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Commander
13th Coast Guard District
915 Second Ave
Seattle, WA 98176

FishSafeWest

Fish like there is a tomorrow - fish safe.

A web site for Commercial Fishing Vessel Owners, Operators and Crew

Regulations and References Related to the Commercial Fishing Vessel Safety Program

Here is a central location to find NVICs, instructions, regs, policy letters, policy decisions, reference material related to the commercial fishing vessel safety program not listed in 46 CFR Part 28.

This section also provides interpretation or additional guidance on some topics.

PROGRAM GUIDANCE
FEDERAL REGISTER

REGULATIONS / GUIDANCE BY TOPIC
DEFINITIONS
COAST GUARD FORMS

Navigation Vessel Inspection Circulars (NVICs)

COAST GUARD POLICY LETTERS

US CODE

BOOKS / MANUALS / PAMPHLETS

DNV CLASS REQUIREMENT FOR CFVS
REPORTS

SAFETY RECALLS
COAST GUARD CONTACTS NATIONWIDE

PROGRAM GUIDANCE:

EW! HQ Summary of Changes to CFVS - Dated March 1, 2013 provides a summary of all changes to the CG Auth Act (CGAA) of 2010 and modifications to CGAA by the Coast Guard and Marine Transportation Safety Act (CGMTSA)of 2012.

NEW! Modified Mandatory Exam Letter to the Fishing Industry - Dated January 16, 2013 this is the letter to the commercial fishing industry notifying them of the changes to the requirement to get a mandatory dockside exam. DOCKSIDE EXAMINERS ARE TO CONTINUE TO ISSUE DECALS FOR 2 YEARS VICE 5 YEARS UNTIL TOLD TO DO OTHERWISE..

Summary of changes CG Auth Act 2010 - Proceedings Magazine - This provides a good summary of changes. Great handout for fishermen wanting a summary of the upcoming changes.

Commercial Fishing Industry Vessel Safety Act of 1988

Fishing Vessel Safefty Act of 1988 Final Rule - Federal Register - April, 14, 1991 - This is the final rule to the Commercial Fishing Vessel Safety Act of 1988 as printed in the Federal Registerroposed changes

COMDTINST 16711.13B - Implementation of the Commercial Fishing Vessel Safety Regulations dated 17 Aug 1995.

COMDTINST 16711.14 - This is training guidance for the qualification as a commercial fishing vessel safety dockside examiner dated 3 Mar 1993.

HQ PQS for Dockside Examiners

FEDERAL REGISTER POSTINGS RELATED TO THE CFIVS PROGRAM:

.Fishing Vessel Safefty Act of 1988 Final Rule - Federal Register - April, 14, 1991 - This is the final rule to the Commercial Fishing Vessel Safety Act of 1988 as printed in the Federal Registerroposed changes

.Final Rule - Federal Register - September 4, 1997 - Changes to safety equipment and vessel operating requirements to the Commercial Fishing Vessel Safety Act signed Sept 15, 1991. Revisions to 28.60 Exemption letters, 28.65 Termination of unsafe operations added (b)(11) COCs for fish processing vessels, Table 28.120 Survival Craft, 28.225 added tide and current tables, 28.270 Instructions, drills and safety orientation and 28.275 acceptance criteria for instructors and course curricula.

ANPRM - Federal Register - March 31, 2008 - Proposed changes to the Commercial Fishing Vessel Safety Regulations which include requiring stability calculations for vessels and stability training for masters of vessels between 50 and 79 feet. Changes to current requirements for immersion suits to vessel that operate beyond the boundary line and north of 32 degrees north alleviating the requirements in NVIC 1-92. Requiring a qualified drill conductor to be board vessels operating beyond the boundary line with more than 16 POB. Other changes include require registration of EPIRBs, survival craft capable of being launched by one person.

Notice of Public Meetings - Federal Register August 12,, 2008 - Announcement of Coast Guard's intent to
hold public meetings and extend comment period related to the ANPRM of March 31, 2008.

REGULATIONS / GUIDANCE BY TOPIC:

46 USC 3702 differs from the language in 46 CFR 105 as to applicability of these regulations therefore US Code trumps what is in the regs. The language currently used in 46 CFR 105 comes from the language enacted in Public Law 93-430. More recent changes to the applicability were published in Public Law 98-364 changing the language which is currently in 46 USC 3702. We have asked Headquarters to submit a regulations change proposal to fix this.

