Commercial Fishing Industry Vessel Clarification Act

I 116TH CONGRESS 1ST SESSION H. R. 3140 To amend title 46, United States Code, to set standards for the operation of uninspected commercial fishing vessels, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 5, 2019 Mr. PAPPAS introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 46, United States Code, to set standards for the operation of uninspected commercial fishing ves- sels, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Commercial Fishing 4 Industry Vessel Clarification Act’’. 5 SEC. 2. UNINSPECTED COMMERCIAL FISHING INDUSTRY 6 VESSELS. 7 (a) IN GENERAL.—Subtitle II of title 46, United 8 States Code, is amended by striking chapter 45 and insert- 9 ing the following: 10 VerDate Sep 11 2014 04:47 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3140.IH H3140 kjohnson on DSK79L0C42 with BILLS 2 •HR 3140 IH ‘‘CHAPTER 45—UNINSPECTED 1 COMMERCIAL INDUSTRY VESSELS 2 ‘‘Sec. ‘‘4501. Application. ‘‘4502. Definitions. ‘‘4503. Safety standards. ‘‘4504. Vessel construction. ‘‘4505. Operating stability. ‘‘4506. Training. ‘‘4507. Vessel certification. ‘‘4508. Alternate safety compliance program. ‘‘4509. Substitute safety compliance program. ‘‘4510. Enhanced substitute safety compliance program. ‘‘4511. Prohibited acts. ‘‘4512. Termination of unsafe operations. ‘‘4513. Penalties. ‘‘4514. Compliance; Secretary actions. ‘‘4515. Exemptions. ‘‘4516. Regulations; considerations and limitations. ‘‘4517. Fishing safety grants. ‘‘§ 4501. Application 3 ‘‘(a) IN GENERAL.—Except as provided in subsection 4 (b), this chapter applies to an uninspected vessel that is 5 a fishing vessel, fish processing vessel, or fish tender ves- 6 sel. 7 ‘‘(b) CARRIAGE OF BULK DANGEROUS CARGOES.— 8 This chapter does not apply to the carriage of bulk dan- 9 gerous cargoes regulated under chapter 37. 10 ‘‘§ 4502. Definitions 11 ‘‘In this chapter: 12 ‘‘(1) The term ‘accountable vessel’ means a ves- 13 sel to which this chapter applies that— 14 ‘‘(A)(i) was built after December 31, 1988, 15 or undergoes a major conversion completed 16 after that date; and 17 VerDate Sep 11 2014 04:47 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3140.IH H3140 kjohnson on DSK79L0C42 with BILLS 3 •HR 3140 IH ‘‘(ii) operates with more than 16 individ- 1 uals on board; or 2 ‘‘(B) in the case of a fish tender vessel, en- 3 gages in the Aleutian trade. 4 ‘‘(2) The term ‘auxiliary craft’ means a vessel 5 that is carried onboard a fishing vessel and is nor- 6 mally used to support fishing operations. 7 ‘‘(3)(A) The term ‘built’ means, with respect to 8 a vessel, that the vessel’s construction has reached 9 any of the following stages: 10 ‘‘(i) The vessel’s keel is laid. 11 ‘‘(ii) Construction identifiable with the ves- 12 sel has begun and assembly of that vessel has 13 commenced comprising of at least 50 metric 14 tons or one percent of the estimated mass of all 15 structural material, whichever is less. 16 ‘‘(B) In the case of a vessel greater than 79 17 feet in overall length, for purposes of subparagraph 18 (A)(i), a keel is deemed to be laid when a marine 19 surveyor affirms that a structure adequate for serv- 20 ing as a keel for such vessel is in place and identi- 21 fied for use in the construction of such vessel. 22 ‘‘(4) The term ‘subject vessel’ means a vessel to 23 which this chapter applies that— 24 VerDate Sep 11 2014 04:47 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3140.IH H3140 kjohnson on DSK79L0C42 with BILLS 4 •HR 3140 IH ‘‘(A) operates beyond 3 nautical miles from 1 the baseline from which the territorial sea of 2 the United States is measured or beyond 3 nau- 3 tical miles from the coastline of the Great 4 Lakes; 5 ‘‘(B) operates with more than 16 individ- 6 uals on board; or 7 ‘‘(C) in the case of a fish tender vessel, en- 8 gages in the Aleutian trade. 9 ‘‘(5) The term ‘substitute-eligible vessel’ means 10 a fishing vessel or fish tender vessel that is— 11 ‘‘(A) a subject vessel; 12 ‘‘(B) at least 50 feet overall in length, and 13 not more than 180 feet overall in length as list- 14 ed on the vessel’s certificate of documentation 15 or certificate of number; and 16 ‘‘(C) built after February 8, 2016. 17 ‘‘§ 4503. Safety standards 18 ‘‘(a) IN GENERAL.