US (United States) Code. Ttitle 46. Subtitle II. Part B. Chapter 45: Uninspected commercial fishing

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Shipping. Industry Vessels

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-CITE-

46 USC CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING

INDUSTRY VESSELS 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-

CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-MISC1-

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 Safety Advisory

Committee.

AMENDMENTS

2002 - Pub. L. 107-295, title III, Sec. 331(b), Nov. 25, 2002,

116 Stat. 2105, inserted "Safety" before "Advisory Committee" in

item 4508.

1988 - Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1585,

in chapter heading substituted "UNINSPECTED COMMERCIAL FISHING

INDUSTRY VESSELS" for "FISH PROCESSING VESSELS", substituted

"Safety standards" for "Regulations" in item 4502, "Fish processing

vessel certification" for "Equivalency" in item 4503, "Prohibited

acts" for "Penalties" in item 4504, and added items 4505 to 4508.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2102, 4101 of this title.

-End-

-CITE-

46 USC Sec. 4501 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-

Sec. 4501. Application

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98

Stat. 446; amended Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102

Stat. 1585.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-424 amended section generally, in subsec. (a)

substituting provisions which related to uninspected fish

processing vessel entered into service after Dec. 31, 1987, having

more than 16 individuals on board primarily employed in preparation

of fish on navigable waters of United States or owned in United

States and operating on high seas, for provisions which related to

uninspected fishing vessel, fish processing vessel, or fish tender

vessel, and in subsec. (b) substituting "carriage of bulk" for

"carriage of liquid bulk".

FOREIGN BUILT VESSELS, EQUIVALENT COMPLIANCE UNTIL JULY 28, 1990

Section 7 of Pub. L. 100-424 provided that: "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 Convention

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."

-End-

-CITE-

46 USC Sec. 4502 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-

Sec. 4502. Safety standards

-STATUTE-

(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;

(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 beyond

3 nautical miles from the baselines from which the territorial

sea of the United States is measured, and which are owned in the

United States or beyond 3 nautical miles from the coastline of

the Great Lakes; and

(8) a placard as required by regulations prescribed under

section 10603(b) of this title.

(b)(1) In addition to the requirements of subsection (a) of this

section, the Secretary shall prescribe regulations requiring the

installation, maintenance, and use of the equipment in paragraph

(2) of this subsection for documented vessels to which this chapter

applies that -

(A) operate beyond the Boundary Line;

(B) operate with more than 16 individuals on board; or

(C) in the case of a fish tender vessel, engage in the Aleutian

trade.

(2) The equipment to be required is as follows:

(A) alerting and locating equipment, including emergency

position indicating radio beacons;

(B) lifeboats or liferafts sufficient to accommodate all

individuals on board;

(C) 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;

(D) radio communications equipment sufficient to effectively

communicate with land-based search and rescue facilities;

(E) navigation equipment, including compasses, radar

reflectors, nautical charts, and anchors;

(F) first aid equipment, including medicine chests; and

(G) 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.

(c)(1) In addition to the requirements described in subsections

(a) and (b) of this section, the Secretary may prescribe

regulations establishing the standards in paragraph (2) of this

subsection for vessels to which this chapter applies that -

(A)(i) were built after December 31, 1988, or undergo a major

conversion completed after that date; and

(ii) operate with more than 16 individuals on board; or

(B) in the case of a fish tender vessel, engage in the Aleutian

trade.

(2) The standards shall be minimum safety standards, including

standards relating to -

(A) navigation equipment, including radars and fathometers;

(B) lifesaving equipment, immersion suits, signaling devices,

bilge pumps, bilge alarms, life rails, and grab rails;

(C) fire protection and firefighting equipment, including fire

alarms and portable and semiportable fire extinguishing

equipment;

(D) use and installation of insulation material;

(E) storage methods for flammable or combustible material; and

(F) fuel, ventilation, and electrical systems.