Therefore as per the US Code -fishing and fish tender vessels that dispense pertroleum products less than 500GT are exempt. Only fishing vessels and tenders 500GT and greater and fish processing vessels less than 5000GT that dispense pertroleum products are required to be examined in accordance with the
Part 105 Inspection Checklist and required to be issued a Part 105 Letter.. See D17's policy dated 28 Aug 1995 for their guidance for conducting "courtesy" 105 exams for fishing and tender vessels less than 500GT.

NVIC 13-91 Change 1 - Dated Apr 28, 1993 this provided initial policy for 3rd party organizations and established criteria for "accepted organizations" and "similarly qualified organizations".

MOC Policy Ltr 04-07 - Dated Aug 6, 2007provided additional guidance on the acceptance of accepted organization and similarly qualified organizations and provided for rescinding of acceptance of an individual third party qualification.  This guidance also stipulates that all exam paperwork be submitted to the Area Coordinators as opposed to District as outlined in 46 CFR 28.710(e).

Boundary Line General Definition - 46 CFR 7.5(c)

Deviations of Boundary Line in D13. 46 CFR 7.140 & 7.145 - There are 4 locations in the 13th district where the boundary line deviates from the general definition.

13th District Boundary Line Message P170126Z FEB 94 - Provides a simplified location for the boundary line for the Puget Sound applicable to enforcement. The boundary line is a line drawn north from Angeles Point. This is also a 13th District Ltr dated 14 July 92 with same definition.

Coastal Water Definition - 33 CFR 175.105

Cold Waters - NVIC 7-91 - All waters in the 13th district are cold waters

Navigable Waters of the 13th District - Excerpt from the 13th District SOP.

46 USC 3302

Aleutian Trade Act of 1990

Congressional Record October 27, 1990 - House discussion on implementation of the Aleutian Trade and list of the original 20 vessels.

46 USC 2102 - Definition of Aleutian Trade.

Map of Aleutian Trade area - the area is west of 153 degrees west longitude and east of 172 degrees east longitude.

NVIC 1-92 (Enclosure 5) -Regular batteries sold over the counter such as 9 volt and A, C or D cells even though they have a date must be replaced annually. Special marine type battereis marked with an expiration date must be replaced after the date marked on the battery..

46 CFR 28.250 - This is to clarify that there must be a visual alarm indicator located at the primary operating station for each watertight compartment fitted with a high water alarms alarm. Each separate watertight compartment must provide its own indication by a separate visual indicator. Unlike the visual alarm, all high water indicators can be tied to the same audible alarm. If a watertight compartment such as an engine room has two high level indicators fitted in the same space they may both illuminate the same visual indicator.

..... ........Bilge Alarm Picture

50 CFR 600.730(c)(3)and(4)) - This is the federal register 17 Nov 2008 which published the final rule related to the requirement for commercial fishing vessels with greater than a 4 foot freeboard to carry a boarding ladder.  Effective date of this regulation is 1 Jan 2009.  The current version of the CFR does not yet have this regulation included.

Boundary Line General Definition - 46 CFR 7.5(c)

Deviations of Boundary Line in D13. 46 CFR 7.140 & 7.145 - There are 4 locations in the 13th district where the boundary line deviates from the general definition.

13th District Boundary Line Message P170126Z FEB 94 - Provides a simplified location for the boundary line for the Puget Sound applicable to enforcement. The boundary line is a line drawn north from Angeles Point. This is also a 13th District Ltr dated 14 July 92 with same definition.

Canadian vessels are allowed to fish in US waters. The do not have to comply with US commercial fishing vessel safety regulations, but must comply with Canadian safety regulations. If major deficiencies are found they should be reported to District dre. District will contact Canadian authorities regarding the issue and negotiate a proper response. There are certain especially hazardous condtioins that do warrant termination.

Final Rule - Federal Register - Dated Feb 14, 2014, this provides the latest guidance in the form of new regulations for requesting a waiver of citizenship requirements for crewmembers on commerciial fishing vessels.

