File No. 3767/5.

The Secretary of State to Ambassador Francis.

Sir: Referring to Austria-Hungary’s participation in the international marine conference held at Washington in 1889, to the regulations for preventing collisions at sea formulated by that conference, and to the act of Congress, approved August 19, 1890, adopting the regulations so formulated, I inclose herewith for the information of the Government of Austria-Hungary a copy of an act of Congress, approved January 19, 1907, which is to take effect on January 1, 1908, and which amends the act of August 19, 1890, in certain particulars.

I am, etc.,

E. Root.

(Same mutatis mutandis to: Belgium, Chile, China, Denmark, France, Germany, Great Britain, Italy, Japan, Mexico, the Netherlands, Norway, Russia, Siam, Spain, Sweden, Venezuela.)

[Inclosure.]

[Public—No. 20.]

AN ACT To amend the act approved August nineteenth, eighteen hundred and ninety, entitled “An act to adopt regulations for preventing collisions at sea.”

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That the act approved August nineteenth, eighteen hundred and ninety, entitled “An act to adopt regulations for preventing collisions at sea,” be, and hereby is, amended by inserting therein the following:

Article 9. Fishing vessels and fishing boats, when under way and when not required by this article to carry or show the lights hereinafter specified, shall carry or show the lights prescribed for vessels of their tonnage under way.

“(a) Open boats, by which is to be understood boats not protected from the entry of sea water by means of a continuous deck, when engaged in any fishing [Page 2] at night, with outlying tackle extending not more than one hundred and fifty feet horizontally from the boat into the seaway, shall carry one all-round white light.

“Open boats, when fishing at night, with outlying tackle extending more than one hundred and fifty feet horizontally from the boat into the seaway, shall carry one all-round white light, and in addition, on approaching or being approached by other vessels, shall show a second white light at least three feet below the first light and at a horizontal distance of at least five feet away from it in the direction in which the outlying tackle is attached.

“(b) Vessels and boats, except open boats as defined in subdivision (a), when fishing with drift nets, shall, so long as the nets are wholly or partly in the water, carry two white lights where they can best be seen. Such lights shall be placed so that the vertical distance between them shall be not less than six feet and not more than fifteen feet, and so that the horizontal distance between them, measured in a line with the keel, shall be not less than five feet and not more than ten feet. The lower of these two lights shall be in the direction of the nets, and both of them shall be of such a character as to show all around the horizon, and to be visible at a distance of not less than three miles.

“Within the Mediterranean Sea and in the seas bordering the coasts of Japan and Korea sailing fishing vessels of less than twenty tons gross tonnage shall not be obliged to carry the lower of these two lights. Should they, however, not carry it, they shall show in the same position (in the direction of the net or gear) a white “light, visible at a distance of not less than one sea mile, on the approach of or to other vessels.

“(c) Vessels and boats, except open boats as defined in subdivision (a), when line fishing with their lines out and attached to or hauling their lines, and when not at anchor or stationary within the meaning of subdivision (h), shall carry the same lights as vessels fishing with drift nets. When shooting lines, or fishing with towing lines, they shall carry the lights prescribed for a steam or sailing vessel under way, respectively.

“Within the Mediterranean Sea and in the seas bordering the coasts of Japan and Korea sailing fishing vessels of less than twenty tons gross tonnage shall not be obliged to carry the lower of these two lights. Should they, however, not carry it, they shall show in the same position (in the direction of the lines) a white light, visible at a distance of not less than one sea mile on the approach of or to other vessels.

“(d) Vessels when engaged in trawling, by which is meant the dragging of an apparatus along the bottom of the sea—

  • “First. If steam vessels, shall carry in the same position as the white light mentioned in article two (a) a tri-colored lantern so constructed and fixed as to show a white light from right ahead to two points on each bow, and a green light and a red light over an arc of the horizon from two points on each bow to two points abaft the beam on the starboard and port sides, respectively; and not less than six nor more than twelve feet below the tri-colored lantern a white light in a lantern, so constructed as to show a clear, uniform, and unbroken light all around the horizon.
  • “Second. If sailing vessels, shall carry a white light in a lantern, so constructed as to show a clear, uniform, and unbroken light all around the horizon, and shall also, on the approach of or to other vessels, show where it can best be seen a white flare-up light or torch in sufficient time to prevent collision.

“All lights mentioned in subdivision (d) first and second shall be visible at a distance of at least two miles.

“(e) Oyster dredgers and other vessels fishing with dredge nets shall carry and show the same lights as trawlers.

“(f) Fishing vessels and fishing boats may at any time use a flare-up light in addition to the lights which they are by this article required to carry and show, and they may also use working lights.

“(g) Every fishing vessel and every fishing boat under one hundred and fifty feet in length, when at anchor, shall exhibit a white light visible all around the horizon at a distance of at least one mile.

“Every fishing vessel of one hundred and fifty feet in length or upward, when at anchor, shall exhibit a white light visible all around the horizon at a distance of at least one mile, and shall exhibit a second light as provided for vessels of such length by article eleven.

“Should any such vessel, whether under one hundred and fifty feet in length or of one hundred and fifty feet in length or upward, be attached to a net or other fishing gear, she shall on the approach of other vessels show an additional [Page 3] white light at least three feet below the anchor light, and at a horizontal distance of at least five feet away from it in the direction of the net or gear.

“(h) If a vessel or boat when fishing becomes stationary in consequence of her gear getting fast to a rock or other obstruction, she shall in daytime haul down the day signal required by subdivision (k); at night show the light or lights prescribed for a vessel at anchor; and during fog, mist, falling snow, or heavy rain storms make the signal prescribed for a vessel at anchor. (See subdivision (d) and the last paragraph of article fifteen.)

“(i) In fog, mist, falling snow, or heavy rain storms drift-net vessels attached to their nets, and vessels when trawling, dredging, or fishing with any kind of drag net, and vessels line fishing with their lines out, shall, if of twenty tons gross tonnage or upward, respectively, at intervals of not more than one minute make a blast; if steam vessels, with the whistle or siren; and if sailing vessels, with the foghorn, each blast to be followed by ringing the bell. Fishing vessels and boats of less than twenty tons gross tonnage shall not be obliged to give the above-mentioned signals; but if they do not, they shall make some other efficient sound signal at intervals of not more than one minute.

“(k) All vessels or boats fishing with nets or lines or trawls, when under way, shall in daytime indicate their occupation to an approaching vessel by displaying a basket or other efficient signal where it can best be seen. If vessels or boats at anchor have their gear out, they shall, on the approach of other vessels, show the same signal on the side on which those vessels can pass.

“The vessels required by this article to carry or show the lights hereinbefore specified shall not be obliged to carry the lights prescribed by article four (a) and the last paragraph of article eleven.”

  • Sec. 2. That article ten of the act approved March third, eighteen hundred and eighty-five, entitled “An act to adopt the revised international regulations for preventing collisions at sea,” and the act approved August thirtieth, eighteen hundred and ninety-four, entitled “An act relating to lights on fishing vessels,” are hereby repealed.
  • Sec. 3. That this act shall take effect on the first day of January, nineteen hundred and eight.