Statutory Regulation

-CITE-
46 USC CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-MISC1-
Sec.
7301. General.
7302. Issuing merchant mariners' documents and continuous
discharge books.
7303. Possession and description of merchant mariners'
documents.
7304. Citizenship notation on merchant mariners' documents.
7305. Oaths for holders of merchant mariners' documents.
7306. General requirements and classifications for able
seamen.
7307. Able seamen - unlimited.
7308. Able seamen - limited.
7309. Able seamen - special.
7310. Able seamen - offshore supply vessels.
7311. Able seamen - sail.
7311a. Able seamen - fishing industry.
7312. Scale of employment.
7313. General requirements for members of engine
departments.
7314. Service requirements for qualified members of engine
departments.
7315. Training.
7316. Lifeboatmen.
7317. Tankermen.
7318. Radiotelegraph operators on Great Lakes.
7319. Records of merchant mariners' documents.

HISTORICAL AND REVISION NOTES
Chapter 73 establishes the general requirements for the issuance
of a merchant mariners' document to those individuals who are
required to have a document prior to engagement or employment on
certain vessels of the United States.

AMENDMENTS
1984 - Pub. L. 98-364, title IV, Sec. 402(9)(A), July 17, 1984,
98 Stat. 448, added item 7311a.

-End-

-CITE-
46 USC Sec. 7301 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7301. General

-STATUTE-
(a) In this chapter -
(1) "service on deck" means service in the deck department in
work related to the work usually performed on board vessels by
able seamen and may include service on fishing, fish processing,
fish tender vessels and on public vessels of the United States;
(2) 360 days is equal to one year's service; and
(3) a day is equal to 8 hours of labor or duty.

(b) The Secretary may prescribe regulations to carry out this
chapter.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541; Pub. L. 98-364, title
IV, Sec. 402(9)(B), July 17, 1984, 98 Stat. 448.)

-MISC1-

HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7301 46:672(c)
--------------------------------------------------------------------

Section 7301 defines "service on deck", "one year's service" and
"day" with respect to the qualifying time for the issuance of
various types of endorsements as able seamen. This section also
provides the Secretary with the authority to prescribe regulations
to carry out this chapter.

AMENDMENTS
1984 - Subsec. (a)(1). Pub. L. 98-364 substituted "fishing, fish
processing, fish tender vessels" for "decked fishing vessels".

-End-

-CITE-
46 USC Sec. 7302 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7302. Issuing merchant mariners' documents and continuous
discharge books

-STATUTE-
(a) The Secretary shall issue a merchant mariner's document to an
individual required to have that document under part F of this
subtitle if the individual satisfies the requirements of this part.
The document serves as a certificate of identification and as a
certificate of service, specifying each rating in which the holder
is qualified to serve on board vessels on which that document is
required under part F.
(b) The Secretary also may issue a continuous discharge book to
an individual issued a merchant mariner's document if the
individual requests.
(c) The Secretary may not issue a merchant mariner's document
under this chapter unless the individual applying for the document
makes available to the Secretary, under section 30305(b)(5) of
title 49, any information contained in the National Driver Register
related to an offense described in section 30304(a)(3)(A) or (B) of
title 49 committed by the individual.
(d) The Secretary may review the criminal record of an individual
who applies for a merchant mariner's document under this section.
(e) The Secretary shall require the testing of an individual
applying for issuance or renewal of a merchant mariner's document
under this chapter for the use of a dangerous drug in violation of
law or Federal regulation.
(f) Periods of Validity and Renewal of Merchant Mariners'
Documents. -
(1) In general. - Except as provided in subsection (g), a
merchant mariner's document issued under this chapter is valid
for a 5-year period and may be renewed for additional 5-year
periods.
(2) Advance renewals. - A renewed merchant mariner's document
may be issued under this chapter up to 8 months in advance but is
not effective until the date that the previously issued merchant
mariner's document expires or until the completion of any active
suspension or revocation of that previously issued merchant
mariner's document, whichever is later.

(g)(1) The Secretary may, pending receipt and review of
information required under subsections (c) and (d), immediately
issue an interim merchant mariner's document valid for a period not
to exceed 120 days, to -
(A) an individual to be employed as gaming personnel,
entertainment personnel, wait staff, or other service personnel
on board a passenger vessel not engaged in foreign service, with
no duties, including emergency duties, related to the navigation
of the vessel or the safety of the vessel, its crew, cargo or
passengers; or
(B) an individual seeking renewal of, or qualifying for a
supplemental endorsement to, a valid merchant mariner's document
issued under this section.