HQ Memorandum date June 8, 2005 - Guidance for citizenship requirements for crew aboard undocumented commercial fishing vessels. Use this guidance until the regulations are updated.

ALDIST 162/99 - provided guidance for law enforcement personnel  

Vessel with decals should be spot checked for the "Big 8" -

Loadline Job Aid - this is a flowchart (not official document) that assist in determining whether a vessel is required to have a loadline of not based on 46 USC 5102.

MVI Policy Ltr 14-90 - dated Jun 20, 1990 this discusses fish processors, the requirement for them to be loadlined and discusses what types of processes qualify as processing or not..

Engineering Officer Endorsements on uninspected fishing vessels - CG-543 Policy Ltr 11-11 dated 7 Oct 2011. Provides criteria for each level of engineering officer.

Securing requirements for MSDs -

Inside 3nm from shore (no discharge of untreaded sewage
40 CFR 140.3(b)(2))- MSD must be secured by.

- Closing the seacock and removing the handle.
- Padlocking the seacock in the closed position
- Using a non-releasable wire-tie to hold the seaclock in the closed
postion
. - 33 CFR 159.7(b)

No discharge Zones (no discharge of treated or untreated sewage 40 CFR 140.4)- MSD must be secured by.

- Closing the seacock and removing the handle.
- Padlocking the seacock in the closed position
- Using a non-releasable wire-tie to hold the seaclock in the closed postion, or
- Locking the door to the space enclosing the toilets with a padlock or door handles key lock .
- 33 CFR 159.7(c)

46 U.S.C. § 2101(14a) - US Code definition of Major Conversion.

Manning Job Aid - this is not an official document but a job aid to help determine manning requirments for specific fishing industry vessels and includes references to the regs.

MSM Vol III, Chapter 26, par 3. provides general guidance for manning levels of certain commercial fishing industry vessels.

Masters - every self propelled, seagoing documented vessel of 200gt or greater is required to have a licenced master 46 USC 8304 and 46 CFR 15.805(a)(1).

Mates - any person in charge of navigating the vessel or standing a navigation watch on a self propelled, seagoing documented vessel of 200gt or greater is required to be appropriately licensed.
46 CFR 15.810(c)
.
A person that stands a lookout watch as required by Rule 5 of the Nav Rules is required to be a member of the navigation watch 46 CFR 28.850.

Chief Engineers - a person that has operation or maintenance responsibilites for the propulsion machinery aboard a seagoing documented vessel of 200gt and greater is required to hold an appropriate license 46 CFR 15.820(b).

Asst Engineers - a person in charge of an engineering watch aboard a mechnically propelled seagoing documented vessel of 200gt or greater is required to hold an appropriate license
46 CFR 15.825(a)
. It is the responsiblity of the vessel master to establish the watch 46 CFR 15.705(a).

Watches - Establishment of adequate watches is the responsibility of the master 46 CFR 15.705(a). Also see the discussion in the MSM Vol III.

Navigable Waters List - Excerpt from the 13th District SOP.

Navigation Rules - COMDTINST M16672.2D - The entire pamplet of the Navigation Rules.

Navigation Lights - COMDTINST M16672.2D - Excerpts and pics from rule 3 which defines "vessel" and "vessel engaged in fishing", and rule 21 nav light configurations based on vessel length and type fishery engaged.

Navigation light configurations based on the following size and vessel fishing apparatus that may restrict vessel maneuverability. Restricted in ability to maneuver when working fishing gear are fisheries such as working long line gear or during the time the vessel is hauling in a seine net. Not restricted is fisheries such as a troller that can move out of the way of another vessel while continuing to fish.

Less than 7 meters (23')

Less than 12 meters (39.4')

Less than 20 meters (65.6')

Less than 50 meters (164.1')

50 meters (164.1') or greater

Use of Electronic Navigation Pubs / Charts - HQ Policy Letter 10-05 - This policy letter allows the use of electronic versions of Navigation Pubs to include Light List, Local Notice to Mariners, Tide and Current Tables, Coast Pilot, VTS Rules.THIS DOES NOT INCLUDE THE USE OF ELECTRONIC CHARTS IN LIEU OF PAPER CHARTS.

Notice of Violations User's Guide - The guide provides the procedures and a list of prorposed penalty amounts.

