By Jerry Dzugan, AMSEA
If you’re interested in building a new commercial fishing vessel measuring 50-180 feet, this would be a good time to look at the U.S. Coast Guard’s new policy letter CG-CVC 24-02 dated Aug. 18 entitled “The Application of Fishing Vessel Construction Requirements.”
A policy is an agency’s clarification of a law or regulation. In this case, the agency is the U.S. Coast Guard.
Commercial fishing vessel (CFV) classing requirements are specified in Title 46, United States Code U.S.C. § 4503(a). However, in lieu of being classed, certain vessels may opt to choose an alternate-to-class option per U.S.C. § 4503(d).
Specifically, this would apply to fishing vessels (FV) and fish tender vessels (FTV) that are between 50 and 180 feet overall in length with a keel laid date after Feb. 8, 2016.
Policy letter CG-CVC-24-02 communicates the Coast Guard’s thinking with regards to commercial fishing vessel construction requirements and post-construction requirements outlined in Title 46, U.S. Code § 4503(d). It covers specifics on vessel design, construction, project oversight and certification involving third-party organizations.
This policy letter specifically highlights different sections within the statutory requirement, details different options and provides more clarity for different sections. It also offers hyperlinks to resources to provide a better understanding of this statutory requirement.
CVC 24-02 provides a breakdown of the eight relevant sections of 46 U.S.C. § 4503(d) which outlines various requirements related to vessel design and construction, project oversight and certification and post construction surveys, maintenance and documentation.
It is essential that stakeholders such as Coast Guard authorities, vessel owner/operators, ship builders and third-party organization surveyors understand relevant parameters and applicability.
The alternate-to-class option established under § 4503(d) includes these requirements:
- The vessel is designed by an individual licensed by a State as a naval architect or marine engineer, and the design incorporates standards equivalent to those prescribed by a classification society to which the Secretary has delegated authority under 46 USC 3316 or another qualified organization approved by the Secretary for purposes of this paragraph.
- Construction of the vessel is overseen and certified as being in accordance with its design by a marine surveyor of an organization accepted by the Secretary.
- The vessel completes a stability test performed by a qualified individual; has written stability and loading instructions from a qualified individual that are provided to the owner or operator; and has an assigned loading mark.
- The vessel is not substantially altered without the review and approval of an individual licensed by a State as a naval architect or marine engineer before the beginning of such substantial alteration.
- The vessel undergoes a condition survey at least twice in five years, not to exceed three years between surveys, to the satisfaction of a marine surveyor of an organization accepted by the Secretary.
- The vessel undergoes an out-of-water survey at least once every five years to the satisfaction of a certified marine surveyor of an organization accepted by the Secretary.
- Once every five years and at the time of a substantial alteration to such vessel, compliance of the vessel with the requirements of paragraph (3) is reviewed and updated as necessary.
- For the life of the vessel, the owner of the vessel maintains records to demonstrate compliance with this subsection and makes such records readily available for inspection by an official authorized to enforce this chapter.
So what does this mean?
Gone are the days of sketching out a vessel design on a paper napkin and building a fishing boat in your backyard. Congress has tightened up the design, construction and maintenance requirements for all fishing vessels 50 feet and greater.
If you’re planning to build a boat, engage with a reputable naval architect early to ensure the design incorporates accepted standards. Work with a solid boat builder that has experience working with the construction requirements of class societies or an inspected vessel.
Notification of the local Coast Guard Commercial Fishing Vessel Safety Coordinator also is recommended so you may be informed of the latest policies and procedures.
Most of the larger shipyards on the West Coast have been notified about the new policy, but smaller boat building yards and yards in other parts of the waterfront may not have gotten the word.
According to Mike Rudolph, the Commercial Fishing Safety Coordinator for District 13 (Oregon and Washington), the best advice is to “engage with shipyards before you build and follow the policy in CG-CVC-24-02.”
A major problem with not following the policy is the equivalent of reverse engineering your newly built vessel. It’s a problem neither the owner, nor the Coast Guard, wants to have.