[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of Octobery 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR28.65]

[Page 326-327]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 28_REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS
--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 28.65  Termination of unsafe operations.

    (a) A Coast Guard Boarding Officer may direct the master or 
individual in charge of a vessel, with the concurrence of the District 
Commander, or staff authorized by the District Commander, to immediately 
take reasonable steps necessary for the safety of individuals on board 
the vessel if the Boarding Officer observes the vessel being operated in 
an unsafe manner and determines that an especially hazardous condition 
exists. This may include directing the master or individual in charge of 
the vessel to return the vessel to a mooring and remain there until the 
situation creating the especially hazardous condition is corrected or 
other specific action is taken.
    (b) Hazardous conditions include, but are not limited to, operation 
with--
    (1) An insufficient number of lifesaving equipment on board, to 
include serviceable Personal Flotation Devices (PFDs), serviceable 
immersion suits, or adequate survival craft capacity.
    (2) An inoperable Emergency Position Indicating Radio Beacon (EPIRB) 
or radio communication equipment when required by regulation. There 
should be at least one operable means of communicating distress. When 
both are required, then at least one must be in operable condition to 
avoid termination of the voyage;
    (3) Inadequate firefighting equipment on board;
    (4) Excessive volatile fuel (gasoline or solvents) or volatile fuel 
vapors in bilges;
    (5) Instability resulting from overloading, improper loading or lack 
of freeboard;

[[Page 327]]

    (6) Inoperable bilge system;
    (7) Intoxication of the master or individual in charge of a 
commercial fishing vessel. An individual is intoxicated when he/she is 
operating a commercial fishing vessel and has an alcohol concentration 
of .04 percent, or the intoxicant's effect on the person's manner, 
disposition, speech, muscular movement, general appearance or behavior 
is apparent by observation;
    (8) A lack of adequate operable navigation lights during periods of 
reduced visibility;
    (9) Watertight closures missing or inoperable;
    (10) Flooding or uncontrolled leakage in any space; or
    (11) A missing or expired certificate of class, as required by 46 
U.S.C. 4503(1), for a fish processing vessel.
    (c) A Coast Guard Boarding Officer may direct the individual in 
charge of a fish processing vessel that is missing a Load Line 
Certificate, or that does not comply with the provisions of the Load 
Line Certificate issued by the American Bureau of Shipping or a 
similarly qualified organization, to return the vessel to a mooring and 
to remain there until the vessel obtains such a certificate.

[CGD 96-046, 61 FR 57273, Nov. 5, 1996, as amended at CGD 96-046, 62 FR 
46676, Sept. 4, 1997; USCG-2004-18884, 69 FR 58344, Sept. 30, 2004]