NMFS / USCG MOU (May 1980) - the NMFS desired an increased level of safety for their charters prior to the implementation of the CFIVS regs and entered into this MOU with the Coast Guard. This is and old MOU that was established prior to the implementation of the CFIVS act and references requirements in 46 CFR Subchapter "C" and some parts of Subchapter "T".  Although still valid HQ is working on a new MOU that will adopt 46 CFR Part 28 as the acceptable criteria.

Congressional Record June 27, 1984 - Discussion in the House and the Senate June 27, 1984 on the definition of a part-time tender.  In general a vessel that tends less time per year than it fishes are to be treated as a fishing vessel.

NVIC 1-92 (Enclosure 5) - Regular batteries sold over the counter such as 9 volt and A, C or D cells even though they have a date must be replaced annually. Special marine type battereis marked with an expiration date must be replaced after the date marked on the battery..

Garbage Placard 33 CFR 151.59 - Vessels > 26'

Garbage Log 33 CFR 151.55 - Ocean going vessel > 400GT

IOPP Certificate CG-5352 - issued to commercial fishing vessels greater than 400GT on a foreign voyage.  This is a requirement of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL 73/78).  The IOPP certificate is a requirement of MARPOL Annex I - Prevention of pollution from oil for ships.  An examination of the vessel is conducted in accordance with 33 CFR 151.23 and form CG5352A.  Once found in compliance a commercial fishing vessel is issued form CG-5352 IOPP certificate which is valid for 5 years with a requirement for annual endorsements.  A commercial fishing vessel is also issued the CG-5352A which is a supplement to the IOPP Certificate.

IOPP Certificate CG-5352A - supplement (form A) to the CG5352.

Oil Pollution Placard - 33 CFR 155.450 - Vessel > 26'

Waste Management Plan 33 CFR 151.57 - Ocean going vessel > 40'

Shore Connection MOC Policy Ltr 2-97 - HQ determined that 1.5 inch quick disconnects is an acceptable equivalent to the standard shore connection normally required.  This does not apply to oceangoing vessels 400 GT or greater on international service.

Federal Register Final Rule Nov 17, 2009 - The Captain of the Port (COTP) has the authority to either totally close the bar, or restrict the bar.

Bar Closure - Done when the environmental conditions exceed the operational limitations of the relevant Coast Guard search and rescue resources as determined by the COTP. No vessels can cross the bar unless specifically exempted by the COTP.

Bar Restriction - When determined by the COTP, the bar is restricted to vessels as follows.
•     Recreational vessels                             
   ........  Cannot operate               
•     Uninspected passenger vessels                 
  .....     Cannot operate
•     Uninspected commercial fishing industry vessels       Must wear or have PFDs readily available

Federal Register Apr 12, 2010 - Change to the Umpqua River bar area.

33 CFR 173.27 -

Simplified tonnage measurment calculation form

FAQs about the servicing of Survival Craft - Dated Sept 1999 this letter from HQ Life Saving Standards Division, included information about why annual servcing of inflatable survival craft is required. This is a good reference.

Retroreflective Material Installation NVIC 01-87 -

Implementation of Life Saving Equipment Requirements - NVIC 1-92 - dated 4 Feb 1992, initial guidance which replaced NVIC 5-86 (voluntary CFIVS regs) related to lifesaving equipment.

Change 1 to NVIC 1-92 - dated 2 Aug 1992, this NVIC clarifies regulations and policies concerning inflatable life rafts. Use of non-SOLAS approved for applications where 4 person life raft is allowed.

Change 2 to NVIC 1-92 - dated 4 Mar 1994, this NVIC temporarily revised the allowed carrying capacity of certain unapproved inflatable liferafts for commecial fishing vessels. This expired January 1, 1999. THIS IS PROVIDED AS HISTORICAL INFORMATION.

Excess Equipment MOC Policy Ltr 01-96 - Excess survival equipment aboard commercial fishing vessels.  Excess survival equipment can be kept on board if used for drill purposes and must be marked for "drill use only".  This does not extend to inflatable survival craft, 13th District policy is that a survival craft beyond its service date will not be allowed to be kept on board and cannot be marked for "drill use only".

The Coast Guard is encouraging crew to wear PFDs while working on the deck of commercial fishing vessels, even if the equipment is not Coast Guard approved.

