1625-0061 Stat/Authority

PUBLIC LAW 100-424—SEPT. 9, 1988

102 STAT. 1585

Public Law 100-424
100th Congress
An Act
To provide for the establishment of additional safety requirements for fishing
industry vessels, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the "Commercial Fishing Industry
Vessel Safety Act of 1988".

Sept. 9, 1988
[H.R. 1841]
Commercial
Fishing Industry
Vessel Safety
Act of 1988.
46 u s e 2101
note.

SEC. 2. UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSEL SAFETY
REQUIREMENTS.

(a) IN GENERAL.—Chapter 45 of title 46, United States Code, is
amended to read as follows:

"CHAPTER 45—UNINSPECTED COMMERCIAL
FISHING INDUSTRY VESSELS
"Sec.
"4501.
"4502.
"4503.
"4504.
"4505.
"4506.
"4507.
"4508.

Application.
Safety standards.
Fish processing vessel certification.
Prohibited acts.
Termination of unsafe operations.
Exemptions.
Penalties.
Commercial Fishing Industry Vessel Advisory Committee.

"§ 4501. Application
"(a) This chapter applies to an uninspected vessel which is a
fishing vessel, fish processing vessel, or fish tender vessel.
"(b) This chapter does not apply to the carriage of bulk dangerous
cargoes regulated under chapter 37 of this title.

46 u s e 4501.

"§ 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;

46 u s e 4502.
Regulations.

102 STAT. 1586

Regulations.

Regulations.

PUBLIC LAW 100-424—SEPT. 9, 1988

"(6) a buoyant apparatus, if the vessel is of a type required by
regulations prescribed by the Secretary to be equipped with that
apparatus;
"(7) alerting and locating equipment, including emergency
position indicating radio beacons, on vessels that operate on the
high seas; and
"(8) a placard as required by regulations prescribed under
section 10603(b) of this title.
"(b) 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.
"(c) 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.
"(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—

PUBLIC LAW 100-424—SEPT. 9, 1988

102 STAT. 1587

"(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) 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.
"§ 4503. Fish processing vessel certification
"(a) A fish processing 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.

46 USC 4503.

"§ 4504. Prohibited acts
46 USC 4504.
"A person may not operate a vessel in violation of this chapter or
a regulation prescribed under this chapter.
"§ 4505. Termination of unsafe operations
46 USC 4505.
"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.
"§ 4506. Exemptions
"(a) 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 fin'?;??"

PUBLIC LAW 100-424—SEPT. 9, 1988

102 STAT. 1591

"(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.".
(c) CONFORMING AMENDMENT.—The analysis for chapter 61 of title
46, United States Code, is amended by adding at the end the
following:
"6104. Ck}mmercial fishing industry vessel casualty statistics.".
SEC. 5. STUDIES.
(a) FISHING INDUSTRY VESSEL INSPECTION STUDY.—The Secretary

46 USC 4502
^°^'

of Transportation, utilizing the National Academy of Engineering
and in consultation with the National Transportation Safety Board,
the Commercial Fishing Industry Vessel Advisory Committee, and
the fishing industry, shall—
(1) conduct a study of the safety problems on fishing industry
vessels;
(2) make recommendations regarding whether a vessel inspection program should be implemented for fishing vessels, fish
tender vessels, and fish processing vessels, including recommendations on the nature and scope of that inspection; and
(3) submit the study and recommendations to Congress before
January 1,1990.
Ot)) UNCLASSIFIED FISH PROCESSING VESSEL STUDY.—The Secretary

of the department in which the Coast Guard is operating, in consultation with the Commercial Fishing Industry Vessel Advisory
Committee established under section 4508 of title 46, United States
Code (as amended by this Act), and with representatives of persons
operating fish processing vessels—
(1) shall conduct a study of fish processing vessels that are not
surveyed and classed by an organization approved by the
Secretary;
(2) shall make recommendations regarding what hull and
machinery requirements should apply to vessels described in
paragraph (1) to ensure that those vessels are operated and
maintained in a condition in which they are safe to operate at
sea; and
(3) shall submit the study and recommendations to Congress
before July 28,1991.
SEC. 6. FISHING VOYAGE REQUIREMENTS.

(a) ENACTMENT OF N E W CHAPTER IN TITLE 46.—Title 46, United
States Code, is amended by inserting after chapter 105 the following:

"CHAPTER 106—FISHING VOYAGES
"Sec.

