,i #aafth ,,congress #ast ,session ,h4 ,r4 #cadj ,,in ,,the ,,house ,,of ,,representatives ,june #e1 #bjai,mr4 ,pappas introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend title #df1 ,united ,states ,code1 to set standards for the operation of uninspected commercial fishing vessels1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,commercial ,fishing ,industry ,vessel ,clarification ,act4 #b4 ,uninspected commercial fishing industry vessels 7a7 ,in general ,subtitle ,,ii of title #df1 ,united ,states ,code1 is amended by striking chapter #de and inserting the following3 #de ,uninspected ,commercial ,industry ,vessels ,sec4 #deja4 ,application4 #dejb4 ,definitions4 #dejc4 ,safety standards4 #dejd4 ,vessel construction4 #deje4 ,operating stability4 #dejf4 ,training4 #dejg4 ,vessel certification4 #dejh4 ,alternate safety compliance program4 #deji4 ,substitute safety compliance program4 #deaj4 ,enhanced substitute safety compliance program4 #deaa4 ,prohibited acts4 #deab4 ,termination of unsafe operations4 #deac4 ,penalties4 #dead4 ,compliance2 ,secretary actions4 #deae4 ,exemptions4 #deaf4 ,regulations2 considerations and limitations4 #deag4 ,fishing safety grants4 #deja4 ,application 7a7 ,in general ,except as provided in subsection 7b71 this chapter applies to an uninspected vessel that is a fishing vessel1 fish processing vessel1 or fish tender vessel4 7b7 ,carriage of bulk dangerous cargoes ,this chapter does not apply to the carriage of bulk dangerous cargoes regulated under chapter #cg4 #dejb4 ,definitions ,in this chapter3 7#a7 ,the term accountable vessel means a vessel to which this chapter applies that-- 7,a7 7i7 was built after ,december #ca1 #aihh1 or undergoes a major conversion completed after that date2 and 7ii7 operates with more than #af individuals on board2 or 7,b7 in the case of a fish tender vessel1 engages in the ,aleutian trade4 7#b7 ,the term auxiliary craft means a vessel that is carried onboard a fishing vessel and is normally used to support fishing operations4 7#c7 7,a7 ,the term built means1 with respect to a vessel1 that the vessel's construction has reached any of the following stages3 7i7 ,the vessel's keel is laid4 7ii7 ,construction identifiable with the vessel has begun and assembly of that vessel has commenced comprising of at least #ej metric tons or one percent of the estimated mass of all structural material1 whichever is less4 7,b7 ,in the case of a vessel greater than #gi feet in overall length1 for purposes of subparagraph 7,a77i71 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 vessel4 7#d7 ,the term subject vessel means a vessel to which this chapter applies that-- 7,a7 operates beyond #c nautical miles from the baseline from which the territorial sea of the ,united ,states is measured or beyond #c nautical miles from the coastline of the ,great ,lakes2 7,b7 operates with more than #af individuals on board2 or 7,c7 in the case of a fish tender vessel1 engages in the ,aleutian trade4 7#e7 ,the term substitute-eligible vessel means a fishing vessel or fish tender vessel that is-- 7,a7 a subject vessel2 7,b7 at least #ej feet overall in length1 and not more than #ahj feet overall in length as listed on the vessel's certificate of documentation or certificate of number2 and 7,c7 built after ,february #h1 #bjaf4 #dejc4 ,safety standards 7a7 ,in general ,the ,secretary shall prescribe regulations that require that each vessel to which this chapter applies shall be equipped with-- 7#a7 readily accessible fire extinguishers capable of promptly and effectively extinguishing a flammable or combustible liquid fuel fire2 7#b7 at least one readily accessible life preserver or other lifesaving device for each individual on board2 7#c7 an efficient flame arrestor1 backfire trap1 or other similar device on the carburetors of each inboard engine that uses gasoline as fuel2 7#d7 the means to properly and efficiently ventilate enclosed spaces1 including engine and fuel tank compartments1 so as to remove explosive or flammable gases2 7#e7 visual distress signals2 7#f7 other equipment required to minimize the risk of injury to the crew during vessel operations1 if the ,secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment2 and 7#g7 a placard as required by regulations prescribed under section #ajfjc7;b74 7b7 ,subject vessels ,in addition to the requirements of subsection 7a71 the ,secretary shall prescribe regulations requiring that subject vessels install1 maintain1 and use the following equipment3 7#a7 ,alerting and locating equipment1 including emergency position indicating radio beacons4 7#b7 7,a7 ,subject to subparagraph 7,b71 a survival craft that-- 7i7 ensures that no part of an individual is immersed in water2 and 7ii7 is sufficient to accommodate all individuals on board4 7,b7 ,except for a nonapplicable vessel1 an auxiliary craft shall satisfy the equipment requirement under paragraph 7#b77;,b7 if such craft is-- 7i7 necessary for normal fishing operations2 7ii7 readily accessible during an emergency2 and 7iii7 capable1 in accordance with the ,coast ,guard capacity rating1 when applicable1 of safely holding all individuals on board the vessel to which the craft functions as an auxiliary4 7#c7 ,at least one readily accessible immersion suit for each individual on board the vessel when operating on the waters