Commercial Fishing Industry Vessel Safety Act of 1988
PL 100-424 (H.R.1841), enacted 09/09/1988

PUBLIC LAW 100-424—SEPT. 9, 1988 
102 STAT. 1585 
Public Law 100-424 
100th Congress 
An Act 
To provide for the establishment of additional safety requirements for fishing 
industry 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 Safety Act of 1988". 
SEC. 2. UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSEL SAFETY 
REQUIREMENTS. 
(a) IN GENERAL.—Chapter 45 of title 46, United States Code, is 
amended to read as follows: 
"CHAPTER 45—UNINSPECTED COMMERCIAL 
FISHING INDUSTRY VESSELS 
"Sec. 
"4501. Application. 
"4502. Safety standards. 
"4503. Fish processing vessel certification. 
"4504. Prohibited acts. 
"4505. Termination of unsafe operations. 
"4506. Exemptions. 
"4507. Penalties. 
"4508. Commercial Fishing Industry Vessel Advisory Committee. 
"§ 4501. Application 
"(a) This chapter applies to an uninspected vessel which is a 
fishing vessel, fish processing vessel, or fish tender vessel. 
"(b) This chapter does not apply to the carriage of bulk dangerous 
cargoes regulated under chapter 37 of this title. 
"§ 4502. Safety standards 
"(a) The Secretary shall prescribe regulations which 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 which 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; 
Sept. 9, 1988 
[H.R. 1841] 
Commercial 
Fishing Industry 
Vessel Safety 
Act of 1988. 
46 u s e 2101 
note. 
46 u s e 4501. 
46 u s e 4502. 
Regulations. 
102 STAT. 1586 
PUBLIC LAW 100-424—SEPT. 9, 1988 
"(6) a buoyant apparatus, if the vessel is of a type required by 
regulations prescribed by the Secretary to be equipped with that 
apparatus; 
"(7) alerting and locating equipment, including emergency 
position indicating radio beacons, on vessels that operate on the 
high seas; and 
"(8) a placard as required by regulations prescribed under 
section 10603(b) of this title. 
Regulations. 
"(b) In addition to the requirements of subsection (a) of this 
section, the Secretary shall prescribe regulations for documented 
vessels to which this chapter applies that operate beyond the Bound-
ary Line or that operate with more than 16 individuals on board, for 
the installation, maintenance, and use of— 
"(1) alerting and locating equipment, including emergency 
position indicating radio beacons; 
"(2) lifeboats or liferafts sufficient to accommodate all individ-
uals on board; 
"(3) at least one readily accessible immersion suit for each 
individual on board that vessel when operating on the waters 
described in section 3102 of this title; 
"(4) radio communications equipment sufficient to effectively 
communicate with land-based search and rescue facilities; 
"(5) navigation equipment, including compasses, radar reflec-
tors, nautical charts, and anchors; 
"(6) first aid equipment, including medicine chests; and 
"(7) other equipment required to minimize the risk of injury 
to the crew during vessel operations, if the Secretary deter-
mines that a risk of serious injury exists that can be eliminated 
or mitigated by that equipment. 
"(c) In addition to the requirements described in subsections (a) 
and (b) of this section, the Secretary may prescribe regulations 
establishing minimum safety standards for vessels to which this 
chapter applies that were built after December 31, 1988, or that 
undergo a major conversion completed after that date, and that 
operate with more than 16 individuals on board, including standards 
relating to— 
"(1) navigation equipment, including radars and fathometers; 
"(2) life saving 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. 
Regulations. 
"(d)(1) The Secretary shall prescribe regulations for the operating 
stability of a vessel to which this chapter applies— 
"(A) that was built after December 31,1989; or 
"(B) the physical characteristics of which are substantially 
altered after December 31, 1989, in a manner that affects the 
vessel's operating stability. 
"(2) The Secretary may accept, as evidence of compliance with this 
subsection, a certification of compliance issued by the person provid-
ing insurance for the vessel or by another qualified person approved 
by the Secretary. 
"(e) In prescribing regulations under this chapter, the Secretary— 
PUBLIC LAW 100-424—SEPT. 9, 1988 
102 STAT. 1587 
"(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 the regulation. 
"(f) The Secretary shall examine a fish processing vessel at least 
once every two years to ensure that the vessel complies with the 
requirements of this chapter. 