—The Secretary shall prescribe 19 regulations that require that each vessel to which this 20 chapter applies shall be equipped with— 21 ‘‘(1) readily accessible fire extinguishers capable 22 of promptly and effectively extinguishing a flam- 23 mable or combustible liquid fuel fire; 24 VerDate Sep 11 2014 04:47 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3140.IH H3140 kjohnson on DSK79L0C42 with BILLS 5 •HR 3140 IH ‘‘(2) at least one readily accessible life preserver 1 or other lifesaving device for each individual on 2 board; 3 ‘‘(3) an efficient flame arrestor, backfire trap, 4 or other similar device on the carburetors of each in- 5 board engine that uses gasoline as fuel; 6 ‘‘(4) the means to properly and efficiently venti- 7 late enclosed spaces, including engine and fuel tank 8 compartments, so as to remove explosive or flam- 9 mable gases; 10 ‘‘(5) visual distress signals; 11 ‘‘(6) other equipment required to minimize the 12 risk of injury to the crew during vessel operations, 13 if the Secretary determines that a risk of serious in- 14 jury exists that can be eliminated or mitigated by 15 that equipment; and 16 ‘‘(7) a placard as required by regulations pre- 17 scribed under section 10603(b). 18 ‘‘(b) SUBJECT VESSELS.—In addition to the require- 19 ments of subsection (a), the Secretary shall prescribe reg- 20 ulations requiring that subject vessels install, maintain, 21 and use the following equipment: 22 ‘‘(1) Alerting and locating equipment, including 23 emergency position indicating radio beacons. 24 VerDate Sep 11 2014 04:47 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3140.IH H3140 kjohnson on DSK79L0C42 with BILLS 6 •HR 3140 IH ‘‘(2)(A) Subject to subparagraph (B), a survival 1 craft that— 2 ‘‘(i) ensures that no part of an individual 3 is immersed in water; and 4 ‘‘(ii) is sufficient to accommodate all indi- 5 viduals on board. 6 ‘‘(B) Except for a nonapplicable vessel, an aux- 7 iliary craft shall satisfy the equipment requirement 8 under paragraph (2)(B) if such craft is— 9 ‘‘(i) necessary for normal fishing oper- 10 ations; 11 ‘‘(ii) readily accessible during an emer- 12 gency; and 13 ‘‘(iii) capable, in accordance with the Coast 14 Guard capacity rating, when applicable, of safe- 15 ly holding all individuals on board the vessel to 16 which the craft functions as an auxiliary. 17 ‘‘(3) At least one readily accessible immersion 18 suit for each individual on board the vessel when op- 19 erating on the waters described in section 3102. 20 ‘‘(4) Marine radio communications equipment 21 sufficient to effectively communicate with a land- 22 based search and rescue facility. 23 ‘‘(5) Navigation equipment, including com- 24 passes, nautical charts, and publications. 25 VerDate Sep 11 2014 04:47 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3140.IH H3140 kjohnson on DSK79L0C42 with BILLS 7 •HR 3140 IH ‘‘(6) First aid equipment and medical supplies 1 sufficient for the size and area of operation of the 2 vessel. 3 ‘‘(7) Ground tackle sufficient for the vessel. 4 ‘‘(c) ACCOUNTABLE VESSELS.—In addition to the re- 5 quirements described in subsections (a) and (b), the Sec- 6 retary may prescribe regulations establishing minimum 7 safety standards for accountable vessels, including stand- 8 ards relating to— 9 ‘‘(1) navigation equipment, including radars 10 and fathometers; 11 ‘‘(2) lifesaving equipment, immersion suits, sig- 12 naling devices, bilge pumps, bilge alarms, life rails, 13 and grab rails; 14 ‘‘(3) fire protection and firefighting equipment, 15 including fire alarms and portable and semiportable 16 fire extinguishing equipment; 17 ‘‘(4) use and installation of insulation material; 18 ‘‘(5) storage methods for flammable or combus- 19 tible material; and 20 ‘‘(6) fuel, ventilation, and electrical systems. 21 ‘‘§ 4504. Vessel construction 22 ‘‘A vessel to which this chapter applies shall be con- 23 structed in a manner that provides a level of safety equiva- 24 lent to the minimum safety standards the Secretary may 25 VerDate Sep 11 2014 04:47 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3140.IH H3140 kjohnson on DSK79L0C42 with BILLS 8 •HR 3140 IH establish for recreational vessels under section 4302, if the 1 vessel is— 2 ‘‘(1) is a subject vessel; 3 ‘‘(2) less than 50 feet overall in length; and 4 ‘‘(3) built after January 1, 2010. 5 ‘‘§ 4505. Operating stability 6 ‘‘(a) REGULATIONS.—The Secretary shall prescribe 7 regulations for the operating stability of a vessel to which 8 this chapter applies— 9 ‘‘(1) that was built after December 31, 1989; or 10 ‘‘(2) the physical characteristics of which are 11 substantially altered after December 31, 1989, in a 12 manner that affects the vessel’s operating stability. 13 ‘‘(b) EVIDENCE OF COMPLIANCE.—The Secretary 14 may accept, as evidence of compliance with this section, 15 a certification of compliance issued by the person pro- 16 viding insurance for the vessel or by another qualified per- 17 son approved by the Secretary. 18 ‘‘§ 4506. Training 19 ‘‘(a) IN GENERAL.—The individual in charge of a 20 subject vessel must pass a training program approved by 21 the Secretary that meets the requirements of subsection 22 (b) and hold a valid certificate issued under that program. 23 ‘‘(b) TRAINING PROGRAM REQUIREMENTS.