ENFORCEMENT OF COMMERCIAL FISHING VESSEL SURVIVAL CRAFT 

REQUIREMENTS (Revisited)

Written By CDR M. Hammond, USCG

This topic was previously discussed in an article that appeared in Volume VI, 

October 2009, of the Hearing Office Newsletter. The article is reprinted here 

(in edited form) to provide a brief overview of the commercial fishing vessel 

(CFV) survival craft regulations and to re-emphasize some of the key elements 

that should be considered when units are processing enforcement cases for 

Hearing Officer adjudication.

Survival craft carriage requirements are contained in 46 CFR § 28.120. This 

part applies to all U.S. flag, uninspected vessels that are commercial fishing, 

fish processing, or fish tender vessels. This part applies to documented vessels

and vessels numbered (registered) by a state. Specific carriage requirements 

vary significantly depending on a number of factors, including the vessel’s 

documentation status, the number of individuals on board, the vessel’s area of 

operation, as well as the temperature of the water in which the vessel is 

operating.

When processing an enforcement case for an alleged violation of survival craft 

carriage requirements, careful consideration should be given to capturing and 

documenting the following essential elements of information.

Vessel Details / Number of Individuals on board

Specific requirements for survival craft are contained in 46 CFR § 28.120 and 

are listed within tables 28.120(a), 28.120(b), and 28.120(c). The tables 

breakdown the requirements for the following categories of vessels:

• Documented vessels

• Undocumented vessels 

with not more than 16 individuals on board

• Undocumented vessels 

with more than 16 individuals on board
A detailed description of vessel type (documented or undocumented) should be included 

in the enforcement summary as well as an accurate count of the number of individuals on 

board. The vessels must carry the appropriate survival craft in aggregate capacity to 

accommodate the total number of individuals on board.

Location, location, location

Location information is crucial for processing a violation case under the survival craft 

regulations. This information is used to establish carriage requirements based on distance 

from the coastline, and is also used in making cold water determinations which can 

significantly alter specific carriage requirements. It is vitally important to document the 

location of the boarding in the Enforcement Summary and to verify its accuracy. It is also 

important to ascertain and document the vessel’s typical route. The specific areas of 

vessel operation that trigger the various survival craft requirements are delineated in the 

regulations as follows:

• Beyond 50 miles of the 

coastline

• Between 20 and 50 miles 

of the coast line

• Beyond the boundary line 

within 20 miles of the coastline

• Beyond the boundary line, 

within 12 miles of the coastline

• Inside the boundary line, 

or lakes, bays, sounds, or rivers

• Great Lakes (beyond and 

within 3 miles of the coastline)

Cold vs. Warm Water

Water temperature is another key factor in properly determining survival craft carriage 

requirements. 

For example, a 37-foot documented CFV that operates within 12 miles from the coastline 

in cold waters is required to carry an Inflatable Buoyant Apparatus, whereas the same 

vessel, if operating the same distance from the coastline in warm waters, is only required 

to carry a Life Float. For the purposes of this regulation, cold water means water where 

the monthly mean low water temperature is normally 59o F or less. Detailed information 

regarding cold water determinations, with associated chartlets broken down by month for 
the Atlantic and Pacific Ocean, are contained in Navigation and Vessel Inspection 

Circular No. 7-91 (available via homeport.uscg.mil within the “Library” tab).

Exceptions

These requirements do not apply to vessels less than 36 feet, with three or fewer 

individuals on board that operate within 12 miles of the coastline. For vessels greater than 

36 feet, with 3 or fewer individuals on board, and operating within 12 miles of the coast 

line, they currently may substitute a Buoyant Apparatus for the survival craft 

requirement.

Always remember: Details are important! A well-documented, detailed violation case can 

go a long way toward achieving compliance goals, to improve the safety of the 

commercial fishing industry, as well as help deter violations in the future.