"§ 4503. Fish processing vessel certification 
46 USC 4503. 
"(a) A fish processing vessel to which this section applies may not 
be operated unless the vessel— 
"(1) meets all survey and classification requirements pre-
scribed by the American Bureau of Shipping or another simi-
larly qualified organization approved by the Secretary; and 
"(2) has on board a certificate issued by the American Bureau 
of Shipping or that other organization evidencing compliance 
with this subsection. 
"(b) This section applies to a fish processing vessel to which this 
chapter applies that— 
"(1) is built after July 27,1990; or 
"(2) undergoes a major conversion completed after that date. 
"§ 4504. Prohibited acts 
46 USC 4504. 
"A person may not operate a vessel in violation of this chapter or 
a regulation prescribed under this chapter. 
"§ 4505. Termination of unsafe operations 
46 USC 4505. 
"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 nec-
essary for the safety of individuals on board the vessel if the 
official observes the vessel being operated in an unsafe condi-
tion 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 4503(1) of this title to return the vessel to 
a mooring and to remain there until the vessel is in compliance 
with that section. 
"§ 4506. Exemptions 
46 USC 4506. 
"(a) 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 fin<fi 
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. 
"(b) A vessel to which this chapter applies is exempt from section 
4502(b)(2) of this title if it— 
"(1) is less than 36 feet in length; and 
"(2) is not operating on the high seas. 
102 STAT. 1588 
PUBLIC LAW 100-424—SEPT. 9, 1988 
46 use 4508. 
Establishment. 
46 use 4507. 
"§ 4507. Penalties 
"(a) The owner, chsirterer, managing operator, agent, master, and 
individual in charge of a vessel to which this chapter applies which 
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 $5,000. Any vessel with respect to which 
a penalty is assessed under this subsection is liable in rem for the 
penalty. 
"(b) A person 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. 
"§ 4508. Commercial Fishing Industry Vessel Advisory Committee 
"(a) The Secretary shall establish a Commercial Fishing Industry 
Vessel Advisory Committee. The Committee— 
"(1) may advise, consult with, report to, and make rec-
ommendations to the Secretary on matters relating to the safe 
operation of vessels to which this chapter applies, including 
navigation safety, safety equipment and procedures, marine 
insurance, vessel design, construction, maintenance and oper-
ation, and personnel qualifications and training; 
"(2) may review proposed regulations under this chapter; 
"(3) may make available to Congress any information, advice, 
and recommendations that the Committee is authorized to give 
to the Secretary; and 
"(4) shall meet at the call of the Secretary, who shall call such 
a meeting at least once during each calendar year. 
"(bXl) The Committee shall consist of seventeen members with 
particular expertise, knowledge, and experience regarding the 
commercial fishing industry as follows: 
"(A) ten members from the commercial fishing industry 
who— 
"(i) reflect a regional and representational balance; and 
"(ii) have experience in the operation of vessels to which 
this chapter applies or as a crew member or processing line 
worker on an uninspected fish processing vessel; 
"(B) three members from the general public, including, when-
ever possible, an independent expert or consultant in maritime 
safety and a member of a national organization composed of 
persons representing owners of vessels to which this chapter 
applies and persons representing the marine 
insurance 
industry; 
"(C) one member representing each of^ 
"(i) naval architects or marine surveyors; 
"(ii) manufacturers of equipment for vessels to which this 
chapter applies; 
"(iii) education or training professionals related to fishing 
vessel, fish processing vessel, or fish tender vessel safety or 
personnel qualifications; and 
"(iv) underwriters that insure vessels to which this chap-
ter applies. 
Federal 
"(2) At least once each year, the Secretary shall publish a notice in 
Register, 
the Federal Register and in newspapers of general circulation in 
publication. 
coastal areas soliciting nominations for membership on the C!ommit-
tee, and, after timely notice is published, appoint the members of 
PUBLIC LAW 100-424—SEPT. 9, 1988 
102 STAT. 1589 
the Committee. An individual may be appointed to a term as a 
member of the Committee more than once. 
"(3XA) A member of the Committee shall serve a term of three 
years. 
"(B) If a vacancy occurs in the membership of the Committee, the 
Secretary shall appoint a member to fill the remainder of the 
vacated term. 
