
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC4502]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
       CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS
 
Sec. 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) a buoyant apparatus, if the vessel is of a type required by 
    regulations prescribed by the Secretary to be equipped with that 
    apparatus;
        (7) alerting and locating equipment, including emergency 
    position indicating radio beacons, on vessels that operate 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
        (8) 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 documented vessels to which this chapter applies 
that--
        (A) operate beyond the Boundary Line;
        (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) lifeboats or liferafts 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) radio communications equipment sufficient to effectively 
    communicate with land-based search and rescue facilities;
        (E) navigation equipment, including compasses, radar reflectors, 
    nautical charts, and anchors;
        (F) first aid equipment, including medicine chests; and
        (G) other equipment required to minimize the risk of injury to 
    the crew during vessel operations, if the Secretary determines that 
    a risk of serious injury exists that can be eliminated or mitigated 
    by that equipment.

    (c)(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, 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.

(Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98 Stat. 
447; amended Pub. L. 98-557, Sec. 33(a), Oct. 30, 1984, 98 Stat. 2876; 
Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1585; Pub. L. 101-
595, title VI, Sec. 602(c), Nov. 16, 1990, 104 Stat. 2990; Pub. L. 104-
324, title III, Sec. 307, Oct. 19, 1996, 110 Stat. 3918; Pub. L. 105-
383, title III, Sec. 301(b)(5), Nov. 13, 1998, 112 Stat. 3417.)


                               Amendments

    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, Sec. 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, Sec. 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, Sec. 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''.


                    Effective Date of 1990 Amendment

    Section 602(f) of Pub. L. 101-595, 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

    Section 5(a) of Pub. L. 100-424 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.
    Section 5(b) of Pub. L. 100-424 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 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.

                  Section Referred to in Other Sections

    This section is referred to in section 4506 of this title.
