Regulations : CFVSR Guide

Commercial Fishing Industry
Vessel Safety Reference Guide

 

GENERAL INFORMATION

 

Definitions

ALL VESSELS

 

 

 

Documentation
Sound Signals
Backfire Flame Control
Ventilation
Operating a Vessel While Intoxicated
PFD’s/Immersion Suits
Ring Life Buoys

Survival Craft

Survival Craft for Documented Vessels
Survival Craft for Undocumented Vessels with 16 or less persons on board.
Stowage of Survival Craft
Survival Craft Equipment

Lifesaving Equipment Markings


Lifesaving Equipment Readiness, Maintenance & Inspection of

Maintenance & Inspection of Lifesaving Equipment

Distress Signals
EPIRB
Fire Extinguishers

Portable Fire Extinguishers for Vessels 65 feet (19.8 meters) or more in Length:

Injury Placard
Waste Management Plan and Garbage Log
Marine Sanitation Device
Inland Navigation Rules
Rules of the Road
Vessels 1600 GT or More Nav Safety Requirements
Oil Pollution Placard
Garbage Placard
FCC Ship Station License
Load Lines
Numbering

DOCUMENTED VESSELS OPERATING BEYOND THE BOUNDARY LINE OR WITH MORE THAN 16 POB

Fireman’s Outfit & Breathing Apparatus
First Aid Equipment & Training
Guards for Exposed Hazards
Navigational Information
Compasses
Anchor
Radar Reflectors
General Alarm System
Communication Equipment
High Water Alarms
Bilge Pumps, Piping, & Dewatering
Electronic Position Fixing Device
Emergency Instruction
Instructions, Drills, & Safety

FISH PROCESSING VESSELS

Certificate of Compliance
Certificate of Class
Dispensing Petroleum Products
Vessel Response Plans (VRP)

ADDITIONAL REQUIREMENTS

Oil Transfer Procedures
Fuel Oil Discharge Containment
Certificate of Financial Responsibility (COFR) for Water Pollution
Oil Pollution - Other
Shipboard Oil Pollution Emergency Plan
Citizenship/Licensing/Manning
Crew Contract
Report of Sexual Offense
Drug Testing Programs
Radiotelephone Requirements (VHF)
Global Maritime Distress and Signaling System

TERMINATION

Termination of Unsafe Operations

POLICIES

Excess Safety and Lifesaving Equipment (COMDT G-MCO Policy ltr 01-96)

GENERAL INFORMATION

This guide summarizes Federal Regulations applicable to U.S. uninspected commercial fishing vessels. This class includes vessels which are engaged in activities pursuant to the harvesting or processing of fish for commercial purposes. Also included in this category are fish tender vessels that transport, store, refrigerate, or provide supplies to the commercial fishing industry, and fish processing vessels.

The guide should only be used for commercial fishing vessels, fish tender vessels and fish processing vessels.

You will find the 4100 Boarding Report numbers, when applicable, near the bottom of each page, such as #103 for documentation is found at the bottom of page 4 .

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Definitions

Accepted organizations - an organization which has been designated in writing by the Commandant for the purpose of examining commercial fishing industry vessels under the provisions of 46 CFR 28.073. Navigation and Inspection Circular (NVIC) 13-91 describes the types of organizations that can qualify as accepted organizations and outlines the steps they need to take to receive this designation. Coordinators maintain a list of these organizations.

Accommodations - include messrooms, lounges, sitting areas, recreation rooms, quarters, toilet spaces, shower rooms, galleys, berthing facilitates or clothing changing rooms.

Berthing Space - a space that is intended to be used for sleeping and is provided with installed bunks and mattresses.

Boundary Lines - the lines set forth in 46 CFR 7. In general, they follow the trend of the seaward high water shorelines and cross entrances to small bays, inlets and rivers. In some areas, they are along the 12 mile line which marks the seaward limits of the contiguous zone and in other areas they come ashore.

Coastal Waters - as defined in 33 CFR 175.105, the territorial seas of the U.S. (3 miles) and those waters directly connected (i.e., bays, sounds, harbors, rivers, inlets, etc.) where any entrance exceeds 2 nm to the first point where the largest distance between shorelines narrows to 2nm.

Coastwise Voyage - navigating the waters of any ocean or the Gulf of Mexico 20nm or less offshore.

Cold Waters/Warm Waters - cold water means water where the monthly mean low water temperature is 59 degrees Fahrenheit or less. Warm waters mean water where the monthly mean low water temperature is above 59 degrees Fahrenheit. See NVIC 7-91. Note: All waters in D13 are considered Cold Waters.

Commercial Fishing Industry Vessel - includes fishing vessels, fish tender vessels, and fish processing vessels.

Documented - a vessel for which a Certificate of Documentation has been issued under the provisions of 46 CFR 67. Commercial vessels greater than 5 net tons must be documented.

Fish - means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, except marine mammals and birds.

Fish Processing Vessel - a vessel that commercially prepares fish or fish products other than by gutting, decapitating, gilling, skinning, shucking, icing, freezing, or brine chilling. Salting cod is considered processing.

Fish Tender Vessel - a vessel that commercially supplies, stores, refrigerates, or transports fish, fish products, or materials directly related to fishing or the preparation of fish to or from a fishing, fish processing or fish tender vessel or a fish processing facility.

Fishing Vessel - a vessel that commercially engages in the catching, taking, or harvesting of fish, or an activity that can reasonably be expected to result in the catching, taking or harvesting of fish.

Galley - a space that provides for extended storage and preparation of food. This does not include small alcohol or propane stoves with limited cooking capability, or ice chests or similar devices that are intended for keeping small quantities of food for short duration.

Length - the length listed on the vessel’s Certificate of Documentation or Certificate of Registry. Length over all (LOA) may be considerably longer than the documented length. LOA is used in reference to the navigation rules.

Motorboat - any vessel 65 feet in length or less which is equipped with propulsion machinery.

Motor Vessel - any vessel more than 65 feet in length, which is propelled by machinery other than steam.

Oceangoing - per 33 CFR 151.05, vessels which operate any time seaward of the outermost boundary of the territorial sea (3 nm) of the U.S.

Ocean Voyage - includes waters of any ocean, or the Gulf of Mexico, more than 20nm offshore.

Officer in Charge, Marine Inspection (OCMI) - an officer of the Coast Guard who commands a Marine Inspection Zone described in 33 CFR 3, or an authorized representative of that officer.

Operating Station - the principal steering station on the vessel from which vessel is normally navigated.

Tonnage - a measurement used for documenting vessels. This subject is beyond the scope of this guide. Contact your local MSO for guidance.

Use - operate, navigate, or employ.

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Documentation

46 CFR 67

Applies to all documented vessels.

Official Number Marking - 46 CFR 67.121

Name and Hailing Port - 46 CFR 67.123

Document on Board - 46 CFR 67.313

Requirements:

A. Name of the vessel must be -

1. marked in clearly legible letters

2. not less than 4 inches in height

3. on port & starboard bow and the vessel stern.

B. Hailing port of the vessel must be-

1. marked in clearly legible letters

2. not less than 4 inches in height

3. on stern of the vessel.

C. Official number of the vessel must be -

1. affixed in clearly legible numbers

2. not less than 3 inches in height

3. permanently affixed to some clearly visible structural part of the hull, such as an internal deck beam.

D. The original Certificate of Documentation must be maintained on board the vessel.

Acceptability:

Display of Letters

  • 4 inch minimum height
  • Name on port & starboard bow and stern
  • Hailing port on stern
  • Permanently affixed

Display of Official Number

  • 3 inch minimum height
  • Preceded by the abbreviation "No."
  • Clearly visible structure of the hull
  • Permanently affixed

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Sound Signals

72 COLREGS

Applies to: All vessels.

