157 
‘‘(B) To eliminate the backlog of marine 
safety-related rulemakings. 
‘‘(C) To improve the quality and effective-
ness of marine safety information databases by 
ensuring that all Coast Guard personnel accu-
rately and effectively report all safety, casualty, 
and injury information. 
‘‘(D) To provide for a sufficient number of 
Coast Guard marine safety personnel, and pro-
vide adequate facilities and equipment to carry 
out the functions referred to in section 93(c). 
‘‘(2) RESOURCE NEEDS.—The strategy and an-
nual plans shall include estimates of— 
‘‘(A) the funds and staff resources needed to 
accomplish each activity included in the strategy 
and plans; and 
‘‘(B) the staff skills and training needed for 
timely and effective accomplishment of each goal. 
‘‘(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.— 
Beginning with fiscal year 2011 and each fiscal year there-
after, the Secretary shall submit to Congress the strategy 
and annual plan not later than 60 days following the trans-
mission of the President’s budget submission under section 
1105 of title 31. 
‘‘(d) ACHIEVEMENT OF GOALS.— 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
158 
‘‘(1) PROGRESS
ASSESSMENT.—No less fre-
quently than semiannually, the Coast Guard Com-
mandant and the Assistant Commandant for Marine 
Safety shall jointly assess the progress of the Coast 
Guard toward achieving the goals set forth in sub-
section (b). The Commandant and the Assistant Com-
mandant shall jointly convey their assessment to the 
employees of the Assistant Commandant and shall 
identify any deficiencies that should be remedied be-
fore the next progress assessment. 
‘‘(2) REPORT
TO
CONGRESS.—The Secretary 
shall report annually to the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate— 
‘‘(A) on the performance of the marine safe-
ty program in achieving the goals of the marine 
safety strategy and annual plan under sub-
section (a) for the year covered by the report; 
‘‘(B) on the program’s mission performance 
in achieving numerical measurable goals estab-
lished under subsection (b); and 
‘‘(C) recommendations on how to improve 
performance of the program.’’. 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
159 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following new 
item: 
‘‘2116. Marine safety strategy, goals, and performance assessments.’’. 
(c) CERTIFICATES OF INSPECTION.—Section 3309 of 
title 46, United States Code, is amended by adding at the 
end the following: 
‘‘(d) A certificate of inspection issued under this sec-
tion shall be signed by the senior Coast Guard member or 
civilian employee who inspected the vessel, in addition to 
the officer in charge of marine inspection.’’. 
SEC. 724. POWERS AND DUTIES. 
Section 93 of title 14, United States Code, is amended 
by adding at the end the following new subsections: 
‘‘(c) MARINE SAFETY RESPONSIBILITIES.—In exer-
cising the Commandant’s duties and responsibilities with 
regard to marine safety, the individual with the highest 
rank who meets the experience qualifications set forth in 
section 50(a)(4) shall serve as the principal advisor to the 
Commandant regarding— 
‘‘(1) the operation, regulation, inspection, identi-
fication, manning, and measurement of vessels, in-
cluding plan approval and the application of load 
lines; 
‘‘(2) approval of materials, equipment, appli-
ances, and associated equipment; 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
160 
‘‘(3) the reporting and investigation of marine 
casualties and accidents; 
‘‘(4) the licensing, certification, documentation, 
protection and relief of merchant seamen; 
‘‘(5) suspension and revocation of licenses and 
certificates; 
‘‘(6) enforcement of manning requirements, citi-
zenship requirements, control of log books; 
‘‘(7) documentation and numbering of vessels; 
‘‘(8) State boating safety programs; 
‘‘(9) commercial instruments and maritime 
liens; 
‘‘(10) the administration of bridge safety; 
‘‘(11) administration of the navigation rules; 
‘‘(12) the prevention of pollution from vessels; 
‘‘(13) ports and waterways safety; 
‘‘(14) waterways management; including regula-
tion for regattas and marine parades; 
‘‘(15) aids to navigation; and 
‘‘(16) other duties and powers of the Secretary 
related to marine safety and stewardship. 
‘‘(d) OTHER AUTHORITY NOT AFFECTED.—Nothing in 
subsection (c) affects— 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
161 
‘‘(1) the authority of Coast Guard officers and 
members to enforce marine safety regulations using 
authority under section 89 of this title; or 
‘‘(2) the exercise of authority under section 91 of 
this title and the provisions of law codified at sections 
191 through 195 of title 50 on the date of enactment 
of this paragraph.’’. 
SEC. 725. APPEALS AND WAIVERS. 
