1625-0061 Stat/Authority

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TITLE 46—SHIPPING

§ 4502

EFFECTIVE DATE

Statutory Notes and Related Subsidiaries

Pub. L. 115–282, title V, § 503(c), Dec. 4, 2018, 132 Stat.
4271, provided that: ‘‘Section 4312 of title 46, United
States Code, as amended [probably should be ‘‘enacted’’] by this section, shall take effect one year after
the date of the enactment of this Act [Dec. 4, 2018].’’

FOREIGN BUILT VESSELS, EQUIVALENT COMPLIANCE
UNTIL JULY 28, 1990

CHAPTER 45—UNINSPECTED COMMERCIAL
FISHING INDUSTRY VESSELS
Sec.

4501.
4502.
4503.
4503a.
4504.
4505.
4506.
4507.
[4508.

Application.
Safety standards.
Fishing, fish tender, and fish processing vessel certification.
Alternate safety compliance program.
Prohibited acts.
Termination of unsafe operations.
Exemptions.
Penalties.
Repealed.]
Editorial Notes
AMENDMENTS

2018—Pub. L. 115–282, title V, § 508(d), title VI,
§ 601(c)(1), Dec. 4, 2018, 132 Stat. 4273, 4289, added item
for 4503a and struck out item 4508 ‘‘Commercial Fishing
Safety Advisory Committee’’.
2010—Pub. L. 111–281, title VI, § 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, § 331(b), Nov. 25, 2002,
116 Stat. 2105, inserted ‘‘Safety’’ before ‘‘Advisory Committee’’ in item 4508.
1988—Pub. L. 100–424, § 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.

§ 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.
(Added Pub. L. 98–364, title IV, § 402(7)(C), July
17, 1984, 98 Stat. 446; amended Pub. L. 100–424,
§ 2(a), Sept. 9, 1988, 102 Stat. 1585.)
Editorial Notes
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’’.

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) subject to paragraph (3), 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;

§ 4502

TITLE 46—SHIPPING

(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.
(3) Except for a nonapplicable vessel, an auxiliary craft shall satisfy the equipment requirement under paragraph (2)(B) if such craft is—
(A) necessary for normal fishing operations;
(B) readily accessible during an emergency;
and
(C) capable, in accordance with the Coast
Guard capacity rating, when applicable, of
safely holding all individuals on board the vessel to which the craft functions as an auxiliary.
(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—

Page 100

(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;
(2) shall examine at dockside a vessel described in subsection (b) at least once every 5
years, but may require an exam at dockside
every 2 years for certain vessels described in
subsection (b) if requested by the owner or operator; and
(3) shall issue a certificate of compliance to
a vessel meeting the requirements of this
chapter and satisfying the requirements in
paragraph (2).
(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 an 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 of Health and Human
Services 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

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(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 of Health and Human Services, in consultation with and based on criteria
established by the Commandant of the Coast
Guard 1 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 2018 through
2021 for grants under this subsection.
(j)(1) The Secretary of Health and Human
Services 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 of Health and Human Services, in consultation with and based on criteria
established by the Commandant of the Coast
Guard, 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 2018 through
2021 for activities under this subsection.
(k) For the purposes of this section, the term
‘‘auxiliary craft’’ means a vessel that is carried
onboard a fishing vessel and is normally used to
support fishing operations.
(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; Pub. L.
112–213, title III, § 305(a), (b), Dec. 20, 2012, 126
Stat. 1564; Pub. L. 113–281, title III, § 309, Dec. 18,
2014, 128 Stat. 3045; Pub. L. 115–282, title V,
§§ 504–506, Dec. 4, 2018, 132 Stat. 4271; Pub. L.
116–283, div. G, title LVXXXIII [LXXXIII],
§ 8321(a), (b), Jan. 1, 2021, 134 Stat. 4701.)
Editorial Notes
AMENDMENTS
2021—Subsec. (i)(3). Pub. L. 116–283, § 8321(a)(1), substituted ‘‘75 percent’’ for ‘‘50 percent’’.
1 So

in original. Probably should be followed by a comma.

