[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3140 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3140
To amend title 46, United States Code, to set standards for the
operation of uninspected commercial fishing vessels, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 5, 2019
Mr. Pappas introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 46, United States Code, to set standards for the
operation of uninspected commercial fishing vessels, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Fishing Industry Vessel
Clarification Act''.
SEC. 2. UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS.
(a) In General.--Subtitle II of title 46, United States Code, is
amended by striking chapter 45 and inserting the following:
``CHAPTER 45--UNINSPECTED COMMERCIAL INDUSTRY VESSELS
``Sec.
``4501. Application.
``4502. Definitions.
``4503. Safety standards.
``4504. Vessel construction.
``4505. Operating stability.
``4506. Training.
``4507. Vessel certification.
``4508. Alternate safety compliance program.
``4509. Substitute safety compliance program.
``4510. Enhanced substitute safety compliance program.
``4511. Prohibited acts.
``4512. Termination of unsafe operations.
``4513. Penalties.
``4514. Compliance; Secretary actions.
``4515. Exemptions.
``4516. Regulations; considerations and limitations.
``4517. Fishing safety grants.
``Sec. 4501. Application
``(a) In General.--Except as provided in subsection (b), this
chapter applies to an uninspected vessel that is a fishing vessel, fish
processing vessel, or fish tender vessel.
``(b) Carriage of Bulk Dangerous Cargoes.--This chapter does not
apply to the carriage of bulk dangerous cargoes regulated under chapter
37.
``Sec. 4502. Definitions
``In this chapter:
``(1) The term `accountable vessel' means a vessel to which
this chapter applies that--
``(A)(i) was built after December 31, 1988, or
undergoes a major conversion completed after that date;
and
``(ii) operates with more than 16 individuals on
board; or
``(B) in the case of a fish tender vessel, engages
in the Aleutian trade.
``(2) The term `auxiliary craft' means a vessel that is
carried onboard a fishing vessel and is normally used to
support fishing operations.
``(3)(A) The term `built' means, with respect to a vessel,
that the vessel's construction has reached any of the following
stages:
``(i) The vessel's keel is laid.
``(ii) 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.
``(B) In the case of a vessel greater than 79 feet in
overall length, for purposes of subparagraph (A)(i), 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.
``(4) The term `subject vessel' means a vessel to which
this chapter applies that--
``(A) operates beyond 3 nautical miles from the
baseline from which the territorial sea of the United
States is measured or beyond 3 nautical miles from the
coastline of the Great Lakes;
``(B) operates with more than 16 individuals on
board; or
``(C) in the case of a fish tender vessel, engages
in the Aleutian trade.
``(5) The term `substitute-eligible vessel' means a fishing
vessel or fish tender vessel that is--
``(A) a subject vessel;
``(B) at least 50 feet overall in length, and not
more than 180 feet overall in length as listed on the
vessel's certificate of documentation or certificate of
number; and
``(C) built after February 8, 2016.
``Sec. 4503. Safety standards
``(a) In General.--The Secretary shall prescribe regulations that
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 that
uses gasoline as fuel;
``(4) the means to properly and efficiently ventilate
enclosed spaces, including engine and fuel tank compartments,
so as to remove explosive or flammable gases;
``(5) visual distress signals;
``(6) other equipment required to minimize the risk of
injury to the crew during vessel operations, if the Secretary
determines that a risk of serious injury exists that can be
eliminated or mitigated by that equipment; and
``(7) a placard as required by regulations prescribed under
section 10603(b).
``(b) Subject Vessels.--In addition to the requirements of
subsection (a), the Secretary shall prescribe regulations requiring
that subject vessels install, maintain, and use the following
equipment:
``(1) Alerting and locating equipment, including emergency
position indicating radio beacons.
``(2)(A) Subject to subparagraph (B), a survival craft
that--
``(i) ensures that no part of an individual is
immersed in water; and
``(ii) is sufficient to accommodate all individuals
on board.
``(B) Except for a nonapplicable vessel, an auxiliary craft
shall satisfy the equipment requirement under paragraph (2)(B)
if such craft is--
``(i) necessary for normal fishing operations;
``(ii) readily accessible during an emergency; and
``(iii) capable, in accordance with the Coast Guard
capacity rating, when applicable, of safely holding all
individuals on board the vessel to which the craft
functions as an auxiliary.
``(3) At least one readily accessible immersion suit for
each individual on board the vessel when operating on the
waters described in section 3102.
``(4) Marine radio communications equipment sufficient to
effectively communicate with a land-based search and rescue
facility.
``(5) Navigation equipment, including compasses, nautical
charts, and publications.
``(6) First aid equipment and medical supplies sufficient
for the size and area of operation of the vessel.
``(7) Ground tackle sufficient for the vessel.
``(c) Accountable Vessels.--In addition to the requirements
described in subsections (a) and (b), the Secretary may prescribe
regulations establishing minimum safety standards for accountable
vessels, including standards relating to--
``(1) navigation equipment, including radars and
fathometers;
``(2) lifesaving 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.
``Sec. 4504. 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 4302, if the vessel is--
``(1) is a subject vessel;
``(2) less than 50 feet overall in length; and
``(3) built after January 1, 2010.