There has been some concern from the commercial fishing industry that the Coast Guard will not allow excess or unapproved equipment aboard commercial fishing vessels.

Excess equipment even if it is non-approved equipment is allowed to be kept and used on board a commercial fishing vessels provided the vessel has the PFDs or immersion suits as required by the fishing vessel safety regulations.  The following regulations and guidance support this interpretation.

  • The last sentence in 46 CFR 28.105(b) states; “Equipment for personal use which is not required by this part need not be approved by the Commandant.”
  • 46 CFR 28.140 (b) – states; “Each item of lifesaving equipment, including unapproved equipment, must be maintained and inspected in accordance with “
    • “(1) Table 28.140(inspected, cleaned and repaired as necessary annually)
    • “(2) The servicing procedure under the subpart of this chapter applicable to the item/s approval; and”
      • Subchapter Q does not establish a servicing criteria or interval but states that the manufacturer of the device will establish and label the item with the required servicing.
    • (3) “The manufacturer’s guidelines.”
  • A final reference is in MOC Policy Letter 01-96 dated 07 February 1996:  The subject of which is “Excess equipment found on uninspected commercial fishing industry vessels”
    • Paragraph 2 states; “All safety and lifesaving equipment in excess of that required by 46 CFR 28, whether an approved type or not, carried onboard any commercial fishing industry vessel must be:
      • (a) Maintained and inspected as required by regulation and in compliance with the manufacturer’s guidelines.”

Unserviceable Survival Equipment - MOC Policy Ltr 04-08 - dated 6 August 2004 provides guidance on what should be done with unserviceable survival equipment on board commercial fishing vessels. Also discusses termination guidance for survival craft 5 months beyond service date, hydrostatic releases and disposable hydrostatic release units 5 months past expiration.

An inflatable survival craft that is beyond its servicing date by 5 months must be removed from the vessel and surviced. Inflatable survival craft may not be kept on board and marked for drill use only, even if it is not required due to the vessels route.

SOLAS - Excerpt from SOLAS that states international inflatable survival craft annual servicing requirement and 5 month max extenstion.

Testing of Immersion Suits - NVIC 01-08 - dated 28 Jan 2008 provides recommended testing intervals for leak testing seams and closures.

Note that this is not a legal requirement nor is it a rule. If during an inspection the condition of the immersion suit is in question due to the materail condition of the suit, the owner may elect to test the suit in order to prove its condition as being satisfactory.

NMFS Observer Valise Liferafts Memo - dated 15 Jul 2008 allows the carriage of additional life raft aboard a commercial fishing vessel that is required to carry and National Marine Fisheries Servcie Observer if the vessel existing life raft has insufficient capacity for the added NMFS observer. This life raft is not SOLAS approved but my be used aboard a vessel operating in an area that is required to carry SOLAS life refts.

MVI Policy letter dated 26 Oct 1990 - Vessels greater than 5 net tons are required to be documented.  This policy letter provides rule of thumb guidelines by using length, depth and breadth measurements in order to obtain a cubic foot measurement.  Vessels that measure greater than 4000 cu ft are over 5 net tons and should be required to be documented unless admeasured by a naval architect and issued a tonnage certificate for less than 5 net tons.

Simplified tonnage measurment calculation form

Termination Authority - 46 CFR 28.65

Termination of Unsafe Operations Aboard Commercial Fishing Industry Vessels NVIC 12-91 - This was initial guidance from HQ on termination for commercial fishing vessels.  This has some good verbiage on the general stance on when terminations might be appropriate.

Unserviceable Survival Equipment - MOC Policy Ltr 04-08 - dated 6 August 2004 discusses termination guidance for survival craft 5 months beyond service date, hydrostatic releases and disposable hydrostatic release units 5 months past expiration.

Posting of FCC Station License - 47 CFR 80.405

GMDSS Requirements - NVIC 3-99 - Provides guidance for what GMDSS equipment is required for vessels.

Marine Safety Alert: Coast Guard termination of the 2 Mhz distress watchkeeping

25 CFR 249.7 - Bureau of Indian Affairs - Indian Tribes have special fishing rights, though these regs specify that they are not exempt from any law or regulation pertaining to safety, obstruction of navigable waters, national defense, security of public property, pollution, health and sanitation or registration.