Requirements:

Vessel Length Overall Sound Devices Required
Less than 39.4 ft (12 m) a means of making an efficient sound signal
39.4 ft (12 m) or more a whistle and a bell
328.1 ft (100 m) or more a whistle, a bell and a gong

Note: The bell or gong may be replaced by other equipment having the same respective sound characteristics, provided that the signal can be sounded manually if necessary.

Bell Size (minimum):

  • 7.9 inches (200 mm) for vessels 39.4 ft (12 m) to less than 65.6 ft (20 m) in length overall.
  • 11.8 inches (300 mm) for vessels 65.6 ft (20 m) or more in length overall

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Backfire Flame Control

46 CFR 25.35-1

Applies to: All vessels with installed gasoline engines.

Requirement:

Installed gasoline engines must be equipped with backfire flame control of:

A. Backfire flame arrestor

1. CG Approval 162.015 or 162.041, or

2. Marine type SAE J-1928 or UL 1111.

B. Engine air and fuel induction systems

1. CG Approval 162.015 or 162.042,

2. Meet 46 CFR 58.10.

Acceptability:

  • Devices must be mark with the CG approval number OR marine type complying with SAE J-1928 or UL 1111.
  • Devices must be installed on the engine, clean, and in good and serviceable condition.

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Ventilation

46 CFR 25.40

Applies to: All vessels with closed compartments which use gasoline for electric generation, mechanical power, or propulsion.

Requirement:

  • Vessels manufactured after 1940 must have at least adequate natural ventilation in each fuel and engine compartment having an ignition source.

Note: A fuel level sensing unit is not an ignition source.

Acceptability:

A. Natural ventilation:

1. Intake duct below level of carburetor.

2. Exhaust duct extended to lower portion of the bilge, below starter level.

3. Cowls trimmed so as not to re-circulate fumes.

B. Power Ventilation, if vessel is equipped with it:

1. Motor must be operational.

2. Ducting must be intact.

3. System must discharge adequate volumes of air.

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Operating a Vessel While Intoxicated

33 CFR 95

Applies to: All vessels.

Requirement:

An individual operating the vessel is intoxicated when:

  • having a blood alcohol concentration of 0.04 percent by weight or more, or
  • the effects of the intoxicant(s) on the person’s manner, disposition, speech, muscular movement, general appearance or behavior is apparent by observation.

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PFD’s/Immersion Suits


46 CFR 28.110, 46 CFR 25.25

Criteria Type Required
Documented vessel seaward of Boundary Line and north of 32 o N or south of 32 o S Immersion or exposure suit.
All vessels on Coastal Waters or beyond on the West Coast of the U.S. north of Point Reyes, CA Immersion or exposure suit.
Vessels 40 feet of more, all other waters Type I, V, or immersion suit.
Vessel under 40 feet, all other waters Type I, II, III, V or immersion suit.

Acceptability Requirements:

  • At least one device of the proper size per individual.
  • Each device stowed so as to be readily accessible.
  • Each device is Coast Guard approved, and in good and serviceable condition.
  • Immersion suit approval no. 46 CFR 160.171
  • Exposure suit approval found in 46 CFR 160.071.
  • Note: Older non-approved suits are allowed as long as they are in good and serviceable condition.

Serviceable Personal Flotation Device (PFD) lights, CG approval 46 CFR 161.012 or 161.121, must be on PFD’s or immersion suits on vessels on coastwise or ocean voyages. Lights having an expiration date must be unexpired and still servicable.

 

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Ring Life Buoys

46 CFR 28.115

 

Vessel length type required
Vessels under 16 feet None
Vessels 16 feet to less than 26 feet 1 cushion or ring life buoy
Vessels 26 feet to less than 65 feet 1 orange ring life buoy, 24 inch in diameter
Vessels 65 feet or more 3 orange ring life buoys, 24 inch in diameter

Commercial LifeSling: May be substituted for one ring life buoy if:

  1. It is the CG Approved model,
  2. Vessel has a 10 ft high (above the deck) lifting point, and
  3. 150 ft of line attached.

Acceptability Requirements:

  • Cushions used on vessels 16 to 26 ft must be CG approved type IV.
  • Ring life buoys must be CG approved and at least 24 inches on vessels over 26 ft.
  • An approved 20 inch or larger ring life buoy installed prior to 15 Sep 91 and in good and serviceable condition, may be used on vessels less than 65 ft in length.
  • At least one ring life buoy must have a line attached.
    (Vsl less than 65 ft, a line 60 ft or longer)
    (Vsl 65ft or more, a line 90 ft or longer)

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Survival Craft

46 CFR 28.120

Type Required: See the tables on the following pages for specifics.

Acceptability:

  • The required survival craft is on board.
  • The craft is good and serviceable, including having been serviced per the table on page 18 of this Job Aid.
  • The craft is stowed properly. (See page 14)
  • If an inflatable life raft, has the appropriate pack. (See page 15)
  • The total number of survival craft must be able to accommodate all individuals on board.
  • An auxiliary craft carried on the vessel which is necessary and integral for normal fishing operations may be substituted for survival craft, except an inflatable liferaft, provided it is readily accessible and is capable of carrying all individuals on board.
  • An approved lifeboat may be substituted for a survival craft required by section 28.120.
Survival craft installed prior to 15 Sep 91 may continue to be used provided:
Of the same type required in tables 28.120 (a)-(c), as appropriate for the vessel type. (See the following pages.)
Maintained in good and serviceable condition.
Equipped with the proper equipment pack required in tables 28.120 (a)-(c), as appropriate for the vessel type.

Table 46 CFR 28.120(a)

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Survival Craft for Documented Vessels

Note 1

Area

Vessel Type

Survival Craft Required

Beyond 50 miles of the coastline All Inflatable liferaft with SOLAS A pack.
Between 20 - 50 miles of coastline, cold waters All Inflatable liferaft with SOLAS B pack.
Beyond the Boundary Line, 12 - 20 miles of coastline, cold waters All Inflatable liferaft
Beyond the Boundary Line, within 12 miles of coastline; Inside Boundary Line, cold waters 36 feet or more in length Inflatable buoyant apparatus. (See Note 2)
Beyond the Boundary Line, within 12 miles of coastline; Inside Boundary Line, cold waters Less than 36 feet in length Buoyant apparatus. (See Note 2)

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Table 28.120(b)

Survival Craft for Undocumented (State Registered) Vessels with 16 or less persons on board.

Also see Note 1

Area

Vessel Type

Survival Craft Required

Beyond 20 miles of the coastline All Inflatable buoyant apparatus
Beyond the Boundary Line, 12 - 20 miles of coastline, cold waters All Inflatable buoyant apparatus
Beyond the Boundary Line, within 12 miles of coastline; Inside Boundary Line, cold waters 36 feet or more in length Buoyant apparatus.
Beyond the Boundary Line, within 12 miles of coastline; Inside Boundary Line, cold waters Less than 36 feet in length Buoyant apparatus. (See Note 2)

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Note 1: The hierarchy of survival craft in descending order is:

  1. Lifeboat
  2. Inflatable liferaft with SOLAS A or Oceans pack
  3. Inflatable liferaft with SOLAS B or Limited pack
  4. Inflatable liferaft with coastal service pack
  5. Inflatable buoyant apparatus
  6. Life float
  7. Buoyant apparatus

A survival craft higher in the hierarchy may be substituted for any survival craft required in the tables.

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Note 2 from table 46 CFR 28.120(a) & (b):

Note 2: If a vessel carries 3 or fewer individuals within 12 miles of the coastline, see 28.120 (b) and (c).