(a) IN GENERAL.—Chapter 5 of title 14, United States 
Code, is further amended by inserting at the end the fol-
lowing new section: 
‘‘§ 102. Appeals and waivers 
‘‘Except for the Commandant of the Coast Guard, any 
individual adjudicating an appeal or waiver of a decision 
regarding marine safety, including inspection or manning 
and threats to the environment, shall— 
‘‘(1) be a qualified specialist with the training, 
experience, and qualifications in marine safety to ef-
fectively judge the facts and circumstances involved in 
the appeal and make a judgment regarding the merits 
of the appeal; or 
‘‘(2) have a senior staff member who— 
‘‘(A) meets the requirements of paragraph 
(1); 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
162 
‘‘(B) actively advises the individual adjudi-
cating the appeal; and 
‘‘(C) concurs in writing on the decision on 
appeal.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is further amended by adding at the end the fol-
lowing new item: 
‘‘102. Appeals and waivers.’’. 
SEC. 726. COAST GUARD ACADEMY. 
(a) IN GENERAL.—Chapter 9 of title 14, United States 
Code, is further amended by adding at the end the following 
new section: 
‘‘§ 200. Marine safety curriculum 
‘‘The Commandant of the Coast Guard shall ensure 
that professional courses of study in marine safety are pro-
vided at the Coast Guard Academy, and during other officer 
accession programs, to give Coast Guard cadets and other 
officer candidates a background and understanding of the 
marine safety program. These courses may include such 
topics as program history, vessel design and construction, 
vessel inspection, casualty investigation, and administra-
tive law and regulations.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is further amended by adding at the end the fol-
lowing new item: 
‘‘200. Marine safety curriculum.’’. 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6213
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
163 
SEC. 727. REPORT REGARDING CIVILIAN MARINE INSPEC-
TORS. 
Not later than one year after the date of enactment 
of this Act, the Commandant of the Coast Guard shall sub-
mit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on Coast Guard’s efforts to recruit and retain civilian ma-
rine inspectors and investigators and the impact of such 
recruitment and retention efforts on Coast Guard organiza-
tional performance. 
TITLE VIII—MARINE SAFETY 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Maritime Safety Act 
of 2009’’. 
SEC. 802. VESSEL SIZE LIMITS. 
(a) LENGTH, TONNAGE, AND HORSEPOWER.—Section 
12113(d)(2) of title 46, United States Code, is amended— 
(1) by inserting ‘‘and’’ after the semicolon at the 
end of subparagraph (A)(i); 
(2) by striking ‘‘and’’ at the end of subpara-
graph (A)(ii); 
(3) by striking subparagraph (A)(iii); 
(4) by striking the period at the end of subpara-
graph (B) and inserting ‘‘; or’’; and 
(5) by inserting at the end the following: 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
164 
‘‘(C) the vessel is either a rebuilt vessel or 
a replacement vessel under section 208(g) of the 
American Fisheries Act (title II of division C of 
Public Law 105–277; 112 Stat. 2681–627) and 
is eligible for a fishery endorsement under this 
section.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) VESSEL REBUILDING AND REPLACEMENT.— 
Section 208(g) of the American Fisheries Act (title II 
of division C of Public Law 105–277; 112 Stat. 2681– 
627) is amended to read as follows: 
‘‘(g) VESSEL REBUILDING AND REPLACEMENT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REBUILD
OR
REPLACE.—Notwith-
standing any limitation to the contrary on re-
placing, rebuilding, or lengthening vessels or 
transferring permits or licenses to a replacement 
vessel contained in sections 679.2 and 679.4 of 
title 50, Code of Federal Regulations, as in effect 
on the date of enactment of the Maritime Safety 
Act of 2009 and except as provided in paragraph 
(4), the owner of a vessel eligible under sub-
section (a), (b), (c), (d), or (e) (other than para-
graph (21)), in order to improve vessel safety 
and operational efficiencies (including fuel effi-
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
165 
ciency), may rebuild or replace that vessel (in-
cluding fuel efficiency) with a vessel documented 
with a fishery endorsement under section 12113 
of title 46, United States Code. 
‘‘(B) SAME REQUIREMENTS.—The rebuilt or 
replacement vessel shall be eligible in the same 
manner and subject to the same restrictions and 
limitations under such subsection as the vessel 
being rebuilt or replaced. 
‘‘(C) TRANSFER
OF
PERMITS
AND
LI-
CENSES.—Each fishing permit and license held 
by the owner of a vessel or vessels to be rebuilt 
or replaced under subparagraph (A) shall be 
transferred to the rebuilt or replacement vessel. 
