Termination of a commercial fishing industry vessel

• When a Board Officer requests concurrence for termination of a commercial fishing vessels voyage, the District or Group Watch Officer must – Confirm that an especially hazardous condition exists and

– Approve or deny the request for termination.

• To begin go to the list of especially hazardous conditions.

Termination of a commercial fishing industry vessel

This job aid is designed to help District or Group Watchstanders provide termination guidance to LE Boarding Officers.

View: Termination Authority – 46 CFR 28.65

District Termination Policy Message

Hit the escape key to close this EPSS

Excerpt from District SOP

Escape

Survival Craft

PFDs / Immersion / Exposure Suits

EPIRB

Overloading / Improper Loading / Lack of Freeboard

Inoperable bilge system

Intoxication

Flooding / Uncontrollable Leakage

Certificate of Class – Fish Processing Vessels

Loadline Certificate – Fish Processing or Fish Tender Vessels

Firefighting Equipment

Volatile fuel or vapors

Navigation lights

Watertight closures

Life raft hydrostatic release

High water alarms

Emergency drills

A commercial fishing vessel may have it’s voyage terminated for any of thefollowing 16 especially hazardous condition. Select the link below for guidance.

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Termination for Survival Craft First determine what survival craft if required…

DocumentedIs

vessel? State Registered

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Reference 46 CFR 28.120


Survival Craft

Documented

Isvessel?

36’ or more in length

Less than 36’ in length

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Survival Craft

Documented

Are there?


3 or less POB

4 or more POB

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Survival Craft

Isvessel?

State Registered



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Survival Craft

State Registered


Are there?3 or less POB

4 or more POB

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12 nm20 nm50 nm

Document - Fishing Vessel > 36’ or more pob

View Survival Craft hierarchy

• This vessel is required the below survival craft depending on the distance off shore.

• In lieu of a termination a vessel can be restricted closer to shore if it has the required survival craft for that area.

Click on the appropriate icon

to see termination guidance

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12 nm20 nm50 nm

Document - Fishing Vessel > 36’ or more pob

Hide



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12 nm20 nm50 nm

Document - Fishing Vessel > 36’ or less pob






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12 nm20 nm50 nm

Document - Fishing Vessel > 36’ or less pob

Hide



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12 nm20 nm50 nm

Document - Fishing Vessel < 36’ or more pob






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12 nm20 nm50 nm

Document - Fishing Vessel < 36’ or more pob

Hide



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12 nm20 nm50 nm

Document - Fishing Vessel < 36’ or less pob



• In lieu of a termination without the required survival craft this vessel could be restricted to operating inside 12 miles from shore!



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12 nm



This vessel is not required to have any survival craft in this location.

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12 nm20 nm50 nm


Hide



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12 nm

State Registered - Fishing Vessel > 36’






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12 nm

State Registered - Fishing Vessel > 36’

Hide



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12 nm

State Registered - Fishing Vessel < 36’ or more pob






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12 nm

State Registered - Fishing Vessel < 36’ or more pob

Hide



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12 nm

State Registered - Fishing Vessel < 36’ or less pob






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12 nm


This vessel is not required to have any survival craft in this location.

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12 nm


Hide



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Termination for Survival Craft

Terminate if not a SOLAS A life raft.

This survival craft must be stowed so as to float free and automatically inflate either by:

Terminate if insufficient capacity for everyone on board.

• Using a hydrostatic release unit (HRU).

Terminate if life raft is 5 months past expiration date.

• Using an alternate float free arrangement.

Can terminate if HRU 5 months past expiration.

Terminate if weak link is not installed or unsat.

Can substitute with a life boat.

SOLAS A

Remember: to avoid termination a vessel can be restricted closer to shore.

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Reference 46 CFR 28.120 46 CFR 28.65MSG DTR R 102252ZAPR01



Terminate if not a SOLAS B life raft.

This survival craft must be stowed so as to float free and automatically inflate either by:




• Using an alternate float free arrangement.



Can substitute with a life boat or SOLAS A life raft.

SOLAS A

SOLAS B


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Terminate if not a life raft with coastal pack.

Can substitute with a life boat, SOLAS A or SOLAS B life raft.

