTE- A person may not operate a vessel in violation of this chapter or a regulation prescribed under this chapter. -SOURCE- (Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98 Stat. 447; amended Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1587.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-424 amended section generally, substituting "Prohibited acts" for "Penalties" in section catchline, and provisions prohibiting operation of vessel in violation of this chapter, for provisions which imposed civil penalty not more than $1,000 for operation of vessel in violation of chapter, and liability in rem for penalty. -End- -CITE- 46 USC Sec. 4505 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part B - Inspection and Regulation of Vessels CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS -HEAD- Sec. 4505. Termination of unsafe operations -STATUTE- 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(1) of this title to return the vessel to a mooring and to remain there until the vessel is in compliance with that section. -SOURCE- (Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1587.) -End- -CITE- 46 USC Sec. 4506 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part B - Inspection and Regulation of Vessels CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS -HEAD- Sec. 4506. Exemptions -STATUTE- (a) (!1) 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. -SOURCE- (Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1587; amended Pub. L. 102-587, title V, Sec. 5222, Nov. 4, 1992, 106 Stat. 5081; Pub. L. 105-383, title III, Sec. 301(b)(6), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 111-281, title VI, Sec. 604(b), Oct. 15, 2010, 124 Stat. 2964.) -MISC1- AMENDMENTS 2010 - Subsec. (b). Pub. L. 111-281 struck out subsec. (b) which read as follows: "A vessel to which this chapter applies is exempt from section 4502(b)(2)(B) of this title if it - "(1) is less than 36 feet in length; and "(2) is operating - "(A) in internal waters of the United States; or "(B) within 3 nautical miles from the baselines from which the territorial sea of the United States is measured." 1998 - Subsec. (b)(2). Pub. L. 105-383 added par. (2) and struck out former par. (2) which read as follows: "is not operating on the high seas." 1992 - Subsec. (b). Pub. L. 102-587 substituted "4502(b)(2)(B)" for "4502(b)(2)". -EXEC- TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. -FOOTNOTE- (!1) So in original. There is no subsec. (b). -End- -CITE- 46 USC Sec. 4507 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part B - Inspection and Regulation of Vessels CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS -HEAD- Sec. 4507. Penalties -STATUTE- (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. -SOURCE- (Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1588.) -End- -CITE- 46 USC Sec. 4508 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part B - Inspection and Regulation of Vessels CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS -HEAD- Sec. 4508. Commercial Fishing Safety Advisory Committee -STATUTE- (a) The Secretary shall establish a Commercial Fishing Safety Advisory Committee. The Committee - (1) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to the safe operation of vessels to which this chapter applies, including navigation safety, safety equipment and procedures, marine insurance, vessel design, construction, maintenance and operation, and personnel qualifications and training; (2) may review proposed regulations under this chapter; (3) may make available to Congress any information, advice, and recommendations that the Committee is authorized to give to the Secretary; and (4) shall meet at the call of the Secretary, who shall call such a meeting at least once during each calendar year. (b)(1) The Committee shall consist of eighteen members with particular expertise, knowledge, and experience regarding the commercial fishing industry as follows: (A) ten members who shall represent the commercial fishing industry and who - (i) reflect a regional and representational balance; and (ii) have experience in the operation of vessels to which this chapter applies or as a crew member or processing line worker on a fish processing vessel; (B) three members who shall represent the general public, including, whenever possible - (i) an independent expert or consultant in maritime safety; (ii) a marine surveyor who provides services to vessels to which this chapter applies; and (iii) a person familiar with issues affecting fishing communities and families of fishermen; (C) one member each of whom shall represent - (i) naval architects and marine engineers; (ii) manufacturers of equipment for vessels to which this chapter applies; (iii) education or training professionals related to fishing vessel, fish processing vessel, or fish tender vessel safety or personnel qualifications; (iv) underwriters that insure vessels to which this chapter applies; and (v) owners of vessels to which this chapter applies. (2) At least once each year, the Secretary shall publish a notice in the Federal Register and in newspapers of general circulation in coastal areas soliciting nominations for membership on the Committee, and, after timely notice is published, appoint the members of the Committee. An individual may be appointed to a term as a member of the Committee more than once. The Secretary may not seek or use information concerning the political affiliation of individuals in making appointments to the Committee. (3)(A) A member of the Committee shall serve a term of three years. (B) If a vacancy occurs in the membership of the Committee, the Secretary shall appoint a member to fill the remainder of the vacated term. (4) The Committee shall elect one of its members as the Chairman and one of its members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. (5) The Secretary shall, and any other interested agency may, designate a representative to participate as an observer with the Committee. These representatives shall, as appropriate, report to and advise the Committee on matters relating to vessels to which this chapter applies which are under the jurisdiction of their respective agencies. The Secretary's designated representative shall act as executive secretary for the Committee and perform the duties set forth in section 10(c) of the Federal Advisory Committee Act (5 App. U.S.C.). (c)(1) The Secretary shall, whenever