28.120(b): The requirements of this section do not apply to vessels less than 36 feet in length with 3 or fewer individuals on board which operate within 12 miles of the coastline.

28.120(c): A buoyant apparatus may be substituted instead of the requirements in this section for vessels 36 feet or more in length with 3 or fewer individuals on board which operate within 12 miles of the coastline.

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Stowage of Survival Craft

46 CFR 28.125

Requirement:


  1. Each inflatable liferaft required to be equipped with a SOLAS A or a SOLAS B, (Oceans or Limited), equipment pack must be stowed so as to float free and automatically inflate in the event the vessel sinks.
  2. Each inflatable liferaft with a coastal service pack, inflatable buoyant apparatus, and any auxiliary craft used in their place, must be kept readily accessible for launching or be stowed so as to float free in the event the vessel sinks.

Acceptability Requirements:

  • Each hydrostatic release unit used in a float free arrangement must be approved under 46 CFR 160.062.
  • Each float free link used with a buoyant apparatus or with a life float must be certified to meet 46 CFR 160.073.

Note: A hydrostatic release unit is not required for a proper float free installation. See NVIC 4-86.

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Survival Craft Equipment

46 CFR 28.130

Requirements:

A. Each item of survival equipment must be of good quality and secured to the survival craft.

B. Inflatable liferaft must have one of the following equipment packs:

1. Coastal Service

2. SOLAS B or Limited Service

3. SOLAS A or Ocean Service

C. The liferaft container must be marked with the type of equipment pack inside.

D. Life floats or buoyant apparatus must be fitted with:

1. Lifeline, pendants and painter

2. Floating electric light approved under 46 CFR

161.010

Note: Excess survival craft must meet COMDT (G-MCO) Policy Letter No. 01-96 dated 7 Feb 96.

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Lifesaving Equipment Markings

46 CFR 28.135

Requirements:

  • Block CAPITAL letters must be used to mark all lifesaving equipment.
  • Immersion suits and PFD’s must be marked with one of the following:

1. Name of the vessel

2. Name of owner of the immersion suit or PFD

3. Name of person assigned to wear the immersion suit or PFD

  • Retroreflective markings will be applied as appropriate.

Table 46 CFR 28.135

Lifesaving Equipment Markings

Item

Markings Required

Retroreflective Material

Wearable personal flotation device (Type I, II, III, or wearable Type V; Immersion Suit, or exposure suit. Yes, vessel name or name of owner or person to whom assigned. Type I or Type II
(31 sq. inches on front and on back)
Ring Life Buoy Yes Type II on both sides of the device.
Inflatable liferaft See note See note
Inflatable buoyant apparatus See note See note
Life float Yes Type II
Buoyant apparatus Yes Type II
Auxiliary craft Yes Type II
EPIRB Yes Type II

Note: No marking other than that provided by the manufacturer and the servicing facility is required.

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Lifesaving Equipment Readiness, Maintenance & Inspection of

46 CFR 28.140

Requirements:

The master or individual in charge of a vessel must ensure that each item of lifesaving equipment be in good working order, ready for immediate use and readily accessible before the vessel leaves port and at all times when the vessel is operated.

Except for an inflatable liferaft or an inflatable buoyant apparatus less than two years of age, each item of lifesaving equipment, including unapproved equipment, must be maintained and inspected in accordance with Table 46 CFR 28.140.

An escape route from a space where an individual may be employed or an accommodation space must not be obstructed.

Table 46 CFR 28.140

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Maintenance & Inspection of Lifesaving Equipment

Item

Interval

Regulation
Inflatable wearable PFD (type V commercial hybrid). Annual: Servicing 46 CFR 28.140
Immersion suits, exposure suits, and PFD’s Annual: Inspect, clean, and repair as necessary 46 CFR 28.140
Buoyant apparatus and life floats Annual: Inspect, clean, and repair as necessary 46 CFR 28.140
Inflatable liferaft Annual: Servicing (See Note 1) 46 CFR 28.140
Inflatable buoyant apparatus Annual: Servicing (See Note 1) 46 CFR 28.140
Hydrostatic release Annual: Servicing 46 CFR 28.140
Disposable hydrostatic release Replace on or before expiration date 46 CFR 28.140
Undated batteries Annual: Replace 46 CFR 28.140
Dated batteries* and other items Replace on or before expiration date 46 CFR 28.140, 46 CFR 25.26-5
EPIRB Monthly: Test 46 CFR 25.26-5

* Water activated batteries must be replaced after use.

Maintenance and inspection must:

  • be done in accordance with the manufacturer’s guidelines
  • Inflatable liferafts or inflatable buoyant apparatus must be serviced at a facility approved by the CG and by the manufacturer of the survival craft.

Note 1: Except new inflatable liferafts or new inflatable buoyant apparatus within two years of the manufacture date.

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Distress Signals

46 CFR 28.145

Requirements:
Area Parachute Flares Hand Flares Smoke Signals
Ocean, more than 50 miles from the coastline (See B.) 3, and 6, and 3
Ocean, 3-50 mile from coast (See C.) 3, and 6, and 3
Coastal waters:

Day

 

and

Night (See D.)

 

3 or

 

 

 

3 or

 

3, or

 

 

 

3 or

 

3 or 1 Distress Flag (See E.)

1 Electric Distress Signal (See F.)

Acceptability:

A. All Flares and signaling devices must be replaced by their expiration dates.

B. Flares required on vessels operating beyond 50 miles from the coast must be approved under 46 CFR:

1. 160.136 (parachute)

2. 160.121 (hand)

3. 160.122 (smoke)

C. Flares required on vessels operating 3-50 miles from the coast must be approved under 46 CFR:

1. 160.136 or 160.036 (parachute)

2. 160.121 or 160.021 (hand)

3. 160.122 or 160.022 or 160.037 (smoke)

D. Any 3 Coast Guard approved flares are acceptable in coastal waters.

E. Distress flag must be in accordance with 46 CFR 160.072.

F. Electric distress light must be in accordance with 46 CFR 161.013.

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EPIRB

46 CFR 28.150, 46 CFR 25.26

Applies to: All commercial fishing industry vessels operating on the high seas (beyond 3nm of the coastline).

Type Required:

A. Fishing vessels 36 feet or more in length:

1. A float-free, automatically activated Category 1 406 MHz EPIRB unless there is a builder’s certification stating the vessel was built with sufficient buoyant material to keep the flooded vessel afloat (see para. B).

B. Fishing vessels less than 36 feet in length, or a fishing vessel 36 feet or more in length having a builder’s certification stating the vessel was built with sufficient buoyant material to keep the flooded vessel afloat:

1. A float-free, float free, automatically activated Category 1 406 MHz EPIRB, or

2. A manually activated Category 2 406 MHz EPIRB.

Note: The "grandfathering" exception allowing the substitution of a post-Oct ‘88, 121.5/243.0 MHz Class A or B EPIRB installed on or before 24Apr93 expired 1Feb98. All EPIRBs carried to meet vessel requirements must be of the proper 406 MHz type.

Exemptions:

  1. A skiff or workboat does not require an EPIRB if it is stored, when not working, aboard a mother ship equipped with an EPIRB.
  2. The District Commander may grant other exemptions.

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Fire Extinguishers

46 CFR 28.155, 46 CFR 28.160, 46 CFR 25.30

Type Required

Without Fixed System in Machinery Space

With Fixed System in Machinery Space

Vessel less than 26 ft in length

1 B-I

0

26 ft to less than 40 ft

2 B-I

1 B-I

40 ft to less than 65 ft

3 B-I

2 B-I

Note:

  1. One B-II replaces two B-I fire extinguishers.
  2. Outboard boats less than 26 feet in length are not required to carry fire extinguishers if their construction will not permit the entrapment of explosive or flammable gases or vapors.