(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

providing insurance for the vessel or by another qualified person

approved by the Secretary.

(e) In prescribing regulations under this chapter, the Secretary

-

(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) To ensure compliance with the requirements of this chapter,

at least once every 2 years the Secretary shall examine -

(1) a fish processing vessel; and

(2) a fish tender vessel engaged in the Aleutian trade.

-SOURCE-

(Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98

Stat. 447; amended Pub. L. 98-557, Sec. 33(a), Oct. 30, 1984, 98

Stat. 2876; Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat.

1585; Pub. L. 101-595, title VI, Sec. 602(c), Nov. 16, 1990, 104

Stat. 2990; Pub. L. 104-324, title III, Sec. 307, Oct. 19, 1996,

110 Stat. 3918; Pub. L. 105-383, title III, Sec. 301(b)(5), Nov.

13, 1998, 112 Stat. 3417.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(7). Pub. L. 105-383 substituted "beyond 3

nautical miles from the baselines from which the territorial sea of

the United States is measured, and which are owned in the United

States" for "on the high seas".

1996 - Subsec. (a)(7). Pub. L. 104-324 inserted "or beyond 3

nautical miles from the coastline of the Great Lakes" after "high

seas".

1990 - Subsec. (b). Pub. L. 101-595, Sec. 602(c)(1), amended

subsec. (b) generally. Prior to amendment, subsec. (b) read as

follows: "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

Boundary 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

individuals 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

reflectors, 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 determines

that a risk of serious injury exists that can be eliminated or

mitigated by that equipment."

Subsec. (c). Pub. L. 101-595, Sec. 602(c)(1), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "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."

Subsec. (f). Pub. L. 101-595, Sec. 602(c)(2), amended subsec. (f)

generally. Prior to amendment, subsec. (f) read as follows: "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."

1988 - Pub. L. 100-424 amended section generally, substituting

"Safety standards" for "Regulations" in section catchline, adding

subsecs. (a) and (b), redesignating former subsec. (a) as (c) and

establishing list of standards as minimum safety standards, in

addition to requirements of subsecs. (a) and (b), for vessels built

after Dec. 31, 1988, or that undergo major conversion completed

after that date, that operate with more than 16 individuals on

board, adding subsec. (d), redesignating former subsec. (b) as (e)

and striking out provisions which required Secretary to consult

with representatives of private sector, experienced in operation of

these vessels, to ensure practicability of regulations, and adding

subsec. (f).

1984 - Subsec. (b)(3). Pub. L. 98-557 substituted "this chapter"

for "the exemption".

EFFECTIVE DATE OF 1990 AMENDMENT

Section 602(f) of Pub. L. 101-595, provided that: "This section

[amending this section and sections 2102, 3302, 5102, 8104, and

8702 of this title, and enacting provisions set out as a note under

section 7306 of this title] is effective on the date of enactment

of this section [Nov. 16, 1990] except as follows:

"(1) The requirements imposed by section 3302(c)(4)(B) and (C)

of title 46, United States Code, (as enacted by subsection (b) of

this section) is effective 6 months after the date of enactment

of this Act.

"(2) Before January 1, 1993, section 4502(c) (as amended by

subsection (c) of this section) does not apply to a fish tender

vessel engaged in the Aleutian trade, if the vessel -

"(A)(i) before September 8, 1990, operated in that trade; or

"(ii) before September 8, 1990, was purchased to be used in

that trade and, before June 1, 1992, entered into service in

that trade; and

"(B) does not undergo a major conversion.

"(3) Before January 1, 2003, a fish tender vessel is exempt

from chapter 51 of title 46, United States Code, (as amended by

subsection (d) of this section) when engaged in the Aleutian

trade, if the vessel -

"(A)(i) before September 8, 1990, operated in that trade; or

"(ii) before September 8, 1990, was purchased to be used in

this trade and, before June 1, 1992, entered into service in

that trade;

"(B) does not undergo a major conversion; and

"(C) did not have a load line assigned at any time before the

date of enactment of this Act.

