Big Boats, Big Crews, the Biggest Seas and Little Licenses: Exposing the Regulatory Paradox Allowing the Existence of the Uninspected Fish Processing Vessel

Abstract

This article explores the regulatory paradox allowing large, crew-intensive vessels, operating in extreme maritime conditions, to be classified as uninspected vessels. Section I explores the legislative hsitory of the regulatory scheme and its possible relationship to the Magnuson Act. Section II examines the difference in the qualification requirements between crewmembers on inspected and uninspected vessels. Section III considers possible mitigation of safety discrepancies between inspected vessels and uninspected fish processing vessels because fish processing vessels require certification by the American Bureau of Shipping. Finally, Section IV examines the significance of the fishing industry's exemption from the requirements of Standards of Training, Certification and Watchkeeping for Seafarers.

Keywords: fishing industry, fish processing, magnuson act, fishery management, inspected vessel, uninspected vessel