‘‘(2) RECOMMENDATIONS
OF
NORTH
PACIFIC 
FISHERY MANAGEMENT COUNCIL.—The North Pacific 
Fishery Management Council may recommend for ap-
proval by the Secretary such conservation and man-
agement measures, including size limits and measures 
to control fishing capacity, in accordance with the 
Magnuson-Stevens Act as it considers necessary to en-
sure that this subsection does not diminish the effec-
tiveness of fishery management plans of the Bering 
Sea and Aleutian Islands Management Area or the 
Gulf of Alaska. 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
166 
‘‘(3) SPECIAL RULE FOR REPLACEMENT OF CER-
TAIN VESSELS.— 
‘‘(A) IN GENERAL.—Notwithstanding the re-
quirements of subsections (b)(2), (c)(1), and 
(c)(2) of section 12113 of title 46, United States 
Code, a vessel that is eligible under subsection 
(a), (b), (c), (d), or (e) (other than paragraph 
(21)) and that qualifies to be documented with 
a fishery endorsement pursuant to section 203(g) 
or 213(g) may be replaced with a replacement 
vessel under paragraph (1) if the vessel that is 
replaced is validly documented with a fishery en-
dorsement pursuant to section 203(g) or 213(g) 
before the replacement vessel is documented with 
a fishery endorsement under section 12113 of 
title 46, United States Code. 
‘‘(B) APPLICABILITY.—A replacement vessel 
under subparagraph (A) and its owner and 
mortgagee are subject to the same limitations 
under section 203(g) or 213(g) that are applica-
ble to the vessel that has been replaced and its 
owner and mortgagee. 
‘‘(4) SPECIAL
RULES
FOR
CERTAIN
CATCHER 
VESSELS.— 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
167 
‘‘(A) IN
GENERAL.—A replacement for a 
covered vessel described in subparagraph (B) is 
prohibited from harvesting fish in any fishery 
(except for the Pacific whiting fishery) managed 
under the authority of any Regional Fishery 
Management Council (other than the North Pa-
cific Fishery Management Council) established 
under section 302(a) of the Magnuson-Stevens 
Act. 
‘‘(B) COVERED VESSELS.—A covered vessel 
referred to in subparagraph (A) is— 
‘‘(i) a vessel eligible under subsection 
(a), (b), or (c) that is replaced under para-
graph (1); or 
‘‘(ii) a vessel eligible under subsection 
(a), (b), or (c) that is rebuilt to increase its 
registered length, gross tonnage, or shaft 
horsepower. 
‘‘(5) LIMITATION ON FISHERY ENDORSEMENTS.— 
Any vessel that is replaced under this subsection shall 
thereafter not be eligible for a fishery endorsement 
under section 12113 of title 46, United States Code, 
unless that vessel is also a replacement vessel de-
scribed in paragraph (1). 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
168 
‘‘(6) GULF
OF
ALASKA
LIMITATION.—Notwith-
standing paragraph (1), the Secretary shall prohibit 
from participation in the groundfish fisheries of the 
Gulf of Alaska any vessel that is rebuilt or replaced 
under this subsection and that exceeds the maximum 
length overall specified on the license that authorizes 
fishing for groundfish pursuant to the license limita-
tion program under part 679 of title 50, Code of Fed-
eral Regulations, as in effect on the date of enactment 
of the Maritime Safety Act of 2009. 
‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Nothing 
in this section shall be construed to diminish or other-
wise affect the authority of the Pacific Council to rec-
ommend to the Secretary conservation and manage-
ment measures to protect fisheries under its jurisdic-
tion (including the Pacific whiting fishery) and par-
ticipants in such fisheries from adverse impacts 
caused by this Act.’’. 
(2) EXEMPTION OF CERTAIN VESSELS.—Section 
203(g) of the American Fisheries Act (title II of divi-
sion C of Public Law 105–277; 112 Stat. 2681–620) 
is amended— 
(A) by inserting ‘‘and’’ after ‘‘(United 
States official number 651041)’’; 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
169 
(B) by striking ‘‘, NORTHERN TRAV-
ELER (United States official number 635986), 
and NORTHERN VOYAGER (United States of-
ficial number 637398) (or a replacement vessel 
for the NORTHERN VOYAGER that complies 
with paragraphs (2), (5), and (6) of section 
208(g) of this Act)’’; and 
(C) by striking ‘‘, in the case of the 
NORTHERN’’ and all that follows through 
‘‘PHOENIX,’’. 