§ 4502

Subsec. (i)(4). Pub. L. 116–283, § 8321(a)(2), substituted
‘‘2021’’ for ‘‘2019’’.
Subsec. (j)(3). Pub. L. 116–283, § 8321(b)(1), substituted
‘‘75 percent’’ for ‘‘50 percent’’.
Subsec. (j)(4). Pub. L. 116–283, § 8321(b)(2), substituted
‘‘2021’’ for ‘‘2019’’.
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

§ 4502

TITLE 46—SHIPPING

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;

Page 102

‘‘(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.’’
FISHING SAFETY GRANTS
Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII],
§ 8321(c), Jan. 1, 2021, 134 Stat. 4702, provided that: ‘‘The
cap on the Federal share of the cost of any activity carried out with a grant under subsections (i) and (j) of
section 4502 of title 46, United States Code, as in effect
prior to the date of enactment of the Frank LoBiondo
Coast Guard Authorization Act of 2018 [Dec. 4, 2018],
shall apply to any funds appropriated under the Consolidated Appropriations Act, 2017 (Public Law 115–31)
[see Tables for classification] for the purpose of making
such grants.’’

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§ 4503

TITLE 46—SHIPPING

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.’’

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.

§ 4503. Fishing, fish tender, and fish processing
vessel certification
(a) A vessel to which this subsection 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) Except as provided in section 4503a, subsection (a) 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.

STUDIES REGARDING SAFETY OF FISHING VESSELS

(c)(1) Except as provided in paragraph (2), subsection (a) 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, 2013.
(2) Subsection (a) does not apply to a fishing
vessel or fish tender vessel to which section
4502(b) of this title applies, if the vessel—
(A) is at least 50 feet overall in length, and
not more than 180 feet overall in length as
listed on the vessel’s certificate of documentation or certificate of number; and
(B)(i) is built after the date of the enactment
of the Coast Guard Authorization Act of 2016;
and
(ii) complies with—
(I) the requirements described in subsection (d); or
(II) the alternative requirements established by the Secretary under subsection (e).

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

(d) The requirements referred to in subsection
(c)(2)(B)(ii)(I) are the following:
(1) The vessel is designed by an individual licensed by a State as a naval architect or marine engineer, and the design incorporates
standards equivalent to those prescribed by a
classification society to which the Secretary
has delegated authority under section 3316 or
another qualified organization approved by
the Secretary for purposes of this paragraph.
(2) Construction of the vessel is overseen and
certified as being in accordance with its design
by a marine surveyor of an organization accepted by the Secretary.
(3) The vessel—

§ 4503

TITLE 46—SHIPPING

(A) completes a stability test performed by
a qualified individual;
(B) has written stability and loading instructions from a qualified individual that
are provided to the owner or operator; and
(C) has an assigned loading mark.
(4) The vessel is not substantially altered
without the review and approval of an individual licensed by a State as a naval architect
or marine engineer before the beginning of
such substantial alteration.
(5) The vessel undergoes a condition survey
at least twice in 5 years, not to exceed 3 years
between surveys, to the satisfaction of a marine surveyor of an organization accepted by
the Secretary.
(6) The vessel undergoes an out-of-water survey at least once every 5 years to the satisfaction of a certified marine surveyor of an organization accepted by the Secretary.
(7) Once every 5 years and at the time of a
substantial alteration to such vessel, compliance of the vessel with the requirements of
paragraph (3) is reviewed and updated as necessary.
(8) For the life of the vessel, the owner of the
vessel maintains records to demonstrate compliance with this subsection and makes such
records readily available for inspection by an
official authorized to enforce this chapter.
(e)(1) Not later than 10 years after the date of
the enactment of the Coast Guard Authorization
Act of 2016, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a report that provides
an analysis of the adequacy of the requirements
under subsection (d) in maintaining the safety
of the fishing vessels and fish tender vessels
which are described in subsection (c)(2) and
which comply with the requirements of subsection (d).
(2) If the report required under this subsection
includes a determination that the safety requirements under subsection (d) are not adequate or that additional safety measures are
necessary, then the Secretary may establish an
alternative safety compliance program for fishing vessels or fish tender vessels (or both) which
are described in subsection (c)(2) and which comply with the requirements of subsection (d).
(3) The alternative safety compliance program
established under this subsection shall include
requirements for—
(A) vessel construction;
(B) a vessel stability test;
(C) vessel stability and loading instructions;
(D) an assigned vessel loading mark;
(E) a vessel condition survey at least twice
in 5 years, not to exceed 3 years between surveys;
(F) an out-of-water vessel survey at least
once every 5 years;
(G) maintenance of records to demonstrate
compliance with the program, and the availability of such records for inspection; and
(H) such other aspects of vessel safety as the
Secretary considers appropriate.
(f)(1) For purposes of this section and section
4503a, the term ‘‘built’’ means, with respect to a