"(4) The requirements imposed by section 8702(b)(2) of title

46, United States Code, (as amended by subsection (e)(2)(B) of

this section) are effective 1 year after the date of enactment of

this Act."

STUDIES REGARDING SAFETY OF FISHING VESSELS

Section 5(a) of Pub. L. 100-424 directed Secretary of

Transportation, utilizing National Academy of Engineering and in

consultation with National Transportation Safety Board, Commercial

Fishing Industry Vessel Advisory Committee, and fishing industry,

to conduct a study of safety problems on fishing industry vessels,

and to make recommendations regarding whether a vessel inspection

program could be implemented for fishing vessels, fish tender

vessels, and fish processing vessels, including recommendations on

nature and scope of that inspection, and further provided for

submission of the study and recommendations to Congress before Jan.

1, 1990.

Section 5(b) of Pub. L. 100-424 directed Secretary of department

in which Coast Guard is operating, in consultation with Commercial

Fishing Industry Vessel Advisory Committee established under

section 4508 of this title, and with representatives of persons

operating fish processing vessels to conduct a study of fish

processing vessels that are not surveyed and classed by an

organization approved by Secretary, and to make recommendations

regarding what hull and machinery requirements could apply to such

vessels to ensure that those vessels are operated and maintained in

a condition in which they are safe to operate at sea, and further

provided for submission of such study and recommendations to

Congress before July 28, 1991.

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4506 of this title.

-End-

-CITE-

46 USC Sec. 4503 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-

Sec. 4503. Fish processing vessel certification

-STATUTE-

(a) A fish processing vessel to which this section applies may

not be operated unless the vessel -

(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.

(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.

-SOURCE-

(Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98

Stat. 447; amended Pub. L. 98-557, Sec. 33(b), Oct. 30, 1984, 98

Stat. 2876; Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat.

1587.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-424 amended section generally, substituting

"Fish processing vessel certification" for "Equivalency" in section

catchline, and provisions which require certification issued by

American Bureau of Shipping or similar organization for fish

processing vessel built after July 27, 1990, or undergoes major

conversion completed after that date, for provisions which deemed

compliance with this chapter if vessel has unexpired certificate of

inspection issued by foreign country that is party to International

Convention for Safety of Life at Sea to which United States is

party.

1984 - Pub. L. 98-557 substituted "is deemed" for "shall be

deemed".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4505 of this title.

-End-

-CITE-

46 USC Sec. 4504 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-

Sec. 4504. Prohibited acts

-STATUTE-

A person may not operate a vessel in violation of this chapter or

a regulation prescribed under this chapter.

-SOURCE-

(Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98

Stat. 447; amended Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102

Stat. 1587.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-424 amended section generally, substituting

"Prohibited acts" for "Penalties" in section catchline, and

provisions prohibiting operation of vessel in violation of this

chapter, for provisions which imposed civil penalty not more than

$1,000 for operation of vessel in violation of chapter, and

liability in rem for penalty.

-End-

-CITE-

46 USC Sec. 4505 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-

Sec. 4505. Termination of unsafe operations

-STATUTE-

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

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, 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.

-SOURCE-

(Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1587.)

-End-

-CITE-

46 USC Sec. 4506 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-

Sec. 4506. Exemptions

-STATUTE-

(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 finds 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)(B) of this title if it -

(1) is less than 36 feet in length; and

(2) is operating -

(A) in internal waters of the United States; or

(B) within 3 nautical miles from the baselines from which the

territorial sea of the United States is measured.

-SOURCE-

(Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1587;

amended Pub. L. 102-587, title V, Sec. 5222, Nov. 4, 1992, 106

Stat. 5081; Pub. L. 105-383, title III, Sec. 301(b)(6), Nov. 13,

1998, 112 Stat. 3417.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(2). Pub. L. 105-383 added par. (2) and struck

out former par. (2) which read as follows: "is not operating on the

high seas."

