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Safety Equipment Requirements for Commercial Fishing Vessels Fifth Coast Guard District

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Safety Equipment Requirements for Commercial Fishing Vessels Fifth Coast Guard District Safety Equipment Requirements for Commercial Fishing Vessels Fifth Coast Guard District Scup (Stenotomus chrysops) Scup are a migratory, schooling species found on the continental shelf of the Northwest Atlantic, commonly inhabiting waters from Cape Cod, Massachusetts to Cape Hatteras, North Carolina. The abundance of scup in a specific area is frequently influenced by water temperature. Scup prefer temperatures greater than 45 degrees F and are most frequently encountered in water temperatures from 55 to 77 degrees F. Scup overwinter in offshore waters from southern New Jersey to Cape Hatteras. When water temperatures begin to rise in spring and summer scup migrate to more northern and inshore waters to spawn. Spawning areas include locations from southern New England to Long Island, New York. Large fish arrive to the spawning grounds first, followed by successive waves of smaller individuals, suggesting that scup school by size. Larval scup are pelagic and are found in coastal waters during warmer months. Juvenile scup use a variety of coastal habitats and can dominate the overall fish population in large estuarine areas during the summer months. Scup are highly sought after by commercial and recreational fishermen throughout Southern New England and the Mid-Atlantic. Scup support commercial fisheries from Massachusetts to North Carolina, with landings largely coming from Rhode Island (38%), New Jersey (26%), and New York (16%). S Commercial landings peaked in 1960 at 48.9 million pounds, and then ranged between 11.02 and 22.04 million pounds until the late 1980s. From the 1987-1996, commercial landings averaged 10.8 million pounds, and then declined to an average of 8.8 million pounds from 1997-2014. Revision XXII JUN 2018 Safety Equipment Requirements for Commercial Fishing Vessels Fifth Coast Guard District Scup (Stenotomus chrysops) Scup are a migratory, schooling species found on the continental shelf of the Northwest Atlantic, commonly inhabiting waters from Cape Cod, Massachusetts to Cape Hatteras, North Carolina. The abundance of scup in a specific area is frequently influenced by water temperature. Scup prefer temperatures greater than 45 degrees F and are most frequently encountered in water temperatures from 55 to 77 degrees F. Scup overwinter in offshore waters from southern New Jersey to Cape Hatteras. When water temperatures begin to rise in spring and summer scup migrate to more northern and inshore waters to spawn. Spawning areas include locations from southern New England to Long Island, New York. Large fish arrive to the spawning grounds first, followed by successive waves of smaller individuals, suggesting that scup school by size. Larval scup are pelagic and are found in coastal waters during warmer months. Juvenile scup use a variety of coastal habitats and can dominate the overall fish population in large estuarine areas during the summer months. Scup are highly sought after by commercial and recreational fishermen throughout Southern New England and the Mid-Atlantic. Scup support commercial fisheries from Massachusetts to North Carolina, with landings largely coming from Rhode Island (38%), New Jersey (26%), and New York (16%). S Commercial landings peaked in 1960 at 48.9 million pounds, and then ranged between 11.02 and 22.04 million pounds until the late 1980s. From the 1987-1996, commercial landings averaged 10.8 million pounds, and then declined to an average of 8.8 million pounds from 1997-2014. Revision XXII JUN 2018 GENERAL INFORMATION The most recent change to the Commercial Fishing Vessel Safety Program is that the Coast Guard and Maritime Transportation Act of 2012 amended certain requirements pass by the Coast Guard Authorization Act of 2010 and established additional safety requirements for U.S. commercial fishing vessels. The Commercial Fishing Vessel Safety Program has posted a wealth of information on the Internet at www.fishsafe.info related to fishing vessel safety. Follow the link to the Fishing Vessel Homeport page for links to the Analysis of Fishing Vessel Casualties, Stability Best Practices Booklet, and other useful information. The Commercial Fishing Industry Vessel Safety Act of 1988 led to the creation of 46 Code of Federal Regulations (CFR) Part 28, the first regulations to apply specifically to commercial fishing vessels. Commercial fishing vessels are defined as vessels engaged in activities which are pursuant to the harvesting or processing of fish for commercial purposes. This includes tender vessels that transport, store, refrigerate or provide supplies to the commercial fishing industry. For the most part, 46 CFR Part 28 does not apply to