Page 104

vessel, that the vessel’s construction has
reached any of the following stages:
(A) The vessel’s keel is laid.
(B) Construction identifiable with the vessel
has begun and assembly of that vessel has
commenced comprising of at least 50 metric
tons or one percent of the estimated mass of
all structural material, whichever is less.
(2) In the case of a vessel greater than 79 feet
overall in length, for purposes of paragraph
(1)(A) a keel is deemed to be laid when a marine
surveyor affirms that a structure adequate for
serving as a keel for such vessel is in place and
identified for use in the construction of such
vessel.
(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;
Pub. L. 112–213, title III, § 305(c), Dec. 20, 2012, 126
Stat. 1564; Pub. L. 114–120, title III, § 318(a), Feb.
8, 2016, 130 Stat. 63; Pub. L. 114–328, div. C, title
XXXV, § 3503(a), (b)(2), Dec. 23, 2016, 130 Stat.
2775; Pub. L. 115–282, title V, §§ 507, 508(a), (b),
Dec. 4, 2018, 132 Stat. 4272.)
Editorial Notes
REFERENCES IN TEXT
The date of the enactment of the Coast Guard Authorization Act of 2016, referred to in subsecs.
(c)(2)(B)(i) and (e)(1), is the date of enactment of Pub.
L. 114–120, which was approved Feb. 8, 2016.
AMENDMENTS
2018—Subsec. (b). Pub. L. 115–282, § 508(b)(2), substituted ‘‘section 4503a’’ for ‘‘subsection (d)’’ in introductory provisions.
Subsec. (c)(2)(A). Pub. L. 115–282, § 507(a), substituted
‘‘180’’ for ‘‘79’’.
Subsec. (c)(2)(B)(ii)(I). Pub. L. 115–282, § 508(b)(3), substituted ‘‘subsection (d)’’ for ‘‘subsection (e)’’.
Subsec. (c)(2)(B)(ii)(II). Pub. L. 115–282, § 508(b)(4), substituted ‘‘subsection (e)’’ for ‘‘subsection (f)’’.
Subsec. (d). Pub. L. 115–282, § 508(b)(1), redesignated
subsec. (e) as (d).
Pub. L. 115–282, § 508(a), redesignated subsec. (d) as
section 4503a of this title.
Subsec. (e). Pub. L. 115–282, § 508(b)(1), redesignated
subsec. (f) as (e). Former subsec. (e) redesignated (d).
Subsec. (e)(1), (2). Pub. L. 115–282, § 508(b)(5), (6), substituted ‘‘subsection (d)’’ for ‘‘subsection (e)’’ wherever
appearing.
Subsec. (f). Pub. L. 115–282, § 508(b)(1), redesignated
subsec. (g) as (f). Former subsec. (f) redesignated (e).
Pub. L. 115–282, § 507(b), generally amended subsec. (f),
as redesignated by Pub. L. 115–282, § 508(b)(1). Prior to
amendment, subsec. (f) read as follows: ‘‘For the purposes of this section, the term ‘built’ means, with respect to a vessel, that the vessel’s construction has
reached any of the following stages:
‘‘(1) The vessel’s keel is laid.
‘‘(2) Construction identifiable with the vessel has
begun and assembly of that vessel has commenced
comprising of at least 50 metric tons or one percent
of the estimated mass of all structural material,
whichever is less.’’
Subsec. (g). Pub. L. 115–282, § 508(b)(1), redesignated
subsec. (g) as (f).
2016—Subsec. (a). Pub. L. 114–120, § 318(a)(1), substituted ‘‘this subsection’’ for ‘‘this section’’ in introductory provisions.
Subsec. (b). Pub. L. 114–120, § 318(a)(2), substituted
‘‘Except as provided in subsection (d), subsection (a)’’
for ‘‘This section’’ in introductory provisions.