(3) FISHERY COOPERATIVE EXIT PROVISIONS.— 
Section 210(b) of the American Fisheries Act (title II 
of division C of Public Law 105–277; 112 Stat. 2681– 
629) is amended— 
(A) by moving the matter beginning with 
‘‘the Secretary shall’’ in paragraph (1) 2 ems to 
the right; and 
(B) by adding at the end the following: 
‘‘(7) FISHERY COOPERATIVE EXIT PROVISIONS.— 
‘‘(A) FISHING
ALLOWANCE
DETERMINA-
TION.—For purposes of determining the aggre-
gate percentage of directed fishing allowances 
under paragraph (1), when a catcher vessel is re-
moved from the directed pollock fishery, the fish-
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
170 
ery allowance for pollock for the vessel being re-
moved— 
‘‘(i) shall be based on the catch history 
determination for the vessel made pursuant 
to section 679.62 of title 50, Code of Federal 
Regulations, as in effect on the date of en-
actment of the Maritime Safety Act of 2009; 
and 
‘‘(ii) shall be assigned, for all purposes 
under this title, in the manner specified by 
the owner of the vessel being removed to any 
other catcher vessel or among other catcher 
vessels participating in the fishery coopera-
tive if such vessel or vessels remain in the 
fishery cooperative for at least one year 
after the date on which the vessel being re-
moved leaves the directed pollock fishery. 
‘‘(B) ELIGIBILITY FOR FISHERY ENDORSE-
MENT.—Except as provided in subparagraph 
(C), a vessel that is removed pursuant to this 
paragraph shall be permanently ineligible for a 
fishery endorsement, and any claim (including 
relating to catch history) associated with such 
vessel that could qualify any owner of such vessel 
for any permit to participate in any fishery 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
171 
within the exclusive economic zone of the United 
States shall be extinguished, unless such removed 
vessel is thereafter designated to replace a vessel 
to be removed pursuant to this paragraph. 
‘‘(C) LIMITATIONS
ON
STATUTORY
CON-
STRUCTION.—Nothing in this paragraph shall be 
construed— 
‘‘(i) to make the vessels AJ (United 
States official number 905625), DONA 
MARTITA (United States official number 
651751), NORDIC EXPLORER (United 
States 
official 
number 
678234), 
and 
PROVIDIAN (United States official num-
ber 1062183) ineligible for a fishery en-
dorsement or any permit necessary to par-
ticipate in any fishery under the authority 
of the New England Fishery Management 
Council or the Mid-Atlantic Fishery Man-
agement Council established, respectively, 
under subparagraphs (A) and (B) of section 
302(a)(1) of the Magnuson-Stevens Act; or 
‘‘(ii) to allow the vessels referred to in 
clause (i) to participate in any fishery 
under the authority of the Councils referred 
to in clause (i) in any manner that is not 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
172 
consistent with the fishery management 
plan for the fishery developed by the Coun-
cils under section 303 of the Magnuson-Ste-
vens Act.’’. 
SEC. 803. COLD WEATHER SURVIVAL TRAINING. 
The Commandant of the Coast Guard shall report to 
the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on the efficacy 
of cold weather survival training conducted by the Coast 
Guard in Coast Guard District 17 over the preceding 5 
years. The report shall include plans for conducting such 
training in fiscal years 2010 through 2013. 
SEC. 804. FISHING VESSEL SAFETY. 
(a) SAFETY STANDARDS.—Section 4502 of title 46, 
United States Code, is amended— 
(1) in subsection (a), by— 
(A) striking paragraphs (6) and (7) and in-
serting the following: 
‘‘(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’’; and 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
173 
(B) redesignating paragraph (8) as para-
graph (7); 
(2) in subsection (b)— 
(A) in paragraph (1) in the matter pre-
ceding subparagraph (A), by striking ‘‘docu-
mented’’; 
(B) in paragraph (1)(A), by striking ‘‘the 
Boundary Line’’ and inserting ‘‘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’’; 
(C) in paragraph (2)(B), by striking ‘‘life-
boats or liferafts’’ and inserting ‘‘a survival craft 
that ensures that no part of an individual is im-
mersed in water’’; 
(D) in paragraph (2)(D), by inserting ‘‘ma-
rine’’ before ‘‘radio’’; 
(E) in paragraph (2)(E), by striking 
‘‘radar reflectors, nautical charts, and anchors’’ 
and inserting ‘‘nautical charts, and publica-
tions’’; 
(F) in paragraph (2)(F), by striking ‘‘, in-
cluding medicine chests’’ and inserting ‘‘and 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
174 
medical supplies sufficient for the size and area 
of operation of the vessel’’ and 
(G) by amending paragraph (2)(G) to read 
as follows: 
‘‘(G) ground tackle sufficient for the vessel.’’; 
(3) by amending subsection (f) to read as follows: 
‘‘(f) To ensure compliance with the requirements of 
this chapter, the Secretary— 
‘‘(1) shall require the individual in charge of a 
vessel described in subsection (b) to keep a record of 
equipment maintenance, and required instruction 
and drills; and 
‘‘(2) shall examine at dockside a vessel described 
in subsection (b) at least once every 2 years, and shall 
issue a certificate of compliance to a vessel meeting 
the requirements of this chapter.’’; and 
(4) by adding at the end the following: 
‘‘(g)(1) The individual in charge of a vessel described 
in subsection (b) must pass a training program approved 
by the Secretary that meets the requirements in paragraph 
(2) of this subsection and hold a valid certificate issued 
under that program. 
