46 U.S.C. § 6104 — Commercial fishing industry vessel cas-

Page 123 TITLE 46—SHIPPING § 6104 tion or proceeding against a person, the Sec- retary may use the information provided by the State only in the same way that the State may use the information. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 536; Pub. L. 98–557, § 7(b)(2), Oct. 30, 1984, 98 Stat. 2862.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 6102 .............................................. 46:1486 Section 6102(a) requires the Secretary to prescribe regulations for a uniform State marine casualty report- ing system for vessels. The Secretary may limit the scope and types of casualties to be investigated and re- ported by the State. It also requires the State to sub- mit to the Secretary reports, information, and statis- tics on casualties reported to the State. Subsection (b) requires the Secretary to analyze the information that is received from the State. It also pro- hibits the Secretary from disclosing the information, proceeding against any person based on this informa- tion, or otherwise using the information, if the State cannot use the information in the same way. Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–557 inserted provisions relating to alcohol as a contributing factor to the cas- ualty. Statutory Notes and Related Subsidiaries PLAN TO INCREASE MARINE CASUALTY REPORTING Pub. L. 104–324, title III, § 314(a), Oct. 19, 1996, 110 Stat. 3922, provided that: ‘‘Not later than one year after en- actment of this Act [Oct. 19, 1996], the Secretary of Transportation shall, in consultation with appropriate State agencies, submit to the Committee on Resources [now Committee on Natural Resources] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan to in- crease reporting of vessel accidents to appropriate State law enforcement officials.’’ § 6103. Penalty (a) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel failing to report a casualty as required under section 6101 of this title or a regulation pre- scribed under section 6101 or 6102 is liable to the United States Government for a civil penalty of not more than $25,000. (b) A person failing to comply with section 6104 of this title or a regulation prescribed under that section is liable to the Government for a civil penalty of not more than $5,000. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 536; Pub. L. 98–498, title II, § 212(b)(2), Oct. 19, 1984, 98 Stat. 2306; Pub. L. 100–424, § 4(b), Sept. 9, 1988, 102 Stat. 1590; Pub. L. 104–324, title III, §§ 306(a), 314(b), Oct. 19, 1996, 110 Stat. 3918, 3922.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 6103 .............................................. 33:361 33:362 Section 6103 provides for a civil penalty of $1,000 for any owner, charterer, managing operator, agent, mas- ter, or individual in charge of a vessel that fails to re- port a casualty required to be reported under sub- section (b) of section 6101 or an incident required to be reported under subsection (c) of section 6101. Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–324 inserted ‘‘or 6102’’ before ‘‘is liable’’ and substituted ‘‘not more than $25,000’’ for ‘‘$1,000’’. 1988—Pub. L. 100–424 designated existing provisions as subsec. (a) and added subsec. (b). 1984—Pub. L. 98–498 struck out ‘‘or incident’’ after ‘‘a casualty’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–498 effective 180 days after Oct. 19, 1984, see section 214 of Pub. L. 98–498, set out as an Effective Date note under section 2306 of this title. § 6104. Commercial fishing industry vessel cas- ualty statistics (a) The Secretary shall compile statistics con- cerning marine casualties from data compiled from insurers of fishing vessels, fish processing vessels, and fish tender vessels. (b) A person underwriting primary insurance for a fishing vessel, fish processing vessel, or fish tender vessel shall submit periodically to the Secretary data concerning marine casualties that is required by regulations prescribed by the Secretary. (c) After consulting with the insurance indus- try, the Secretary shall prescribe regulations under this section to gather a statistical base for analyzing vessel risks. (d) The Secretary may delegate to a qualified person that has knowledge and experience in the collection of statistical insurance data the au- thority of the Secretary under this section to compile statistics from insurers. (Added Pub. L. 100–424, § 4(a), Sept. 9, 1988, 102 Stat. 1590.) CHAPTER 63—INVESTIGATING MARINE CASUALTIES Sec. 6301. Investigation of marine casualties. 6302. Public investigations. 6303. Rights of parties in interest. 6304. Subpoena authority. 6305. Reports of investigations. 6306. Penalty. 6307. Notifications to Congress. 6308. Information barred in legal proceedings. 6309. Voyage data recorder access. HISTORICAL AND REVISION NOTES Chapter 63 sets forth the scope and procedures for the investigation of marine casualties and incidents that are required to be reported by Chapter 61, as well as the rights of parties involved in a casualty. Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, div. K, title CXVIII, § 11807(b), Dec. 23, 2022, 136 Stat. 4165, added item 6304 and struck out former item 6304 ‘‘Subpena authority’’. 2018—Pub. L. 115–265, title II, § 207(b), Oct. 11, 2018, 132 Stat. 3747, added item 6309. 1996—Pub. L. 104–324, title III, § 313(b), Oct. 19, 1996, 110 Stat. 3922, added item 6308.