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inspected 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, § 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.’’

§ 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) a survival craft that ensures that no part
of an individual is immersed in water suffi-

§ 4502

cient 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

§ 4502

TITLE 46—SHIPPING

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 handson 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

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(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 nonprofit 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.
(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.)
AMENDMENTS
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

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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 process-

§ 4502

ing 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, § 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, § 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
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

§ 4503

TITLE 46—SHIPPING

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.
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.

§ 4503. Fishing, fish tender, and fish processing
vessel certification
(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

Page 88

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.
(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.)
AMENDMENTS
2010—Pub. L. 111–281, § 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, § 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, § 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, § 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.’’

§ 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.)
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.

§ 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, in-