‘‘(2) The training program shall— 
‘‘(A) be based on professional knowledge and skill 
obtained through sea service and hands-on training, 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
175 
including training in seamanship, stability, collision 
prevention, navigation, fire fighting and prevention, 
damage control, personal survival, emergency medical 
care, emergency drills, and weather; 
‘‘(B) require an individual to demonstrate abil-
ity to communicate in an emergency situation and 
understand information found in navigation publica-
tions; 
‘‘(C) recognize and give credit for recent past ex-
perience in fishing vessel operation; and 
‘‘(D) provide for issuance of a certificate to an 
individual that has successfully completed the pro-
gram. 
‘‘(3) The Secretary shall prescribe regulations imple-
menting this subsection. The regulations shall require that 
individuals who are issued a certificate under paragraph 
(2)(D) must complete refresher training at least once every 
5 years as a condition of maintaining the validity of the 
certificate. 
‘‘(4) The Secretary shall establish a publicly accessible 
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. 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
176 
‘‘(h) A vessel to which this chapter applies shall be con-
structed in a manner that provides a level of safety equiva-
lent to the minimum safety standards the Secretary may 
established for recreational vessels under section 4302, if— 
‘‘(1) subsection (b) of this section applies to the 
vessel; 
‘‘(2) the vessel is less than 50 feet overall in 
length; and 
‘‘(3) the vessel is built after January 1, 2010. 
‘‘(i)(1) The Secretary shall establish a Fishing Safety 
Training Grants Program to provide funding to munici-
palities, port authorities, other appropriate public entities, 
not-for-profit organizations, and other qualified persons 
that provide commercial fishing safety training— 
‘‘(A) to conduct fishing vessel safety training for 
vessel operators and crewmembers that— 
‘‘(i) in the case of vessel operators, meets the 
requirements of subsection (g); and 
‘‘(ii) in the case of crewmembers, meets the 
requirements of subsection (g)(2)(A), such re-
quirements of subsection (g)(2)(B) as are appro-
priate for crewmembers, and the requirements of 
subsections (g)(2)(D), (g)(3), and (g)(4); and 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
177 
‘‘(B) for purchase of safety equipment and train-
ing aids for use in those fishing vessel safety training 
programs. 
‘‘(2) The Secretary shall award grants under this sub-
section on a competitive basis. 
‘‘(3) The Federal share of the cost of any activity car-
ried out with a grant under this subsection shall not exceed 
75 percent. 
‘‘(4) There is authorized to be appropriated $3,000,000 
for each of fiscal years 2010 through 2014 for grants under 
this subsection. 
‘‘(j)(1) The Secretary shall establish a Fishing Safety 
Research Grant Program to provide funding to individuals 
in academia, members of non-profit organizations and busi-
nesses 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 fish-
ing industry, including vessel design, emergency and sur-
vival equipment, enhancement of vessel monitoring systems, 
communications devices, de-icing technology, and severe 
weather detection. 
‘‘(2) The Secretary shall award grants under this sub-
section on a competitive basis. 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
178 
‘‘(3) The Federal share of the cost of any activity car-
ried out with a grant under this subsection shall not exceed 
75 percent. 
‘‘(4) There is authorized to be appropriated $3,000,000 
for each fiscal years 2010 through 2014 for activities under 
this subsection.’’. 
(b) CONFORMING AMENDMENT.—Section 4506(b) of 
title 46, United States Code, is repealed. 
(c) ADVISORY COMMITTEE.— 
(1) CHANGE OF NAME.—Section 4508 of title 46, 
United States Code, is amended— 
(A) by striking the section heading and in-
serting the following: 
‘‘§ 4508. Commercial Fishing Safety Advisory Com-
mittee’’; 
and 
(B) in subsection (a) by striking ‘‘Industry 
Vessel’’. 