SOLAS A SOLAS B

COASTAL

This survival craft must be:

• kept readily accessible or

• stowed so as to float free•If hydrostatic release unit is used and it is more the 5 months past expiration, the HRU can be removed to avoid termination.




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Terminate if not an inflatable buoyant apparatus (IBA).


• kept readily accessible or• stowed so as to float free

•If hydrostatic release unit is used and it is more the 5 months past expiration, the HRU can be removed to avoid termination.


Terminate if IBA is 5 months past expiration date.

Can substitute with a life boat, life raft with SOLAS A, SOLAS B or

SOLAS A SOLAS B

COASTAL

IBA

coastal pack.


An auxiliary craft carried on board that is integral and necessary for normal fishing operations can substitute for the required survival craft.

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Terminate if not a buoyant apparatus (BA).

SOLAS A SOLAS B

COASTAL IBA

Can substitute with a life boat, life raft with SOLAS A, SOLAS B ,

coastal pack, inflatable buoyant apparatus or life float.

BA

LF



• kept readily accessible or• stowed so as to float free

•If hydrostatic release unit is used and it is more the 5 months past expiration, the HRU can be removed to avoid termination.


Terminate if IBA is in unserviceable condition.

An auxiliary craft carried on board that is integral and necessary for normal fishing operations can substitute for the required survival craft.

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SOLAS A

SOLAS B

IBA

COASTAL

BA

LF

Life Boat

Inflatable Life Raft w/ SOLAS A Pack

Inflatable Life Raft w/ SOLAS B Pack

Inflatable Life Raft w/ Coastal Pack

Inflatable Buoyant Apparatus

Life Float

Buoyant Apparatus

The hierarchy of survival craft in descending order is:

A survival craft higher in the hierarch may be substituted for any below it.

Return

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Termination for Personal Floatation Device (PFD) First determine what type PFD is required…

Isvessel?

On Waters insideCoastal WatersOn Coastal Waters or beyond

Coastal Waters (33 CFR 175.105)

– The territorial seas of the U.S. (3 miles) and those waters directly connected (i.e. bays, sounds, harbors, rivers, inlet, etc.) where any entrance exceeds 2nm to the first point where the largest distance between shorelines narrows to 2nm.

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Termination for PFD

Terminate if there is an insufficient number of serviceable suits for everyone on board.

This vessel is required to have an Immersion or Exposure Suit

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Isvessel?

Waters insideCoastal Waters



Termination for PFDPrevious Slide



Termination for PFD

Terminate if there is an insufficient number serviceable PFDs for everyone on board.

This vessel is required to have a Type I PFD

Can substitute with an exposure or immersion suit for each.

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Reference 46 CFR 28.110 46 CFR 28.65


Termination for PFD

This vessel is required to have a Type II PFD

Can substitute with an exposure or immersion suit or Type I PFD for each.

Terminate if there is an insufficient number serviceable PFDs for everyone on board.

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Emergency Position Indicating Radio Beacon (EPIRB) First determine if and what type EPIRB is required…

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3nm or morefrom shore

Is vsloperating?

Less than 3nmfrom shore



Emergency Position Indicating Radio Beacon (EPIRB)Previous Slide

Vsl isoperating

Less than 3nmfrom shore

This vessel is not required to have an EPIRB





Vsl is operating

Less than 36 feetin length

Is vessel?

36 feet or morein length





Vsl is operating


Is vessel?

This vessel is required to

have a Category II EPIRB

Terminate if the vessel does not have at least Category II EPRIB (see note). A Category I EPIRB may be substituted.

Category II – A manually activated EPIRB

Category I – A float free automatically activated 406 MHz EPIRB

Note: Termination can be avoided if the vessel has an operational marine radio.





Vsl is operating

Is vessel?

36 feet or morein length

This vessel is required to

have a Category I EPIRB

Terminate if the vessel does not have a Category I EPRIB (see note).

Category II – A manually activated EPIRB

Category I – A float free automatically activated 406 MHz EPIRB

Note: Termination can be avoided if the vessel has an operational marine radio.



