Additional Requirements, Termination, Policies

Additional Requirements

Termination

Policies

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 Mi>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.

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.

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).

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,

  1. 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.
  2. For vessels constructed after June 30, 1974:
    1. 100 - 300 gross tons: Fixed container or enclosed deck area of one-half barrel (21 gallons) or portable container of 5 gallons capacity.
    2. 300 - 1600 gross tons: Fixed container or enclosed deck area of one-half barrel (21 gallons) capacity.
    3. 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.

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.

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.

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.

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:

  1. The master is responsible for establishing adequate watches and lookouts. (See 46 CFR 15.705 for fish processing vessel manning requirements.)
  2. 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:
      1. Each seaman, excluding factory and support personnel, must have a MMD.
      2. 75% of the crew in each department, excluding factory and support personnel, must be able to understand any order spoken by officer.
      3. 50% of the deck crew, excluding licensed personnel, must have a MMD endorsed for a rating of at least able seaman.

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.

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.

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.

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.

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.

Termination

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, Mi>ALL F/V terminations shall be documented on CG-4100 forms as follows:

  1. Termination action shall be clearly marked on the CG-4100.
  2. 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.
  3. 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.
  4. 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.

Policies

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.

  1. 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.
  2. 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