1625-0001 Stat/Authority

Page 565

§ 6301

TITLE 46—SHIPPING

Committee on Natural Resources] of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a plan to increase reporting of vessel accidents to appropriate State law enforcement officials.”

§ 6103. Penalty
(a) An owner, charterer, managing operator, agent,
master, or individual in charge of a vessel failing
to report a casualty as required under section
6101 of this title or a regulation prescribed under
section 6101 or 6102 is liable to the United States
Government for a civil penalty of not more than
$25,000.
(b) A person failing to comply with section 6104
of this title or a regulation prescribed under that
section is liable to the Government for a civil
penalty of not more than $5,000.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 536; Pub. L.
98–498, title II, § 212(b)(2), Oct. 19, 1984, 98 Stat.
2306; Pub. L. 100–424, § 4(b), Sept. 9, 1988, 102 Stat.
1590; Pub. L. 104–324, title III, §§ 306(a), 314(b), Oct.
19, 1996, 110 Stat. 3918, 3922.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

6103 ..................................... 33:361
33:362

Section 6103 provides for a civil penalty of $1,000 for
any owner, charterer, managing operator, agent, master,
or individual in charge of a vessel that fails to report a
casualty required to be reported under subsection (b) of
section 6101 or an incident required to be reported under
subsection (c) of section 6101.
Amendments
1996—Subsec. (a). Pub. L. 104–324 inserted “or 6102” before “is liable” and substituted “not more than $25,000”
for “$1,000”.
1988—Pub. L. 100–424 designated existing provisions as
subsec. (a) and added subsec. (b).
1984—Pub. L. 98–498 struck out “or incident” after “a
casualty”.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–498 effective 180 days after
Oct. 19, 1984, see section 214 of Pub. L. 98–498, set out as
an Effective Date note under section 2306 of this title.

§ 6104. Commercial fishing industry vessel casualty statistics
(a) The Secretary shall compile statistics concerning marine casualties from data compiled from
insurers of fishing vessels, fish processing vessels, and fish tender vessels.
(b) A person underwriting primary insurance for
a fishing vessel, fish processing vessel, or fish tender vessel shall submit periodically to the Secretary data concerning marine casualties that is required by regulations prescribed by the Secretary.
(c) After consulting with the insurance industry, the Secretary shall prescribe regulations under this section to gather a statistical base for
analyzing vessel risks.
(d) The Secretary may delegate to a qualified
person that has knowledge and experience in the
collection of statistical insurance data the authority of the Secretary under this section to compile
statistics from insurers.
(Added Pub. L. 100–424, § 4(a), Sept. 9, 1988, 102
Stat. 1590.)

CHAPTER 63—INVESTIGATING MARINE
CASUALTIES
Sec.

6301.
6302.
6303.
6304.
6305.
6306.
6307.
6308.
6309.

Investigation of marine casualties.
Public investigations.
Rights of parties in interest.
Subpena authority.
Reports of investigations.
Penalty.
Notifications to Congress.
Information barred in legal proceedings.
Voyage data recorder access.
Historical and Revision Notes

Chapter 63 sets forth the scope and procedures for the
investigation of marine casualties and incidents that are
required to be reported by Chapter 61, as well as the
rights of parties involved in a casualty.
Amendments
2018—Pub. L. 115–265, title II, § 207(b), Oct. 11, 2018, 132
Stat. 3747, added item 6309.
1996—Pub. L. 104–324, title III, § 313(b), Oct. 19, 1996, 110
Stat. 3922, added item 6308.

§ 6301. Investigation of marine casualties
The Secretary shall prescribe regulations for
the immediate investigation of marine casualties
under this part to decide, as closely as possible—
(1) the cause of the casualty, including the
cause of any death;
(2) whether an act of misconduct, incompetence, negligence, unskillfulness, or willful violation of law committed by any individual licensed, certificated, or documented under part
E of this subtitle has contributed to the cause
of the casualty, or to a death involved in the
casualty, so that appropriate remedial action
under chapter 77 of this title may be taken;
(3) whether an act of misconduct, incompetence, negligence, unskillfulness, or willful violation of law committed by any person, including an officer, employee, or member of the Coast
Guard, contributed to the cause of the casualty,
or to a death involved in the casualty;
(4) whether there is evidence that an act subjecting the offender to a civil penalty under the
laws of the United States has been committed,
so that appropriate action may be undertaken
to collect the penalty;
(5) whether there is evidence that a criminal
act under the laws of the United States has
been committed, so that the matter may be referred to appropriate authorities for prosecution;
and
(6) whether there is need for new laws or regulations, or amendment or repeal of existing laws
or regulations, to prevent the recurrence of the
casualty.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 537.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

