StatA

§ 4501

TITLE 46—SHIPPING

safety standards of the Government or that
the person was not advised by the Secretary or
the manufacturer of that vessel, equipment or
component that the vessel, equipment or component contains a defect which creates a substantial risk of personal injury to the public;
or
(2) holds a certificate issued by the manufacturer of that recreational vessel or associated
equipment to the effect that the recreational
vessel or associated equipment conforms to all
applicable recreational vessel safety standards
of the Government, unless the person knows or
reasonably should have known that the recreational vessel or associated equipment does
not so conform.
(g) Compliance with this chapter or standards,
regulations, or orders prescribed under this
chapter does not relieve a person from liability
at common law or under State law.

Page 84

ized, a violation is individually liable to the Government for the penalty, in addition to the corporation.
However, the director, officer, or executive employee is
not liable individually under this subsection if the director, officer, or executive employee can demonstrate
by a preponderance of the evidence that—
‘‘(1) the order or authorization was issued on the
basis of a decision, in exercising reasonable and prudent judgment, that the defect or the nonconformity
with standards and regulations constituting the violation would not cause or constitute a substantial
risk of personal injury to the public; and
‘‘(2) at the time of the order or authorization, the
director, officer, or executive employee advised the
Secretary in writing of acting under this clause and
clause (1) of this subsection.’’
1984—Subsec. (b)(1). Pub. L. 98–557, § 8(b), inserted ‘‘defect or the’’ before ‘‘nonconformity’’.
Subsec. (f)(1). Pub. L. 98–557, § 8(c), inserted provisions
relating to advice by the Secretary or manufacturer of
the vessel, equipment or component respecting defects
creating substantial risk of personal injury to the public.
CHANGE OF NAME

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 534; Pub. L.
98–557, § 8(b), (c), Oct. 30, 1984, 98 Stat. 2862; Pub.
L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat.
5117; Pub. L. 108–293, title IV, § 406, Aug. 9, 2004,
118 Stat. 1043; Pub. L. 109–241, title IX, § 901(e),
July 11, 2006, 120 Stat. 564.)

‘‘United States magistrate judge’’ substituted for
‘‘United States magistrate’’ in subsec. (d) pursuant to
section 321 of Pub. L. 101–650, set out as a note under
section 631 of Title 28, Judiciary and Judicial Procedure.

HISTORICAL AND REVISION NOTES

CHAPTER 45—UNINSPECTED COMMERCIAL
FISHING INDUSTRY VESSELS

Revised section

Source section (U.S. Code)

4311(a) .........................................
4311(b) .........................................
4311(c) .........................................
4311(d) .........................................
4311(e) .........................................
4311(f) ..........................................
4311(g) .........................................

46:1483
46:1484(a)
46:1484(b)
46:1484(d)
46:1485
46:1461(b)
46:1489

Section 4311 provides penalties for violating any of
the provisions of this chapter or a regulation prescribed
under this chapter. For a willful violation the penalty
is a criminal fine; all other penalties are civil in nature.
A person violating any of the prohibited acts specified in section 4307(a)(1) is subject to a maximum civil
penalty that can go as high as a $100,000 for a related
series of violations. However, the section provides for
no liability for good faith reliance on certifications of
compliance by others within the chain of responsibility
and for defects that are not within an individual’s responsibility or control.
This section also contains an alternate procedure for
the collection of a civil penalty of not more than $200
through a U.S. magistrate in lieu of the civil penalty
procedures of the Coast Guard. It also directs the district courts of the United States to restrain the sale,
offer for sale, introduction or delivery for introduction
into interstate commerce, or importation of a recreational vessel or associated equipment that does not
conform to applicable safety standards. Finally, compliance with this chapter or standards, regulations, or
orders does not relieve a person from liability at common law or under State law.
AMENDMENTS
2006—Subsec. (b)(1). Pub. L. 109–241 inserted a space
after ‘‘4307(a)’’.
2004—Subsec. (b). Pub. L. 108–293 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ‘‘A person violating section 4307(a)(1) of this title
is liable to the United States Government for a civil
penalty of not more than $2,000, except that the maximum civil penalty may be not more than $100,000 for a
related series of violations. When a corporation violates section 4307(a)(1), any director, officer, or executive employee of the corporation who knowingly and
willfully ordered, or knowingly and willfully author-

Sec.

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

Application.
Safety standards.
Fishing, fish tender, and fish processing vessel certification.
Prohibited acts.
Termination of unsafe operations.
Exemptions.
Penalties.
Commercial Fishing Safety Advisory Committee.
AMENDMENTS

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.)
AMENDMENTS
1988—Pub. L. 100–424 amended section generally, in
subsec. (a) substituting provisions which related to un-

Page 85

TITLE 46—SHIPPING

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

Page 86

(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

Page 87

TITLE 46—SHIPPING

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-

Page 89

TITLE 46—SHIPPING

cluding 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.
(Added Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102
Stat. 1587.)
§ 4506. Exemptions
(a) 1 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.)
AMENDMENTS
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)’’.
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
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.)
1 So

in original. There is no subsec. (b).