Page 105

§ 4503a

TITLE 46—SHIPPING

Subsec. (c). Pub. L. 114–120, § 318(a)(3), designated existing provisions as par. (1), substituted ‘‘Except as provided in paragraph (2), subsection (a)’’ for ‘‘This section’’, and added par. (2).
Subsec. (c)(2)(B)(i). Pub. L. 114–328, § 3503(a), substituted ‘‘Coast Guard Authorization Act of 2016’’ for
‘‘Coast Guard Authorization Act of 2015’’.
Subsec. (e). Pub. L. 114–120, § 318(a)(4), added subsec.
(e). Former subsec. (e) redesignated (g).
Subsec. (f). Pub. L. 114–120, § 318(a)(4), added subsec.
(f).
Subsec. (f)(1). Pub. L. 114–328, § 3503(a), substituted
‘‘Coast Guard Authorization Act of 2016’’ for ‘‘Coast
Guard Authorization Act of 2015’’.
Subsec. (f)(2). Pub. L. 114–328, § 3503(b)(2), substituted
‘‘, then’’ for ‘‘, that’’.
Subsec. (g). Pub. L. 114–120, § 318(a)(4), redesignated
subsec. (e) as (g).
2012—Subsec. (c). Pub. L. 112–213, § 305(c)(1), substituted ‘‘July 1, 2013.’’ for ‘‘July 1, 2012.’’
Subsec. (d)(1)(B). Pub. L. 112–213, § 305(c)(2)(A), substituted ‘‘July 1, 2013;’’ for ‘‘July 1, 2012;’’.
Subsec. (d)(2). Pub. L. 112–213, § 305(c)(2)(B), substituted ‘‘July 1, 2013,’’ for ‘‘July 1, 2012,’’ in two places
and substituted ‘‘major conversion’’ for ‘‘substantial
change to the dimension of or type of vessel’’.
Subsec. (e). Pub. L. 112–213, § 305(c)(3), added subsec.
(e).
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’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2016 AMENDMENT
Amendment by Pub. L. 114–328 effective as if included
in the enactment of Pub. L. 114–120, see section 3503(e)
of Pub. L. 114–328, set out as a note under section 315 of
Title 14, Coast Guard.
FINAL RULE
Pub. L. 115–282, title V, § 508(f), Dec. 4, 2018, 132 Stat.
4273, provided that: ‘‘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 issue a final rule implementing the requirements enumerated in section 4503(d) of title 46, as
amended by subsection (b)(1) of this section.’’

§ 4503a. Alternate safety compliance program
(a) Subject to subsection (c), beginning on the
date that is 3 years after the date that the Secretary prescribes an alternate safety compliance
program, a fishing vessel, fish processing vessel,
or fish tender vessel to which section 4502(b) of
this title applies shall comply with such an alternate safety compliance program, if the vessel—

(1) is at least 50 feet overall in length;
(2) is built before July 1, 2013; and
(3) is 25 years of age or older.
(b) A fishing vessel, fish processing vessel, or
fish tender vessel built before July 1, 2013, that
undergoes a major conversion completed after
the later of July 1, 2013, or the date the Secretary prescribes an alternate safety compliance
program under subsection (a), shall comply with
such an alternate safety compliance program.
(c) For purposes of subsection (a), a separate
alternate safety compliance program may be developed for a specific region or specific fishery.
(d) Notwithstanding subsection (a), vessels
owned by a person that owns more than 30 vessels subject to that subsection are not required
to meet the alternate safety compliance requirements of that subsection 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 subsection by
that date and the vessel owner is meeting that
schedule.
(e) 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
is not eligible to participate in an alternative
safety compliance program prescribed under
subsection (a) and,1 shall—
(1) remain subject to the requirements of a
classification society approved by the Secretary; and
(2) have on board a certificate from that society.
(f) For the purposes of this section, the term
‘‘built’’ has the meaning given that term in section 4503(f).
(Added and amended Pub. L. 115–282, title V,
§ 508(a), (c), Dec. 4, 2018, 132 Stat. 4272.)
Editorial Notes
CODIFICATION
Section, as added and amended by Pub. L. 115–282, is
based on Pub. L. 111–281, title VI, § 604(e)(1)(C), Oct. 15,
2010, 124 Stat. 2966, as amended by Pub. L. 112–213, title
III, § 305(c)(2), Dec. 20, 2012, 126 Stat. 1564, which was formerly classified to section 4503(d) of this title before
being transferred and renumbered as this section.
AMENDMENTS
2018—Pub. L. 115–282, § 508(c)(2), inserted section designation and catchline before subsec. (a).
Pub. L. 115–282, § 508(a), (c)(1), renumbered section
4503(d) of this title as this section and redesignated
pars. (1) to (5) thereof as subsecs. (a) to (e), respectively.
Subsec. (a). Pub. L. 115–282, § 508(c)(4), redesignated
subpars. (A) to (C) as pars. (1) to (3), respectively.
Pub. L. 115–282, § 508(c)(3), in introductory provisions,
substituted ‘‘Subject to subsection (c), beginning on
the date that is 3 years after the date that the Secretary prescribes an alternate safety compliance program, a fishing vessel, fish processing vessel, or fish
tender vessel to which section 4502(b) of this title applies shall comply with such an alternate safety compliance program, if’’ for ‘‘After January 1, 2020, a fishing vessel, fish processing vessel, or fish tender vessel
1 So in original. Comma probably should appear after ‘‘2012’’ instead. See 2018 Amendment note below.

