§ 4503. Fishing, fish tender, and fish processing vessel certification

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Commercial Fishing Industry Vessel Act

   Pub. L. 98–364 title IV § 402(7)(C) · 98 Stat. 440

   Enacted · 46 U.S.C. § 4503

   Added Pub. L. 98–364, title IV, § 402(7)(C), July 17, 1984, 98 Stat. 447

   Source evidence

   Code source credit
   Added Pub. L. 98–364, title IV, § 402(7)(C), July 17, 1984, 98 Stat. 447

   Enacted provision · exact public law section
   (C) Part B is amended by adding the following immediately after chapter 43: “CHAPTER 45— FISH PROCESSING VESSELS “Sec. “4501. Application. “4502. Regulations. “4503. Equivalency. “4504. Penalties. “§ 4501. Application “(a) This chapter applies to an uninspected fish processing vessel entered into service after December 31, 1987, and having more than 16 individuals on board primarily employed in the preparation of fish or fish products— “(1) on the navigable waters of the United States; or (2) owned in the United States and operating on the high seas. “(b) This chapter does not apply to the carriage of liquid bulk dangerous cargoes regulated under chapter 37 of this title. 97 Stat. 520. 46 USC 3701 et seq. 46 USC 4502. “§ 4502. Regulations “(a) For each vessel to which this chapter applies, the Secretary shall prescribe regulations for— (1) navigation equipment, including radars, fathometers, compasses, radar reflectors, lights, sound-producing devices, nautical charts, and anchors; (2) life saving equipment, including life preservers, exposure suits, lifeboats or life rafts, emergency position indicating radio beacons, signaling devices, bilge pumps, bilge alarms, life- and grabrails, and medicine chests; (3) fire protection and firefighting equipment, including fire alarms, portable and semi-portable fire extinguishing equipment, and flame arrestors; (4) the use and installation of insulation material; (5) storage methods for flammable or combustible material; and (6) fuel, ventilation, and electrical systems. “(b) In prescribing regulations under subsection (a) of this section, the Secretary shall— (1) consider the specialized nature and economics of fish processing vessel operations and the character, design, and construction of fish processing vessels; (2) consult with representatives of the private sector having experience in the operation of these vessels to ensure the practicability of these regulations; and (3) not compel alteration of a vessel to which the exemption applies or item of equipment on that vessel, or of the construction of a vessel or manufacture of a particular item of equipment which is begun before the effective date of the regulation. “§ 4503. Equivalency “A vessel to which this chapter applies shall be deemed to comply with the requirements of this chapter if 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 currently a party and shall not be required by the Secretary to alter or replace the equipment or structural requirements required under this chapter. “§ 4504. Penalties “If a vessel to which this chapter applies is operated in violation of this chapter or a regulation prescribed under this chapter, the owner, charterer, managing operator, agent, master, and individual in charge are each liable to the United States Government for a civil penalty of not more than $1,000. The vessel also is liable in rem for the penalty.”.

2. 1984

   Coast Guard Authorization Act of 1984

   Pub. L. 98–557 § 33(b) · 98 Stat. 2860

   Substituted · 46 U.S.C. § 4503

   Pub. L. 98–557 substituted “is deemed” for “shall be deemed”

   Source evidence

   Code amendment note
   Pub. L. 98–557 substituted “is deemed” for “shall be deemed”.

   Enacted provision · exact public law section
   (b) Section 4503 of title 46, United States Code, is amended by striking “shall be deemed” and inserting in lieu thereof “is deemed”.