6301 ..................................... 46:239

Section 6301 requires the Secretary to prescribe regulations for the immediate investigation of marine casualties in order to determine, as closely as possible, the
cause of the casualty; whether the actions of individuals
licensed, certificated, or documented have contributed
to the cause of the casualty, whether the action of an
individual in the Coast Guard contributed to the cause

§ 6302

TITLE 46—SHIPPING

of the casualty, whether there is evidence that an act
subjecting the offender to civil or criminal penalty has
been committed, and whether there is a need for new
laws or to amend or repeal existing laws or regulations
in order to prevent a recurrence of the casualty.
Construction
Pub. L. 98–89, § 2(h), Aug. 26, 1983, 97 Stat. 599, provided
that: “Chapter 63 of title 46 (as enacted by section 1 of
this Act) does not supersede section 304(a)(1)(E) of the
Independent Safety Board Act of 1974 (49 App. U.S.C.
1903(a)(1)(E)) [see 49 U.S.C. 1131(a)(1)(E), (b)].”
Transfer of Functions
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities and
functions of the Secretary of Transportation relating
thereto, to the Department of Homeland Security, and
for treatment of related references, see sections 468(b),
551(d), 552(d), and 557 of Title 6, Domestic Security, and
the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.

§ 6302. Public investigations
Each investigation conducted under this chapter and regulations prescribed under this chapter
shall be open to the public, except when evidence
affecting the national security is to be received.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 537.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

6302 ..................................... ..............................................

Section 6302 provides that each investigation conducted under this chapter shall be open to the public, except
when evidence affecting the national security of the United
States is to be received.

§ 6303. Rights of parties in interest
In an investigation conducted under this chapter, the following shall be allowed to be represented by counsel, to cross-examine witnesses, and to
call witnesses:
(1) an owner,
(2) any holder of a license or certificate of
registry,
(3) any holder of a merchant mariner’s document,
(4) any other person whose conduct is under
investigation, and
(5) any other party in interest.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 537.)

Page 566

by statute, the Secretary has the authority to do this by
regulation under section 6301. Thus the rights of these
parties as presently provided for in existing law have
been retained.

§ 6304. Subpena authority
(a) In an investigation under this chapter, the
attendance and testimony of witnesses, including
parties in interest, and the production of any evidence may be compelled by subpena. The subpena
authority granted by this section is coextensive
with that of a district court of the United States,
in civil matters, for the district in which the investigation is conducted.
(b) When a person fails to obey a subpena issued
under this section, the district court of the United
States for the district in which the investigation
is conducted or in which the person failing to
obey is found, shall on proper application issue an
order directing that person to comply with the
subpena. The court may punish as contempt any
disobedience of its order.
(c) A witness complying with a subpena issued
under this section may be paid for actual travel
and attendance at the rate provided for witnesses
in the district courts of the United States.
(d) An official designated to conduct an investigation under this part may issue subpenas as
provided in this section and administer oaths to
witnesses.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 538.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

6304 ..................................... 46:239(e)
46:239(f)

Section 6304 provides an officer investigating a marine
casualty with the necessary subpena authority to require the attendance and testimony of witnesses and the
production of evidence. It also authorizes a district court
of the United States to direct compliance with a subpena.

§ 6305. Reports of investigations
(a) The Secretary shall prescribe regulations
about the form and manner of reports of investigations conducted under this part.
(b) Reports of investigations conducted under
this part shall be made available to the public.
This subsection does not require the release of
information described by section 552(b) of title 5
or protected from disclosure by another law of
the United States.

Historical and Revision Notes
Revised section

Source section (U.S. Code)

6303 ..................................... 46:239(d)

Section 6303 provides for the rights of parties in interest to an investigation by allowing them to be represented by counsel, to cross examine witnesses, and to call
witnesses. This section merely states the rights of a party in interest but does not necessarily determine who is
to be considered a party in interest. Clause (4) states
that these rights are to be afforded to “any other person
whose conduct is under investigation” (emphasis added).
This implies that clauses (1) through (3) apply to individuals whose conduct is under investigation. If any individual does not qualify for these rights under clauses (1)
through (4), that individual can still be entitled to these
rights under clause (5), if designated as a party in interest. Since parties in interest are not clearly set out

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 538; Pub. L.
105–383, title III, § 305, Nov. 13, 1998, 112 Stat. 3420.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

6305 ..................................... 46:239(g)
46:239(k)

Section 6305 requires the Secretary to prescribe regulations about the form and manner of reports of investigations of marine casualties. It also provides that the
reports shall be available to the public, except for any
information they contain related to national security.
Amendments
1998—Subsec. (b). Pub. L. 105–383 substituted “. This
subsection does not require the release of information