§ 4504

TITLE 46—SHIPPING

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’’.
Subsec. (b). Pub. L. 115–282, § 508(c)(5), substituted
‘‘prescribes an alternate safety compliance program
under subsection (a), shall comply with such an alternate safety compliance program’’ for ‘‘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’’.
Subsec. (c). Pub. L. 115–282, § 508(c)(6), amended subsec. (c) generally. Prior to amendment, subsec. (c) read
as follows: ‘‘Alternative safety compliance programs
may be developed for purposes of paragraph (1) for specific regions and fisheries.’’
Subsec. (d). Pub. L. 115–282, § 508(c)(7), substituted
‘‘subsection (a)’’ for ‘‘paragraph (1)’’ and, wherever appearing, ‘‘that subsection’’ for ‘‘that paragraph’’.
Subsec. (e). Pub. L. 115–282, § 508(c)(8)(B), redesignated
subpars. (A) and (B) as pars. (1) and (2), respectively.
Pub. L. 115–282, § 508(c)(8)(A), inserted ‘‘is not eligible
to participate in an alternative safety compliance program prescribed under subsection (a) and’’ after ‘‘July
1, 2012’’ in introductory provisions.
Subsec. (f). Pub. L. 115–282, § 508(c)(9), added subsec.
(f).
Statutory Notes and Related Subsidiaries
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) [now 46
U.S.C. 4503a(a)] of the [sic] title 46, United States Code,
as amended by this section.’’

§ 4504. Prohibited acts

Page 106

not have on board the certificate required
under section 4503(a)(2) of this title to return
the vessel to a mooring and to remain there
until the vessel is in compliance with that section, except that this paragraph shall not
apply with respect to a vessel to which section
4503a applies.
(Added Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102
Stat. 1587; amended Pub. L. 115–282, title V, § 509,
Dec. 4, 2018, 132 Stat. 4274.)
Editorial Notes
AMENDMENTS
2018—Par. (2). Pub. L. 115–282 substituted ‘‘4503(a)(2)’’
for ‘‘4503(1)’’ and inserted ‘‘, except that this paragraph
shall not apply with respect to a vessel to which section 4503a applies’’ before period at end.

§ 4506. Exemptions
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.
(Added Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102
Stat. 1587; amended Pub. L. 102–587, title V,
§ 5222, Nov. 4, 1992, 106 Stat. 5081; Pub. L. 105–383,
title III, § 301(b)(6), Nov. 13, 1998, 112 Stat. 3417;
Pub. L. 111–281, title VI, § 604(b), Oct. 15, 2010, 124
Stat. 2964; Pub. L. 114–120, title III, § 306(a)(5),
Feb. 8, 2016, 130 Stat. 54.)

A person may not operate a vessel in violation
of this chapter or a regulation prescribed under
this chapter.

Editorial Notes

(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.)

2016—Pub. L. 114–120 struck out subsec. (a) designation before ‘‘The Secretary may’’.
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)’’.

Editorial Notes
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, 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

AMENDMENTS

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.

