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46 U.S.C. § 15102 — National Commercial Fishing Safety Advisory Committee

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 15102 — National Commercial Fishing Safety Advisory Committee

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Source file: Laws/federal/codes/united-states-code/title-46/section-15102-national-commercial-fishing-safety-advisory-committee--849d1766d4.md
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Source location: Title 46, Chapter 151, § 15102; chapter-151-national-maritime-transportation-advisory-committees.md

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**(a) Establishment.—** There is established a National Commercial Fishing Safety Advisory Committee (in this section referred to as the “Committee”). **(b) Function.—** 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) Membership.—** (1) **In general.—** — The Committee shall consist of 18 members appointed by the Secretary in accordance with this section and section 15109 of this chapter. (2) **Expertise.—** — Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee. (3) **Representation.—** — 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. (C) 1 member shall represent manufacturers of equipment for vessels to which chapter 45 of this title applies. (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) Quorum.—** A quorum of 10 members is required to send any written recommendations from the Committee to the Secretary. **(e) Savings Clause.—** Nothing in this section shall preclude the Secretary from taking emergency action to ensure safety and preservation of life at sea.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 4502 — Safety standards

**(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) 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; and (7) a placard as required by regulations prescribed under [section 10603(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10603/b&num=0&edition=prelim). **(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 vessels to which this chapter applies that— (A) operate beyond 3 nautical miles from the baseline from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes; (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

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 4508 — Repealed. Pub. L. 115–282, title VI, § 601(c)(1), Dec. 4, 2018, 132 Stat. 4289]

### Statutory Notes Section, added Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1588; amended Pub. L. 101–225, title I, § 106, Dec. 12, 1989, 103 Stat. 1910; Pub. L. 102–241, § 25, Dec. 19, 1991, 105 Stat. 2217; Pub. L. 104–324, title III, § 304(b), Oct. 19, 1996, 110 Stat. 3917; Pub. L. 107–295, title III, § 331(a), Nov. 25, 2002, 116 Stat. 2105; Pub. L. 108–293, title IV, § 418(a), Aug. 9, 2004, 118 Stat. 1049; Pub. L. 109–241, title IX, § 901(g), July 11, 2006, 120 Stat. 564; Pub. L. 111–281, title VI, § 604(c)(1)–(3), Oct. 15, 2010, 124 Stat. 2964, 2965, established the Commercial Fishing Safety Advisory Committee. See [section 15102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section15102&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 15102 — National Commercial Fishing Safety Ad-

Page 247 TITLE 46—SHIPPING § 15102 part or a regulation prescribed under this part is liable to the United States Government for a civil penalty of not more than $20,000 for each false statement or rep- resentation. It further provides that the vessel is liable in rem for the penalty. This penalty is increased from $1,000 in existing law and conforms with the level of similar penalties throughout the subtitle. PART K—NATIONAL MARITIME TRANS- PORTATION ADVISORY COMMITTEES CHAPTER 151—NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES Sec. 15101. National Chemical Transportation Safety Ad- visory Committee. 15102. National Commercial Fishing Safety Advi- sory Committee. 15103. National Merchant Marine Personnel Advi- sory Committee. 15104. National Merchant Mariner Medical Advisory Committee. 15105. National Boating Safety Advisory Com- mittee. 15106. National Offshore Safety Advisory Com- mittee. 15107. National Navigation Safety Advisory Com- mittee. 15108. National Towing Safety Advisory Committee. 15109. Administration. Statutory Notes and Related Subsidiaries TREATMENT OF EXISTING COUNCILS AND COMMITTEES Pub. L. 115–282, title VI, § 601(d), Dec. 4, 2018, 132 Stat. 4290, provided that: ‘‘Notwithstanding any other provi- sion of law— ‘‘(1) an advisory council or committee substantially similar to an advisory committee established under chapter 151 of title 46, United States Code, as added by this Act, and that was in force or in effect on the day before the date of enactment of this section [Dec. 4, 2018], including a council or committee the author- ity for which was repealed under subsection (c) [re- pealing sections 4508, 7115, 8108, and 13110 of this title and sections 1231a and 2073 of Title 33, Navigation and Navigable Wa

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