Bilge System

DocumentedIs


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Bilge System

Vessel is State Registered

This vessel is not required to have a bilge system

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Bilge System

Documented

Does vslOperate? Inside theBoundary Line

Vessel is

Beyond theBoundary Line

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View boundary linedefinition


(touch on hyperlink to view description)• Puget Sound• Grays Harbor, WA• Columbia River entrance• Coos Bay, OR

The boundary line is generally defined as following the highest water mark on the shoreline and directly crosses most entrances to small bays, rivers and inlets.

There are a 4 locations where the boundary line deviates from this general definition

Return

Reference 46 CFR 7


Bilge System

Documented

Vsl operates

Vessel is

Beyond theBoundary Line

This vessel is required to have a bilge system.

Terminate if the vessels bilge system isinoperable or is not installed .

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Bilge System

Documented

Vsl operates Inside theBoundary Line

Vessel is

This vessel is not required to have a bilge system

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Intoxication

• Intoxication of the master or person in charge, i.e., person is operating the vessel– and has an alcohol concentration of 0.04 percent, – or the intoxicant’s effect on the person’s manner, disposition, speech,

muscular movement, general appearance or behavior is apparent by observation.

Terminate if the Master or operator of the vessel is intoxicated.

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Certificate of Class (COC)

Terminate if the vessel is a fish processing vessel and is required to be classed.

Reference 46 USC 4503(b)) 46 CFR 28.65

Is Vessel aFish Processing Vessel (FPV)?

Yes

No

Vessel is not required a COC

Was vslbuilt as FPV after

7/27/1990?

Was vslconverted to FPV

after7/27/1990

Has vslundergone a Major

Conversion after7/27/1990

Yes

Vessel is required a COC

Yes

Yes No

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Fish processing vessel means a vessel that commercially prepares fish or fish products other than by gutting, decapitating, gilling, skinning, shucking, icing, freezing, or brine chilling.

Reference 46 USC 2101(11b) General Definitions

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“Major Conversion” means a conversion of a vessel that:

(A) Substantially changes the dimensions or carrying capacity of the vessel; (B) Changes the type of the vessel; (C) Substantially prolongs the life of the vessel; or (D) Otherwise so changes the vessel that it is essentially a new vessel.

Reference 46 USC 2101(14a)

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Load Line79’ of less Greater than 79’Is Vessel?

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Reference 46 USC 5102


Load Line79’ of less

This vessel is not required to have a Load Line Certificate.

Is Vessel?

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Load Line

Fish ProcessingVessel?

Is vessel a Fish TenderVessel?

Fishing Vessel?

Greater than 79’

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Load Line

Fishing Vessel?

Greater than 79’


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Load LineGreater than 79’

Is vesselGreater than

5000 GT?5000 GT or less?


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This vessel is required to have a Load Line Certificate.

Terminate if the Load Line Certificate is not on board orexpired

Greater than5000 GT?

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5000 GT or less?

Was vslconstructed

as a

Processor onor after

16Aug74?

Processorbefore

16Aug74?

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5000 GT or less?

Processorbefore

16Aug74?

Doesvsl operate

Not on aforeign

voyage?

On a Foreignvoyage?

Vslconstructed

as a

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5000 GT or less?

Processorbefore

16Aug74?

Vsl operatesOn a

Foreignvoyage?

Vslconstructed

as a This vessel is required to have a Load Line Certificate.

Terminate if the Load Line Certificate is not on board or expired

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5000 GT or less?

Processorbefore

16Aug74?

Vessel doesNot on aforeign

voyage?

Vslconstructed

as a


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5000 GT or less?

Vesselwas constructed

as a


16Aug74?

Was vslconverted for

use as a


1Jan83?

Processorbefore

1Jan83?

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5000 GT or less?


as a


16Aug74?

Vsl wasconverted for

use as a

Processorbefore

1Jan83?

Doesvsl operate

Not on aforeign

voyage?

On a Foreignvoyage?

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5000 GT or less?


as a


16Aug74?


use as a

Processorbefore

1Jan83?

Vessel operates

On a Foreignvoyage?



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5000 GT or less?


as a


16Aug74?


use as a

Processorbefore

1Jan83?

Not on aforeign

voyage?