described in section #cajb4 7#d7 ,marine radio communications equipment sufficient to effectively communicate with a land-based search and rescue facility4 7#e7 ,navigation equipment1 including compasses1 nautical charts1 and publications4 7#f7 ,first aid equipment and medical supplies sufficient for the size and area of operation of the vessel4 7#g7 ,ground tackle sufficient for the vessel4 7c7 ,accountable vessels ,in addition to the requirements described in subsections 7a7 and 7b71 the ,secretary may prescribe regulations establishing minimum safety standards for accountable vessels1 including standards relating to-- 7#a7 navigation equipment1 including radars and fathometers2 7#b7 lifesaving equipment1 immersion suits1 signaling devices1 bilge pumps1 bilge alarms1 life rails1 and grab rails2 7#c7 fire protection and firefighting equipment1 including fire alarms and portable and semiportable fire extinguishing equipment2 7#d7 use and installation of insulation material2 7#e7 storage methods for flammable or combustible material2 and 7#f7 fuel1 ventilation1 and electrical systems4 #dejd4 ,vessel construction ,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 #dcjb1 if the vessel is-- 7#a7 is a subject vessel2 7#b7 less than #ej feet overall in length2 and 7#c7 built after ,january #a1 #bjaj4 #deje4 ,operating stability 7a7 ,regulations ,the ,secretary shall prescribe regulations for the operating stability of a vessel to which this chapter applies-- 7#a7 that was built after ,december #ca1 #aihi2 or 7#b7 the physical characteristics of which are substantially altered after ,december #ca1 #aihi1 in a manner that affects the vessel's operating stability4 7b7 ,evidence of compliance ,the ,secretary may accept1 as evidence of compliance with this section1 a certification of compliance issued by the person providing insurance for the vessel or by another qualified person approved by the ,secretary4 #dejf4 ,training 7a7 ,in general ,the individual in charge of a subject vessel must pass a training program approved by the ,secretary that meets the requirements of subsection 7b7 and hold a valid certificate issued under that program4 7b7 ,training program requirements ,the training program shall-- 7#a7 be based on professional knowledge and skill obtained through sea service and hands-on training1 including training in seamanship1 stability1 collision prevention1 navigation1 firefighting and prevention1 damage control1 personal survival1 emergency medical care1 emergency drills1 and weather2 7#b7 require an individual to demonstrate ability to communicate in an emergency situation and understand information found in navigation publications2 7#c7 recognize and give credit for recent past experience in fishing vessel operation2 and 7#d7 provide for issuance of a certificate to an individual who has successfully completed the program4 7c7 ,regulations ,the ,secretary shall prescribe regulations implementing this subsection4 ,the regulations shall require that an individual who is issued a certificate under subsection 7b77#d7 must complete refresher training at least once every #e years as a condition of maintaining the validity of the certificate4 7d7 ,electronic database ,the ,secretary shall establish an electronic database listing the names of individuals who have participated in and received a certificate confirming successful completion of a training program approved by the ,secretary under this section4 #dejg4 ,vessel certification 7a7 ,in general ,a vessel to which this section applies may not be operated unless the vessel-- 7#a7 meets all survey and classification requirements prescribed by the ,american ,bureau of ,shipping or another similarly qualified organization approved by the ,secretary2 and 7#b7 has on board a certificate issued by the ,american ,bureau of ,shipping or such other organization evidencing compliance with this subsection4 7b7 ,application 7#a7 ,except as provided in section #deji1 this section applies to a fish processing vessel to which this chapter applies that-- 7,a7 is built after ,july #bg1 #aiij2 or 7,b7 undergoes a major conversion completed after that date4 7#b7 7,a7 ,except as provided in subparagraph 7,b71 this section applies to a subject vessel that is at least #ej feet overall in length and is built after ,july #a1 #bjac4 7,b7 ,this section does not apply to a substitute-eligible vessel if such vessel complies with-- 7i7 the substitute safety compliance program established under section #deji2 or 7ii7 the enhanced substitute safety compliance program established by the ,secretary under section #deaj4 #dejh4 ,alternate safety compliance program 7a7 ,in general 7#a7 ,the ,secretary shall establish an alternate safety compliance program developed in coordination with the commercial fishing industry4 7#b7 ,the program established under paragraph 7#a7 may include requirements for-- 7,a7 a specific region or fishery 7or both72 and 7,b7 any combination of regions or fisheries 7or both74 7b7 ,vessels required ,to comply ,beginning on the date that is #c years after the date the ,secretary prescribes an alternate safety compliance program1 the following vessels shall comply with such program3 7#a7 ,a subject vessel that is-- 7,a7 at least #ej feet overall in length2 7,b7 built before ,july #a1 #bjac2 and 7,c7 #be years of age or older4 7#b7 ,a fishing vessel1 fish processing vessel1 or fish tender vessel built before ,july #a1 #bjac1 that undergoes a major conversion completed after the date the ,secretary prescribes an alternate safety compliance program4 7c7 ,exempt vessels 7#a7 ,notwithstanding subsection 7b71 vessels owned by a person that owns more than #cj vessels subject to that subsection are not required to comply with alternate safety compliance program requirements until ,january #a1 #bjcj1 if that owner-- 7,a7 enters into a compliance agreement with the ,secretary that provides for a fixed schedule for all such vessels owned by that person to meet requirements of such paragraph by such date2 and 7,b7 is meeting such schedule4 7#b7 ,a subject vessel that was classed before ,july #a1 #bjab1 is exempt from the requirements of this section if such vessel-- 7,a7 remains subject to the requirements of a classification society approved by the ,secretary2 and 7,b7 has on board a certificate from that society4 #deji4 ,substitute safety compliance program 7a7 ,in general ,the ,secretary shall establish a substitute safety compliance program for substitute-eligible vessels that includes the following requirements3 7#a7 ,a substitute-eligible vessel shall be designed by an individual licensed by a ,state as a naval architect or marine engineer1 and the design shall incorporate standards equivalent to those prescribed by a classification society to which the ,secretary has delegated authority under section #ccaf or another qualified organization approved by the ,secretary for purposes of this paragraph4 7#b7 ,construction of a substitute-eligible vessel shall be overseen and certified as being in accordance with its design by a marine surveyor of an organization accepted by the ,secretary4 7#c7 ,a substitute-eligible vessel shall-- 7,a7 complete a stability test performed by a qualified individual2 7,b7 have written stability and loading instructions from a qualified individual that are provided to the owner or operator2 and 7,c7 have an assigned loading mark4 7#d7 ,a substitute-eligible vessel shall not be 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 alteration4 7#e7 ,a substitute-eligible vessel shall undergo a condition survey at least twice in #e years1 with not more than #c years between surveys1 to the satisfaction of a marine surveyor of an organization accepted by the ,secretary4 7#f7 ,a substitute-eligible vessel shall undergo an out-of-water survey at least once every #e years to the satisfaction of a certified marine surveyor of an organization accepted by the ,secretary4 7#g7 ,once every #e years1 and at the time of a substantial alteration to a substitute-eligible vessel1 compliance of the vessel with the requirements of paragraph 7#c7 is reviewed and updated as necessary4 7#h7 ,for the life of a substitute-eligible vessel1 the owner of the vessel shall maintain records to demonstrate compliance with this subsection and make such records readily available for inspection by an official authorized to enforce this chapter4 7b7 ,compliance ,section #dejg of this title shall not apply to a substitute-eligible vessel that complies with the requirements of the program established under this section4 7c7 ,report ,not later than ,february #h1 #bjbf1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that provides an analysis of the adequacy of the substitute safety compliance program requirements established under subsection 7a7 in maintaining the safety of substitute-eligible fishing vessels and fish tender vessels and that comply with such requirements4 #deaj4 ,enhanced substitute safety compliance program 7a7 ,in general ,if the report required under section #deji7;c7 includes a determination that the substitute safety compliance program established under section #deji7;a7 is not adequate or that additional safety measures are necessary1 then the ,secretary may establish an enhanced substitute safety compliance program for fishing vessels or fish tender vessels 7or both7 that are substitute-eligible vessels and that comply with the requirements of section #deji4 7b7 ,requirements ,the enhanced substitute safety compliance program established under this subsection shall include requirements for-- 7#a7 vessel construction2 7#b7 a vessel stability test2 7#c7 vessel stability and loading instructions2 7#d7 an assigned vessel loading mark2 7#e7 a vessel condition survey at least twice in #e years1 not more than #c years apart2 7#f7 an out-of-water vessel survey at least once every #e years2 7#g7 maintenance of records to demonstrate compliance with the program1 and the availability of such records for inspection2 and 7#h7 such other aspects of vessel safety as the ,secretary considers appropriate4 7c7 ,compliance ,section #dejg shall not apply to a substitute-eligible vessel that complies with the requirements of the program established under this section4 #deaa4 ,prohibited acts ,a person may not operate a vessel in violation of this chapter or a regulation prescribed under this chapter4 #deab4 ,termination of unsafe operations ,an official authorized to enforce this chapter-- 7#a7 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 condition1 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 ended2 and 7#b7 may order the individual in charge of an uninspected fish processing vessel