(2) 
MEMBERSHIP
REQUIREMENTS.—Section 
4508(b)(1) of that title is amended— 
(A) by striking ‘‘seventeen’’ and inserting 
‘‘eighteen’’; 
(B) in subparagraph (A)— 
(i) in the matter preceding clause (i), 
by striking ‘‘from the commercial fishing 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
179 
industry who—’’ and inserting ‘‘who shall 
represent the commercial fishing industry 
and who—’’; and 
(ii) in clause (ii), by striking ‘‘an 
uninspected’’ and inserting ‘‘a’’; 
(C) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) three members who shall represent the gen-
eral public, including, whenever possible— 
‘‘(i) an independent expert or consultant in 
maritime safety; 
‘‘(ii) a marine surveyor who provides serv-
ices to vessels to which this chapter applies; and 
‘‘(iii) a person familiar with issues affect-
ing fishing communities and families of fisher-
men;’’; and 
(D) in subparagraph (C)— 
(i) in the matter preceding clause (i), 
by 
striking 
‘‘representing 
each 
of—’’ 
and inserting ‘‘each of whom shall rep-
resent—’’; 
(ii) in clause (i), by striking ‘‘or ma-
rine surveyors;’’ and inserting ‘‘and marine 
engineers;’’; 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
180 
(iii) in clause (iii), by striking ‘‘and’’ 
after the semicolon at the end; 
(iv) in clause (iv), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(v) by adding at the end the following 
new clause: 
‘‘(v) owners of vessels to which this 
chapter applies.’’. 
(3) TERMINATION.—Section 4508(e)(1) of that 
title is amended by striking ‘‘September 30, 2010.’’ 
and inserting ‘‘September 30, 2020.’’. 
(4) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 45 of title 46, 
United States Code, is amended by striking the item 
relating to such section and inserting the following: 
‘‘4508. Commercial Fishing Safety Advisory Committee.’’. 
(d) LOADLINES FOR VESSELS 79 FEET OR GREATER 
IN LENGTH.—Section 5102(b)(3) of title 46, United States 
Code, is amended by inserting after ‘‘vessel’’ the following 
‘‘, unless the vessel is built or undergoes a major conversion 
completed after July 1, 2010’’. 
(e) CLASSING OF VESSELS.— 
(1) IN
GENERAL.—Section 4503 of title 46, 
United States Code, is amended— 
(A) by striking the section heading and in-
serting the following: 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
181 
‘‘§ 4503. Fishing, fish tender, and fish processing ves-
sel certification’’; 
(B) in subsection (a) by striking ‘‘fish proc-
essing’’; and 
(C) by adding at the end the following: 
‘‘(c) This section applies to a vessel to which section 
4502(b) of this title applies that is at least 50 feet overall 
in length and— 
‘‘(1) is built after July 1, 2010; or 
‘‘(2) undergoes a major conversion completed 
after that date. 
‘‘(d)(1) 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, 2010; and 
‘‘(C) is 25 years of age or older. 
‘‘(2) Alternative safety compliance programs may be 
developed for purposes of paragraph (1) for specific regions 
and fisheries. 
‘‘(3) A fishing vessel, fish processing vessel, or fish ten-
der vessel to which section 4502(b) of this title applies that 
was classed before July 1, 2010, shall— 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
182 
‘‘(A) remain subject to the requirements of a 
classification society approved by the Secretary; and 
‘‘(B) have on board a certificate from that soci-
ety.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 45 of title 46, 
United States Code, is amended by striking the item 
relating to such section and inserting the following: 
‘‘4503. Fishing, fish tender, and fish processing vessel certification.’’. 
(f) ALTERNATIVE SAFETY COMPLIANCE PROGRAM.— 
No later than January 1, 2017, the Secretary of the depart-
ment in which the Coast Guard is operating shall prescribe 
an alternative safety compliance program referred to in sec-
tion 4503(d) of the title 46, United States Code, as amended 
by this section. 
SEC. 805. MARINER RECORDS. 
Section 7502 of title 46, United States Code, is amend-
ed— 
(1) by inserting ‘‘(a)’’ before ‘‘The’’; 
(2) by striking ‘‘computerized records’’ and in-
serting ‘‘records, including electronic records,’’; and 
(3) by adding at the end the following: 
‘‘(b) The Secretary may prescribe regulations requir-
ing a vessel owner or managing operator of a commercial 
vessel, or the employer of a seaman on that vessel, to main-
tain records of each individual engaged on the vessel on 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
183 
matters of engagement, discharge, and service for not less 
than 5 years after the date of the completion of the service 
of that individual on the vessel. The regulations may re-
quire that a vessel owner, managing operator, or employer 
shall make these records available to the individual and the 
Coast Guard on request. 
‘‘(c) A person violating this section, or a regulation 
prescribed under this section, is liable to the United States 
Government for a civil penalty of not more than $5,000.’’. 