For vessels 65 feet or more in length:

1. See following page for table containing portable fire extinguishers plus

2. Ensure each carries the minimum number of B-II extinguishers as listed here:

Gross Tonnage  

Over

Not over

Minimum number of B-II hand portable fire extinguishers

------

50

1

50

100

2

100

500

3

500

1000

6

1000

------

8

Excess fire detection and protection equipment is permitted if:

  • It does not endanger the crew or vessel,
  • It is listed and labeled by an independent, national testing laboratory such as UL, FM, etc.
  • It is in accordance with appropriate industry standards for design, installation, testing and maintenance.

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Portable Fire Extinguishers for Vessels 65 feet (19.8 meters) or more in Length:

Space

Class

Quantity/Location

Safety areas, communicating corridors

A-II

1 in each main corridor not more than 150 ft apart. (May be located in stairways)
Pilothouse

C-I

2 in vicinity of exit.
Service spaces, galleys

B-II or

C-II

1 for each 2500 sq ft or fraction thereof suitable for hazards involved.
Paint lockers

B-II

1 outside space in vicinity of exit.
Accessible baggage & storerooms

A-II

1 for each 2500 sq ft or fraction thereof located in the vicinity of exits, either inside or outside the spaces.
Work shops & similar spaces

A-II

1 outside the space in vicinity of exit.
Machinery spaces, internal combustion propelling machinery

B-II

1 for each 1000 brake horsepower or fraction thereof but not less than 2 nor more than 6.
Electric propulsion motors or generator unit of open type

C-II

1 for each propulsion motor or generator unit.
Auxiliary spaces

B-II

1 outside the space in the vicinity of exit.
Internal combustion machinery

B-II

1 outside the space in the vicinity of exit.
Electric emergency motors or generators

C-II

1 outside the space in the vicinity of exit.

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Injury Placard

46 CFR 28.165

Requirements:

  • Must be at least 5" X 7"
  • Must be posted in a highly visible location, accessible to the crew.

Notice

Report All Injuries

United States law, 46 United States Code 10603, requires each seaman on a fishing vessel, fish processing vessel, or fish tender vessel to notify the master or individual in charge of the vessel or other agent of the employer regarding any illness, disability, or injury suffered by the seaman when in service to the vessel not later than seven days after the date on which the illness, disability, or injury arose.

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Waste Management Plan and Garbage Log

33 CFR 151.57

Applies to: All commercial fishing industry vessels that are 40 ft or more in length and transit on the high seas.

Waste Management Plan:

Acceptability requirements:

The WRITTEN waste management plan must describe procedures for:

  • collection,
  • processing,
  • storage, and
  • discharge of garbage and waste,
  • plus designate the person who is responsible for carrying out the plan.

Garbage Log:

33 CFR 151.55

Applies to: All commercial fishing industry vessels that are 40 ft or more in length and transit on the high seas.

The master or person in charge shall ensure a WRITTEN garbage discharge or disposal record is maintained of the following operations:

  • discharge overboard
  • discharge to another ship,
  • discharge to a reception facility ashore
  • incineration on board the vessel

The record must contain:

A. type of operation

B. date & time of the operation

C. if conducted at port, the name of the port

D. if not conducted at a port

1. latitude & longitude of location where the operation took place

2. estimated distance from shore

E. if offloaded to another vessel, the name & official number of the receiving vessel

F. the amount of garbage in cubic meters (4 large trash bags equals approximately 1 cubic meter)

G. if discharged into the sea, a description of the contents described by the following categories:

1. plastic material

2. floating dunnage, lining, or packing material

3. ground paper products, rags, glass, metal, bottles, crockery, or similar garbage

4. victual wastes

5. incinerated ash

6. incinerated plastic residue

The record must be:

  • prepared at the time of the operation
  • certified by signature of the master or person in charge
  • maintained on board the vessel for two years
  • made available for inspection by the Coast Guard

 

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Marine Sanitation Device

33 CFR 159

Applies to all vessels that have an installed toilet facility and operate within U.S. Territorial Seas (inside 3 nm).

Requirements:

  • The marine sanitation device must be Coast Guard approved.
  • Vessels 65 ft and less must have a Type I, Type II, or Type III MSD.
  • Vessels over 65 ft must have a Type II or Type III MSD.

Acceptability Requirements:

  • Type I and Type II MSDs must have a label as per 33 CFR 159.16 (CG approval number and manufacturer’s information) and be certified. Type III MSDs (holding tanks) do not need a label.
  • Type I and Type II devices are certified under 33 CFR 159.12.
  • Type III devices are certified by design. They must be a holding tank solely for sewage and flush water at ambient air temperature and pressure, and designed to prevent overboard discharge of sewage.
  • The MSD must be operational.
  • If the installed toilet has a "Y" valve, the valve must be secured while in U.S. Territorial waters so as to prohibit accidental discharge overboard.

Note: Portable toilets or "porta-potties" are not considered installed toilets and are not subject to the MSD regulations.

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Inland Navigation Rules

33 CFR 88.05

Applies to all self-propelled vessels greater than 12 meters (39.4 ft) operating on the inland waters of the U.S.

Note: Inland waters are those waters inside the COLREGS Demarcation Lines.

Acceptability Requirement:

  • Have on board for ready reference a current copy of the Inland Navigation Rules.

The public may purchase a copy of the Inland Navigation Rules book via:

  1. Ordering by phone: (202) 783-3238
  2. Ordering by mail:

Superintendent of Documents
U.S. Government Printing Office
Washington, D.C. 20402

  1. Purchasing directly from Government Printing Office bookstores:

Seattle, WA (206) 553-4270
Portland, OR (503) 221-6217
San Francisco, CA (415) 252-5334

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Rules of the Road

33 USC 1602, 33 CFR 81 (COLREGS)

Applies to: All vessels at anchor or underway between sunset and sunrise, or in or near areas of restricted visibility.

Acceptability Requirements:

Navigation Lights:

  • Proper Range of Visibility
  • Proper Arc of Visibility
  • Proper Light Configuration
  • Deck Lights must not hinder recognition of the vessel’s navigational lights
  • On vessels 65.6 ft (20m) or more in length, the sidelight screens must be matt black.

Fishing at Night:

  • All around red over all around white lights properly displayed. (Trawling at night requires all around green over all around white.) Not required on trollers.

Day Shapes:

  • When engaged in fishing, 2 black cones apex to apex must be properly displayed. Not required on trollers.

Notes: The previously accepted basket day shape is no longer authorized.

See Rule 26 in the COLREGS for proper placement of navigation lights and day shapes.

[Top]

Vessels 1600 GT or More Nav Safety Requirements

33 CFR 164, includes items such as:

  • General underway navigation
  • Navigation bridge visibility
  • Requirements for vessels at anchor
  • Tests before entering or getting underway in US navigable waters
  • Various navigation equipment
  • Automatic radar plotting aids (ARPA)
  • Devices to indicate speed and distance
  • Rate of turn indicator
  • Automated Dependent surveillance shipborne equipment.
  • Deviations from the rules.

#154


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Oil Pollution Placard

33 CFR 155.450

Applies to: All U.S. vessels 26 ft or more in length having a machinery space.

Acceptability Requirements:

  • Placard must be at least 5" X 8".
  • Made of durable material.
  • In a language understood by the crew.
  • Permanently affixed in the machinery space or near the bilge pump operating switch.