§ 4508

§ 4508. Commercial Fishing Safety Advisory Committee
(a) The Secretary shall establish a Commercial Fishing Safety Advisory Committee. The
Committee—
(1) may advise, consult with, report to, and
make recommendations to the Secretary on
matters relating to the safe operation of vessels to which this chapter applies, including
navigation safety, safety equipment and procedures, marine insurance, vessel design, construction, maintenance and operation, and
personnel qualifications and training;
(2) may review proposed regulations under
this chapter;
(3) may make available to Congress any information, advice, and recommendations that
the Committee is authorized to give to the
Secretary; and
(4) shall meet at the call of the Secretary,
who shall call such a meeting at least once
during each calendar year.
(b)(1) The Committee shall consist of eighteen
members with particular expertise, knowledge,
and experience regarding the commercial fishing
industry as follows:
(A) ten members who shall represent the
commercial fishing industry and who—
(i) reflect a regional and representational
balance; and
(ii) have experience in the operation of
vessels to which this chapter applies or as a
crew member or processing line worker on a
fish processing vessel;
(B) three members who shall represent the
general public, including, whenever possible—
(i) an independent expert or consultant in
maritime safety;
(ii) a marine surveyor who provides services to vessels to which this chapter applies;
and
(iii) a person familiar with issues affecting
fishing communities and families of fishermen;
(C) one member each of whom shall represent—
(i) naval architects and marine engineers;
(ii) manufacturers of equipment for vessels
to which this chapter applies;
(iii) education or training professionals related to fishing vessel, fish processing vessel,
or fish tender vessel safety or personnel
qualifications;
(iv) underwriters that insure vessels to
which this chapter applies; and
(v) owners of vessels to which this chapter
applies.
(2) At least once each year, the Secretary shall
publish a notice in the Federal Register and in
newspapers of general circulation in coastal
areas soliciting nominations for membership on
the Committee, and, after timely notice is published, appoint the members of the Committee.
An individual may be appointed to a term as a
member of the Committee more than once. The
Secretary may not seek or use information concerning the political affiliation of individuals in
making appointments to the Committee.
(3)(A) A member of the Committee shall serve
a term of three years.

§ 4508

TITLE 46—SHIPPING

(B) If a vacancy occurs in the membership of
the Committee, the Secretary shall appoint a
member to fill the remainder of the vacated
term.
(4) The Committee shall elect one of its members as the Chairman and one of its members as
the Vice Chairman. The Vice Chairman shall act
as Chairman in the absence or incapacity of, or
in the event of a vacancy in the office of, the
Chairman.
(5) The Secretary shall, and any other interested agency may, designate a representative to
participate as an observer with the Committee.
These representatives shall, as appropriate, report to and advise the Committee on matters relating to vessels to which this chapter applies
which are under the jurisdiction of their respective agencies. The Secretary’s designated representative shall act as executive secretary for
the Committee and perform the duties set forth
in section 10(c) of the Federal Advisory Committee Act (5 App. U.S.C.).
(c)(1) The Secretary shall, whenever practicable, consult with the Committee before taking any significant action relating to the safe
operation of vessels to which this chapter applies.
(2) The Secretary shall consider the information, advice, and recommendations of the Committee in consulting with other agencies and the
public or in formulating policy regarding the
safe operation of vessels to which this chapter
applies.
(d)(1) A member of the Committee who is not
an officer or employee of the United States or a
member of the Armed Forces, when attending
meetings of the Committee or when otherwise
engaged in the business of the Committee, is entitled to receive—
(A) compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of
the current rate of basic pay in effect for
GS–18 of the General Schedule under section
5332 of title 5 including travel time; and
(B) travel or transportation expenses under
section 5703 of title 5.
(2) Payments under this section do not render
a member of the Committee an officer or employee of the United States or a member of the
Armed Forces for any purpose.
(3) A member of the Committee who is an officer or employee of the United States or a member of the Armed Forces may not receive additional pay based on the member’s service to the
Committee.
(4) The provisions of this section relating to
an officer or employee of the United States or a
member of the Armed Forces do not apply to a
member of a reserve component of the Armed
Forces unless that member is in an active
status.
(e)(1) The Federal Advisory Committee Act (5
App. U.S.C.) applies to the Committee, except
that the Committee terminates on September
30, 2020.
(2) Two years prior to the termination date referred to in paragraph (1) of this subsection, the
Committee shall submit to Congress its recommendation regarding whether the Committee
should be renewed and continued beyond the termination date.