SEC. 806. DELETION OF EXEMPTION OF LICENSE REQUIRE-
MENT FOR OPERATORS OF CERTAIN TOWING 
VESSELS. 
Section 8905 of title 46, United States Code, is amend-
ed— 
(1) by striking subsection (b); and 
(2) by redesignating subsection (c) as subsection 
(b). 
SEC. 807. LOG BOOKS. 
(a) IN GENERAL.—Chapter 113 of title 46, United 
States Code, is amended by adding at the end the following: 
‘‘§ 11304. Additional logbook and entry requirements 
‘‘(a) A vessel of the United States that is subject to 
inspection under section 3301 of this title, except a vessel 
on a voyage from a port in the United States to a port 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
184 
in Canada, shall have an official logbook, which shall be 
kept available for review by the Secretary on request. 
‘‘(b) The log book required by subsection (a) shall in-
clude the following entries: 
‘‘(1) The time when each seaman and each offi-
cer assumed or relieved the watch. 
‘‘(2) The number of hours in service to the vessels 
of each seaman and each officer. 
‘‘(3) An account of each accident, illness, and in-
jury that occurs during each watch.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following: 
‘‘11304. Additional logbook and entry requirements.’’. 
SEC. 808. SAFE OPERATIONS AND EQUIPMENT STANDARDS. 
(a) IN GENERAL.—Chapter 21 of title 46, United 
States Code, is further amended by adding at the end the 
following new sections: 
‘‘§ 2117. Termination for unsafe operation 
‘‘An individual authorized to enforce this title— 
‘‘(1) may remove a certificate required by this 
title from a vessel that is operating in a condition 
that does not comply with the provisions of the certifi-
cate; 
‘‘(2) may order the individual in charge of a ves-
sel that is operating that does not have on board the 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
185 
certificate required by this title to return the vessel to 
a mooring and to remain there until the vessel is in 
compliance with this title; and 
‘‘(3) may direct the individual in charge of a 
vessel to which this title 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, in-
cluding 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. 
‘‘§ 2118. Establishment of equipment standards 
‘‘(a) In establishing standards for approved equipment 
required on vessels subject to part B of this title, the Sec-
retary shall establish standards that are— 
‘‘(1) based on performance using the best avail-
able technology that is economically achievable; and 
‘‘(2) operationally practical. 
‘‘(b) Using the standards established under subsection 
(a), the Secretary may also certify lifesaving equipment 
that is not required to be carried on vessels subject to part 
B of this title to ensure that such equipment is suitable for 
its intended purpose. 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
186 
‘‘(c) At least once every 10 years the Secretary shall 
review and revise the standards established under subsection 
(a) to ensure that the standards meet the requirements of 
this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is further amended by adding 
at the end the following: 
‘‘2117. Termination for unsafe operation. 
‘‘2118. Establishment of equipment standards.’’. 
SEC. 809. APPROVAL OF SURVIVAL CRAFT. 
(a) IN GENERAL.—Chapter 31 of title 46, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 3104. Survival craft 
‘‘(a) Except as provided in subsection (b), the Sec-
retary may not approve a survival craft as a safety device 
for purposes of this part, unless the craft ensures that no 
part of an individual is immersed in water. 
‘‘(b) The Secretary may authorize a survival craft that 
does not provide protection described in subsection (a) to 
remain in service until not later than January 1, 2015, 
if— 
‘‘(1) it was approved by the Secretary before 
January 1, 2010; and 
‘‘(2) it is in serviceable condition.’’. 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
187 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following: 
‘‘3104. Survival craft.’’. 
SEC. 810. SAFETY MANAGEMENT. 
(a) VESSELS TO WHICH REQUIREMENTS APPLY.—Sec-
tion 3202 of title 46, United States Code, is amended— 
(1) in subsection (a) by striking the heading and 
inserting ‘‘FOREIGN VOYAGES
AND FOREIGN VES-
SELS.—’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) OTHER PASSENGER VESSELS.—This chapter ap-
plies to a vessel that is— 
‘‘(1) a passenger vessel or small passenger vessel; 
and 
‘‘(2) is transporting more passengers than a 
number prescribed by the Secretary based on the 
number of individuals on the vessel that could be 
killed or injured in a marine casualty.’’; 
(4) in subsection (d), as so redesignated, by 
striking ‘‘subsection (b)’’ and inserting ‘‘subsection 
(c)’’; and 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
188 
(5) in subsection (d)(4), as so redesignated, by 
inserting ‘‘that is not described in subsection (b) of 
this section’’ after ‘‘waters’’. 