Placard reads:

The Federal Water Pollution Control Act prohibits the discharge of oil or oily wastes into or upon the navigable waters of the United States or the waters of the contiguous zone if such discharge causes a film or sheen upon or discoloration of the surface of the water or causes a sludge or emulsion beneath the surface of the water. Violators are subject to substantial civil and criminal penalties including imprisonment.

Note: Existing stocks of placards may be used for the life of the placard. Older versions state that violators are subject to a penalty of $5000.

 

#155


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Garbage Placard

33 CFR 151.59

Applies to: All vessels 26 ft or more in length.

Acceptability Requirements for Placards:

  • Sufficient number posted so as to be read by crew and passengers.
  • Displayed in prominent locations.
  • At least 4" X 9" in size.
  • Letters must be at least 1/8 inch high.
  • Must be made of durable material.

Placards must notify the reader of :

  1. The discharge of plastic or garbage mixed with plastic into any waters is prohibited.
  2. The discharge of all garbage is prohibited in the navigable waters of the U.S. and, in all other waters, within 3nm of the nearest land.
  3. The discharge of dunnage, lining, and packing materials that float is prohibited within 25nm of the nearest land.
  4. Other unground garbage may be discharged beyond 12nm from the nearest land.
  5. Other garbage ground to less than one inch may be discharged beyond 3nm of the nearest land.
  6. A person who violates the above requirements is liable for a civil penalty of up to $25,000, a fine of up to $50,000, and imprisonment for up to 5 years for each violation.
  7. Regional, State and local restrictions on garbage discharge also may apply.

 

#156


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FCC Ship Station License

47 CFR 80.405

 

Applies to: All vessels with transmitting equipment required by regulations, other than EPIRBs.

Acceptability Requirements:

  • Original license on board.
  • Name and number of the vessel is correct.
  • License is not expired.
  • License lists all transmitting equipment and frequencies.
  • License is stamped with the FCC seal.
  • Licensee listed is the current owner or manager of the vessel.

Notes:

  • See Job Aid item #167 to determine what communications equipment is required for certain commercial fishing industry vessels.
  • If an FCC Ship Station License has recently been applied for, the vessel should have on board a copy of FCC form 506-A for use as a temporary permit valid for 90 day.
  • FCC Ship Station Licenses are renewed every 10 years.

Note: If the vessel is not required to carry the radio equipment, then do not cite for lack of the FCC-SSL.

 

#157


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Load Lines

46 CFR USC 51.02 - 51.12

Applies to: Fish processing vessels and fish tender vessels EXCEPT

A. Fish Processing vessels of not more than 5000 GT:

1.

i) constructed as a fish processing vessel before August 16, 1974, or

ii) converted for use as a fish processing vessel before January 1, 1983; and

2. is not on a foreign voyage.

B. Fish Tender vessels of not more than 500 GT:

1.

i) constructed, under construction, or under contract to be constructed as a fish tender vessel before January 1, 1980, or

ii) was converted for use as a fish tender vessel before January 1, 1983; and

2.

i) is not on a foreign voyage, or

ii) engaged in the Aleutian Trade.

C. Vessels less than 24 meters (79 feet) overall in length.

D. A vessel of not more than 150 GT, the keel of which was laid or that was at a similar stage of construction, before January 1, 1986, that is on a domestic voyage.

Load Line Certificates:

  • Are issued by either ABS or Det Norske Veritas, classification societies.
  • Are good for 5 years.
  • Must be endorsed annually by the issuing class society otherwise the certificate is invalid (TERMINATION).

Load Line marks shall

  • be permanently and conspicuously affixed to the hull.
  • not be submerged.

#158


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Numbering

33 CFR 173

Applies to: All undocumented commercial fishing industry vessels equipped with propulsion machinery.

Requirements:

  1. Valid State Certificate of Numbers whenever underway.
  2. Block numbers on the forward half of the vessel.

Acceptability:

  • A valid State certificate of numbers must be on board while the vessel is underway. A temporary or official duplicate is acceptable.

Display of Numbers:

  • 3 inch BLOCK - minimum height
  • Affixed to forward half of the vessel
  • One on each side of the vessel
  • Contrasting color to the background
  • Permanently affixed
  • Read from left to right
  • Have a hyphen or a space between prefix, number, and suffix

 

#159


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Fireman’s Outfit & Breathing Apparatus

46 CFR 28.205

BREATHING APPARATUS:

Documented commercial fishing vessels that use Ammonia Refrigerant must have:

A. Two self-contained breathing apparatus that:

1. have as a minimum, a 30 minute air supply

2. have a full facepiece

3. have at least one spare bottle per each SCBA

4. is approved by MSHA and NIOSH

 

 

FIREMAN’S OUTFIT:


Documented fishing vessels operating with more than 49 persons on board must have:

A. Two firemen’s outfits in widely separated locations that include:

1. Self-contained breathing apparatus with lifeline attached

2. One flashlight

3. A rigid helmet

4. Boots

5. Gloves

6. Protective clothing

7. One fire axe

#160


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First Aid Equipment & Training

46 CFR 28.210

Applies to: Documented fishing industry vessels operating beyond the Boundary Line or with more than 16 persons on board.

Requirements:

A. Equipment

1. First Aid Manual

2. Medicine Chest

B. Training

 

Persons Certified*

No. of POB

First Aid

CPR

More than 2

1

1

More than 16

2

2

More than 49

4

4

Note: An individual certified in both first aid and CPR may be counted for both requirements.

* A certificate indicating completion of:

Acceptable First Aid Courses:

  • American National Red Cross
  • Coast Guard approved course

Acceptable CPR Certificates:

  • American National Red Cross
  • American Heart Association
  • Coast Guard approved course

Acceptability:

First Aid manual and medicine chest must be -

  • of a size suitable for the number of persons on board and
  • readily accessible.

1ST Aid/CPR Training

  • Proof of having had the training. The training is not required to be current, i.e., annual CPR training is not required.

 

#161


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Guards for Exposed Hazards

46 CFR 28.215

Applies to: Documented fishing industry vessels operating beyond the Boundary Line or with more than 16 persons on board.

Requirements:

  • Suitable hand covers, guards, or railings must be installed in the way of machinery which can cause injury to personnel.
  • Exhaust pipes from an engine in reach of personnel must be insulated or guarded to prevent burns.

Examples of items to be guarded:

  • gearing
  • chain or belt drives
  • rotating shafting
  • electrical hazards

Note: This is not meant to restrict access to fishing equipment such as:

  • winches
  • drums
  • gurdies

#162


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Navigational Information

46 CFR 28.225

Applies to: Documented fishing industry vessels operating beyond the Boundary Line or with more than 16 persons on board.

Requirements:

Each vessel must have, for the area to be transited and operated in, current editions of:

A. Marine Charts properly scaled and with current corrections

B. A copy or extract of:

1. U.S. Coast Pilot

2. Coast Guard Light List

3. Tide Tables

4. Current Tables

C. Inland Navigation Rules must be carried by vessels of 39.4 ft (12m) or more in length operating shoreward of the COLREG Demarcation Line.

Acceptability:

  • Charts must be of large enough scale to safely navigate the area and currently corrected.
  • Required publications must be currently corrected or the latest published edition.

Note: D13 accepts the current edition of the Reed’s Nautical Almanac with the Nautical Companion (also called the Captain’s Pack) in lieu of the above listed publications.

 

#163


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Compasses

46 CFR 28.230

Applies to: Documented fishing industry vessels operating beyond the Boundary Line or with more than 16 persons on board.

Requirements:

  1. Magnetic steering compass
  2. Compass deviation table

Acceptability:

  • Compass must be operable.
  • Deviation table must be located at the operating station.

Note: It is recommended that at least 8 points of the compass be checked and recorded on the deviation table.