"(4) The Committee shall elect one of its members as the Cheiir-
man and one of its members as the Vice Chairman. The Vice 
Chairman shall act as Chairman in the absence or incapacity of, or 
in the event of a vacancy in the office of, the Chairman. 
"(5) The Secretary shall, and any other interested agency may, 
designate a representative to participate as an observer with the 
Committee. These representatives shaU., as appropriate, report to 
and advise the Committee on matters relating to vessels to which 
this chapter applies which are under the jurisdiction of their respec-
tive agencies. The Secretary's designated representative shall act as 
executive secretary for the Committee and perform the duties set 
forth in section 10(c) of the Federal Advisory (Committee Act (5 App. 
U.S.C.). 
"(cXD The Secretary shall, whenever practicable, consult with the 
Committee before taking any significant action relating to the safe 
operation of vessels to which this chapter appUes. 
"(2) The Secretary shall consider the information, advice, and 
recommendations of the C!ommittee in consulting with other agen-
cies and the public or in formulating policy regarding the safe 
operation of vessels to which this chapter applies. 
"(dXD A member of the C!ommittee who is not an officer or 
employee of the United States or a member of the Armed Forces, 
when attending meetings of the CJommittee or when otherwise 
engaged in the business of the Committee, is entitled to receive— 
"(A) compensation at a rate fixed by the Secretary, not 
exceeding the daily equivalent of the current rate of basic pay 
in effect for GS-18 of the General Schedule under section 5332 
of title 5 including travel time; and 
"(B) travel or transportation expenses under section 5703 of 
title 5. 
"(2) Pajnnents under this section do not render a member of the 
Committee an officer or employee of the United States or a member 
of the Armed Forces for any purpose. 
"(3) A member of the Clommittee who is an officer or employee of 
the United States or a member of the Armed Forces may not receive 
additional pay based on the member's service to the Committee. 
"(4) The provisions of this section relating to an officer or em-
ployee of the United States or a member of the Armed Forces do not 
apply to a member of a reserve component of the Armed Forces 
unless that member is in an active status. 
"(eXD The Federal Advisory Committee Act (5 U.S.C. App. 1 et Termination 
seq.) applies to the Committee, except that the Committee termi- date, 
nates on September 30,1992. 
"(2) Two years prior to the termination date referred to in para-
graph (1) of this subsection, the CJommittee shall submit to CJongress 
its recommendation regarding whether the (Committee should be 
renewed and continued beyond the termination date.". 
(b) INITIAL APPOINTMENTS TO (IJOMMERCIAL FISHING INDUSTRY 46 use 4508 
ADVISORY (DOMMFTTEE.— 
note. 
102 STAT. 1590 
PUBLIC LAW 100-424—SEPT. 9, 1988 
(1) TERMS OF INITIAL APPOINTMENTS.—Of the members first 
appointed to the Commercial Fishing Industry 
Advisory 
Committee under section 4508 of title 46, United States Code (as 
amended by this Act)— 
(A) one-third of the members shall serve a term of one 
year and one-third of the members shall serve a term of two 
years, to be determined by lot at the first meeting of the 
Committee; and 
(B) terms may be adjusted to coincide with the Govern-
ment's fiscal year. 
(2) COMPLETION OF INITIAL APPOINTMENTS.—The Secretary 
shall complete appointment of members pursuant to this 
subsection not later than 90 days after the date of the enactment 
of this Act. 
(c) REPEAL.—Subsection (e) of section 4102 of title 46, United 
States Code, is repealed. 
46 use 7101 
SEC. 3. PLAN FOR LICENSING OPERATORS OF FISHING INDUSTRY 
note. 
VESSELS. 
The Secretary of the department in which the Cosist Guard is 
operating shall, within two years after the date of enactment of this 
Act, and in close consultation with the Commercial Fishing Industry 
Vessel Advisory Committee established under section 4508 of title 
46, United States Code (as amended by this Act), prepare and submit 
to the Congress a plan for the licensing of operators of documented 
fishing, fish processing, and fish tender vessels. The plan shall take 
into consideration the nature and variety of the different United 
States fisheries and of the vessels engaged in those fisheries, the 
need to license all operators or only those working in certain types 
of fisheries or vessels, and other relevant factors. 
SEC. 4. ACCIDENT DATA STATISTICS. 