46 CFR 26.30 - Althouth work vests are not required to be carried aboard commercial fishing vessels, we want to highly encourage there use. This is to clarify that when these devices are carried aboard the vessel they MUST be maintained in serviceable condition. Coast Guard Marine Safety Personnel should ensure the device is in serviceable condition in accordance wth the Coast Guard approval and if not the work vest must be removed from the vessel and repaired or destroyed. Highly encourage there replacement.

DEFINITIONS:

HQ guidance document - "Built" as used to delineate a vessel’s build date, is used throughout International Conventions, U.S. law, and Coast Guard regulations as the date when the vessel’s keel is laid or reaches a similar stage of construction. Consistent with those intentions, the term “built,” as it applies to newly constructed CFVs (post July 1, 2012, or post January 1, 2010 for smaller vessels, which are the effective dates in the CGAA), means: when a vessel’s keel is laid; or when construction identifiable with the vessel has begun.

Coastwise is referenced under Personal Floatation Device Lights 46 CFR 25.25-13(a). There is no definition of coastwise in this section. The only definition for coastwise can be found in each inspected vessel subchapter related to a vessel routes.

Subchapter D - 46 CFR 30.10-11,
Subchapter H - 46 CFR 70.10-1,
Subchapter I -
46 CFR 90.10-11,
Subchapter K -
46 CFR 114.400,
Subchapter T -
46 CFR 175.400
Subchapter W -
46 CFR 199.30.

Although each of the above are applicable to its own subchapter we have adopted the general definition."Coastwise" and is interpreteded to mean coastal waters - 46 CFR 175.105 and waters out to 20 nautical miles off shore. (coastal waters include the waters from 3nm off shore to the first point where the waterway narrows to within 2nm across)

Defined in 46 CFR 25.26-1 - High seas means the waters beyond a line three nautical miles seaward of the Territorial Sea Baseline as defined in 33 CFR 2.20.

Defined in 46 CFR 24.10 - Oceans means those waters beyond 20 nautical miles from shore..

Defined in 46 CFR 69.9 - Horizontal distance between the foremost part of a vessels stem to the aftermost part of the vessels stern, excluding fittings and attachments.

HQ guidance document - For the purposes of meeting requirements of an alternate safety compliance program, the term “substantial change,” has the same meaning as the term “major conversion” as defined by 46 U.S.C. § 2101(14a). A substantial change or major conversion under this definition means a conversion of a vessel that: substantially changes the dimensions (e.g. length, breadth, or depth) or carrying capacity of the vessel; changes the type of the vessel; substantially prolongs the life of the vessel; or, otherwise so changes the vessel that it is essentially a new vessel, as decided by the Commandant.

Defined in 46 CFR 2.22 has two meanings.

Defined in 33 CFR 2.20 is the mean low waterline along the coast of the Unitled States.

FORMS:

CG-5587 Commercial Fishing Vessel Safety Examination Book.  This is the checklist used by Dockside Examiners when conducting a dockside exam.

CG-5587B Commercial Fishing Vessel Safety Examination Supplement.  This supplement includes checklist items related to pollution prevention equipment, vessels contructed or converted after 9/15/91 that operates with > 16 pob, vessels > 79' built or converted after 9/15/91, and vessels that transfer fuel that carry more thatn 10,500 gallons of oil or hazardous cargo.

CG-4100F Boarding Form - This is the Boarding Officer form used for conducting boardings of commercial fishing vessels.

(NVICs) Navigation Vessel Inspection Circulars

NVIC 1-83 - Painter line for buoyant apparatus and life floats

NVIC 4-86 - Hydrostatic Release Units and Alternate Float Free Arrangements

NVIC 1-87 - Retroreflective Material Installation

NVIC 7-91 - Determination of Cold water areas - All waters in the 13th district are cold waters.

NVIC 12-91 - Termination of Unsafe Operations Aboard Commercial Fishing Industry Vessels - This was initial guidance from HQ on termination for commercial fishing vessels.  This has some good verbiage on the general stance on when terminations might be appropriate.

NVIC 13-91 Change 1 - Dated Apr 28, 1993 this provided initial policy for 3rd party organizations and established criteria for "accepted organizations" and "similarly qualified organizations".