 

 

#164


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Anchor

46 CFR 28.235

Applies to: Documented fishing industry vessels operating beyond the Boundary Line or with more than 16 persons on board.

Requirements:

  • Anchor with chain, cable, or rope.
  • Appropriate for the vessel and waters.

[Top]

Radar Reflectors

46 CFR 28.235

Applies to: Documented fishing industry vessels with nonmetallic hulls operating beyond the Boundary Line or with more than 16 persons on board.

Requirement:

  • Radar Reflector.

Note: A vessel rigged with gear that provides a radar signature at 6nm distance is not required to have a radar reflector.

#165


[Top]

General Alarm System

46 CFR 28.240

Applies to:

Documented fishing industry vessels

  1. operating beyond the Boundary Line or with more than 16 persons on board, and
  2. having an accommodation or workspace which is not adjacent to the operating station.

Requirements:

  • An audible general alarm system with contact maker at the operating station.
  • A flashing red light must also be installed in spaces where noise makes the alarm system difficult to hear.

Markings:

  • Each general alarm bell and flashing red light must be identified with inch red lettering as follows:

Attention

General Alarm - When Alarm Sounds Go to Your Station

 

Acceptability:

A. The alarm system must be capable of notifying an individual in any accommodation or work space where they may normally be employed.

B. The alarm must be tested:

1. prior to operation of the vessel and

2. at least once each week thereafter.

Note: A public address system may be used for the alarm system provided it is capable of the above stated requirements.

 

#166


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Communication Equipment

46 CFR 28.245

Applies to: Documented fishing industry vessels operating beyond the Boundary Line or with more than 16 persons on board.

Requirements:

Operating Area

VHF Frequency Capability

 

156 - 162 MHz

2 - 4 MHz

2 - 27.5 MHz

All

X

   
More than 20nm from coast

X

X

 
More than 100nm from coast

X

 

X

Waters next to Alaska

X

 

X

Emergency Source of Power Must Be:

  1. provided for all communications equipment
  2. capable of supplying all connected loads continuously for at least three hours
  3. be located outside the main machinery space.

Other Acceptability Items:

A. Location of the equipment must be such as to

1. Ensure safe operation

2. Facilitate repair

3. Protect against vibration, moisture, temperature, excessive current/voltage.

4. Minimize water intrusion from windows broken by heavy seas.

B. A single radio capable of communicating on the 2 -4 and 2 - 27.5MHz frequencies is acceptable.

C. A satellite communication system is an acceptable substitute for 2 -4 and 2 -27.5MHz radios.

D. A cellular phone capable of communicating with a Coast Guard station may substitute for the radios that operate in the 2 - 4 and 2 - 27.5MHz range.

E. A 4 - 20MHz radio installed before Sept. 15, 1991, may be used in lieu of a 2 -27.5MHz radio.

  1. The principal operating position of the communication equipment must be at the operating station.

#167


[Top]

High Water Alarms

46 CFR 28.250

Applies to:

Documented fishing industry vessels:

  1. operating beyond the Boundary Line or with more than 16 persons on board, and
  2. which are 36 feet or more in length.

 

Requirement:

  • Visual and Audible alarm at the operating station to indicate high water levels in unmanned spaces.

 

Acceptability:

The following spaces must be included:

  • A space with a through hull fitting below the deepest load waterline, such as a lazarette.
  • A space subject to flooding from sea water piping, such as a machinery space bilge, bilge well, shaft alley bilge.
  • A space with a non-watertight closure, such as a space covered with a non-watertight deck hatch.

#168


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Bilge Pumps, Piping, & Dewatering

46 CFR 28.255

Applies to: Documented fishing industry vessels operating beyond the Boundary Line or with more than 16 persons on board.

Requirements:

A. Bilge pumps and bilge piping capable of draining watertight compartments, except tanks and small buoyancy compartments.

B. Large spaces, such as enginerooms, must be fitted with more than one suction line.

C. Vessels 79 ft and over must be equipped with a fixed, self-priming, power bilge pump connected to a bilge manifold unless an individual pump is provided for each space.

D. Spaces used in the sorting or processing of fish:

1. must be fitted with a dewatering system capable of dewatering the space at the same rate as water is introduced.

2. The dewatering pump must be interlocked with the pump supplying the water so that if the dewatering pump fails, the water supply pump will be deactivated.

Acceptability:

  • If a bilge pump is portable, it must have a suitable suction hose of adequate length to reach the bilge of each watertight compartment it must serve and a discharge hose of adequate length to ensure overboard discharge. The portable pump must be capable of dewatering each space it serves at a rate of at least 2 inches of water per minute.
  • Except for a required fire pump, a bilge pump may be used for other purposes
  • Except where an individual pump is provided for a separate space or for a portable pump, each individual bilge suction line must be led to a manifold, have a stop valve at the manifold and a check valve at some accessible point in the bilge line to prevent unintended flooding of a space.
  • Each bilge suction line and dewatering system must be fitted with a suitable strainer to prevent clogging of the line. Strainers must have an open area of not less than 3 times the open area of the suction line.

#169


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Electronic Position Fixing Device

46 CFR 28.260

Applies to: Documented fishing industry vessels 79 feet or more in length operating beyond the Boundary Line or with more than 16 persons on board.

Requirement:

Vessel must be equipped with an electronic position fixing device such as:

    • GPS/DGPS
    • LORAN
    • OMEGA
    • RDF

Acceptability:

  • The device must provide accurate fixes for the area in which the vessel operates.

#170


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Emergency Instruction

46 CFR 28.265

Applies to: Documented fishing industry vessels operating beyond the Boundary Line or with more than 16 persons on board.

Requirement:

  • Emergency instructions must be posted in conspicuous locations accessible to the crew.

Note: On vessels with less than 4 POB, the emergency instructions may be kept readily available in lieu of posting.

Acceptability:

The emergency instructions must identify at least the following information, as appropriate for the vessel:

  1. Survival craft embarkation stations and the survival craft to which each person is assigned.
  2. The fire and emergency signals and the abandon ship signal.
  3. If immersion suits are provided, the location of the suits and illustrated instructions on the method for donning the suits.
  4. Procedures for making a distress call.
  5. Essential action to be taken in an emergency by each individual.
  6. Procedures for rough weather at sea, crossing hazardous bars, and flooding.
  7. Procedures for anchoring the vessel.
  8. Procedures to be used in the event an individual falls overboard.
  9. Procedures for fighting a fire.

Note: Items 6 - 9 may be kept readily available as an alternative to posting.

 

#171


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Instructions, Drills, & Safety

46 CFR 28.270

Applies to: Documented fishing industry vessels operating beyond the Boundary Line or with more than 16 persons on board.

Requirements:

A. Drills

The master or individual in charge of each vessel must ensure that drills are conducted and instructions given to each individual on board at least once each month so as to ensure that each individual is familiar with their duties and responses to at least the following contingencies:

  1. Abandoning the vessel.
  2. Fighting a fire in different locations on board the vessel.
  3. Recovering an individual from the water.
  4. Minimizing the affects of unintentional flooding.
  5. Launching survival craft and recovering lifeboats.
  6. Donning immersion suits and other wearable PFDs.
  7. Donning a fireman’s outfit and a self-contained breathing apparatus, if vessel is so equipped.
  8. Making a voice radio distress call and using visual distress signals.
  9. Activating the general alarm.
  10. Reporting inoperative alarm and fire detection systems.

Drills must be conducted on board the vessel as if there were an actual emergency and must include participation by all persons on board.

B. Safety Orientation - The master or individual in charge of a vessel must ensure that a safety orientation is given to each individual on board that has not participated in the required drills before the vessel may be operated.