1992 - Subsec. (b). Pub. L. 102-587 substituted "4502(b)(2)(B)"

for "4502(b)(2)".

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

-End-

-CITE-

46 USC Sec. 4507 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-

Sec. 4507. Penalties

-STATUTE-

(a) The owner, charterer, 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.

-SOURCE-

(Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1588.)

-End-

-CITE-

46 USC Sec. 4508 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

-HEAD-

Sec. 4508. Commercial Fishing Industry Vessel Safety Advisory

Committee

-STATUTE-

(a) The Secretary shall establish a Commercial Fishing Industry

Vessel Safety Advisory Committee. The Committee -

(1) may advise, consult with, report to, and make

recommendations 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

operation, 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.

(b)(1) 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, whenever

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 chapter

applies.

(2) At least once each year, the Secretary shall publish a notice

in the Federal Register and in newspapers of general circulation in

coastal areas soliciting nominations for membership on the

Committee, and, after timely notice is published, appoint the

members of the Committee. An individual may be appointed to a term

as a member of the Committee more than once. The Secretary may not

seek or use information concerning the political affiliation of

individuals in making appointments to the Committee.

(3)(A) 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 Chairman

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 shall, 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

respective 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.).

(c)(1) 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 applies.

(2) The Secretary shall consider the information, advice, and

recommendations of the Committee in consulting with other agencies

and the public or in formulating policy regarding the safe

operation of vessels to which this chapter applies.

(d)(1) A member of the Committee who is not an officer or

employee of the United States or a member of the Armed Forces, when

attending meetings of the Committee 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) Payments 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 Committee 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

employee 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.

(e)(1) The Federal Advisory Committee Act (5 App. U.S.C.) applies

to the Committee, except that the Committee terminates on September

30, 2005.

(2) Two years prior to the termination date referred to in

paragraph (1) of this subsection, the Committee shall submit to

Congress its recommendation regarding whether the Committee should

be renewed and continued beyond the termination date.

-SOURCE-

(Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1588;

amended Pub. L. 101-225, title I, Sec. 106, Dec. 12, 1989, 103

Stat. 1910; Pub. L. 102-241, Sec. 25, Dec. 19, 1991, 105 Stat.

2217; Pub. L. 104-324, title III, Sec. 304(b), Oct. 19, 1996, 110

Stat. 3917; Pub. L. 107-295, title III, Sec. 331(a), Nov. 25, 2002,

116 Stat. 2105.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsecs.

(b)(5) and (e)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770,

as amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-295, Sec. 331(a)(1), inserted "Safety" after

"Vessel" in section catchline.

Subsec. (a). Pub. L. 107-295, Sec. 331(a)(2), inserted "Safety"

after "Vessel" in introductory provisions.

Subsec. (e)(1). Pub. L. 107-295, Sec. 331(a)(4), substituted "on

September 30, 2005" for "on September 30, 2000".

Pub. L. 107-295, Sec. 331(a)(3), which directed the substitution

of "(5 App. U.S.C.)" for "(5 App. U.S.C. 1 et seq.)", was executed

by making substitution for "(5 U.S.C. App. 1 et seq.)", to reflect

the probable intent of Congress.

1996 - Subsec. (e)(1). Pub. L. 104-324 substituted "2000" for

"1994".

1991 - Subsec. (e)(1). Pub. L. 102-241 substituted "1994" for

"1992".

1989 - Subsec. (b)(2). Pub. L. 101-225 inserted provision that

Secretary not seek or use information concerning political

affiliation in making appointments.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

INITIAL APPOINTMENTS TO COMMERCIAL FISHING INDUSTRY ADVISORY

COMMITTEE

Section 2(b) of Pub. L. 100-424 provided that:

"(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 Government'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

[Sept. 9, 1988]."

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