MARINE CASUALTY REPORTING 

Written By CDR Mark E. Hammond

This article briefly describes the reporting requirements for marine 

casualties involving commercial vessels and discusses the important 

elements of violations of the reporting requirements. 

What is a marine casualty? A marine casualty is defined in Title 46 

Code of Federal Regulations (CFR), Part 4.03-1. Essentially it is 

casualty or accident involving a vessel (other than a public vessel), 

that occurs upon the navigable waters of the United States, its 

territories or possessions. 46 CFR 4.03-1(b) indicates the term 

“marine casualty” applies to events caused by or involving a vessel, 

and it goes on to list specific occurrences or incidents that constitute 

a marine casualty. Some examples include loss of life, collisions, 

groundings, loss of propulsion, and incidents involving significant 

harm to the environment.

Reportable Marine Casualties

46 CFR 4.05-1 contains the requirement for immediate notice to the 

Coast Guard of certain marine casualties involving vessels. 

Paragraph (a) of this subpart states: 

Immediately after addressing the resultant safety concerns, the 

owner, agent, master, operator, or persons in charge, shall notify the 

nearest Sector Office, Marine Inspection Office, or Coast Guard 

Group Office whenever a vessel is involved in a marine casualty 

consisting in...” and then it goes on to list the specific casualties for 

which an immediate notice is required.

Often mariners violate the immediate notice requirement but just as 

often there are legitimate reasons for a delay in reporting a marine 
casualty. It is necessary to know and document the facts and 

circumstances surrounding what at first might appear as a failure to 

provide immediate notification. Details that should be known and 

analyzed might include the type of casualty and why pursuant to 

regulation it qualifies as a marine casualty requiring reporting, the 

date and time of occurrence, and how it was discovered. If there is a 

substantial delay in notification, it would be important to know and 

document when the party was aware of the casualty, and how the 

party had the opportunity to make timely notification but failed to 

do so. Was there a reason given for the delay or failure to provide 

notification altogether? For cases of untimely notifications, careful 

consideration should be given to any actions that were required of 

the party to address any safety concerns as a result of the casualty. 

And in cases of lack of any reporting, perhaps what first appeared as 

a marine casualty requiring reporting was instead some event that 

did not require reporting. Only after analyzing the details can a fair 

assessment be made as to whether there was failure to immediately 

report a marine casualty.

Written Notification Requirements

In addition to the immediate notice requirement above, a written 

report is required. According the 46 CFR 4.05-10(a) the owner, 

agent, master, operator, or person in charge, shall within five days, 

file a written report of any marine casualty required to be reported 

under 4.05-1. The written report must be submitted on Form CG2692 (Report of Marine Accident Injury, or Death). It is important to 

note that in accordance with 4.05-10(b), if the 2692 is filed without 

delay after a marine casualty, then it serves to satisfy the immediate 

notice required by subpart 4.05-1 discussed above. 

New language was added to the regulations in 2005 to include “any 

occurrence involving a vessel that involves significant harm to the 

environment” as a reportable marine casualty which requires the 

submission of a 2692. 46 CFR 4.03-65 defines “Significant harm to 

the environment”, and includes the following: a of discharge of oil 

into the navigable waters of the United States as set forth in 40 CFR 

110.3 – which causes a film, sheen, or discoloration of the surface of 

the water and a discharge of a hazardous substance in quantities 
equal to or exceeding in any 24 hour period, the reportable quantity 

determined in 40 CFR 117.

It should also be noted that if a marine casualty exclusively involves 

an occurrence involving significant harm to the environment, a 

report made pursuant to 33 CFR 153.203, 40 CFR 117.21, or 40 CFR 

302.6 satisfies the immediate notification requirement of 46 CFR 

4.05-1. For example, if a commercial tug operator experiences a 

discharge of oil from his vessel and he/she makes an immediate 

notification to the National Response Center in accordance with 33 

CFR 153.203, the immediate notice requirement of 46 CFR 4.05-1 is 

satisfied. A written report is still necessary.

Reporting exclusion

Recreational vessels are excluded from the requirements of 46 CFR 

4.05, and fall under the reporting requirements of 33 CFR 173.51.