—The 24 training program shall— 25 VerDate Sep 11 2014 04:47 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3140.IH H3140 kjohnson on DSK79L0C42 with BILLS 9 •HR 3140 IH ‘‘(1) be based on professional knowledge and 1 skill obtained through sea service and hands-on 2 training, including training in seamanship, stability, 3 collision prevention, navigation, firefighting and pre- 4 vention, damage control, personal survival, emer- 5 gency medical care, emergency drills, and weather; 6 ‘‘(2) require an individual to demonstrate abil- 7 ity to communicate in an emergency situation and 8 understand information found in navigation publica- 9 tions; 10 ‘‘(3) recognize and give credit for recent past 11 experience in fishing vessel operation; and 12 ‘‘(4) provide for issuance of a certificate to an 13 individual who has successfully completed the pro- 14 gram. 15 ‘‘(c) REGULATIONS.—The Secretary shall prescribe 16 regulations implementing this subsection. The regulations 17 shall require that an individual who is issued a certificate 18 under subsection (b)(4) must complete refresher training 19 at least once every 5 years as a condition of maintaining 20 the validity of the certificate. 21 ‘‘(d) ELECTRONIC DATABASE.—The Secretary shall 22 establish an electronic database listing the names of indi- 23 viduals who have participated in and received a certificate 24 VerDate Sep 11 2014 04:47 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3140.IH H3140 kjohnson on DSK79L0C42 with BILLS 10 •HR 3140 IH confirming successful completion of a training program 1 approved by the Secretary under this section. 2 ‘‘§ 4507. Vessel certification 3 ‘‘(a) IN GENERAL.—A vessel to which this section ap- 4 plies may not be operated unless the vessel— 5 ‘‘(1) meets all survey and classification require- 6 ments prescribed by the American Bureau of Ship- 7 ping or another similarly qualified organization ap- 8 proved by the Secretary; and 9 ‘‘(2) has on board a certificate issued by the 10 American Bureau of Shipping or such other organi- 11 zation evidencing compliance with this subsection. 12 ‘‘(b) APPLICATION.— 13 ‘‘(1) Except as provided in section 4509, this 14 section applies to a fish processing vessel to which 15 this chapter applies that— 16 ‘‘(A) is built after July 27, 1990; or 17 ‘‘(B) undergoes a major conversion com- 18 pleted after that date. 19 ‘‘(2)(A) Except as provided in subparagraph 20 (B), this section applies to a subject vessel that is 21 at least 50 feet overall in length and is built after 22 July 1, 2013. 23 ‘‘(B) This section does not apply to a sub- 24 stitute-eligible vessel if such vessel complies with— 25 VerDate Sep 11 2014 04:47 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3140.IH H3140 kjohnson on DSK79L0C42 with BILLS 11 •HR 3140 IH ‘‘(i) the substitute safety compliance pro- 1 gram established under section 4509; or 2 ‘‘(ii) the enhanced substitute safety compli- 3 ance program established by the Secretary 4 under section 4510. 5 ‘‘§ 4508. Alternate safety compliance program 6 ‘‘(a) IN GENERAL.— 7 ‘‘(1) The Secretary shall establish an alternate 8 safety compliance program developed in coordination 9 with the commercial fishing industry. 10 ‘‘(2) The program established under paragraph 11 (1) may include requirements for— 12 ‘‘(A) a specific region or fishery (or both); 13 and 14 ‘‘(B) any combination of regions or fish- 15 eries (or both). 16 ‘‘(b) VESSELS REQUIRED TO COMPLY.—Beginning 17 on the date that is 3 years after the date the Secretary 18 prescribes an alternate safety compliance program, the fol- 19 lowing vessels shall comply with such program: 20 ‘‘(1) A subject vessel that is— 21 ‘‘(A) at least 50 feet overall in length; 22 ‘‘(B) built before July 1, 2013; and 23 ‘‘(C) 25 years of age or older. 24 VerDate Sep 11 2014 04:47 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3140.IH H3140 kjohnson on DSK79L0C42 with BILLS 12 •HR 3140 IH ‘‘(2) A fishing vessel, fish processing vessel, or 1 fish tender vessel built before July 1, 2013, that un- 2 dergoes a major conversion completed after the date 3 the Secretary prescribes an alternate safety compli- 4 ance program. 5 ‘‘(c) EXEMPT VESSELS.— 6 ‘‘(1) Notwithstanding subsection (b), vessels 7 owned by a person that owns more than 30 vessels 8 subject to that subsection are not required to comply 9 with alternate safety compliance program require- 10 ments until January 1, 2030, if that owner— 11 ‘‘(A) enters into a compliance agreement 12 with the Secretary that provides for a fixed 13 schedule for all such vessels owned by that per- 14 son to meet requirements of such paragraph by 15 such date; and 16 ‘‘(B) is meeting such schedule. 17 ‘‘(2) A subject vessel that was classed before 18 July 1, 2012, is exempt from the [Text truncated for display. 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