46 U.S.C. § 4503
Section 4503 · Fish processing vessel certification
Current version, with additions and removals from the December 20, 2012 version.
(1) meets all survey and classification requirements prescribed by the American Bureau of Shipping or another similarly qualified organization approved by the Secretary; and
(1) meets all survey and classification requirements prescribed by the American Bureau of Shipping or another similarly 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.
(2) has on board a certificate issued by the American Bureau of Shipping or that other organization evidencing compliance with this subsection.
(1) is built after July 27, 1990; or
(1) is built after July 27, 1990; or
(2) undergoes a major conversion completed after that date.
(2) undergoes a major conversion completed after that date.
(B) is built before July 1, 2013; and
(C) is 25 years of age or older.
(2) A fishing vessel, fish processing vessel, or fish tender vessel built before July 1, 2013, that undergoes a major conversion completed after the later of July 1, 2013, or the date the Secretary establishes standards for an alternate safety compliance program, shall comply with such an alternative safety compliance program that is developed in cooperation with the commercial fishing industry and prescribed by the Secretary.
(3) Alternative safety compliance programs may be developed for purposes of paragraph (1) for specific regions and fisheries.
(4) Notwithstanding paragraph (1), vessels owned by a person that owns more than 30 vessels subject to that paragraph are not required to meet the alternate safety compliance requirements of that paragraph until January 1, 2030, if that owner enters into a compliance agreement with the Secretary that provides for a fixed schedule for all of the vessels owned by that person to meet requirements of that paragraph by that date and the vessel owner is meeting that schedule.
(5) A fishing vessel, fish processing vessel, or fish tender vessel to which section 4502(b) of this title applies that was classed before July 1, 2012, shall—
(A) remain subject to the requirements of a classification society approved by the Secretary; and
(B) have on board a certificate from that society.
(B)(i) is built after the date of the enactment of the Coast Guard Authorization Act of 2016; and
(ii) complies with—
(I) the requirements described in subsection (d); or
(II) the alternative requirements established by the Secretary under subsection (e).
(d) The requirements referred to in subsection (c)(2)(B)(ii)(I) are the following:
(1) The vessel is designed by an individual licensed by a State as a naval architect or marine engineer, and the design incorporates standards equivalent to those prescribed by a classification society to which the Secretary has delegated authority under section 3316 or another qualified organization approved by the Secretary for purposes of this paragraph.
(2) Construction of the vessel is overseen and certified as being in accordance with its design by a marine surveyor of an organization accepted by the Secretary.
(3) The vessel—
(A) completes a stability test performed by a qualified individual;
(B) has written stability and loading instructions from a qualified individual that are provided to the owner or operator; and
(C) has an assigned loading mark.
(4) The vessel is not substantially altered without the review and approval of an individual licensed by a State as a naval architect or marine engineer before the beginning of such substantial alteration.
(5) The vessel undergoes a condition survey at least twice in 5 years, not to exceed 3 years between surveys, to the satisfaction of a marine surveyor of an organization accepted by the Secretary.
(6) The vessel undergoes an out-of-water survey at least once every 5 years to the satisfaction of a certified marine surveyor of an organization accepted by the Secretary.
(7) Once every 5 years and at the time of a substantial alteration to such vessel, compliance of the vessel with the requirements of paragraph (3) is reviewed and updated as necessary.
(8) For the life of the vessel, the owner of the vessel maintains records to demonstrate compliance with this subsection and makes such records readily available for inspection by an official authorized to enforce this chapter.
(e)(1) Not later than 10 years after the date of the enactment of the Coast Guard Authorization Act of 2016, the Secretary 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 that provides an analysis of the adequacy of the requirements under subsection (d) in maintaining the safety of the fishing vessels and fish tender vessels which are described in subsection (c)(2) and which comply with the requirements of subsection (d).
(2) If the report required under this subsection includes a determination that the safety requirements under subsection (d) are not adequate or that additional safety measures are necessary, then the Secretary may establish an alternative safety compliance program for fishing vessels or fish tender vessels (or both) which are described in subsection (c)(2) and which comply with the requirements of subsection (d).
(3) The alternative safety compliance program established under this subsection shall include requirements for—
(A) vessel construction;
(B) a vessel stability test;
(C) vessel stability and loading instructions;
(D) an assigned vessel loading mark;
(E) a vessel condition survey at least twice in 5 years, not to exceed 3 years between surveys;
(F) an out-of-water vessel survey at least once every 5 years;
(G) maintenance of records to demonstrate compliance with the program, and the availability of such records for inspection; and
(H) such other aspects of vessel safety as the Secretary considers appropriate.
(2) In the case of a vessel greater than 79 feet overall in length, for purposes of paragraph (1)(A) a keel is deemed to be laid when a marine surveyor affirms that a structure adequate for serving as a keel for such vessel is in place and identified for use in the construction of such vessel.