NVIC 1-92 Implemention of Life Saving Equipment Requirements - dated 4 Feb 1992, initial guidance which replaced NVIC 5-86 (voluntary CFIVS regs) related to lifesaving equipment.

NVIC 1-92 Change 1 - dated 2 Aug 1992, this NVIC clarifies regulations and policies concerning inflatable life rafts. Use of non-SOLAS approved for applications where 4 person life raft is allowed.

NVIC 1-92 Change 2 - dated 4 Mar 1994, this NVIC temporarily revised the allowed carrying capacity of certain unapproved inflatable liferafts for commecial fishing vessels. This expired January 1, 1999. THIS IS PROVIDED AS HISTORICAL INFORMATION.

NVIC 7-93 Guidelines for Drill Instructor Courses - dated Aug 24, 1993, this provides guidance for accepting course curriculum for the training of Drill Instructors who are then qualified to teach Drill Conductors how to conduct drills aboard commercial fishing vessels.

NVIC 5-95 Guidelines for Organizations offering CG approved courses - dated Jun 21, 1995, this provides approval requirements for organizations that offer Coast Guard approved courses.

NVIC 3-99 - GMDSS Requirements - Provides guidance for what GMDSS equipment is required for vessels.

NVIC 1-08 Testing of Immersion Suits- dated 28 Jan 2008 provides recommended testing intervals for leak testing seams and closures.

Note that this is not a legal requirement nor is it a rule. If during an inspection the condition of the immersion suit is in question due to the material condition of the suit, the owner may elect to have the suit tested as per this NVIC in order to prove its condition as being satisfactory.

POLICY LETTERS

HQ Policy Ltr - Tonnage Measurement Guidelines - Dated 25 Oct 1990, vessels greater than 5 net tons are required to be documented.  This policy letter provides rule of thumb guidelines by using length, depth and breadth measurements in order to obtain a cubic foot measurement.  Vessels that measure greater than 4000 cu ft are over 5 net tons and should be required to be documented unless admeasured by a naval architect and issued a tonnage certificate for less than 5 net tons.

HQ Policy Ltr 14-90- Fishing Processing Vessels: Definition and Load Lines - dated Jun 20, 1990 this discusses fish processors, the requirement for them to be loadlined and discusses what types of processes qualify as processing or not..

HQ Policy Ltr 01-96 - Excess Equipment - Excess survival equipment aboard commercial fishing vessels.  Excess survival equipment can be kept on board if used for drill purposes and must be marked for "drill use only".  This does not extend to inflatable survival craft, 13th District policy is that a survival craft beyond its service date will not be allowed to be kept on board and cannot be marked for "drill use only".

HQ Policy Ltr 2-97 - Shore Connection - HQ determined that 1.5 inch quick disconnects is an acceptable equivalent to the standard shore connection normally required.  This does not apply to oceangoing vessels 400 GT or greater on international service.

HQ Policy Ltr 01-02- Procedures for Waiver of Requiements on Citizenship Aboard Commercial Fishing Vessels - Dated Jun 28, 2001 this provides guidance for waiving of the requirement of US citizenship aboard commercial fishing vessels.

HQ Policy Letter 06-04 - Unspected Commercial Fishing Vessel Safety Program Management; USCG Auxiliary Examiners. - Dated July 19, 2006 this policy provides guidance for qualification and travel related to utilizing Coast Guard Auxiliary examiners for the commercial fishing vessel safety program.

HQ Policy Letter 10-05 - Use of Electronic Navigation Pubs / Charts - This policy letter allows the use of electronic versions of Navigation Pubs to include Light List, Local Notice to Mariners, Tide and Current Tables, Coast Pilot, VTS Rules. Although the references in the letter does not specifically reference the CFIVS regs, according to an e-mail response, according to Captain Christensen it is intented to apply to commercial fishing vessels.THIS DOES NOT INCLUDE THE USE OF ELECTRONIC CHARTS IN LIEU OF PAPER CHARTS.

HQ Policy Ltr 04-07 - Acceptance of 3rd Party Organizations - Dated Aug 6, 2007provided additional guidance on the acceptance of accepted organization and similarly qualified organizations and provided for rescinding of acceptance of an individual third party qualification.  This guidance also stipulates that all exam paperwork be submitted to the Area Coordinators as opposed to District as outlined in 46 CFR 28.710(e).

