Editorial Notes

Amendments

2018—Subsec. (b)(2)(B). Pub. L. 115–282, §504(1), substituted "subject to paragraph (3), a survival craft" for "a survival craft".

Subsec. (b)(3). Pub. L. 115–282, §504(2), added par. (3).

Subsec. (f)(2), (3). Pub. L. 115–282, §505, added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:

"(2) shall examine at dockside a vessel described in subsection (b) at least once every 5 years, and shall issue a certificate of compliance to a vessel meeting the requirements of this chapter; and

"(3) shall complete the first dockside examination of a vessel under this subsection not later than October 15, 2015."

Subsec. (i)(1). Pub. L. 115–282, §506(1), substituted "Secretary of Health and Human Services" for "Secretary" in introductory provisions.

Subsec. (i)(2). Pub. L. 115–282, §506(1), (2), substituted "Secretary of Health and Human Services" for "Secretary" and inserted ", in consultation with and based on criteria established by the Commandant of the Coast Guard" before "shall award".

Subsec. (i)(3). Pub. L. 115–282, §506(3), substituted "50" for "75".

Subsec. (i)(4). Pub. L. 115–282, §506(4), substituted "$3,000,000 for each of fiscal years 2018 through 2019" for "$3,000,000 for each of fiscal years 2015 through 2017".

Subsec. (j)(1). Pub. L. 115–282, §506(1), substituted "Secretary of Health and Human Services" for "Secretary".

Subsec. (j)(2). Pub. L. 115–282, §506(1), (5), substituted "Secretary of Health and Human Services" for "Secretary" and inserted ", in consultation with and based on criteria established by the Commandant of the Coast Guard," before "shall award".

Subsec. (j)(3). Pub. L. 115–282, §506(6), substituted "50" for "75".

Subsec. (j)(4). Pub. L. 115–282, §506(7), substituted "$3,000,000 for each of fiscal years 2018 through 2019" for "$3,000,000 for each fiscal years 2015 through 2017".

Subsec. (k). Pub. L. 115–282, §504(3), added subsec. (k).

2014—Subsec. (i)(4). Pub. L. 113–281, §309(a), substituted "2015 through 2017" for "2010 through 2014".

Subsec. (j)(4). Pub. L. 113–281, §309(b), substituted "2015 through 2017" for "2010 through 2014".

2012—Subsec. (f)(2). Pub. L. 112–213, §305(a)(2)(A), substituted "at least once every 5 years" for "at least once every 2 years".

Subsec. (f)(3). Pub. L. 112–213, §305(a)(1), (2)(B), (3), added par. (3).

Subsec. (g)(4). Pub. L. 112–213, §305(b), substituted "an electronic" for "a publicly accessible electronic".

2010—Subsec. (a)(6). Pub. L. 111–281, §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, §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, §604(a)(2)(A), struck out "documented" before "vessels".

Subsec. (b)(1)(A). Pub. L. 111–281, §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, §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, §604(a)(2)(D), inserted "marine" before "radio communications".

Subsec. (b)(2)(E). Pub. L. 111–281, §604(a)(2)(E), substituted "nautical charts, and publications" for "radar reflectors, nautical charts, and anchors".

Subsec. (b)(2)(F). Pub. L. 111–281, §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, §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, §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, §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, §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, §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, §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".

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Pub. L. 101–595, title VI, §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."

Commercial Fishing Vessel Safety National Communications Plan

Pub. L. 115–282, title VIII, §830, Dec. 4, 2018, 132 Stat. 4315, provided that:

"(a) Requirement for Plan.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2018], the Secretary of the department in which the Coast Guard is operating shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a national communications plan for the purposes of—

"(1) disseminating information to the commercial fishing vessel industry;

"(2) conducting outreach with the commercial fishing vessel industry;

"(3) facilitating interaction with the commercial fishing vessel industry; and

"(4) releasing information collected under section 15102 of title 46, United States Code, as added by this Act, to the commercial fishing vessel industry.

"(b) Content.—The plan required by subsection (a), and each annual update, shall—

"(1) identify staff, resources, and systems available to the Secretary to ensure the widest dissemination of information to the commercial fishing vessel industry;

"(2) include a means to document all communication and outreach conducted with the commercial fishing vessel industry; and

"(3) include a mechanism to measure effectiveness of such plan.

"(c) Implementation.—Not later than one year after submission of the initial plan, the Secretary of the department in which the Coast Guard is operating shall implement the plan and shall at a minimum—

"(1) leverage Coast Guard staff, resources, and systems available;

"(2) monitor implementation nationwide to ensure adherence to plan contents;

"(3) allow each Captain of the Port to adopt the most effective strategy and means to communicate with [the] commercial fishing vessel industry in that Captain of the Port Zone;

"(4) document communication and outreach; and

"(5) solicit feedback from the commercial fishing vessel industry.

"(d) Report and Updates.—The Secretary of the department in which the Coast Guard is operating shall—

"(1) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the effectiveness of the plan to date and any updates to ensure maximum impact of the plan one year after the date of enactment of this Act [Dec. 4, 2018], and every 4 years thereafter; and

"(2) include in such report input from individual Captains of the Port and any feedback received from the commercial fishing vessel industry."

Studies Regarding Safety of Fishing Vessels

Pub. L. 100–424, §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, §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 former 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.

Executive Documents

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.