that does not have on board the certificate required under section #dejg to return the vessel to a mooring and to remain there until the vessel is in compliance with such section1 unless the vessel is required to comply with section #dejh4 #deac4 ,penalties 7a7 ,civil penalty ,the owner1 charterer1 managing operator1 agent1 master1 and individual in charge of a vessel to which this chapter applies that 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 #aj1bfj4 ,any vessel with respect to which a penalty is assessed under this subsection is liable in rem for the penalty4 7b7 ,criminal penalties ,an individual willfully violating this chapter or a regulation prescribed under this chapter shall be fined not more than #e1jjj1 imprisoned for not more than one year1 or both4 #dead4 ,compliance2 ,secretary actions ,to ensure compliance with the requirements of this chapter1 the ,secretary-- 7#a7 shall require the individual in charge of a subject vessel to keep a record of equipment maintenance1 and required instruction and drills2 7#b7 shall examine at dockside a subject vessel at least once every #e years1 but may require an exam at dockside every #b years for certain subject vessels if requested by the owner or operator2 and 7#c7 shall issue a certificate of compliance to a vessel meeting the requirements of this chapter and satisfying the requirements of paragraph 7#b74 #deae4 ,exemptions ,the ,secretary may exempt a vessel from any part of this chapter if1 under regulations prescribed by the ,secretary 7including regulations on special operating conditions71 the ,secretary finds that-- 7#a7 good cause exists for granting an exemption2 and 7#b7 the safety of the vessel and those on board will not be adversely affected4 #deaf4 ,regulations2 considerations and limitations ,in prescribing a regulation under this chapter1 the ,secretary-- 7#a7 shall consider the specialized nature and economics of the operations and the character1 design1 and construction of the vessel2 and 7#b7 may not require the alteration of a vessel or associated equipment that was constructed or manufactured before the effective date of such regulation4 #deag4 ,fishing safety grants 7a7 ,safety training grants 7#a7 ,establishment ,the ,secretary of ,health and ,human ,services shall establish a ,fishing ,safety ,training ,grant ,program to provide funding to municipalities1 port authorities1 other appropriate public entities1 not-for-profit organizations1 and other qualified persons that provide commercial fishing safety training4 7#b7 ,use of funds ,entities receiving funds under this section may use such funds-- 7,a7 to conduct fishing vessel safety training for vessel operators and crewmembers that-- 7i7 in the case of vessel operators1 meets the requirements of section #dejf2 and 7ii7 in the case of crewmembers1 meets the requirements of sections #dejf7;b77#a71 #dejf7;b77#d71 #dejf7;c71 and #dejf7;d71 and such requirements of section #dejf7;b77#b7 as are appropriate for crewmembers2 and 7,b7 for purchase of safety equipment and training aids for use in such fishing vessel safety training programs4 7#c7 ,award criteria ,the ,secretary of ,health and ,human ,services1 in consultation with and based on criteria established by the ,commandant of the ,coast ,guard1 shall award grants under this subsection on a competitive basis4 7#d7 ,limitation on ,federal share of cost ,the ,federal share of the cost of any activity carried out with a grant under this subsection shall not exceed #ej percent4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated #c1jjj1jjj for each of fiscal years #bjbj and #bjba for grants under this subsection4 7b7 ,research grant program 7#a7 ,establishment ,the ,secretary of ,health and ,human ,services shall establish a ,fishing ,safety ,research ,grant ,program to provide funding to individuals in academia1 nonprofit organizations1 businesses involved in fishing and maritime matters1 and other persons with expertise in fishing safety1 to conduct research on methods of improving the safety of the commercial fishing industry1 including vessel design1 emergency and survival equipment1 enhancement of vessel monitoring systems1 communications devices1 de-icing technology1 and severe weather detection4 7#b7 ,award criteria ,the ,secretary of ,health and ,human ,services1 in consultation with and based on criteria established by the ,commandant of the ,coast ,guard1 shall award grants under this subsection on a competitive basis4 7#c7 ,limitation on ,federal share of cost ,the ,federal share of the cost of any activity carried out with a grant under this subsection shall not exceed #ej percent4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated #c1jjj1jjj for each fiscal year #bjbj and #bjba for activities under this subsection4 4 7b7 ,conforming amendment ,section #cajd7;d7 of title #df1 ,united ,states ,code1 is amended by striking under section #dejc7;d7 and inserting under section #dejb7c74 7c7 ,safety standards ,not later than #ij days after the date of the enactment of this ,act1 and without regard to the provisions of chapters #e and #f of title #e1 ,united ,states ,code1 the ,secretary of the department in which the ,coast ,guard is operating shall promulgate the regulations required by section #dejc7;b7 of title #df1 ,united ,states ,code1 as amended by this section4