HQ Policy Ltr 04-08 - Unserviceable Survival Equipment- dated 6 August 2004 provides guidance on what should be done with unserviceable survival equipment on board commercial fishing vessels. Also discusses termination guidance for survival craft 5 months beyond service date, hydrostatic releases and disposable hydrostatic release units 5 months past expiration.

An inflatable survival craft that is beyond its servicing date by 5 months must be removed from the vessel and surviced. Inflatable survival craft may not be kept on board and marked for drill use only, even if it is not required due to the vessels route.

HQ Policy Ltr 11-11 - Engineering Officer Endorsements on uninspected fishing vessels dated 7 Oct 2011. Provides criteria for each level of engineering officer.

HQ Policy Letter 12-02 - Dated March 1, 2012 - FInal policy that states that Coast Guard Auxiliary personnel may assist the CFIVS program by conducting mandatory dockside exams as proviided for with the signing of the Coast Guard Authorization Act of 2010.

US CODE related to commercial fishing vessels

46 USC 2101 - Definitions
46 USC 2102 - Aleutian Trade definition
46 USC 3302 - Part time tenders & Exemption from inspections
46 USC 3304(d) - Carrying passengers in addition to the crew
46 USC 3702(c) - Carrying bulk hazardous cargoes
46 USC 4503 - Vessel certification & Alternate Compliance Programs
46 USC 4505 - Terminations
46 USC 4506 - Granting exemptions
46 USC 5102 - Loadlines
46 USC 8103 - Cititzenship of officers/masters
46 USC 8104 - Watches

46 USC 8105 - Exemption from STCW
46 USC 8304 - Officer licensing requirement
46 USC 10101 - Definition of Seaman

46 USC 10601 - Crew contracts

46 USC 11101 - Accomodation for Seaman

REPORTS:

Living to Fish - Dying to Fish - In a three-week period at the dawn of 1999, eleven lives and four clam/conch fishing vessels were lost off the mid-Atlantic coast. This quick succession of casualties in one fishery, in a small geographic area, shocked the regional fishing community. Questions were raised as to whether they represented a statistical anomaly or a worsening trend in fishing safety. Rear Admiral Robert C. North, the Coast Guard’s Assistant Commandant for Marine Safety and Environmental Protection, chartered a Task Force to:

1. evaluate recent serious casualties;
2. examine recent casualties in the context of historical data;
3. provide quick feedback to the industry;
4. review the current fishing vessel safety program and past safety initiatives;
5. recommend significant measures to reduce loss of life and vessels; and,
6. develop direction for government and industry.

The Task Force was chartered on 27 January 1999 and this report was due to Admiral North on 19 March 1999. The charter is in Appendix A.

Analysis of Fishing Vessel Casualties - Conducted by the HQ Office of Investigations and Analysis, Compliance and Analysis Division, dated December 2011. This is a review of Fishing Vessel Casualties from 1992 to 2010.

SAFETY RECALLS:

Mustang Inflatable PFD Saferty Recall Sheet

BOOKS / MANUALS / PAMPHLETS:

13th District CFIVS Reference Guide - Last updated June 2010, this guide was developed by the 13th District.  This guide is specific to the applicability of the Commercial Fishing Vessel Safety Regulations for this district.

17th District CFIVS Reference Guide - Last updated Feb 2009. Thiis guide is specific to the applicability of the Commercial Fishing Vessel Safety Regulations for this district.

Pamphlet - Federal Requirements for Commercial Fishing Industry Vessels This is a pamphlet printed by the CFIVS Program that provides information on each of the regulations applicable to commercial industry fishing vessels.

Marine Safety Manual (Vol II) - This is a link to the manual located at the Headquarters Directives website.

DNV CLASS REQUIREMENTS FOR CFVs:

DNV Press Release - Press release 17 November 2011 at Pacific Marine Expo announcing release of draft rules..

DNV Class Requirements v5.0 - Det Norske Veritas - Standards for Certification for Domestic Vessels - US Waters (Draft Interim Rules Nov 2011)..

NATIONWIDE CFIVS CONTACT LIST

Link to list

 

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Last Modified 3/20/2014