(a) COMPILATION AND SUBMISSION OF DATA.—Chapter 61 of title 46, 
United States Code, is amended by adding at the end the following 
new section: 
"§ 6104. Commercial Ashing industry vessel casualty statistics 
"(a) The Secretary shall compile statistics concerning marine 
casualties from data compiled from insurers of fishing vessels, fish 
processing vessels, and fish tender vessels. 
"Ot)) A person underwriting primary insurance for a fishing vessel, 
fish processing vessel, or fish tender vessel shall submit periodically 
to the Secretary data concerning marine casualties that is required 
by regulations prescribed by the Secretary. 
R^ulations. 
"(c) After consulting with the insurance industry, the Secretary 
shall prescribe regulations under this section to gather a statistical 
base for analyzing vessel risks. 
"(d) The Secretary may delegate to a qualified person that has 
knowledge and experience in the collection of statistical insurance 
data the authority of the Secretary under this section to compile 
statistics from insurers.". 
O
k
)
) PENALTY.—Section 6103 of title 46, United States Code, is 
amended as follows: 
(1) before "An" insert "(a)"; and 
(2) add the following new subsection: 
Records. 
Insurance. 
46 use 6104. 
t"^ ;^*-\-r':^j^^^*':^^*^>'?;??" 
PUBLIC LAW 100-424—SEPT. 9, 1988 
102 STAT. 1591 
"(b) A person failing to comply with section 6104 of this title or a 
regulation prescribed under that section is liable to the Government 
for a civil penalty of not more than $5,000.". 
(c) CONFORMING AMENDMENT.—The analysis for chapter 61 of title 
46, United States Code, is amended by adding at the end the 
following: 
"6104. Ck}mmercial fishing industry vessel casualty statistics.". 
SEC. 5. STUDIES. 
46 USC 4502 
(a) FISHING INDUSTRY VESSEL INSPECTION STUDY.—The Secretary 
^°^' 
of Transportation, utilizing the National Academy of Engineering 
and in consultation with the National Transportation Safety Board, 
the Commercial Fishing Industry Vessel Advisory Committee, and 
the fishing industry, shall— 
(1) conduct a study of the safety problems on fishing industry 
vessels; 
(2) make recommendations regarding whether a vessel inspec-
tion program should be implemented for fishing vessels, fish 
tender vessels, and fish processing vessels, including rec-
ommendations on the nature and scope of that inspection; and 
(3) submit the study and recommendations to Congress before 
January 1,1990. 
O
t
)
) UNCLASSIFIED FISH PROCESSING VESSEL STUDY.—The Secretary 
of the department in which the Coast Guard is operating, in con-
sultation with the Commercial Fishing Industry Vessel Advisory 
Committee established under section 4508 of title 46, United States 
Code (as amended by this Act), and with representatives of persons 
operating fish processing vessels— 
(1) shall conduct a study of fish processing vessels that are not 
surveyed and classed by an organization approved by the 
Secretary; 
(2) shall make recommendations regarding what hull and 
machinery requirements should apply to vessels described in 
paragraph (1) to ensure that those vessels are operated and 
maintained in a condition in which they are safe to operate at 
sea; and 
(3) shall submit the study and recommendations to Congress 
before July 28,1991. 
SEC. 6. FISHING VOYAGE REQUIREMENTS. 
(a) ENACTMENT OF NEW CHAPTER IN TITLE 46.—Title 46, United 
States Code, is amended by inserting after chapter 105 the following: 
"CHAPTER 106—FISHING VOYAGES 
"Sec. 
.•-.• 
"10601. Fishing agreements. 
"10602. Recovery of wages and shares of fish under agreement. 
"10603. Seaman s duty to notify employer regarding illness, disability, and injury. 
"§ 10601. Fishing agreements 
46 USC 10601. 
"(a) Before proceeding on a voyage, the mcister or individual in 
charge of a fishing vessel, fish processing vessel, or fish tender vessel 
shall make a fishing agreement in writing with each seaman 
enployed on board if the vessel is— 
"(1) at least 20 gross tons; and 
"(2) on a voyage from a port in the United States. 
"(b) The agreement shall be signed also by the owner of the vessel. 
102 STAT. 1592 
PUBLIC LAW 100-424—SEPT. 9, 1988 
Wages. 
46 use 10602. 
46 use 10603. 
Regulations. 
46 use 4501 
note. 