C. Training - No individual may conduct drills or provide instructions unless that individual has been trained in the proper procedures for conducting the activity.

Note: The individual conducting the drills and instruction need not be the master, individual in charge of the vessel, or a member of the crew.

#172


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Certificate of Compliance

46 CFR 28.700

Applies to: Fish processing vessels of 5000 gross tons or less not having a Certificate of Inspection issued by the U.S. Coast Guard.

Requirements:

A Once in every two years, each fish processing vessel must be examined for compliance with the regulations by:

1. American Bureau of Shipping (ABS),

2. A similarly qualified organization, or

3. A surveyor of an accepted organization.

B A Certificate of Compliance (COC) must be issued by the examiner to the vessel operator.

C Each certificate of compliance must:

1. Be signed by the issuing examiner,

2. Include the name of the organization the examiner represents,

3. State that the vessel has been found in compliance with applicable regulations,

4. Be retained on board the vessel.

Note: A Fishing Safety Decal does not take the place of the Certificate of Compliance.

Contact your local MSO fishing vessel safety coordinator for an up-to-date list of similarly qualified and accepted organizations.


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Certificate of Class

46 CFR 28.720

Applies to:

Fish processing vessels:

  • without a Certificate of Inspection issued by the Coast Guard,
  • built after or has undergone a major conversion after 27 July 1990.

Requirements:

A Each vessel must be classed by either:

1. American Bureau of Shipping (ABS), or

2. A similarly qualified organization.

B Classed Vessels must:

1. Have on board a certificate of class issued by the organization that classed the vessel, and

2. Meet all survey and classification requirements prescribed by the organization that classed the vessel.

Contact your local MSO fishing vessel safety coordinator for an up-to-date list of similarly qualified and accepted organizations.


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Dispensing Petroleum Products

46 CFR 105

Applies to: All fish processing vessels of not more than 5000 GT which engage in dispensing petroleum products, Grades B and lower flammable or combustible liquids, to other vessels. Dispensing of Grade A liquids is not allowed.

Requirements:

Fish processing vessels which dispense petroleum product to other vessels must have a valid Letter of Compliance issued by the Coast Guard, i.e., an Officer in Charge, Marine Inspection. (The MSO conducting the inspection for the issuance of the letter will ensure the vessels meets the applicable regulations.)

Acceptability:

  1. The vessel has a valid Letter of Compliance.
  2. The Letter of Compliance is posted under glass or other suitable transparent material and posted in a conspicuous place protected from the weather.

If you have questions regarding this topic contact MSO Puget Sound or MSO Anchorage.


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Vessel Response Plans (VRP)

33 CFR 155, Subpart D

Applies to:

All fish processing vessels of 5000 GT or less that carry oil in bulk as cargo or cargo residue must have a Coast Guard approve Vessel Response Plan.

Acceptability:

The VRP has a cover letter stamped approved by the Coast Guard.

If you have questions, contact your local MSO.


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Oil Transfer Procedures

33 CFR 155.720, 155.750

Applies to: All vessels with an oil capacity of 250 barrels or more (10,500 gallons or more).

Requirements:

  1. Any person that transfers oil to, from, or within a vessel with a capacity of 250 or more barrels of oil must have oil transfer procedures.
  2. The transfer procedures must comply with 33 CFR 155.750.
  3. The Person in Charge of the transfer operation must meet the qualification requirements of 33 CFR 155.710.

Per 33 CFR 155.820 the following written records must be maintained by the vessel operator for inspection by the Coast Guard:

  1. Person in Charge designation.
  2. Results of hose and other required tests (33 CFR 156.170).
  3. Transfer hose information ("oil service", MAWP (Maximum Allowable Working Pressure), test date, date of manufacture).
  4. Declarations of Inspection for the past month (33 CFR 156.150).

[Top]

Fuel Oil Discharge Containment

33 CFR 155.320

Applies to: All vessels of 100 gross tons or more.

Requirements:

Under or around each fuel oil or bulk lubricating oil tank vent, overflow, and fill pipe requires either:

For vessels constructed before July 1, 1974:

100 gross tons or more: Fixed container or enclosed deck area of one-half barrel (21 gallons) capacity, or portable container of 5 gallons capacity.

For vessels constructed after June 30, 1974:

100 - 300 gross tons: Fixed container or enclosed deck area of one-half barrel (21 gallons) or portable container of 5 gallons capacity.

300 - 1600 gross tons: Fixed container or enclosed deck area of one-half barrel (21 gallons) capacity.

Over 1600 gross tons: Fixed container or enclosed deck area of one barrel.

Note: If the vessel has a fill fitting for which containment is impractical, an automatic back pressure shut-off nozzle must be used.


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Certificate of Financial Responsibility (COFR) for Water Pollution

33 CFR 138

Applies to: Vessels greater than 300 gross tons operating on the navigable waters of the U.S.

Requirements:

  • The original Certificate must be carried on board the vessel.
  • Certificates of Financial Responsibility are issued by Commandant U. S. Coast Guard.

 

Note: Notify the local MSO as soon as possible if a discrepancy is noted or suspected. Failure to carry a proper COFR may subject a vessel to Captain of the Port action.


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Oil Pollution - Other

33 CFR 151, 33 CFR 155

Applies to: All Vessels

Requirements:

  • MARPOL - International Convention on the Prevention of Pollution from Ships. 33 CFR 151
  • IOPP Certificate - vessels 400 GT and above on foreign voyage.
  • Oil Record Book, Part I - vessels 400 GT and greater.
  • Oily Water Separator, Sludge Tank, & Oily Waste Discharge Piping - oceangoing vessels 400 GT and greater.
  • Capacity to retain oily mixtures on board & the ability to discharge to a reception facility - Oceangoing vessels less than 400 GT and non-oceangoing vessels.
  • Fixed system to discharge slops, pump stop & stop valve at each discharge station - oceangoing vessels 100 GT and greater but less than 400 GT.
  • Standard discharge connection - oceangoing vessels 100 GT and greater.
  • Prohibited oil spaces

- No oil in forepeak on vessels 400 GT and greater built after January 1, 1982; or

- No oil forward of collision bulkhead on vessels 300 GT and greater. (See 33 CFR 155 .470 for exceptions.)

  • No person may intentionally drain oil or hazardous material from any source into the bilge of a vessel.

[Top]

Shipboard Oil Pollution Emergency Plan

(SOPEP)

33 CFR 151.26, MARPOL 73/78 Annex I Reg 26

Applies to: All ships of 400 GT and above, other than oil tankers.

Requirements:

  1. Subject vessels shall carry on board a shipboard oil pollution emergency plan approved by the Coast Guard, which is good for 5 years.
  2. The vessel owner or operator shall review the plan annually and submit a letter to Commandant (G-MOR) certifying the review was completed.
  3. Changes to the plan must be approved by the Coast Guard, (G-MOR).
  4. The entire plan must be resubmitted to Commandant 6 months prior to expiration.

Acceptability:

  1. SOPEP is on board the vessel.
  2. The SOPEP has a cover letter stamped approved by the Coast Guard.
  3. The annual review has been completed and a letter submitted to Commandant certifying it was completed.

 

If you have questions regarding this topic, contact your local MSO.


[Top]

Citizenship/Licensing/Manning

46 USC 8103, 8304, 8701, 8702 and 46 CFR 15

Applies to: All vessels.

Requirements:

Citizenship:

  • Only a U.S. citizen may be in command of a documented vessel or serve as master, chief engineer, radio officer or officer in charge of a deck watch or engineering watch.
  • Not more than 25% of the unlicensed seamen may be nonresident aliens allowed to be employed under the Immigration and Naturalization Act.

