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§ 6301

TITLE 46—SHIPPING

PLAN TO INCREASE MARINE CASUALTY REPORTING
Pub. L. 104–324, title III, § 314(a), Oct. 19, 1996, 110 Stat.
3922, provided that: ‘‘Not later than one year after enactment of this Act [Oct. 19, 1996], the Secretary of
Transportation shall, in consultation with appropriate
State agencies, submit to the Committee on Resources
[now Committee on Natural Resources] of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a plan to increase reporting of vessel accidents to appropriate
State law enforcement officials.’’

(d) The Secretary may delegate to a qualified
person that has knowledge and experience in the
collection of statistical insurance data the authority of the Secretary under this section to
compile statistics from insurers.
(Added Pub. L. 100–424, § 4(a), Sept. 9, 1988, 102
Stat. 1590.)
CHAPTER 63—INVESTIGATING MARINE
CASUALTIES
Sec.

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

Source section (U.S. Code)

6103 ..............................................

33:361
33:362

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

§ 6104. Commercial fishing industry vessel casualty statistics
(a) The Secretary shall compile statistics concerning marine casualties from data compiled
from insurers of fishing vessels, fish processing
vessels, and fish tender vessels.
(b) A person underwriting primary insurance
for a fishing vessel, fish processing vessel, or
fish tender vessel shall submit periodically to
the Secretary data concerning marine casualties
that is required by regulations prescribed by the
Secretary.
(c) After consulting with the insurance industry, the Secretary shall prescribe regulations
under this section to gather a statistical base
for analyzing vessel risks.

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

Investigation of marine casualties.
Public investigations.
Rights of parties in interest.
Subpena authority.
Reports of investigations.
Penalty.
Notifications to Congress.
Information barred in legal proceedings.
HISTORICAL AND REVISION NOTES

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

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

Source section (U.S. Code)
46:239