Surveillance requirements

46 U.S.C. § 4901

• Title: 46 — Shipping
• Chapter: 49 — OCEANGOING NON-PASSENGER COMMERCIAL VESSELS

Text

(a) In General.—A vessel engaged in commercial service that does not carry passengers, shall maintain a video surveillance system.
(b) Applicability.—The requirements in this section shall apply to—
(1) documented vessels with overnight accommodations for at least 10 individuals on board that are—
(A) on a voyage of at least 600 miles and crosses seaward of the Boundary Line; or
(B) at least 24 meters (79 feet) in overall length and required to have a load line under chapter 51;
(2) documented vessels of at least 500 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104 on an international voyage; and
(3) vessels with overnight accommodations for at least 10 individuals on board that are operating for no less than 72 hours on waters superjacent to the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)).1
(c) Placement of Video and Audio Surveillance Equipment.—
(1) In general.—The owner of a vessel to which this section applies shall install video and audio surveillance equipment aboard the vessel not later than 2 years after enactment of the Don Young Coast Guard Authorization Act of 2022, or during the next scheduled drydock, whichever is later.
(2) Locations.—Video and audio surveillance equipment shall be placed in passageways on to which doors from staterooms open. Such equipment shall be placed in a manner ensuring the visibility of every door in each such passageway.
(d) Notice of Video and Audio Surveillance.—The owner of a vessel to which this section applies shall provide clear and conspicuous signs on board the vessel notifying the crew of the presence of video and audio surveillance equipment.
(e) Access to Video and Audio Records.—The owner of a vessel to which this section applies shall ensure that access to records of video and audio surveillance is not used as part of a labor action against a crew member or employment dispute unless used in a criminal or civil action.
(f) Retention Requirements.—The owner of a vessel to which this section applies shall retain all records of audio and video surveillance for not less than 1 year after the footage is obtained. Any video and audio surveillance found to be associated with an alleged incident should be preserved for not less than 5 years from the date of the alleged incident.
(g) Personnel Training.—A vessel owner or employer of a seafarer shall provide training for all individuals employed by the owner or employer for the purpose of responding to incidents of sexual assault or sexual harassment, including—
(1) such training to ensure the individuals—
(A) retain audio and visual records and other evidence objectively; and
(B) act impartially without influence from the company or others; and
(2) training on applicable Federal, State, Tribal, and local laws and regulations regarding sexual assault and sexual harassment investigations and reporting requirements.
(g) Definition of Owner.—In this section, the term "owner" means the owner, charterer, managing operator, master, or other individual in charge of a vessel.
(h) Exemption.—Fishing vessels, fish processing vessels, and fish tender vessels are exempt from this section.

History

(Added Pub. L. 117–263, div. K, title CXVI, §11607(a), Dec. 23, 2022, 136 Stat. 4150.)

Editorial Notes

Editorial Notes

References in Text
Enactment of the Don Young Coast Guard Authorization Act of 2022, referred to in subsec. (c)(1), means enactment of div. K of Pub. L. 117–263, which was approved Dec. 23, 2022.

Historical and Revision Notes
Part C contains provisions that apply to load lines. A load line is a mark drawn on a vessel that indicates whether a vessel is overloaded. Load line requirements for international voyages are based not only on domestic law but also the 1966 International Load Line Convention.

Historical and Revision Notes
Chapter 51 provides for the assignment of load lines and issuance of load line certificates to vessels, and requires that certain classes of vessels be marked with load lines.

Editorial Notes

Amendments
1990—Pub. L. 101–595, title VI, §603(5)(B), Nov. 16, 1990, 104 Stat. 2993, struck out item 5115 "Regulations".