Vessel operates


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5000 GT or less?


as a


16Aug74?


1Jan83?


use as a

Vsl is < 150GT and keel laid or was

constructed as a processor before 1Jan 86?

Yes No

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5000 GT or less?


as a


16Aug74?


1Jan83?


use as a



Yes

Doesvsl operate

Not on aforeign

voyage?

On a Foreignvoyage?

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5000 GT or less?


as a


16Aug74?


1Jan83?


use as a



Yes

Vesseloperates

On a Foreignvoyage?



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5000 GT or less?


as a


16Aug74?


1Jan83?


use as a



Yes

Not on aforeign

voyage?

Vesseloperates

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5000 GT or less?


as a


16Aug74?


1Jan83?


use as a



No



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Load Line

Fish TenderVessel

Greater than 79’

Is the vsla part-time

Tender?YesNo

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Load Line

Fish TenderVessel

Greater than 79’

The vslis a part-time

tenderYes


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Load Line

Fish TenderVessel

Greater than 79’


Tender?No

Is vesselGreater than

500 GT?500 GT or less?

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Load Line

Fish TenderVessel

Greater than 79’


Tender?No

Vessel isGreater than

500 GT?



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Load Line

Fish TenderVessel

Greater than 79’


Tender?No

Vessel is500 GT or less

Was vslunder contract to be constructed, or

constructed

As a tender onor after

1 Jan 80?

As a tenderbefore

1 Jan 80?

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Load Line

Fish TenderVessel

Greater than 79’


Tender?No


Vsl wasunder contract to be constructed, or

constructed

As a tenderbefore

1 Jan 80?

Doesvsl operate

Not on aforeign

voyage?

On a Foreignvoyage?

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Load Line

Fish TenderVessel

Greater than 79’


Tender?No



constructed

As a tenderbefore

1 Jan 80?

Vessel operatesOn a

Foreignvoyage?



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Load Line

Fish TenderVessel

Greater than 79’


Tender?No



constructed

As a tenderbefore

1 Jan 80?

Not on aforeign

voyage?Vessel operates This vessel is not required to

have a Load Line Certificate.

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Load Line

Fish TenderVessel

Greater than 79’


Tender?No



constructed

Was vslconverted for

use


1 Jan 83?

As a tenderbefore

1 Jan 83?


1 Jan 80?

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Load Line

Fish TenderVessel

Greater than 79’


Tender?No



constructed


use


1 Jan 80?

Doesvsl operate

Not on aforeign

voyage?

On a Foreignvoyage?

As a tenderbefore

1 Jan 83?

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Load Line

Fish TenderVessel

Greater than 79’


Tender?No



constructed


use


1 Jan 80?

Vsl operates

On a Foreignvoyage?

As a tenderbefore

1 Jan 83?



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Load Line

Fish TenderVessel

Greater than 79’


Tender?No



constructed


use


1 Jan 80?

Doesvsl operate

Not on aforeign

voyage?

As a tenderbefore

1 Jan 83?This vessel is not required to have a Load Line Certificate.

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Load Line

Fish TenderVessel

Greater than 79’


Tender?No



constructed


use


1 Jan 80?



Yes No


1 Jan 83?

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Load Line

Fish TenderVessel

Greater than 79’


Tender?No



constructed


use


1 Jan 80?



Yes


1 Jan 83?

Doesvsl operate

Not on aforeign

voyage?

On a Foreignvoyage?

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Load Line

Fish TenderVessel

Greater than 79’


Tender?No



constructed


use


1 Jan 80?



Yes


1 Jan 83?

Vsl operates

On a Foreignvoyage?



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Load Line

Fish TenderVessel

Greater than 79’


Tender?No



constructed


use


1 Jan 80?



Yes


1 Jan 83?

Vsl operates

Not on aforeign

voyage?


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Load Line

Fish TenderVessel

Greater than 79’


Tender?No



constructed


use


1 Jan 80?



No


1 Jan 83?



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46 USC 2101 General Definitions

(11) “fish” means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, except marine mammals and birds.

(11a) “fishing vessel” means a vessel that commercially engages in the catching, taking, or harvesting of fish or an activity that can reasonably be expected to result in the catching, taking, or harvesting of fish.