(2) No more than one interim document may be issued to an
individual under paragraph (1)(A) of this subsection.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 101-380, title
IV, Secs. 4101(b), 4102(c), Aug. 18, 1990, 104 Stat. 509; Pub. L.
107-295, title III, Sec. 324(a), Nov. 25, 2002, 116 Stat. 2104;
Pub. L. 108-293, title VI, Sec. 609(1), Aug. 9, 2004, 118 Stat.
1058; Pub. L. 109-241, title IX, Sec. 901(h)(1), (2), July 11,
2006, 120 Stat. 564; Pub. L. 111-281, title VI, Sec. 614(a), Oct.
15, 2010, 124 Stat. 2970.)

-MISC1-

HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7302 46:239a(c)
46:643(a)
46:643(c)
46:672(i)
--------------------------------------------------------------------

Section 7302(a) requires the Secretary to issue a merchant
mariner's document to qualified individuals required to have that
document as a prerequisite to employment on certain vessels of the
United States. The purpose of the document is to serve as positive
identification and to specify each rating in which the individual
is qualified to serve on vessels.
Subsection (b) allows the Secretary to issue a continuous
discharge book to an individual who requests a book.

AMENDMENTS
2010 - Subsec. (f). Pub. L. 111-281 amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: "Except
as provided in subsection (g), a merchant mariner's document issued
under this chapter is valid for 5 years and may be renewed for
additional 5-year periods."
2006 - Subsec. (c). Pub. L. 109-241, Sec. 901(h)(1), amended
directory language of Pub. L. 108-293, Sec. 609(1). See 2004
Amendment note below.
Pub. L. 109-241, Sec. 901(h)(2), inserted "section" before
"30305(b)(5)" and before "30304(a)(3)(A)".
2004 - Subsec. (c). Pub. L. 108-293, Sec. 609(1), as amended by
Pub. L. 109-241, Sec. 901(h)(1), substituted "30305(b)(5) of title
49" for "section 206(b)(7) of the National Driver Register Act of
1982 (23 U.S.C. 401 note)" and "30304(a)(3)(A) or (B) of title 49"
for "section 205(a)(3)(A) or (B) of that Act".
2002 - Subsec. (f). Pub. L. 107-295, Sec. 324(a)(1), substituted
"Except as provided in subsection (g), a" for "A".
Subsec. (g). Pub. L. 107-295, Sec. 324(a)(2), added subsec. (g).
1990 - Subsecs. (c) to (e). Pub. L. 101-380, Sec. 4101(b), added
subsecs. (c) to (e).
Subsec. (f). Pub. L. 101-380, Sec. 4102(c), added subsec. (f).

EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109-241, title IX, Sec. 901(h)(1), July 11, 2006, 120
Stat. 564, provided that the amendment made by section 901(h)(1) is
effective Aug. 9, 2004.

EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-380 applicable to incidents occurring
after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
as an Effective Date note under section 2701 of Title 33,
Navigation and Navigable Waters.

MERCHANT MARINERS' DOCUMENTS PILOT PROGRAM
Pub. L. 108-293, title VI, Sec. 611, Aug. 9, 2004, 118 Stat.
1058, provided that: "The Secretary of the department in which the
Coast Guard is operating may conduct a pilot program to demonstrate
methods to improve processes and procedures for issuing merchant
mariners' documents."

TERMINATION OF EXISTING LICENSES, CERTIFICATES, AND DOCUMENTS;
APPLICABILITY OF 1990 AMENDMENT
For provisions that a merchant mariner's document issued before
Aug. 18, 1990, terminates on the day it would have expired if the
amendment to this section by section 4102(c) of Pub. L. 101-380
were in effect on date it was issued and was renewed at the end of
each 5-year period under this section, see section 4102(d) of Pub.
L. 101-380, set out as a note under section 7106 of this title.

-End-

-CITE-
46 USC Sec. 7303 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7303. Possession and description of merchant mariners'
documents

-STATUTE-
A merchant mariner's document shall be retained by the seaman to
whom issued. The document shall contain the signature, notations of
nationality, age, and physical description, the photograph, and the
home address of the seaman. In addition, the document shall specify
the rate or ratings in which the seaman is qualified to serve.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 107-295, title
IV, Sec. 421, Nov. 25, 2002, 116 Stat. 2125.)

-MISC1-

HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7303 46:643(a)
--------------------------------------------------------------------

Section 7303 requires seamen to retain their merchant mariner's
documents. It also specifies the information that is to be
contained in the document.

AMENDMENTS
2002 - Pub. L. 107-295 struck out "the thumbprint," after
"photograph,".

-End-

-CITE-
46 USC Sec. 7304 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7304. Citizenship notation on merchant mariners' documents

-STATUTE-
An individual applying for a merchant mariner's document shall
provide satisfactory proof that the individual is a citizen of the
United States before that notation is made on the document.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542.)

