PRIA, Government Policy, Made Personal

Summary

An enforcement official can order the person in charge to take immediate safety actions and to return a vessel to a mooring if it is creating a serious hazard. The vessel must stay there until the hazard ends or is fixed. An uninspected fish‑processing vessel without the certificate required under section 4503(a)(2) can also be ordered to remain at a mooring until it is compliant; that does not apply to vessels covered by section 4503a.

Title 46, §4505

Shipping, Source: USLM XML via OLRC

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(a)(2) of this title to return the vessel to a mooring and to remain there until the vessel is in compliance with that section, except that this paragraph shall not apply with respect to a vessel to which section 4503a applies.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 4503a, referred to in par. (2), was repealed by Pub. L. 117–263, div. K, title CXV, § 11509(a)(3), Dec. 23, 2022, 136 Stat. 4137.

Amendments

2018—Par. (2). Pub. L. 115–282 substituted “4503(a)(2)” for “4503(1)” and inserted “, except that this paragraph shall not apply with respect to a vessel to which section 4503a applies” before period at end.

§4505 Termination of Unsafe Operations