[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of October 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR28.80]

[Page 335-336]
 
                           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. 28.80  Report of casualty.

    (a) Except for a casualty which is required to be reported to the 
Coast Guard on Form CG 2692 in accordance with part 4 of this chapter, 
the owner, agent, operator, master, or individual

[[Page 336]]

in charge of a vessel involved in a casualty must submit a report in 
accordance with paragraph (c) of this section, as soon as possible after 
the casualty, to the underwriter of primary insurance for the vessel or 
to an organization listed in paragraph (d) of this section whenever the 
casualty involves any of the following.
    (1) Loss of life.
    (2) An injury that requires professional medical treatment 
(treatment beyond first aid) and that renders the individual unfit to 
perform his or her routine duties.
    (3) Loss of a vessel.
    (4) Damage to or by a vessel, its cargo, apparel or gear, except for 
fishing gear while not on board a vessel, or that impairs the 
seaworthiness of the vessel, or that is initially estimated at $2,500.00 
or more.
    (b) Each underwriter of primary insurance for a commercial fishing 
industry vessel must submit a report of each casualty involving that 
vessel to an organization listed in paragraph (d) of this section within 
90 days of receiving notice of the casualty and whenever it pays a claim 
resulting from the casualty. Initial reports must be in accordance with 
paragraph (c) of this section. Subsequent reports must contain 
sufficient information to identify the casualty and any new or corrected 
casualty data.
    (c) Each report of casualty must include the following information:
    (1) The name and address of the vessel owner and vessel operator, if 
different than the vessel owner;
    (2) The name and address of the underwriter of primary insurance for 
the vessel;
    (3) The name, registry number, call sign, gross tonnage, year of 
build, length, and hull material of the vessel;
    (4) The date, location, primary cause, and nature of the casualty;
    (5) The specific fishery, intended catch, and length of fishery 
opening when applicable;
    (6) The date that the casualty was reported to the underwriter of 
primary insurance for the vessel, or to an organization acceptable to 
the Commandant;
    (7) The activity of the vessel at the time of the casualty;
    (8) The weather conditions at the time of the casualty, if the 
weather caused or contributed to the cause of the casualty;
    (9) The damages to or by the vessel, its apparel, gear, or cargo;
    (10) The monetary amounts paid for damages;
    (11) The name, birth date, social security number, address, job 
title, length of disability, activity at the time of injury, type of 
injury, and medical treatment required for each individual incapacitated 
for more than 72 hours, or deceased as a result of the casualty;
    (12) The name, registry number, and call sign of every other vessel 
involved in the casualty; and
    (13) The monetary amount paid for an injury or a death.
    (d) A casualty to a commercial fishing industry vessel must be 
reported to an organization that has knowledge and experience in the 
collection and processing of statistical insurance data and that has 
been accepted by the Commandant to receive and process casualty data 
under this part. The Commandant has accepted for this purpose:
    (1) Marine Index Bureau (a division of ISO Claim Search), Floor 22-
8, 545 Washington Boulevard, Jersey City, NJ, 07310-1686.
    (2) [Reserved]

    Note: The Coast Guard intends to treat information collected under 
this section from underwriters of primary insurance as exempt from 
disclosure under the Freedom of Information Act because it is commercial 
and financial information which, if disclosed, would be likely to cause 
substantial harm to the competitive position of the underwriter.

[CGD 88-079, 56 FR 40393, Aug. 14, 1991, as amended by CGD 96-046, 61 FR 
57273, Nov. 5, 1996; USCG-2008-0906, 73 FR 56509, Sept. 29, 2008]