Licensing:

  • On documented vessels 200 gross tons or greater which operate beyond the Boundary Line, the master, mate, and engineers must have appropriate Coast Guard licenses for the tonnage, horsepower, etc. of the vessel on which they are serving.

Manning:

A The master is responsible for establishing adequate watches and lookouts. (See 46 CFR 15.705 for fish processing vessel manning requirements.)

B Seamen on the following vessels must hold a Merchant Mariners Document (MMD):

1. Processors over 1600 GT but less than 5000 GT which entered into service prior to 1 Jan. 88.

2. Processors 100 GT and over which entered into service after 31 Dec. 87 with more than 16 persons on board primarily employed in the preparation of fish or fish products:

i) Each seaman, excluding factory and support personnel, must have a MMD.

ii) 75% of the crew in each department, excluding factory and support personnel, must be able to understand any order spoken by officer.

iii) 50% of the deck crew, excluding licensed personnel, must have a MMD endorsed for a rating of at least able seaman.


[Top]

Crew Contract

46 USC 10601

Applies to: All commercial fishing industry vessels of at least 20 gross tons on a voyage from a port in the U.S.

Requirement:

The contract agreement between the master or individual in charge of the vessel and each crewmember shall:

  • be in writing and signed also by the vessel owner,
  • state the period of effectiveness of the agreement,
  • include the terms of any wage, share, or other compensation arrangement peculiar to the fishery in which the vessel will be engaged during the period of agreement, and
  • include other agreed terms.

Note: The contract is not required to be maintained on board the vessel.


[Top]

Report of Sexual Offense

46 USC 10104

Applies to: All documented vessels.

Requirement:

  • The master or individual in charge of a documented vessel shall report to the Coast Guard a complaint of a sexual offense prohibited under 18 USC 109A.
  • A master or individual in charge of a documented vessel who knowingly fails to report such a complaint is liable for a civil penalty of not more than $5000.

Required Action:

Any reports of sexual offenses made to a Boarding Officer shall be immediately forwarded to the District Commander, via your chain of command, for action.


[Top]

Drug Testing Programs

46 CFR 4.06

Applies to: All documented vessels of 200 gross tons or greater.

Requirement:

  • Fishing industry vessels of 200 gross tons or greater must comply with the chemical testing regulations found in 46 CFR 4.06.

Note: Vessels of less than 200 gross tons are not required to have a chemical testing program. However, they are still subject to the regulations found in 33 CFR 95, Operating a Vessel While Intoxicated.


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Radiotelephone Requirements (VHF)

33 CFR 26

Applies to: All power driven vessels 20 meters (65.6 ft) or more in length overall operating on the navigable waters of the U.S.

Note: Also See Communications Equipment, #167

Requirements:

  1. Monitor VHF Channel 16 (158.800 MHz).
  2. Monitor VHF Channel 13 (156.650 MHz).
  3. Have equipment capable of transmitting and receiving on VHF Channel 22A (157.100 MHz).
  4. The individual maintaining the listening watch must be able to speak English.

Note: The FCC has determined that the "Watch" or "Scan" features of VHF radios do not meet requirements for monitoring the designated channels. Therefore, two VHF radios are required.


[Top]

Global Maritime Distress and Signaling System

(GMDSS)

47 CFR 80 Subchapter W

Applies to: Cargo ships (defined as all commercial ships other than passenger ships) of 300 gross tons and over, that sail internationally or in open ocean (defined as seaward of the low-water mark or seaward of inland waters).

Requirements:

  • Basic equipment is required for all vessels with additional required equipment based on the vessel’s area of operation.
  • Also, a new class of radio operator’s license called the GMDSS Radio Operator’s License, has been established.
  • Some of the required equipment includes digital select calling (DSC) equipped VHF, MF, and HF radios; Search and Rescue Transponders (SART); NAVTEX receivers; and 406 MHz EPIRB.
  • NAVTEX receivers, 406MHz EPIRBS, SART, and two-way VHF radios for survival crafts must currently be carried on vessels required to meet GMDSS.
  • Vessels must fully comply by February 1, 1999.

 

If you have questions regarding this topic, contact your local MSO.


Termination of Unsafe Operations

46 CFR 28.65

Requirement:

A Coast Guard Boarding Officer may direct the master or individual in charge of a vessel, with concurrence of the District Commander or his authorized staff, to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the BO observes the vessel being operated in an unsafe manner and determines that an especially hazardous condition exists. Actions may include directing the master or individual in charge to return the vessel to a mooring and remain there until the condition is corrected or other specific action is taken.

Hazardous conditions include, but are not limited to:

  1. An insufficient number of lifesaving equipment on board, to include PFDs, serviceable immersion suits or adequate survival craft capacity;
  2. An inoperable EPIRB or radio communication equipment when required by regulation. There should be at least one operable means of communicating distress. When both are required, at least one must be in operable condition to avoid termination of the voyage;
  3. Inadequate firefighting equipment on board.
  4. Excessive volatile fuel (gasoline or solvents) or volatile fuel vapors in bilges;
  5. Instability resulting from overloading, improper loading or lack or freeboard;
  6. Inoperable bilge system;
  7. Intoxication of the master or person in charge, i.e., person is operating the vessel and has an alcohol concentration of 0.04 percent, or the intoxicant’s effect on the person’s manner, disposition, speech, muscular movement, general appearance or behavior is apparent by observation;
  8. A lack of adequate operable navigation lights during periods of restricted visibility;
  9. Watertight closures missing or inoperable;
  10. Flooding or uncontrolled leakage in any space; or
  11. A missing or expired certificate of class, as required by 46 U.S.C. 4503(1), for a fish processing vessel.

 

A CG Boarding Officer may direct the individual in charge of a fish processing vessel that is missing a Load Line Certificate issued by the American Bureau of Shipping or similarly qualified organization, to return the vessel to a mooring and to remain there until the vessel obtains such a certificate.

Per ALDIST 256/97, ALL F/V terminations shall be documented on CG-4100 forms as follows:

A Termination action shall be clearly marked on the CG-4100.

B The following shall be noted on the CG-4100S form:

1. Specifically what the person in charge was ordered to do, such as directed to proceed to nearest safe port, to a particular part, etc.

2. The specific reason(s) for termination of the voyage.

3. A statement that the vessel shall not get underway until all termination violations have been corrected. Violation of this order can result in a fine of up to $5000 and imprisonment for up to one year.

C The person in charge of the vessel shall sign the form stating that he understands the above order. If the person in charge refuses to sign the order, a statement to that effect shall be written on the form and signed by the boarding officer.

D Ensure that the person in charge of the vessel gets a copy of all CG-4100 paperwork. Encourage him to keep this paperwork for future reference.


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Excess Safety and Lifesaving Equipment

COMDT (G-MCO) Policy Letter 01-96

Applies to: All commercial fishing industry vessels.

The policy letter 01-96, Excess Equipment Found on Uninspected Commercial Fishing Industry Vessels, was issued to clarify guidance and respond to questions on the carriage and use of excess safety and lifesaving equipment.

A All safety and lifesaving equipment in excess of that required by 46 CFR Part 28, whether an approved type or not, carried on board any commercial fishing industry vessel must be either:

1. Maintained and inspected as required by regulation and in compliance with the manufacturer’s guidelines; or

2. Distinctly and permanently marked that it is to be used ONLY for training if not meeting the maintenance and inspection standards above; or

3. Removed from the vessel if not meeting the maintenance and inspection standards or marked for training as listed above.

B All excess safety or lifesaving equipment retained onboard a vessel for training purposes shall be stowed in such a manner or location that it will not be mistakenly utilized during an actual emergency.