Collapse to view only § 6101. Marine casualties and reporting
- § 6101. Marine casualties and reporting
- § 6102. State marine casualty reporting system
- § 6103. Penalty
- § 6104. Commercial fishing industry vessel casualty statistics
§ 6101. Marine casualties and reporting
(a) The Secretary shall prescribe regulations on the marine casualties to be reported and the manner of reporting. The regulations shall require reporting the following marine casualties:
(1) death of an individual.
(2) serious injury to an individual.
(3) material loss of property.
(4) material damage affecting the seaworthiness or efficiency of the vessel.
(5) significant harm to the environment.
(b) A marine casualty shall be reported within 5 days as provided in this part and regulations prescribed under this part. Each report filed under this section shall include information as to whether the use of alcohol contributed to the casualty.
(c)Notice to State and Tribal Governments.—Not later than 24 hours after receiving a notice of a major marine casualty under this section, the Secretary shall notify each State or federally recognized Indian tribe that is, or may reasonably be expected to be, affected by such marine casualty.
(d)
(1) This part applies to a foreign vessel when involved in a marine casualty on the navigable waters of the United States.
(2) This part applies, to the extent consistent with generally recognized principles of international law, to a foreign vessel constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue involved in a marine casualty described under subsection (a)(4) or (5) in waters subject to the jurisdiction of the United States, including the Exclusive Economic Zone.
(e) A marine casualty not resulting in the death of an individual shall be classified according to the gravity of the casualty, as prescribed by regulation, giving consideration to the extent of injuries to individuals, the extent of property damage, the dangers that the casualty creates, and the size, occupation, and means of propulsion of each vessel involved.
(f)
(1) This chapter applies to a marine casualty involving a United States citizen on a foreign passenger vessel operating south of 75 degrees north latitude, west of 35 degrees west longitude, and east of the International Date Line; or operating in the area south of 60 degrees south latitude that—
(A) embarks or disembarks passengers in the United States; or
(B) transports passengers traveling under any form of air and sea ticket package marketed in the United States.
(2) When there is a marine casualty described in paragraph (1) of this subsection and an investigation is conducted, the Secretary shall ensure that the investigation—
(A) is thorough and timely; and
(B) produces findings and recommendations to improve safety on passenger vessels.
(3) When there is a marine casualty described in paragraph (1) of this subsection, the Secretary may—
(A) seek a multinational investigation of the casualty under auspices of the International Maritime Organization; or
(B) conduct an investigation of the casualty under chapter 63 of this title.
(g) To the extent consistent with generally recognized practices and procedures of international law, this part applies to a foreign vessel involved in a marine casualty or incident, as defined in the International Maritime Organization Code for the Investigation of Marine Casualties and Incidents, where the United States is a Substantially Interested State and is, or has the consent of, the Lead Investigating State under the Code.
(h) The Secretary shall publish all major marine casualty reports prepared in accordance with this section in an electronic form, and shall provide information electronically regarding how other marine casualty reports can be obtained.
(i) For purposes of this section, the term “major marine casualty” means a casualty involving a vessel, other than a public vessel, that results in—
(1) the loss of 6 or more lives;
(2) the loss of a mechanically propelled vessel of 100 or more gross tons;
(3) property damage initially estimated at $2,000,000 or more; or
(4) serious threat, as determined by the Commandant with concurrence by the Chairman of the National Transportation Safety Board, to life, property, or the environment by hazardous materials.
(j) The Secretary shall publish all marine casualty reports prepared in accordance with this section in an electronic form.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 536; Pub. L. 98–498, title II, § 212(b)(1), Oct. 19, 1984, 98 Stat. 2306; Pub. L. 98–557, § 7(b)(1), Oct. 30, 1984, 98 Stat. 2862; Pub. L. 101–380, title IV, § 4106(b), Aug. 18, 1990, 104 Stat. 513; Pub. L. 102–241, § 33, Dec. 19, 1991, 105 Stat. 2222; Pub. L. 107–295, title IV, §§ 423, 442(a), Nov. 25, 2002, 116 Stat. 2125, 2132; Pub. L. 109–241, title IX, § 901(o), July 11, 2006, 120 Stat. 565; Pub. L. 109–304, § 15(21), Oct. 6, 2006, 120 Stat. 1704; Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603; Pub. L. 113–281, title III, § 312, Dec. 18, 2014, 128 Stat. 3048; Pub. L. 115–232, div. C, title XXXV, §§ 3541(b)(11), 3546(d), Aug. 13, 2018, 132 Stat. 2323, 2326; Pub. L. 115–265, title II, § 211, Oct. 11, 2018, 132 Stat. 3749.)
§ 6102. State marine casualty reporting system
(a) The Secretary shall prescribe regulations for a uniform State marine casualty reporting system for vessels. Regulations shall prescribe the casualties to be reported and the manner of reporting. A State shall compile and submit to the Secretary reports, information, and statistics on casualties reported to the State, including information and statistics concerning the number of casualties in which the use of alcohol contributed to the casualty.
(b) The Secretary shall collect, analyze, and publish reports, information, and statistics on marine casualties together with findings and recommendations the Secretary considers appropriate. If a State marine casualty reporting system provides that information derived from casualty reports (except statistical information) may not be publicly disclosed, or otherwise prohibits use by the State or any person in any action or proceeding against a person, the Secretary 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.)
§ 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 prescribed 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.)
§ 6104. Commercial fishing industry vessel casualty statistics
(a) The Secretary shall compile statistics concerning 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 industry, 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 authority of the Secretary under this section to compile statistics from insurers.
(Added Pub. L. 100–424, § 4(a), Sept. 9, 1988, 102 Stat. 1590.)