3. 1988

   Commercial Fishing Industry Vessel Safety Act of 1988

   Pub. L. 100–424 § 2(a) · 102 Stat. 1585

   1. Amended · 46 U.S.C. § 4503

      Pub. L. 100–424 amended section generally

   2. Substituted · 46 U.S.C. § 4503

      Pub. L. 100–424 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) In General.— Chapter 45 of title 46, United States Code, is amended to read as follows: “CHAPTER 45— UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS “Sec. “4501. Application. “4502. Safety standards. “4503. Fish processing vessel certification. “4504. Prohibited acts. “4505. Termination of unsafe operations. “4506. Exemptions. “4507. Penalties. “4508. Commercial Fishing Industry Vessel Advisory Committee. “§ 4501. Application “(a) This chapter applies to an uninspected vessel which is a fishing vessel, fish processing vessel, or fish tender vessel. “(b) This chapter does not apply to the carriage of bulk dangerous cargoes regulated under chapter 37 of this title. “§ 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 on the high seas; and “(8) a placard as required by regulations prescribed under section 10603(b) of this title. “(b) In addition to the requirements of subsection (a) of this section, the Secretary shall prescribe regulations for documented vessels to which this chapter applies that operate beyond the Boundary Line or that operate with more than 16 individuals on board, for the installation, maintenance, and use of— “(1) alerting and locating equipment, including emergency position indicating radio beacons; “(2) lifeboats or life rafts sufficient to accommodate all individuals on board; “(3) at least one readily accessible immersion suit for each individual on board that vessel when operating on the waters described in section 3102 of this title; “(4) radio communications equipment sufficient to effectively communicate with land-based search and rescue facilities; “(5) navigation equipment, including compasses, radar reflectors, nautical charts, and anchors; “(6) first aid equipment, including medicine chests; and “(7) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment. “(c) In addition to the requirements described in subsections (a) and (b) of this section, the Secretary may prescribe regulations establishing minimum safety standards for vessels to which this chapter applies that were built after December 31, 1988, or that undergo a major conversion completed after that date, and that operate with more than 16 individuals on board, including standards relating to— “(1) navigation equipment, including radars and fathometers; “(2) life saving equipment, immersion suits, signaling devices, bilge pumps, bilge alarms, life rails, and grab rails; “(3) fire protection and firefighting equipment, including fire alarms and portable and semiportable fire extinguishing equipment; “(4) use and installation of insulation material; “(5) storage methods for flammable or combustible material; and “(6) fuel, ventilation, and electrical systems. “(d) (1) The Secretary shall prescribe regulations for the operating stability of a vessel to which this chapter applies— “(A) that was built after December 31, 1989; or “(B) the physical characteristics of which are substantially altered after December 31, 1989, in a manner that affects the vessel’s operating stability. “(2) The Secretary may accept, as evidence of compliance with this subsection, a certification of compliance issued by the person providing insurance for the vessel or by another qualified person approved by the Secretary. “(e) In prescribing regulations under this chapter, the Secretary— “(1) shall consider the specialized nature and economics of the operations and the character, design, and construction of the vessel; and “(2) may not require the alteration of a vessel or associated equipment that was constructed or manufactured before the effective date of the regulation. “(f) The Secretary shall examine a fish processing vessel at least once every two years to ensure that the vessel complies with the requirements of this chapter. “§ 4503. Fish processing vessel certification “(a) A fish processing vessel to which this section applies may not be operated unless the vessel— “(1) meets all survey and classification requirements prescribed by the American Bureau of Shipping or another similarly qualified organization approved by the Secretary; and “(2) has on board a certificate issued by the American Bureau of Shipping or that other organization evidencing compliance with this subsection. “(b) This section applies to a fish processing vessel to which this chapter applies that— “(1) is built after July 27, 1990; or “(2) undergoes a major conversion completed after that date. “§ 4504. Prohibited acts “A person may not operate a vessel in violation of this chapter or a regulation prescribed under this chapter. “§ 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 not have on board the certificate required under section 4503(1) of this title to return the vessel to a mooring and to remain there until the vessel is in compliance with that section. “§ 4506. Exemptions “(a) The Secretary may exempt a vessel from any part of this chapter if, under regulations prescribed by the Secretary (including regulations on special operating conditions), the Secretary 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. “(b) A vessel to which this chapter applies is exempt from section 4502(b)(2) of this title if it— “(1) is less than 36 feet in length; and “(2) is not operating on the high seas. “§ 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. “§ 4508. Commercial Fishing Industry Vessel Advisory Committee “(a) The Secretary shall establish a Commercial Fishing Industry Vessel 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 seventeen members with particular expertise, knowledge, and experience regarding the commercial fishing industry as follows: “(A) ten members from the commercial fishing industry 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 an uninspected fish processing vessel; “(B) 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; “(C) one member representing each of— “(i) naval architects or marine surveyors; “(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; and “(iv) underwriters that insure 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. “(3) (A) A member of the Committee shall serve a term of three years. “(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 U.S.C. App. 1 et Termination date. seq.) applies to the Committee, except that the Committee terminates on September 30, 1992. “(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.”.