(11b) “fish processing vessel” means a vessel that commercially prepares fish or fish products other than by gutting, decapitating, gilling, skinning, shucking, icing, freezing, or brine chilling.

(11c) “fish tender vessel” means a vessel that commercially supplies, stores, refrigerates, or transports fish, fish products, or materials directly related to fishing or the preparation of fish to or from a fishing, fish processing, or fish tender vessel or a fish processing facility.

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Termination for Fire Fighting Equipment

Isvessel

not propelledby a motor?

motor propelled?

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This vessel is not required any firefighting equipment

Vessel is

not propelledby a motor?

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Termination for Fire Fighting EquipmentReference 46 CFR 28.160


Yes

NoDoes the vsl have a fixed fire extinguishing

system in the machinery space?

Isvessel

motor propelled?

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NOTE: There are 2 types of fire extinguishing systems. • Fixed system• Pre-engineered system

To answer “yes” the system must be a “FIXED FIRE EXTINGUISHING SYSTEM”

Fixed System Pre-engineered System

A custom designed system includes

• Large CO2 or halon cylinders • Attached to a manifold system• Includes pull boxes• System distribution lines• Time delay• CO2 powered alarm

These come in various sizes already complete from the manufacturer.

• A single CO2 cylinder• For small machinery spaces• Head on cylinder has thermocouple for auto release.

•May also have a cable that runs to the operating station for manual release.

If the Boarding Officer claims there is a fixed system on board, CONFIRM thatit is truly a FIXED SYSTEM.

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No

40 ft. to less than 65 ft.

Isvessel?

65 feet or greater


Less than 26 ft.

Vessel has a fixed fire extinguishingsystem in the machinery

space?

Vessel is motor propelled

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No


Isvessel?


space?


This vessel is required

3 B-I fire extinguishers

Terminate if the vessel has an insufficient number and size on board.

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Termination for Fire Fighting EquipmentReference 46 CFR 28.160 46 CFR 25.30 46 CFR 28.65


No

Isvessel?



space?





Previous Slide

Reference 46 CFR 28.160 46 CFR 25.30 46 CFR 28.65


No

Isvessel?

Less than 26 ft.


space?



1 B-I fire extinguisher


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Isvessel?

65 feet or greater


Less than 26 ft.


space?


Yes

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Isvessel?

Yes


space?





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Isvessel?


Yes


space?



1 B-I fire extinguisher


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Isvessel?

Less than 26 ft.

Yes


space?


This vessel is not required any firefighting equipment

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Termination for Fire Fighting Equipment

SpaceSpace ClassClass Quantity/LocationQuantity/Location

Pilothouse C-I 2 in vicinity of exit.

Safety areas, communicating corridors A-II1 in each main corridor not more than 150 ft apart. (May be located in stairways)

Accessible baggage & storerooms A-II1 for each 2500 sq ft or fraction thereof located in the vicinity of exits, either inside or outside the spaces.

Service spaces, galleysB-II or

C-II1 for each 2500 sq ft or fraction thereof suitable for hazards involved.

Machinery spaces, internal combustion propelling machinery

B-II1 for each 1000 brake horsepower or fraction thereof but not less than 2 nor more than 6.

Internal combustion machinery B-II 1 outside the space in the vicinity of exit.

Electric emergency motors or generators C-II 1 outside the space in the vicinity of exit.

Electric propulsion motors or generator unit of open type

C-II 1 for each propulsion motor or generator unit.

Paint lockers B-II 1 outside space in vicinity of exit.

Work shops & similar spaces A-II 1 outside the space in vicinity of exit.

Auxiliary spaces B-II 1 outside the space in the vicinity of exit.

Terminate if the vessel has an insufficient quantity and class of required fire extinguishers on board.

Vessel 65’ and greater must have each of the quantity and class for the space listed in the below table.

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Termination for High Water Alarm

DocumentedIs


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Does vesselhave?

State Registered

16 or more people on board

15 or less people on board

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Vessel has

State Registered


This vessel is not required to have high water alarms.

