Page:United States Statutes at Large Volume 102 Part 2.djvu/587

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PUBLIC LAW 100-000—MMMM. DD, 1988

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PUBLIC LAW 100-424—SEPT. 9, 1988

102 STAT. 1591

"(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.". (c) CONFORMING AMENDMENT.—The analysis for chapter 61 of title 46, United States Code, is amended by adding at the end the following: "6104. Commercial fishing industry vessel casualty statistics.". SEC. 5. STUDIES. (a) FISHING INDUSTRY VESSEL INSPECTION STUDY.—The Secretary

46 USC 4502 ^°^'

of Transportation, utilizing the National Academy of Engineering and in consultation with the National Transportation Safety Board, the Commercial Fishing Industry Vessel Advisory Committee, and the fishing industry, shall— (1) conduct a study of the safety problems on fishing industry vessels; (2) make recommendations regarding whether a vessel inspection program should be implemented for fishing vessels, fish tender vessels, and fish processing vessels, including recommendations on the nature and scope of that inspection; and (3) submit the study and recommendations to Congress before January 1, 1990. (b) UNCLASSIFIED FISH PROCESSING VESSEL STUDY.—The Secretary

of the department in which the Coast Guard is operating, in consultation with the Commercial Fishing Industry Vessel Advisory Committee established under section 4508 of title 46, United States Code (as amended by this Act), and with representatives of persons operating fish processing vessels— (1) shall conduct a study of fish processing vessels that are not surveyed and classed by an organization approved by the Secretary; (2) shall make recommendations regarding what hull and machinery requirements should apply to vessels described in paragraph (1) to ensure that those vessels are operated and maintained in a condition in which they are safe to operate at sea; and (3) shall submit the study and recommendations to Congress before July 28, 1991. SEC. 6. FISHING VOYAGE REQUIREMENTS.

(a) ENACTMENT OF N E W CHAPTER IN TITLE 46.—Title 46, United States Code, is amended by inserting after chapter 105 the following:

"CHAPTER 106—FISHING VOYAGES "Sec.

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"10601. Fishing agreements. "10602. Recovery of wages and shares of fish under agreement. "10603. Seaman s duty to notify employer regarding illness, disability, and injury.

"§ 10601. Fishing agreements 46 USC 10601. "(a) Before proceeding on a voyage, the mcister or individual in charge of a fishing vessel, fish processing vessel, or fish tender vessel shall make a fishing agreement in writing with each seaman enployed on board if the vessel is— "(1) at least 20 gross tons; and "(2) on a voyage from a port in the United States. "(b) The agreement shall be signed also by the owner of the vessel.