4. 2010

   Maritime Safety Act of 2010

   Pub. L. 111–281 § 604(e)(1)(A) · 124 Stat. 2905

   Substituted · 46 U.S.C. § 4503

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (A) by striking the section heading and inserting the following: “§ 4503. Fishing, fish tender, and fish processing vessel certification” ;

5. 2010

   Maritime Safety Act of 2010

   Pub. L. 111–281 § 604(e)(1)(B) · 124 Stat. 2905

   Struck · 46 U.S.C. § 4503(a)

   Pub. L. 111–281, § 604(e)(1)(B), struck out “fish processing” before “vessel to which this section applies” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–281, § 604(e)(1)(B), struck out “fish processing” before “vessel to which this section applies” in introductory provisions.

   Enacted provision · exact public law section
   (B) in subsection (a) by striking “fish processing”; and

6. 2010

   Maritime Safety Act of 2010

   Pub. L. 111–281 § 604(e)(1)(C) · 124 Stat. 2905

   Added · 46 U.S.C. § 4503(c); 46 U.S.C. § 4503(d)

   Pub. L. 111–281, § 604(e)(1)(C), added subsecs. (c) and (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 111–281, § 604(e)(1)(C), added subsecs. (c) and (d).

   Enacted provision · exact public law section
   (C) by adding at the end the following: “(c) This Applicability. 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) Effective date. 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) Effective date. Contracts. 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) Applicability. 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, shall— “(A) remain subject to the requirements of a classification society approved by the Secretary; and “(B) Certification. have on board a certificate from that society.” .

7. 2012

   Coast Guard and Maritime Transportation Act of 2012

   Pub. L. 112–213 § 305(c)(1) · 126 Stat. 1540

   Substituted · 46 U.S.C. § 4503(c)

   Pub. L. 112–213, § 305(c)(1), substituted “July 1, 2013.” for “July 1, 2012.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 112–213, § 305(c)(1), substituted “July 1, 2013.” for “July 1, 2012.”

   Enacted provision · exact public law section
   (1) in subsection (c), by striking “July 1, 2012.” and inserting “July 1, 2013.”;

8. 2012

   Coast Guard and Maritime Transportation Act of 2012

   Pub. L. 112–213 § 305(c)(2)(A) · 126 Stat. 1540

   Substituted · 46 U.S.C. § 4503(d)(1)(B)

   Pub. L. 112–213, § 305(c)(2)(A), substituted “July 1, 2013;” for “July 1, 2012;”

   Source evidence

   Code amendment note
   Subsec. (d)(1)(B). Pub. L. 112–213, § 305(c)(2)(A), substituted “July 1, 2013;” for “July 1, 2012;”.

   Enacted provision · exact public law section
   (A) in paragraph (1)(B), by striking “July 1, 2012;” and inserting “July 1, 2013;”; and

9. 2012

   Coast Guard and Maritime Transportation Act of 2012

   Pub. L. 112–213 § 305(c)(2)(B) · 126 Stat. 1540

   1. Substituted · 46 U.S.C. § 4503(d)(2)

      Pub. L. 112–213, § 305(c)(2)(B), substituted “July 1, 2013,” for “July 1, 2012,” in two places

   2. Substituted · 46 U.S.C. § 4503(d)(2)

      Pub. L. 112–213, § 305(c)(2)(B), substituted “major conversion” for “substantial change to the dimension of or type of vessel”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (B) in paragraph (2)— (i) by striking “July 1, 2012,” each place it appears and inserting “July 1, 2013,”; and (ii) by striking “substantial change to the dimension of or type of vessel” and inserting “major conversion”; and

10. 2012

    Coast Guard and Maritime Transportation Act of 2012

    Pub. L. 112–213 § 305(c)(3) · 126 Stat. 1540

    Added · 46 U.S.C. § 4503(e)

    Pub. L. 112–213, § 305(c)(3), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 112–213, § 305(c)(3), added subsec. (e).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(e) Definition. 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.” .