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Vessel has

State Registered


Is vessel ?36 feet or morein length Less than 36 feetin length

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Vessel has

State Registered


Vessel is Less than 36 feetin length


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Vessel has

State Registered


Is vessel ?36 feet or morein length

This vessel is required to have high water alarms.

Terminate if the vessel does note have the alarms installed or if they are inoperable .

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Documented

Does vesselhave?



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Documented

Vessel has 16 or more people on board


Terminate if the vessel does note have the alarms installed or if they are inoperable .

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Documented

Vessel has


Is vessel ? 36 feet or morein length


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Documented

Vessel has


Vessel is



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Documented

Vessel has


Vessel is36 feet or more

in length

Is vesseloperating ?Inside the boundary line Beyond the boundary line


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Documented

Does vesselhave?


Is vessel ?36 feet or more

in length

Vessel isoperating

Inside the boundary line


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Documented

Vessel has


Vessel is36 feet or more

in length

Vessel is operating

Beyond the boundary line


Terminate if the vessel doesnote have the alarms installed or if they are inoperable .

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Return

Reference 46 CFR 7


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Reference 46 CFR 7


Termination for failure to conduct emergency drills

DocumentedIs


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Vessel is State Registered

This vessel is not required to conduct emergency drills

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Documented Vessel is

Is vesseloperating ?




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Vessel isoperating


This vessel is not required to conduct emergency drills

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Vessel isoperating


This vessel is required to conduct emergency drills monthly.

Terminate this vessels voyage • if the Boarding Officer can confirm that the crew has not been conducting drills at least monthly,• or if the drills were not conducted in the presence of a qualified drill conductor.

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Reference 46 CFR 28.270 46 CFR 28.65MSG DTR R 102252ZAPR01Termination for failure to conduct emergency drills





Return

Reference 46 CFR 7


Termination for flooding or uncontrolled leakage

Terminate if based on your understanding of the situation this flooding or leakage creates an especially hazardous condition.

Any vessel may be terminated for flooding or uncontrolled leakage in any space.

Is this just a drip or a stream?Can bilge pumps (if installed) keep up?

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Termination for Instability

Terminate if based on your understanding of the situation this vessel is unstable. This will be a judgement call based on your discussion with the Boarding Officer on scene.

Any vessel may be terminated if the vessel has lack of stability because of • Overloading• Improper loading or • Insufficient freeboard.

Is the vessel tender?• Does the vessel tend not to return when heeled?

Is water washing onto the deck?• Is there less than 6” of freeboard?

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Termination for excessive volatile fuel or vapors.

Terminate if based on your understanding of the situation there is sufficient evidence that the volatile fuel or vapors is creating an especially hazardous condition.

Any vessel may be terminated for having excessive• Volatile fuel in the bilge

•Gasoline or, •Solvents

• Or volatile vapors in the bilge.

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Termination for inoperable or missing watertight closures

Terminate if based on your understanding of the situation that missing or inoperable watertight closures could allow flooding or leakage that could creates an especially hazardous condition.

Any vessel may be terminated for having inoperableor missing watertight closures.

Closures of concern are those that are on fitted in the watertight envelope of the vessel that would allow flooding to the interior of the vessel.

This would not include open boats.

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Termination for unserviceable hydrostatic release

Only vessels that are required to have a SOLAS A or SOLAS B life raft are required to automatically float free.

This is accomplished by:


• Using an alternate float free arrangement (AFFA).



Go to the “survival craft” section to determine what type of survival craft is required for this vessel. You will see thisHRU info if the vessel is required to utilize an HRU or AFFA

Previous Slide

Reference 46 CFR 28.125(a)MSG DTR R 102252ZAPR01


Termination for lack of adequate nav lights

Terminate if based on your understanding of the situation any of the navigation lights are not adequate and the vessel is operating during a time of reduced visibility.

Any vessel may be terminated for navigation lights that are not operational or are not adequate duringa time of reduced visibility.

Lights must be displayed during times of reducedvisibility while underway or at anchor.

• From sunset to sunrise• Heavy rain• Dark days• Fog

Sidelights, stern lights and masthead lights shouldbe visible for 2 – 3 miles as a general rule.

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Reference Nav Rules 46 CFR 28.65


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Termination of a commercial fishing industry vessel

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