Page 90

(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.)
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsecs. (b)(5) and (e)(1), is Pub. L. 92–463, Oct. 6, 1972,
86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
AMENDMENTS
2010—Pub. L. 111–281, § 604(c)(1)(A), substituted ‘‘Commercial Fishing Safety Advisory Committee’’ for
‘‘Commercial Fishing Industry Vessel Safety Advisory
Committee’’ in section catchline.
Subsec. (a). Pub. L. 111–281, § 604(c)(1)(B), struck out
‘‘Industry Vessel’’ after ‘‘Commercial Fishing’’ in introductory provisions.
Subsec. (b)(1). Pub. L. 111–281, § 604(c)(2)(A), substituted ‘‘eighteen’’ for ‘‘seventeen’’ in introductory
provisions.
Subsec. (b)(1)(A). Pub. L. 111–281, § 604(c)(2)(B)(i), substituted ‘‘who shall represent the commercial fishing
industry and who—’’ for ‘‘from the commercial fishing
industry who—’’ in introductory provisions.
Subsec. (b)(1)(A)(ii). Pub. L. 111–281, § 604(c)(2)(B)(ii),
substituted ‘‘a fish processing’’ for ‘‘an uninspected fish
processing’’.
Subsec. (b)(1)(B). Pub. L. 111–281, § 604(c)(2)(C), added
subpar. (B) and struck out former subpar. (B) which
read as follows: ‘‘three members from the general public, including, whenever possible, an independent expert
or consultant in maritime safety and a member of a national organization composed of persons representing
owners of vessels to which this chapter applies and persons representing the marine insurance industry;’’.
Subsec. (b)(1)(C). Pub. L. 111–281, § 604(c)(2)(D)(i), substituted ‘‘each of whom shall represent—’’ for ‘‘representing each of—’’ in introductory provisions.
Subsec. (b)(1)(C)(i). Pub. L. 111–281, § 604(c)(2)(D)(ii),
substituted ‘‘and marine engineers;’’ for ‘‘or marine
surveyors;’’.
Subsec.
(b)(1)(C)(v).
Pub.
L.
111–281,
§ 604(c)(2)(D)(iii)–(v), added cl. (v).
Subsec. (e)(1). Pub. L. 111–281, § 604(c)(3), substituted
‘‘September 30, 2020’’ for ‘‘September 30, 2010’’.
2006—Subsec. (e)(1). Pub. L. 109–241 amended directory
language of Pub. L. 108–293, § 418(a). See 2004 Amendment note below.
2004—Subsec. (e)(1). Pub. L. 108–293, § 418(a), as amended by Pub. L. 109–241, substituted ‘‘on September 30,
2010’’ for ‘‘on September 30, 2005’’.
2002—Pub. L. 107–295, § 331(a)(1), inserted ‘‘Safety’’
after ‘‘Vessel’’ in section catchline.
Subsec. (a). Pub. L. 107–295, § 331(a)(2), inserted ‘‘Safety’’ after ‘‘Vessel’’ in introductory provisions.
Subsec. (e)(1). Pub. L. 107–295, § 331(a)(4), substituted
‘‘on September 30, 2005’’ for ‘‘on September 30, 2000’’.
Pub. L. 107–295, § 331(a)(3), which directed the substitution of ‘‘(5 App. U.S.C.)’’ for ‘‘(5 App. U.S.C. 1 et
seq.)’’, was executed by making substitution for ‘‘(5
U.S.C. App. 1 et seq.)’’, to reflect the probable intent of
Congress.
1996—Subsec. (e)(1). Pub. L. 104–324 substituted ‘‘2000’’
for ‘‘1994’’.
1991—Subsec. (e)(1). Pub. L. 102–241 substituted ‘‘1994’’
for ‘‘1992’’.
1989—Subsec. (b)(2). Pub. L. 101–225 inserted provision
that Secretary not seek or use information concerning
political affiliation in making appointments.

Page 91

EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–241, title IX, § 901(g), July 11, 2006, 120
Stat. 564, provided that the amendment made by section 901(g) is effective Aug. 9, 2004.
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.
INITIAL APPOINTMENTS TO COMMERCIAL FISHING
INDUSTRY ADVISORY COMMITTEE
Pub. L. 100–424, § 2(b), Sept. 9, 1988, 102 Stat. 1589, provided that:
‘‘(1) TERMS OF INITIAL APPOINTMENTS.—Of the members first appointed to the Commercial Fishing Industry Advisory Committee under section 4508 of title 46,
United States Code (as amended by this Act)—
‘‘(A) one-third of the members shall serve a term of
one year and one-third of the members shall serve a
term of two years, to be determined by lot at the first
meeting of the Committee; and
‘‘(B) terms may be adjusted to coincide with the
Government’s fiscal year.
‘‘(2) COMPLETION OF INITIAL APPOINTMENTS.—The Secretary shall complete appointment of members pursuant to this subsection not later than 90 days after the
date of the enactment of this Act [Sept. 9, 1988].’’

CHAPTER 47—ABANDONMENT OF BARGES
Sec.

4701.
4702.
4703.
4704.
4705.

§ 4704

TITLE 46—SHIPPING

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.)
AMENDMENTS
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’’.
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
1 year after the date of enactment of this title [Nov. 4,
1992].’’
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.)
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.
(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
that if the barge is not removed it will be removed at the owner’s or operator’s expense.
(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.
(b) The owner or operator of an abandoned
barge is liable, and an abandoned barge is liable