11. 2016

    Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 318(a)(1) · 130 Stat. 27

    Substituted · 46 U.S.C. § 4503(a)

    Pub. L. 114–120, § 318(a)(1), substituted “this subsection” for “this section” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 114–120, § 318(a)(1), substituted “this subsection” for “this section” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “this section” and inserting “this subsection”;

    Effective date note
    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 2182 of Title 14, Coast Guard.

12. 2016

    Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 318(a)(2) · 130 Stat. 27

    Substituted · 46 U.S.C. § 4503(b)

    Pub. L. 114–120, § 318(a)(2), substituted “Except as provided in subsection (d), subsection (a)” for “This section” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 114–120, § 318(a)(2), substituted “Except as provided in subsection (d), subsection (a)” for “This section” in introductory provisions.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “This section” and inserting “Except as provided in subsection (d), subsection (a)”;

    Effective date note
    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 2182 of Title 14, Coast Guard.

13. 2016

    Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 318(a)(3) · 130 Stat. 27

    1. Amended · 46 U.S.C. § 4503(c)

       Pub. L. 114–120, § 318(a)(3), designated existing provisions as par. (1)

    2. Substituted · 46 U.S.C. § 4503(c)

       Pub. L. 114–120, § 318(a)(3), substituted “Except as provided in paragraph (2), subsection (a)” for “This section”

    3. Added · 46 U.S.C. § 4503(c)

       Pub. L. 114–120, § 318(a)(3), added par. (2)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (3) in subsection (c)— (A) by striking “This section” and inserting “(1) Except as provided in paragraph (2), subsection (a)”; and (B) by adding at the end the following: “(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 79 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 2015; and “(ii) complies with— “(I) the requirements described in subsection (e); or “(II) the alternative requirements established by the Secretary under subsection (f).” ; and

    Effective date note
    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 2182 of Title 14, Coast Guard.

14. 2016

    Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 318(a)(4) · 130 Stat. 27

    Redesignated · 46 U.S.C. § 4503(e)

    Pub. L. 114–120, § 318(a)(4), added subsec. (e). Former subsec. (e) redesignated (g)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 114–120, § 318(a)(4), added subsec. (e). Former subsec. (e) redesignated (g).

    Enacted provision · exact public law section
    (4) by redesignating subsection (e) as subsection (g), and inserting after subsection (d) the following: “(e) 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— “(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. “(f) (1) Deadline. Reports. Analysis. Not later than 10 years after the date of the enactment of the Coast Guard Authorization Act of 2015, 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 (e) 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 (e). “(2) Determination. If the report required under this subsection includes a determination that the safety requirements under subsection (e) are not adequate or that additional safety measures are necessary, that 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 (e). “(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.” .

    Effective date note
    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 2182 of Title 14, Coast Guard.

15. 2016

    Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 318(a)(4) · 130 Stat. 27

    Added · 46 U.S.C. § 4503(f)

    Pub. L. 114–120, § 318(a)(4), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 114–120, § 318(a)(4), added subsec. (f).

    Enacted provision · exact public law section
    (4) by redesignating subsection (e) as subsection (g), and inserting after subsection (d) the following: “(e) 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— “(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. “(f) (1) Deadline. Reports. Analysis. Not later than 10 years after the date of the enactment of the Coast Guard Authorization Act of 2015, 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 (e) 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 (e). “(2) Determination. If the report required under this subsection includes a determination that the safety requirements under subsection (e) are not adequate or that additional safety measures are necessary, that 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 (e). “(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.” .