§ 4507. Penalties
(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

Page 107

§ 4704

TITLE 46—SHIPPING

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.
(Added Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102
Stat. 1588.)
[§ 4508. Repealed. Pub. L. 115–282, title VI,
§ 601(c)(1), Dec. 4, 2018, 132 Stat. 4289]
Section, added Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102
Stat. 1588; amended Pub. L. 101–225, title I, § 106, Dec. 12,
1989, 103 Stat. 1910; Pub. L. 102–241, § 25, Dec. 19, 1991, 105
Stat. 2217; Pub. L. 104–324, title III, § 304(b), Oct. 19, 1996,
110 Stat. 3917; Pub. L. 107–295, title III, § 331(a), Nov. 25,
2002, 116 Stat. 2105; Pub. L. 108–293, title IV, § 418(a),
Aug. 9, 2004, 118 Stat. 1049; Pub. L. 109–241, title IX,
§ 901(g), July 11, 2006, 120 Stat. 564; Pub. L. 111–281, title
VI, § 604(c)(1)–(3), Oct. 15, 2010, 124 Stat. 2964, 2965, established the Commercial Fishing Safety Advisory Committee. See section 15102 of this title.

CHAPTER 47—ABANDONMENT OF BARGES

1 year after the date of enactment of this title [Nov. 4,
1992].’’
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.

§ 4702. Abandonment of barge prohibited
An owner or operator of a barge may not abandon it on the navigable waters of the United
States. A barge is deemed not to be abandoned
if—
(1) it is located at a Federally- or State-approved mooring area;
(2) it is on private property with the permission of the owner of the property; or
(3) the owner or operator notifies the Secretary that the barge is not abandoned and the
location of the barge.
(Added Pub. L. 102–587, title V, § 5302, Nov. 4,
1992, 106 Stat. 5082; amended Pub. L. 109–304,
§ 15(18), Oct. 6, 2006, 120 Stat. 1703.)

Sec.

4701.
4702.
4703.
4704.
4705.

Definitions.
Abandonment of barge prohibited.
Penalty for unlawful abandonment of barge.
Removal of abandoned barges.
Liability of barge removal contractors.

§ 4701. Definitions
In this chapter—
(1) ‘‘abandon’’ means to moor, strand, wreck,
sink, or leave a barge of more than 100 gross
tons as measured under section 14502 of this
title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the
Secretary under section 14104 of this title unattended for longer than forty-five days.
(2) ‘‘barge removal contractor’’ means a person that enters into a contract with the
United States to remove an abandoned barge
under this chapter.
(3) ‘‘navigable waters of the United States’’
means waters of the United States, including
the territorial sea.
(4) ‘‘removal’’ or ‘‘remove’’ means relocation, sale, scrapping, or other method of disposal.
(Added Pub. L. 102–587, title V, § 5302, Nov. 4,
1992, 106 Stat. 5081; amended Pub. L. 104–324, title
VII, § 718, Oct. 19, 1996, 110 Stat. 3937.)
Editorial Notes
AMENDMENTS

Editorial Notes
AMENDMENTS
2006—Pub. L. 109–304 struck out subsec. (a) designation before ‘‘An owner’’.

§ 4703. Penalty for unlawful abandonment of
barge
Thirty days after the notification procedures
under section 4704(a)(1) are completed, the Secretary may assess a civil penalty of not more
than $1,000 for each day of the violation against
an owner or operator that violates section 4702.
A vessel with respect to which a penalty is assessed under this chapter is liable in rem for the
penalty.
(Added Pub. L. 102–587, title V, § 5302, Nov. 4,
1992, 106 Stat. 5082.)
§ 4704. Removal of abandoned barges
(a)(1) The Secretary may remove a barge that
is abandoned after complying with the following
procedures:
(A) If the identity of the owner or operator
can be determined, the Secretary shall notify
the owner or operator by certified mail—
(i) that if the barge is not removed it will
be removed at the owner’s or operator’s expense; and
(ii) of the penalty under section 4703.

1996—Par. (1). Pub. L. 104–324 inserted ‘‘as measured
under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this
title’’ after ‘‘100 gross tons’’.

(B) If the identity of the owner or operator
cannot be determined, the Secretary shall
publish an announcement in—
(i) a notice to mariners; and
(ii) an official journal of the county in
which the barge is located

Statutory Notes and Related Subsidiaries

that if the barge is not removed it will be removed at the owner’s or operator’s expense.

APPLICATION TO CERTAIN BARGES
Pub. L. 102–587, title V, § 5303, Nov. 4, 1992, 106 Stat.
5083, provided that: ‘‘Chapter 47 of title 46, United
States Code, as added by subsection (a) [section 5302],
does not apply to a barge abandoned before June 11,
1992, if the barge was removed before the date that is

(2) The United States, and any officer or employee of the United States is not liable to an
owner or operator for damages resulting from
removal of an abandoned barge under this chapter.