§15102 — Title 46 Shipping | U.S. Code

Summary

Creates a National Commercial Fishing Safety Advisory Committee to give written advice to the Secretary about keeping fishing and fish-processing vessels safe. The Committee must advise on navigation, safety gear and procedures, marine insurance, vessel design/maintenance/operation, and worker training and qualifications. It also must review draft safety rules for those vessels and study marine accidents and investigations, then recommend ways to prevent future casualties. The Committee has 18 members appointed by the Secretary. Members must have relevant experience. The group includes 10 industry representatives (balanced by region and with vessel or processing experience), plus 1 naval architect or marine engineer, 1 equipment manufacturer rep, 1 education/training rep, 1 insurer rep, 1 vessel owner, and 3 public members (including, when possible, a safety expert, a marine surveyor, and someone familiar with fishing communities). At least 10 members are needed to send written recommendations. The Secretary may act in an emergency to protect life at sea.

Title 46, §15102

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(a)There is established a National Commercial Fishing Safety Advisory Committee (in this section referred to as the “Committee”).

(b)The Committee shall—

(1)advise and provide recommendations in writing to the Secretary on matters relating to the safe operation of vessels to which chapter 45 of this title applies, including the matters of—

(A)navigation safety;

(B)safety equipment and procedures;

(C)marine insurance;

(D)vessel design, construction, maintenance, and operation; and

(E)personnel qualifications and training;

(2)review regulations proposed under chapter 45 of this title (during preparation of the regulations); and

(3)review marine casualties and investigations of vessels covered by chapter 45 of this title and make recommendations to the Secretary to improve safety and reduce vessel casualties.

(c)(1)The Committee shall consist of 18 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.

(2)Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.

(3)Members of the Committee shall be appointed as follows:

(A)10 members shall represent the commercial fishing industry and—

(i)as a group, shall together reflect a regional and representational balance; and

(ii)as individuals, shall each have experience—

(I)in the operation of vessels to which chapter 45 of this title applies; or

(II)as a crew member or processing line worker on a fish processing vessel.

(B)1 member shall represent naval architects and marine engineers.

(D)1 member shall represent education and training professionals related to fishing vessel, fish processing vessel, and fish tender vessel safety and personnel qualifications.

(E)1 member shall represent underwriters that insure vessels to which chapter 45 of this title applies.

(F)1 member shall represent owners of vessels to which chapter 45 of this title applies.

(G)3 members shall represent the general public and, to the extent possible, shall include—

(i)an independent expert or consultant in maritime safety;

(ii)a marine surveyor who provides services to vessels to which chapter 45 of this title applies; and

(iii)a person familiar with issues affecting fishing communities and the families of fishermen.

(d)A quorum of 10 members is required to send any written recommendations from the Committee to the Secretary.

(e)Nothing in this section shall preclude the Secretary from taking emergency action to ensure safety and preservation of life at sea.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (b)(1). Pub. L. 116–283, § 8335(a)(1)(A)(i)(I), inserted “and provide recommendations in writing to” after “advise” in introductory provisions. Subsec. (b)(3). Pub. L. 116–283, § 8335(a)(1)(A)(i)(II), (ii), added par. (3). Subsecs. (d), (e). Pub. L. 116–283, § 8335(a)(1)(B), added subsecs. (d) and (e).

§15102 National Commercial Fishing Safety Advisory Committee

Summary

Title 46, §15102

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata