H. R. 3619—55 
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); 
‘‘(B) actively advises the individual adjudicating 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 following new item: 
‘‘102. Appeals and waivers.’’. 
SEC. 525. 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 profes-
sional courses of study in marine safety are provided 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 adminis-
trative law and regulations.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such chapter is 
further amended by adding at the end the following new item: 
‘‘200. Marine safety curriculum.’’. 
SEC. 526. REPORT REGARDING CIVILIAN MARINE INSPECTORS. 
Not later than 1 year after the date of enactment of this 
Act, the Commandant of the Coast Guard 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 on Coast Guard’s efforts 
to recruit and retain civilian marine inspectors and investigators 
and the impact of such recruitment and retention efforts on Coast 
Guard organizational performance. 
TITLE VI—MARINE SAFETY 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Maritime Safety Act of 2010’’. 
SEC. 602. 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 subparagraph (A)(ii); 
(3) by striking subparagraph (A)(iii); 
(4) by striking the period at the end of subparagraph (B) 
and inserting a semicolon; and 
(5) by inserting at the end the following: 
‘‘(C) the vessel is either a rebuilt vessel or a replace-
ment vessel under section 208(g) of the American Fisheries 
Act (title II of division C of Public Law 105–277; 112
H. R. 3619—56 
Stat. 2681–627) and is eligible for a fishery endorsement 
under this section; or 
‘‘(D) the vessel is a fish tender vessel that is not 
engaged in the harvesting or processing of fish.’’. 
(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 fol-
lows: 
‘‘(g) VESSEL REBUILDING AND REPLACEMENT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REBUILD
OR
REPLACE.—Notwithstanding any 
limitation to the contrary on replacing, 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 Coast Guard Authorization 
Act of 2010 and except as provided in paragraph (4), the 
owner of a vessel eligible under subsection (a), (b), (c), 
(d), or (e), in order to improve vessel safety and operational 
efficiencies (including fuel efficiency), may rebuild or 
replace that vessel (including 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 sub-
section as the vessel being rebuilt or replaced. 
‘‘(C) TRANSFER
OF
PERMITS
AND
LICENSES.—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 
or its owner, as necessary to permit such rebuilt or replace-
ment vessel to operate in the same manner as the vessel 
prior to the rebuilding or the vessel it replaced, respec-
tively. 
‘‘(2) 
RECOMMENDATIONS
OF
NORTH
PACIFIC
FISHERY 
MANAGEMENT COUNCIL.—The North Pacific Fishery Manage-
ment Council may recommend for approval by the Secretary 
such conservation and management measures, including size 
limits and measures to control fishing capacity, in accordance 
with the Magnuson-Stevens Act as it considers necessary to 
ensure that this subsection does not diminish the effectiveness 
of fishery management plans of the Bering Sea and Aleutian 
Islands Management Area or the Gulf of Alaska. 
‘‘(3) SPECIAL
RULE
FOR
REPLACEMENT
OF
CERTAIN
VES-
SELS.— 
‘‘(A) IN GENERAL.—Notwithstanding the requirements 
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), or (e) and that qualifies to be docu-
mented with a fishery endorsement pursuant to section 
213(g) may be replaced with a replacement vessel under 
paragraph (1) if the vessel that is replaced is validly docu-
mented with a fishery endorsement pursuant to section 
213(g) before the replacement vessel is documented with
H. R. 3619—57 
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 213(g) that are 
applicable to the vessel that has been replaced and its 
owner and mortgagee. 
‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER VESSELS.— 
‘‘(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 Pacific 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 paragraph (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 described in paragraph (1). 
‘‘(6) GULF OF ALASKA LIMITATION.—Notwithstanding para-
graph (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 Federal Regula-
tions, as in effect on the date of enactment of the Coast Guard 
Authorization Act of 2010. 
‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Nothing in this sec-
tion shall be construed to diminish or otherwise affect the 
authority of the Pacific Council to recommend to the Secretary 
conservation and management measures to protect fisheries 
under its jurisdiction (including the Pacific whiting fishery) 
and participants in such fisheries from adverse impacts caused 
by this Act.’’. 
(2) REPEAL OF EXEMPTION OF CERTAIN VESSELS.—Section 
203(g) of the American Fisheries Act (title II of division C 
of Public Law 105–277; 112 Stat. 2681–620) is repealed. 
(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
DETERMINATION.—For pur-
poses of determining the aggregate percentage of directed 
fishing allowances under paragraph (1), when a catcher
H. R. 3619—58 
vessel is removed from the directed pollock fishery, the 
fishery allowance for pollock for the vessel being removed— 
‘‘(i) shall be based on the catch history determina-
tion for the vessel made pursuant to section 679.62 
of title 50, Code of Federal Regulations, as in effect 
on the date of enactment of the Coast Guard Authoriza-
tion Act of 2010; 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 
cooperative if such vessel or vessels remain in the 
fishery cooperative for at least one year after the date 
on which the vessel being removed leaves the directed 
pollock fishery. 
‘‘(B) ELIGIBILITY FOR FISHERY ENDORSEMENT.—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 partici-
pate in any fishery 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
CONSTRUCTION.— 
Nothing in this paragraph shall be construed— 
‘‘(i) to make the vessels AJ (United States official 
number 905625), DONA MARTITA (United States offi-
cial number 651751), NORDIC EXPLORER (United 
States official number 678234), and PROVIDIAN 
(United States official number 1062183) ineligible for 
a fishery endorsement or any permit necessary to 
participate in any fishery under the authority of the 
New England Fishery Management Council or the Mid- 
Atlantic Fishery Management Council established, 
respectively, under subparagraphs (A) and (B) of sec-
tion 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 consistent with the fishery management 
plan for the fishery developed by the Councils under 
section 303 of the Magnuson-Stevens Act.’’. 
SEC. 603. COLD WEATHER SURVIVAL TRAINING. 
The Commandant of the Coast Guard shall report to the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the efficacy of cold weather survival 
training conducted by the Coast Guard over the preceding 5 years. 
The report shall include plans for conducting such training in 
fiscal years 2010 through 2013. 
SEC. 604. FISHING VESSEL SAFETY. 
(a) SAFETY STANDARDS.—Section 4502 of title 46, United States 
Code, is amended— 
(1) in subsection (a), by—