``Sec. 4505. Operating stability
``(a) Regulations.--The Secretary shall prescribe regulations for
the operating stability of a vessel to which this chapter applies--
``(1) that was built after December 31, 1989; or
``(2) the physical characteristics of which are
substantially altered after December 31, 1989, in a manner that
affects the vessel's operating stability.
``(b) Evidence of Compliance.--The Secretary may accept, as
evidence of compliance with this section, a certification of compliance
issued by the person providing insurance for the vessel or by another
qualified person approved by the Secretary.
``Sec. 4506. Training
``(a) 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 (b) and hold a valid certificate issued
under that program.
``(b) Training Program Requirements.--The training program shall--
``(1) be based on professional knowledge and skill obtained
through sea service and hands-on training, including training
in seamanship, stability, collision prevention, navigation,
firefighting and prevention, damage control, personal survival,
emergency medical care, emergency drills, and weather;
``(2) require an individual to demonstrate ability to
communicate in an emergency situation and understand
information found in navigation publications;
``(3) recognize and give credit for recent past experience
in fishing vessel operation; and
``(4) provide for issuance of a certificate to an
individual who has successfully completed the program.
``(c) Regulations.--The Secretary shall prescribe regulations
implementing this subsection. The regulations shall require that an
individual who is issued a certificate under subsection (b)(4) must
complete refresher training at least once every 5 years as a condition
of maintaining the validity of the certificate.
``(d) 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
section.
``Sec. 4507. Vessel certification
``(a) In General.--A vessel to which this section applies may not
be operated unless the vessel--
``(1) meets all survey and classification requirements
prescribed by the American Bureau of Shipping or another
similarly qualified organization approved by the Secretary; and
``(2) has on board a certificate issued by the American
Bureau of Shipping or such other organization evidencing
compliance with this subsection.
``(b) Application.--
``(1) Except as provided in section 4509, this section
applies to a fish processing vessel to which this chapter
applies that--
``(A) is built after July 27, 1990; or
``(B) undergoes a major conversion completed after
that date.
``(2)(A) Except as provided in subparagraph (B), this
section applies to a subject vessel that is at least 50 feet
overall in length and is built after July 1, 2013.
``(B) This section does not apply to a substitute-eligible
vessel if such vessel complies with--
``(i) the substitute safety compliance program
established under section 4509; or
``(ii) the enhanced substitute safety compliance
program established by the Secretary under section
4510.
``Sec. 4508. Alternate safety compliance program
``(a) In General.--
``(1) The Secretary shall establish an alternate safety
compliance program developed in coordination with the
commercial fishing industry.
``(2) The program established under paragraph (1) may
include requirements for--
``(A) a specific region or fishery (or both); and
``(B) any combination of regions or fisheries (or
both).
``(b) Vessels Required To Comply.--Beginning on the date that is 3
years after the date the Secretary prescribes an alternate safety
compliance program, the following vessels shall comply with such
program:
``(1) A subject vessel that is--
``(A) at least 50 feet overall in length;
``(B) built before July 1, 2013; and
``(C) 25 years of age or older.
``(2) A fishing vessel, fish processing vessel, or fish
tender vessel built before July 1, 2013, that undergoes a major
conversion completed after the date the Secretary prescribes an
alternate safety compliance program.
``(c) Exempt Vessels.--
``(1) Notwithstanding subsection (b), vessels owned by a
person that owns more than 30 vessels subject to that
subsection are not required to comply with alternate safety
compliance program requirements until January 1, 2030, if that
owner--
``(A) 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 date; and
``(B) is meeting such schedule.
``(2) A subject vessel that was classed before July 1,
2012, is exempt from the requirements of this section if such
vessel--
``(A) remains subject to the requirements of a
classification society approved by the Secretary; and
``(B) has on board a certificate from that society.
``Sec. 4509. Substitute safety compliance program
``(a) In General.--The Secretary shall establish a substitute
safety compliance program for substitute-eligible vessels that includes
the following requirements:
``(1) A substitute-eligible vessel shall be designed by an
individual licensed by a State as a naval architect or marine
engineer, and the design shall incorporate 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 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
Secretary.
``(3) A substitute-eligible vessel shall--
``(A) complete a stability test performed by a
qualified individual;
``(B) have written stability and loading
instructions from a qualified individual that are
provided to the owner or operator; and
``(C) have an assigned loading mark.
``(4) 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 alteration.
``(5) A substitute-eligible vessel shall undergo a
condition survey at least twice in 5 years, with not more than
3 years between surveys, to the satisfaction of a marine
surveyor of an organization accepted by the Secretary.
``(6) A substitute-eligible vessel shall undergo 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 a substitute-eligible vessel, compliance of the
vessel with the requirements of paragraph (3) is reviewed and
updated as necessary.
``(8) For the life of a substitute-eligible vessel, 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 chapter.
``(b) Compliance.--Section 4507 of this title shall not apply to a
substitute-eligible vessel that complies with the requirements of the
program established under this section.