    Effective date note
    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 2182 of Title 14, Coast Guard.

16. 2016

    Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 318(a)(4) · 130 Stat. 27

    Redesignated · 46 U.S.C. § 4503(g)

    Pub. L. 114–120, § 318(a)(4), redesignated subsec. (e) as (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 114–120, § 318(a)(4), redesignated subsec. (e) as (g).

    Enacted provision · exact public law section
    (4) by redesignating subsection (e) as subsection (g), and inserting after subsection (d) the following: “(e) 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— “(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. “(f) (1) Deadline. Reports. Analysis. Not later than 10 years after the date of the enactment of the Coast Guard Authorization Act of 2015, 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 (e) 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 (e). “(2) Determination. If the report required under this subsection includes a determination that the safety requirements under subsection (e) are not adequate or that additional safety measures are necessary, that 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 (e). “(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.” .

    Effective date note
    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 2182 of Title 14, Coast Guard.

17. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 3503(a) · 130 Stat. 2000

    Substituted · 46 U.S.C. § 4503(c)(2)(B)(i)

    Pub. L. 114–328, § 3503(a), substituted “Coast Guard Authorization Act of 2016” for “Coast Guard Authorization Act of 2015”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (a) Short Title Correction.— The Coast Guard Authorization Act of 2015 (Public Law 114–120) is amended by striking “Coast Guard Authorization Act of 2015” each place it appears (including in quoted material) and inserting “Coast Guard Authorization Act of 2016”.

    Effective date note
    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 2182 of Title 14, Coast Guard.

18. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 3503(a) · 130 Stat. 2000

    Substituted · 46 U.S.C. § 4503(f)(1)

    Pub. L. 114–328, § 3503(a), substituted “Coast Guard Authorization Act of 2016” for “Coast Guard Authorization Act of 2015”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 114–328, § 3503(a), substituted “Coast Guard Authorization Act of 2016” for “Coast Guard Authorization Act of 2015”.

    Enacted provision · exact public law section
    (a) Short Title Correction.— The Coast Guard Authorization Act of 2015 (Public Law 114–120) is amended by striking “Coast Guard Authorization Act of 2015” each place it appears (including in quoted material) and inserting “Coast Guard Authorization Act of 2016”.

    Effective date note
    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 2182 of Title 14, Coast Guard.

19. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 3503(b)(2) · 130 Stat. 2000

    Substituted · 46 U.S.C. § 4503(f)(2)

    Pub. L. 114–328, § 3503(b)(2), substituted “, then” for “, that”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 114–328, § 3503(b)(2), substituted “, then” for “, that”.

    Enacted provision · exact public law section
    (2) Vessel certification.— Section 4503(f)(2) of title 46, United States Code, is amended by striking “, that” and inserting “, then”.

    Effective date note
    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 2182 of Title 14, Coast Guard.

20. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 508(b)(2) · 132 Stat. 4192

    Substituted · 46 U.S.C. § 4503(b)

    Pub. L. 115–282, § 508(b)(2), substituted “section 4503a” for “subsection (d)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–282, § 508(b)(2), substituted “section 4503a” for “subsection (d)” in introductory provisions.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “subsection (d)” and inserting “section 4503a”;

21. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 507(a) · 132 Stat. 4192

    Substituted · 46 U.S.C. § 4503(c)(2)(A)

    Pub. L. 115–282, § 507(a), substituted “180” for “79”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 115–282, § 507(a), substituted “180” for “79”.

    Enacted provision · exact public law section
    (a) Nonapplication.— Section 4503(c)(2)(A) of title 46, United States Code, is amended by striking “79” and inserting “180”.

22. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 508(b)(3) · 132 Stat. 4192

    Substituted · 46 U.S.C. § 4503(c)(2)(B)(ii)(I)

    Pub. L. 115–282, § 508(b)(3), substituted “subsection (d)” for “subsection (e)”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B)(ii)(I). Pub. L. 115–282, § 508(b)(3), substituted “subsection (d)” for “subsection (e)”.

