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

submitted 8 years ago by Pub. L. 115-282 to r/title-46-SHIPPING · 436 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates a National Commercial Fishing Safety Advisory Committee. It advises the Secretary on fishing vessel safety, reviews related regulations and casualties, and has 18 members representing the fishing industry and the public. A quorum of 10 is needed to send recommendations.

(a) Establishment: The law creates a National Commercial Fishing Safety Advisory Committee, called "the Committee" in this section. (b) Function: The Committee must: (1) advise and give written recommendations to the Secretary on the safe operation of vessels covered by chapter 45, including: (A) navigation safety; (B) safety equipment and procedures; (C) marine insurance; (D) vessel design, construction, maintenance, and operation; and (E) qualifications and training of personnel; (2) review chapter 45 regulations while they are being written; and (3) review marine casualties and investigations of vessels covered by chapter 45, and recommend ways to the Secretary to improve safety and cut down on vessel casualties. (c) Membership: (1) In general: The Committee has 18 members, appointed by the Secretary under this section and section 15109. (2) Expertise: Each member must have real expertise, knowledge, and experience related to the Committee's work. (3) Representation: Members are appointed as follows: (A) 10 members represent the commercial fishing industry. As a group, they must reflect a fair regional and representational balance. Each, individually, must have experience either operating vessels covered by chapter 45, or working as a crew member or processing-line worker on a fish processing vessel. (B) 1 member represents naval architects and marine engineers. (C) 1 member represents manufacturers of equipment for vessels covered by chapter 45. (D) 1 member represents education and training professionals in fishing, fish processing, and fish tender vessel safety and qualifications. (E) 1 member represents underwriters who insure vessels covered by chapter 45. (F) 1 member represents owners of vessels covered by chapter 45. (G) 3 members represent the general public. Where possible, they should include an independent maritime safety expert or consultant, a marine surveyor who serves vessels covered by chapter 45, and someone familiar with issues facing fishing communities and fishermen's families. (d) Quorum: A quorum of 10 members is needed before the Committee can send any written recommendations to the Secretary. (e) Savings clause: Nothing here stops the Secretary from taking emergency action to protect safety and save lives at sea.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Added Pub. L. 115–282, title VI, § 601(a), Dec. 4, 2018, 132 Stat. 4281; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8335(a)(1), Jan. 1, 2021, 134 Stat. 4706.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-282 · 132 Stat. 4281
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4706

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-282 on 2018-12-04.

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