practicable, consult with the Committee before taking any significant action relating to the safe operation of vessels to which this chapter applies. (2) The Secretary shall consider the information, advice, and recommendations of the Committee in consulting with other agencies and the public or in formulating policy regarding the safe operation of vessels to which this chapter applies. (d)(1) A member of the Committee who is not an officer or employee of the United States or a member of the Armed Forces, when attending meetings of the Committee or when otherwise engaged in the business of the Committee, is entitled to receive - (A) compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of the current rate of basic pay in effect for GS-18 of the General Schedule under section 5332 of title 5 including travel time; and (B) travel or transportation expenses under section 5703 of title 5. (2) Payments under this section do not render a member of the Committee an officer or employee of the United States or a member of the Armed Forces for any purpose. (3) A member of the Committee who is an officer or employee of the United States or a member of the Armed Forces may not receive additional pay based on the member's service to the Committee. (4) The provisions of this section relating to an officer or employee of the United States or a member of the Armed Forces do not apply to a member of a reserve component of the Armed Forces unless that member is in an active status. (e)(1) The Federal Advisory Committee Act (5 App. U.S.C.) applies to the Committee, except that the Committee terminates on September 30, 2020. (2) Two years prior to the termination date referred to in paragraph (1) of this subsection, the Committee shall submit to Congress its recommendation regarding whether the Committee should be renewed and continued beyond the termination date. -SOURCE- (Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1588; amended Pub. L. 101-225, title I, Sec. 106, Dec. 12, 1989, 103 Stat. 1910; Pub. L. 102-241, Sec. 25, Dec. 19, 1991, 105 Stat. 2217; Pub. L. 104-324, title III, Sec. 304(b), Oct. 19, 1996, 110 Stat. 3917; Pub. L. 107-295, title III, Sec. 331(a), Nov. 25, 2002, 116 Stat. 2105; Pub. L. 108-293, title IV, Sec. 418(a), Aug. 9, 2004, 118 Stat. 1049; Pub. L. 109-241, title IX, Sec. 901(g), July 11, 2006, 120 Stat. 564; Pub. L. 111-281, title VI, Sec. 604(c)(1)- (3), Oct. 15, 2010, 124 Stat. 2964, 2965.) -REFTEXT- REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsecs. (b)(5) and (e)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 2010 - Pub. L. 111-281, Sec. 604(c)(1)(A), substituted "Commercial Fishing Safety Advisory Committee" for "Commercial Fishing Industry Vessel Safety Advisory Committee" in section catchline. Subsec. (a). Pub. L. 111-281, Sec. 604(c)(1)(B), struck out "Industry Vessel" after "Commercial Fishing" in introductory provisions. Subsec. (b)(1). Pub. L. 111-281, Sec. 604(c)(2)(A), substituted "eighteen" for "seventeen" in introductory provisions. Subsec. (b)(1)(A). Pub. L. 111-281, Sec. 604(c)(2)(B)(i), substituted "who shall represent the commercial fishing industry and who - " for "from the commercial fishing industry who - " in introductory provisions. Subsec. (b)(1)(A)(ii). Pub. L. 111-281, Sec. 604(c)(2)(B)(ii), substituted "a fish processing" for "an uninspected fish processing". Subsec. (b)(1)(B). Pub. L. 111-281, Sec. 604(c)(2)(C), added subpar. (B) and struck out former subpar. (B) which read as follows: "three members from the general public, including, whenever possible, an independent expert or consultant in maritime safety and a member of a national organization composed of persons representing owners of vessels to which this chapter applies and persons representing the marine insurance industry;". Subsec. (b)(1)(C). Pub. L. 111-281, Sec. 604(c)(2)(D)(i), substituted "each of whom shall represent - " for "representing each of - " in introductory provisions. Subsec. (b)(1)(C)(i). Pub. L. 111-281, Sec. 604(c)(2)(D)(ii), substituted "and marine engineers;" for "or marine surveyors;". Subsec. (b)(1)(C)(v). Pub. L. 111-281, Sec. 604(c)(2)(D)(iii)- (v), added cl. (v). Subsec. (e)(1). Pub. L. 111-281, Sec. 604(c)(3), substituted "September 30, 2020" for "September 30, 2010". 2006 - Subsec. (e)(1). Pub. L. 109-241 amended directory language of Pub. L. 108-293, Sec. 418(a). See 2004 Amendment note below. 2004 - Subsec. (e)(1). Pub. L. 108-293, Sec. 418(a), as amended by Pub. L. 109-241, substituted "on September 30, 2010" for "on September 30, 2005". 2002 - Pub. L. 107-295, Sec. 331(a)(1), inserted "Safety" after "Vessel" in section catchline. Subsec. (a). Pub. L. 107-295, Sec. 331(a)(2), inserted "Safety" after "Vessel" in introductory provisions. Subsec. (e)(1). Pub. L. 107-295, Sec. 331(a)(4), substituted "on September 30, 2005" for "on September 30, 2000". Pub. L. 107-295, Sec. 331(a)(3), which directed the substitution of "(5 App. U.S.C.)" for "(5 App. U.S.C. 1 et seq.)", was executed by making substitution for "(5 U.S.C. App. 1 et seq.)", to reflect the probable intent of Congress. 1996 - Subsec. (e)(1). Pub. L. 104-324 substituted "2000" for "1994". 1991 - Subsec. (e)(1). Pub. L. 102-241 substituted "1994" for "1992". 1989 - Subsec. (b)(2). Pub. L. 101-225 inserted provision that Secretary not seek or use information concerning political affiliation in making appointments. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-241, title IX, Sec. 901(g), July 11, 2006, 120 Stat. 564, provided that the amendment made by section 901(g) is effective Aug. 9, 2004. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. INITIAL APPOINTMENTS TO COMMERCIAL FISHING INDUSTRY ADVISORY COMMITTEE Pub. L. 100-424, Sec. 2(b), Sept. 9, 1988, 102 Stat. 1589, provided that: "(1) Terms of initial appointments. - Of the members first appointed to the Commercial Fishing Industry Advisory Committee under section 4508 of title 46, United States Code (as amended by this Act) - "(A) one-third of the members shall serve a term of one year and one-third of the members shall serve a term of two years, to be determined by lot at the first meeting of the Committee; and "(B) terms may be adjusted to coincide with the Government's fiscal year. "(2) Completion of initial appointments. - The Secretary shall complete appointment of members pursuant to this subsection not later than 90 days after the date of the enactment of this Act [Sept. 9, 1988]." -End-