vessels that are carrying passengers for hire such as charter boats, head boats, six packs and “T or H” boats, unless the operator possess a NOAA issued “highly migratory species” (HMS) general permit and landing permit or intends to sell its catch. This booklet is intended to summarize the regulations applying to most fishing vessels; it is NOT intended to be all-inclusive. Additional resources can be found at: United States Code of Federal Regulations (CFRs) / United States Code (U.S.C.) USCG Navigation Vessel Inspection Circulars (NVICs) If you have questions or want to schedule a CFVS safety examination, please contact one of these fishing vessel safety professionals: Commander (dpi) Office: (757) 398-7766 Attn: Commercial Fishing Vessel Safety Program Fax: (757) 391-8149: Fifth Coast Guard District Email: [email protected] 431 Crawford Street, Portsmouth VA 23704 In MD, call: the Baltimore, MD Examiner: (410) 576-2634 In VA, call: the Norfolk, VA Examiner: (757) 668-5528 In DE, eastern PA and southern NJ, call: the Philadelphia, PA Examiner: (484) 269-3034 In NC, call: the Atlantic Beach, NC Examiner: (252) 247-4526 USCG National Documentation Center (800) 799-8362 Successful completion of a safety examination results in the issuing of a Commercial Fishing Vessel Safety Program “Safety Decal.” This decal, valid for a period of two years, demonstrates the commitment to safe operating practices. ii MOST COMMONLY ASKED QUESTIONS What is the Commercial Fishing Industry Vessel Safety Act (CFIVSA) of 1988? It is a law, passed by Congress, which required the Coast Guard to issue new regulations for safety equipment and operating procedures for fishing, fish tender and fish processing vessels. It also increased the marine casualty reporting requirements. What is the Coast Guard Authorization Act of 2010? Legislation passed by Congress on October 15, 2010 that established a number of new safety requirements for U.S. commercial fishing vessels. What is the Coast Guard and Maritime Transportation Act of 2012? Legislation passed by Congress on December 20, 2012 that amended certain requirements pass by the Coast Guard Authorization Act of 2010 and established additional safety requirements for U.S. commercial fishing vessels. Why are these regulations necessary? To implement requirements of the CFIVSA, enacted legislation, and create a safer working environment for commercial fishing industry. Which vessels do these regulations affect? These regulations apply to all U. S. uninspected commercial fishing, fish tender and fish processing vessels, whether federally documented or state-numbered. Applicability of certain regulations may depend on the type and length of the vessel, the area of operations, seasonal conditions, the number of people on board, whether the vessel is documented or state- numbered and the date the vessel was built or converted. Will my fishing vessel be boarded at-sea by Coast Guard Boarding Officers? YES. Boardings of fishing industry vessels already occur on a random basis. This safety-boarding program will continue. Will an at-sea boarding delay or disrupt my fishing operations? Not necessarily. Boarding Officers make an effort to keep the at-sea boarding as brief as possible, but delays may be encountered. You can help minimize delays by becoming familiar with the safety requirements and by being prepared and cooperative during the boarding. If deficiencies are found during an at-sea boarding, what will happen? The Boarding Officer has the option of issuing a written warning or preparing a Report of Violation that could lead to assessment of a civil penalty. You are advised of any proposed civil penalty by a Letter of Inquiry, mailed to the mailing address provided during the at-sea boarding. The Letter of Inquiry explains the options available for reducing or canceling the proposed civil penalty. The Fifth Coast Guard District’s enforcement program encourages vessel owners and operators to prove they have corrected safety discrepancies by participating in the Voluntary Dockside Examination Program. A successful dockside examination results in issuance of a “Safety Decal” and will usually cancel any proposed civil penalty. An owner/operator also has the right to provide written statements in defense and to provide evidence that the safety deficiencies have been corrected. iii What is a Voluntary Dockside Examination? Part of the CFIVSA requirements is that the Coast Guard must establish a Voluntary Dockside Examination Program for fishing industry vessels. “Dockside exams” are thorough safety checks of the vessel by “Examiners”, qualified Coast Guard personnel or third party organizations accepted and designated by the Coast Guard. They are free of charge and there is no penalty and/or fault to the owner/operator for safety discrepancies discovered during the dockside exam. There is no penalty for not passing
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