"(c) The agreement shall— 
"(1) state the period of effectiveness of the agreement; 
"(2) include the terms of any wage, share, or other compensa-
tion arrangement peculiar to the fishery in which the vessel 
will be engaged during the period of the agreement; and 
"(3) include other agreed terms. 
"§ 10602. Recovery of wages and shares of fish under agreement 
"(a) When fish caught under an agreement under section 10601 of 
this title are delivered to the owner of the vessel for processing and 
are sold, the vessel is liable in rem for the wages and shares of the 
proceeds of the seamen. An action under this section must be 
brought within six months after the sale of the fish. 
"(b)(1) In an action under this section, the owner shall produce an 
accounting of the sale and division of proceeds under the agreement. 
If the owner fails to produce the accounting, the vessel is liable for 
the highest value alleged for the shares. 
"(2) The owner may offset the value of general supplies provided 
for the voyage and other supplies provided the seaman bringing the 
action. 
"(c) This section does not affect a common law right of a seaman 
to bring an action to recover the seaman's share of the fish or 
proceeds. 
"§ 10603. Seaman's duty to notify employer regarding illness, 
disability, and injury 
"(a) A seaman on a fishing vessel, fish processing vessel, or fish 
tender vessel shall notify the master or individual in charge of the 
vessel or other agent of the employer regarding any illness, disabil-
ity, or injury suffered by the seaman when in service to the vessel 
not later than seven days after the date on which the illness, 
disability, or injury arose. 
"(b) The Secretary shall prescribe regulations requiring that each 
fishing vessel, fish processing vessel, and fish tender vessel shall 
have on board a placard displayed in a prominent location accessible 
to the crew describing the seaman's duty under subsection (a) of this 
section.". 
(b) CONFORMING AMENDMENT.—The table of contents at the begin-
ning of title 46, United States Code, is amended by inserting after 
the item relating to chapter 105 the following: 
"106. Fishing voyages 
10601.". 
(c) REPEALS.—Sections 4391, 4392, 4393, and 4394 of the Revised 
Statutes of the United States (46 App. U.S.C. 531-534) are repealed. 
SEC. 7. TRANSITIONAL PROVISION. 
Until July 28,1990, a foreign built fish processing vessel subject to 
chapter 45 of title 46, United States Code, is deemed to comply with 
the requirements of that chapter if— 
(1) it has an unexpired certificate of inspection issued by a 
foreign country that is a party to an International C!onvention 
for Safety of Life at Sea to which the United States Government 
is a party; and 
(2) it is in compliance with the safety requirements of that 
foreign country that apply to that vessel. 
SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) IMMERSION SUITS.— 
^^^^^^^fp' 
PUBLIC LAW 100-424—SEPT. 9, 1988 
102 STAT. 1593 
(1) REQUIREMENT.—Section 3102 of title 46, United States 
Code, is amended by striking "exposure" each place it appears 
and inserting in lieu thereof "immersion". 
(2) SECTION HEADING.—The section heading for section 3102 of 
that title is amended by striking "Exposure" and inserting in 
lieu thereof "Immersion". 
(3) ANALYSIS.—The chapter analysis for chapter 31 of that 
title is amended by striking "Exposure" and inserting in lieu 
thereof "Immersion". 
(b) OTHER UNINSPECTED VESSEL REQUIREMENTS.—Section 4101 of 
title 46, United States Code, is amended by inserting "not subject to 
chapter 45 of this title" after "uninspected vessel". 
(c) MAJOR CONVERSION DEFINED.— 
(1) DEFINITION.—Section 2101 of title 46, United States Code, 
is amended by inserting after paragraph (14) the following: 
"(14a) 'major conversion' means a conversion of a vessel 
that— 
"(A) substantially changes the dimensions or carrying 
capacity of the vessel; 
"(B) changes the type of the vessel; 
"(C) substantially prolongs the life of the vessel; or 
"(D) otherwise so changes the vessel that it is essentially 
a new vessel, as decided by the Secretary.". 
(2) REPEAL.—Section 3701(2) of title 46, United States Code, is 
repealed. 
Approved September 9, 1988. 
LEGISLATIVE HISTORY—H.R. 1841: 
HOUSE REPORTS: No. 100-729 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
June 27, 28, considered and passed House. 
Aug. 11, considered and passed Senate. 
o