(b) SAFETY MANAGEMENT SYSTEM.—Section 3203 of 
title 46, United States Code, is amended by adding at the 
end the following new subsection: 
‘‘(c) In prescribing regulations for passenger vessels 
and small passenger vessels, the Secretary shall consider— 
‘‘(1) the characteristics, methods of operation, 
and nature of the service of these vessels; and 
‘‘(2) with respect to vessels that are ferries, the 
sizes of the ferry systems within which the vessels op-
erate.’’. 
SEC. 811. PROTECTION AGAINST DISCRIMINATION. 
(a) IN GENERAL.—Section 2114 of title 46, United 
States Code, is amended— 
(1) in subsection (a)(1)(A), by striking ‘‘or’’ after 
the semicolon; 
(2) in subsection (a)(1)(B), by striking the pe-
riod at the end and inserting a semicolon; 
(3) by adding at the end of subsection (a)(1) the 
following new subparagraphs: 
‘‘(C) the seaman testified in a proceeding 
brought to enforce a maritime safety law or regula-
tion prescribed under that law; 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
189 
‘‘(D) the seaman notified, or attempted to notify, 
the vessel owner or the Secretary of a work-related 
personal injury or work-related illness of a seaman; 
‘‘(E) the seaman cooperated with a safety inves-
tigation by the Secretary or the National Transpor-
tation Safety Board; 
‘‘(F) the seaman furnished information to the 
Secretary, the National Transportation Safety Board, 
or any other public official as to the facts relating to 
any marine casualty resulting in injury or death to 
an individual or damage to property occurring in 
connection with vessel transportation; or 
‘‘(G) the seaman accurately reported hours of 
duty under this part.’’; and 
(4) by amending subsection (b) to read as fol-
lows: 
‘‘(b) A seaman alleging discharge or discrimination in 
violation of subsection (a) of this section, or another person 
at the seaman’s request, may file a complaint with respect 
to such allegation in the same manner as a complaint may 
be filed under subsection (b) of section 31105 of title 49. 
Such complaint shall be subject to the procedures, require-
ments, and rights described in that section, including with 
respect to the right to file an objection, the right of a person 
to file for a petition for review under subsection (c) of that 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
190 
section, and the requirement to bring a civil action under 
subsection (d) of that section.’’. 
(b) EXISTING ACTIONS.—This section shall not affect 
the application of section 2114(b) of title 46, United States 
Code, as in effect before the date of enactment of this Act, 
to an action filed under that section before that date. 
SEC. 812. OIL FUEL TANK PROTECTION. 
Section 3306 of title 46, United States Code, is amend-
ed by adding at the end the following new subsection: 
‘‘(k)(1) Each vessel of the United States that is con-
structed under a contract entered into after the date of en-
actment of the Maritime Safety Act of 2009, or that is deliv-
ered after January 1, 2011, with an aggregate capacity of 
600 cubic meters or more of oil fuel, shall comply with the 
requirements of Regulation 12A under Annex I to the Pro-
tocol of 1978 relating to the International Convention for 
the Prevention of Pollution from Ships, 1973, entitled ‘Oil 
Fuel Tank Protection’. 
‘‘(2) The Secretary may prescribe regulations to apply 
the requirements described in Regulation 12A to vessels de-
scribed in paragraph (1) that are not otherwise subject to 
that convention. Any such regulation shall be considered to 
be an interpretive rule for the purposes of section 553 of 
title 5. 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS
202 
(A) issue a certificate of inspection under 
section 3309 of title 46, United States Code, to 
an offshore supply vessel of at least 500 gross 
tons as measured under section 14502 of title 46, 
United States Code, or of at least 6,000 gross 
tons as measured under section 14302 of title 46, 
United States Code, if the Secretary determines 
that such vessel’s arrangements, equipment, clas-
sification, and certifications provide for the safe 
carriage of individuals in addition to the crew 
and oil and hazardous substances, taking into 
consideration the characteristics of offshore sup-
ply vessels, their methods of operation, and their 
service in support of exploration, exploitation, or 
production of offshore mineral or energy re-
sources; 
(B) for the purpose of enforcing chapter 37 
of title 46, United States Code, use tank vessel 
standards for offshore supply vessels of at least 
6,000 gross tons after considering the character-
istics, methods of operation, and nature of the 
service of the vessel; and 
(C) authorize a master, mate, or engineer 
whom the Secretary decides possesses the experi-
ence on an offshore supply vessel under 6,000 
VerDate Nov 24 2008 
20:41 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6203
E:\BILLS\H3619.RH
H3619
mstockstill on DSKH9S0YB1PROD with BILLS