``(c) Report.--Not later than February 8, 2026, 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 substitute safety compliance program requirements
established under subsection (a) in maintaining the safety of
substitute-eligible fishing vessels and fish tender vessels and that
comply with such requirements.
``Sec. 4510. Enhanced substitute safety compliance program
``(a) In General.--If the report required under section 4509(c)
includes a determination that the substitute safety compliance program
established under section 4509(a) is not adequate or that additional
safety measures are necessary, then the Secretary may establish an
enhanced substitute safety compliance program for fishing vessels or
fish tender vessels (or both) that are substitute-eligible vessels and
that comply with the requirements of section 4509.
``(b) Requirements.--The enhanced substitute safety compliance
program established under this subsection shall include requirements
for--
``(1) vessel construction;
``(2) a vessel stability test;
``(3) vessel stability and loading instructions;
``(4) an assigned vessel loading mark;
``(5) a vessel condition survey at least twice in 5 years,
not more than 3 years apart;
``(6) an out-of-water vessel survey at least once every 5
years;
``(7) maintenance of records to demonstrate compliance with
the program, and the availability of such records for
inspection; and
``(8) such other aspects of vessel safety as the Secretary
considers appropriate.
``(c) Compliance.--Section 4507 shall not apply to a substitute-
eligible vessel that complies with the requirements of the program
established under this section.
``Sec. 4511. Prohibited acts
``A person may not operate a vessel in violation of this chapter or
a regulation prescribed under this chapter.
``Sec. 4512. 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 4507 to return the vessel to
a mooring and to remain there until the vessel is in compliance
with such section, unless the vessel is required to comply with
section 4508.
``Sec. 4513. Penalties
``(a) Civil Penalty.--The owner, charterer, managing operator,
agent, master, 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 $10,260. Any vessel with
respect to which a penalty is assessed under this subsection is liable
in rem for the penalty.
``(b) Criminal Penalties.--An individual 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.
``Sec. 4514. Compliance; Secretary actions
``To ensure compliance with the requirements of this chapter, the
Secretary--
``(1) shall require the individual in charge of a subject
vessel to keep a record of equipment maintenance, and required
instruction and drills;
``(2) shall examine at dockside a subject vessel at least
once every 5 years, but may require an exam at dockside every 2
years for certain subject vessels if requested by the owner or
operator; and
``(3) shall issue a certificate of compliance to a vessel
meeting the requirements of this chapter and satisfying the
requirements of paragraph (2).
``Sec. 4515. Exemptions
``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.
``Sec. 4516. Regulations; considerations and limitations
``In prescribing a regulation 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 such regulation.
``Sec. 4517. Fishing safety grants
``(a) Safety Training Grants.--
``(1) Establishment.--The Secretary of Health and Human
Services shall establish a Fishing Safety Training Grant
Program to provide funding to municipalities, port authorities,
other appropriate public entities, not-for-profit
organizations, and other qualified persons that provide
commercial fishing safety training.
``(2) Use of funds.--Entities receiving funds under this
section may use such funds--
``(A) to conduct fishing vessel safety training for
vessel operators and crewmembers that--
``(i) in the case of vessel operators,
meets the requirements of section 4506; and
``(ii) in the case of crewmembers, meets
the requirements of sections 4506(b)(1),
4506(b)(4), 4506(c), and 4506(d), and such
requirements of section 4506(b)(2) as are
appropriate for crewmembers; and
``(B) for purchase of safety equipment and training
aids for use in such fishing vessel safety training
programs.
``(3) Award criteria.--The Secretary of Health and Human
Services, in consultation with and based on criteria
established by the Commandant of the Coast Guard, shall award
grants under this subsection on a competitive basis.
``(4) 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 50 percent.
``(5) Authorization of appropriations.--There is authorized
to be appropriated $3,000,000 for each of fiscal years 2020 and
2021 for grants under this subsection.
``(b) Research Grant Program.--
``(1) Establishment.--The Secretary of Health and Human
Services shall establish a Fishing Safety Research Grant
Program to provide funding to individuals in academia,
nonprofit organizations, businesses involved in fishing and
maritime matters, and other persons with expertise in fishing
safety, to conduct research on methods of improving the safety
of the commercial fishing industry, including vessel design,
emergency and survival equipment, enhancement of vessel
monitoring systems, communications devices, de-icing
technology, and severe weather detection.
``(2) Award criteria.--The Secretary of Health and Human
Services, in consultation with and based on criteria
established by the Commandant of the Coast Guard, shall award
grants under this subsection on a competitive basis.
``(3) 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 50 percent.
``(4) Authorization of appropriations.--There is authorized
to be appropriated $3,000,000 for each fiscal year 2020 and
2021 for activities under this subsection.''.
(b) Conforming Amendment.--Section 3104(d) of title 46, United
States Code, is amended by striking ``under section 4503(d)'' and
inserting ``under section 4502(3)''.
(c) Safety Standards.--Not later than 90 days after the date of the
enactment of this Act, and without regard to the provisions of chapters
5 and 6 of title 5, United States Code, the Secretary of the department
in which the Coast Guard is operating shall promulgate the regulations
required by section 4503(b) of title 46, United States Code, as amended
by this section.
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