    Enacted provision · exact public law section
    (3) in subsection (c)(2)(B)(ii)(I), by striking “subsection (e)” and inserting “subsection (d)”;

23. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 508(b)(4) · 132 Stat. 4192

    Substituted · 46 U.S.C. § 4503(c)(2)(B)(ii)(II)

    Pub. L. 115–282, § 508(b)(4), substituted “subsection (e)” for “subsection (f)”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B)(ii)(II). Pub. L. 115–282, § 508(b)(4), substituted “subsection (e)” for “subsection (f)”.

    Enacted provision · exact public law section
    (4) in subsection (c)(2)(B)(ii)(II), by striking “subsection (f)” and inserting “subsection (e)”;

24. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 508(b)(1) · 132 Stat. 4192

    Redesignated · 46 U.S.C. § 4503(d)

    Pub. L. 115–282, § 508(b)(1), redesignated subsec. (e) as (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–282, § 508(b)(1), redesignated subsec. (e) as (d).

    Enacted provision · exact public law section
    (1) by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively;

25. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 508(a) · 132 Stat. 4192

    Redesignated · 46 U.S.C. § 4503(d)

    Pub. L. 115–282, § 508(a), redesignated subsec. (d) as section 4503a of this title

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–282, § 508(a), redesignated subsec. (d) as section 4503a of this title.

    Enacted provision · exact public law section
    (a) In General.— Section 4503(d) of title 46, United States Code, is redesignated as section 4503a and transferred to appear after section 4503 of such title.

26. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 508(b)(1) · 132 Stat. 4192

    Redesignated · 46 U.S.C. § 4503(e)

    Pub. L. 115–282, § 508(b)(1), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 115–282, § 508(b)(1), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

    Enacted provision · exact public law section
    (1) by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively;

27. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 508(b)(5) · 132 Stat. 4192

    Substituted · 46 U.S.C. § 4503(e)(1); 46 U.S.C. § 4503(e)(2)

    Pub. L. 115–282, § 508(b)(5), (6), substituted “subsection (d)” for “subsection (e)” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (e)(1), (2). Pub. L. 115–282, § 508(b)(5), (6), substituted “subsection (d)” for “subsection (e)” wherever appearing.

    Enacted provision · exact public law section
    (5) in subsection (e)(1), as amended by paragraph (1) of this subsection, by striking “subsection (e)” each place it appears and inserting “subsection (d)”; and

28. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 508(b)(1) · 132 Stat. 4192

    Redesignated · 46 U.S.C. § 4503(f)

    Pub. L. 115–282, § 508(b)(1), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 115–282, § 508(b)(1), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

    Enacted provision · exact public law section
    (1) by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively;

29. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 507(b) · 132 Stat. 4192

    Redesignated · 46 U.S.C. § 4503(f)

    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:

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (b) Determining When Keel Is Laid.— Section 4503(f) of title 46, United States Code, as redesignated by section 508 of this Act, is further amended to read as follows: “(f) (1) For purposes of this section and section 4503a, the term ‘built’ means, with respect to a 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.” .

30. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 508(b)(1) · 132 Stat. 4192

    Redesignated · 46 U.S.C. § 4503(g)

    Pub. L. 115–282, § 508(b)(1), redesignated subsec. (g) as (f)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 115–282, § 508(b)(1), redesignated subsec. (g) as (f).

    Enacted provision · exact public law section
    (1) by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively;

31. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 div. K title CXV § 11509(a)(2) · 136 Stat. 2395

    Substituted · 46 U.S.C. § 4503(b)

    Pub. L. 117–263 substituted “Subsection (a)” for “Except as provided in section 4503a, subsection (a)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 117–263 substituted “Subsection (a)” for “Except as provided in section 4503a, subsection (a)” in introductory provisions.

    Enacted provision · exact public law section
    (2) in section 4503(b) by striking “Except as provided in section 4503a, subsection (a)” and inserting “Subsection (a)”; and

35 of 35 references resolved to an enrolled provision