.•-.•

"10601. Fishing agreements.
"10602. Recovery of wages and shares of fish under agreement.
"10603. Seaman s duty to notify employer regarding illness, disability, and injury.

"§ 10601. Fishing agreements
46 USC 10601.
"(a) Before proceeding on a voyage, the mcister or individual in
charge of a fishing vessel, fish processing vessel, or fish tender vessel
shall make a fishing agreement in writing with each seaman
enployed on board if the vessel is—
"(1) at least 20 gross tons; and
"(2) on a voyage from a port in the United States.
"(b) The agreement shall be signed also by the owner of the vessel.

102 STAT. 1592

Wages.

PUBLIC LAW 100-424—SEPT. 9, 1988
"(c) The agreement shall—
"(1) state the period of effectiveness of the agreement;
"(2) include the terms of any wage, share, or other compensation arrangement peculiar to the fishery in which the vessel
will be engaged during the period of the agreement; and
"(3) include other agreed terms.

46 u s e 10602.

"§ 10602. Recovery of wages and shares of fish under agreement
"(a) When fish caught under an agreement under section 10601 of
this title are delivered to the owner of the vessel for processing and
are sold, the vessel is liable in rem for the wages and shares of the
proceeds of the seamen. An action under this section must be
brought within six months after the sale of the fish.
"(b)(1) In an action under this section, the owner shall produce an
accounting of the sale and division of proceeds under the agreement.
If the owner fails to produce the accounting, the vessel is liable for
the highest value alleged for the shares.
"(2) The owner may offset the value of general supplies provided
for the voyage and other supplies provided the seaman bringing the
action.
"(c) This section does not affect a common law right of a seaman
to bring an action to recover the seaman's share of the fish or
proceeds.

46 u s e 10603.

"§ 10603. Seaman's duty to notify employer regarding illness,
disability, and injury
"(a) A seaman on a fishing vessel, fish processing vessel, or fish
tender vessel shall notify the master or individual in charge of the
vessel or other agent of the employer regarding any illness, disability, or injury suffered by the seaman when in service to the vessel
not later than seven days after the date on which the illness,
disability, or injury arose.
"(b) The Secretary shall prescribe regulations requiring that each
fishing vessel, fish processing vessel, and fish tender vessel shall
have on board a placard displayed in a prominent location accessible
to the crew describing the seaman's duty under subsection (a) of this
section.".
(b) CONFORMING AMENDMENT.—The table of contents at the beginning of title 46, United States Code, is amended by inserting after
the item relating to chapter 105 the following:

Regulations.

"106. Fishing voyages

10601.".

(c) REPEALS.—Sections 4391, 4392, 4393, and 4394 of the Revised
Statutes of the United States (46 App. U.S.C. 531-534) are repealed.
46 u s e 4501
note.

SEC. 7. TRANSITIONAL PROVISION.

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 C!onvention
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.
SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS.
(a) IMMERSION S U I T S . —

^^^^^^^fp'

PUBLIC LAW 100-424—SEPT. 9, 1988

102 STAT. 1593

(1) REQUIREMENT.—Section 3102 of title 46, United States
Code, is amended by striking "exposure" each place it appears
and inserting in lieu thereof "immersion".
(2) SECTION HEADING.—The section heading for section 3102 of

that title is amended by striking "Exposure" and inserting in
lieu thereof "Immersion".
(3) ANALYSIS.—The chapter analysis for chapter 31 of that
title is amended by striking "Exposure" and inserting in lieu
thereof "Immersion".
(b) OTHER UNINSPECTED VESSEL REQUIREMENTS.—Section 4101 of

title 46, United States Code, is amended by inserting "not subject to
chapter 45 of this title" after "uninspected vessel".
(c) MAJOR CONVERSION DEFINED.—

(1) DEFINITION.—Section 2101 of title 46, United States Code,
is amended by inserting after paragraph (14) the following:
"(14a) 'major conversion' means a conversion of a vessel
that—
"(A) substantially changes the dimensions or carrying
capacity of the vessel;
"(B) changes the type of the vessel;
"(C) substantially prolongs the life of the vessel; or
"(D) otherwise so changes the vessel that it is essentially
a new vessel, as decided by the Secretary.".
(2) REPEAL.—Section 3701(2) of title 46, United States Code, is
repealed.
Approved September 9, 1988.

LEGISLATIVE HISTORY—H.R. 1841:
HOUSE REPORTS: No. 100-729 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 134 (1988):
June 27, 28, considered and passed House.
Aug. 11, considered and passed Senate.

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