-MISC1-

HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7304 46:643(b)
--------------------------------------------------------------------

Section 7304 specifies, that before a merchant mariner's document
is noted to specify that the individual is a U.S. citizen, the
individual must provide satisfactory proof that he is a citizen.
This does not impose a requirement of United States citizenship as
a condition for issuance of a document.

-End-

-CITE-
46 USC Sec. 7305 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7305. Oaths for holders of merchant mariners' documents

-STATUTE-
An applicant for a merchant mariner's document shall take, before
issuance of the document, an oath that the applicant will perform
faithfully and honestly all the duties required by law, and will
carry out the lawful orders of superior officers.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542.)

-MISC1-

HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7305 ................
..............................
--------------------------------------------------------------------

The requirement for an oath, drawn from a clause which had
appeared in 46 U.S.C. 672(g), and administered by the Coast Guard
to all applicants, was repealed in a 1980 amendment by section 4 of
Public Law 96-378 (94 Stat. 1516). Since no specific comment was
made regarding the elimination in 1980 and the agency has continued
to administer an oath to all applicants, this provision is being
reinstated. The Committee believes the oath will contribute to the
discipline and order necessary in the merchant marine.

-End-

-CITE-
46 USC Sec. 7306 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7306. General requirements and classifications for able seamen

-STATUTE-
(a) To qualify for an endorsement as able seaman authorized by
this section, an applicant must provide satisfactory proof that the
applicant -
(1) is at least 18 years of age;
(2) has the service required by the applicable section of this
part;
(3) is qualified professionally as demonstrated by an
applicable examination or educational requirements; and
(4) is qualified as to sight, hearing, and physical condition
to perform the seaman's duties.

(b) The classifications authorized for endorsement as able seaman
are the following:
(1) able seaman - unlimited.
(2) able seaman - limited.
(3) able seaman - special.
(4) able seaman - offshore supply vessels.
(5) able seaman - sail.
(6) able seaman - fishing industry.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 98-364, title
IV, Sec. 402(9)(C), July 17, 1984, 98 Stat. 448.)

-MISC1-

HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7306 46:672(b)
--------------------------------------------------------------------

Section 7306(a) establishes the minimum requirements an
individual must meet before being issued a merchant mariner's
document endorsed for able seamen.
Subsection (b) establishes the classifications of able seamen -
unlimited, able seamen - limited, able seamen - special, able
seamen - offshore supply vessels, and able seamen - sail.

AMENDMENTS
1984 - Subsec. (b)(6). Pub. L. 98-364 added par. (6).

EFFECTIVE DATE
Provisions of this section (related to able seaman - sail)
effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98-89, set
out as a note under section 3101 of this title.

ACCEPTANCE OF CERTAIN SERVICES TOWARD ENDORSEMENT AS ABLE SEAMAN
Pub. L. 101-595, title VI, Sec. 602(e)(3), Nov. 16, 1990, 104
Stat. 2992, provided that: "For the purposes of chapter 73 of title
46, United States Code, the Secretary of Transportation shall
accept the service used by an individual to qualify for an
endorsement as able seaman - fishing industry as qualifying service
toward an endorsement as an able seaman -
"(A) under sections 7307 and 7309 of that title; or
"(B) if the service is on board a vessel of at least 100 gross
tons, under section 7308 of that title."

-End-

-CITE-
46 USC Sec. 7307 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7307. Able seamen - unlimited

-STATUTE-
The required service for the endorsement of able seaman -
unlimited, qualified for unlimited service on a vessel on any
waters, is at least 3 years' service on deck on board vessels
operating at sea or on the Great Lakes.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543.)

-MISC1-

HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7307 46:672(b)(1)
--------------------------------------------------------------------

Section 7307 requires individuals to have at least 3 years
service on deck on vessels operating at sea or on the Great Lakes
before their merchant mariner's documents can be endorsed as able
seamen - unlimited.

ACCEPTANCE OF CERTAIN SERVICES TOWARD ENDORSEMENT AS ABLE SEAMAN
Service used to qualify for endorsement as able seaman - fishing
industry to be accepted as qualifying service toward an endorsement
under this section, see section 602(e)(3) of Pub. L. 101-595, set
out as a note under section 7306 of this title.

-End-

-CITE-
46 USC Sec. 7308 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7308. Able seamen - limited

-STATUTE-
The required service for the endorsement of able seaman -
limited, qualified for limited service on a vessel on any waters,
is at least 18 months' service on deck on board vessels of at least
100 gross tons as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title
operating on the oceans or navigable waters of the United States
(including the Great Lakes).

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 104-324, title
VII, Sec. 721, Oct. 19, 1996, 110 Stat. 3938.)

-MISC1-

HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7308 46:672(b)(2)
--------------------------------------------------------------------

Section 7308 establishes the minimum service requirements for an
individual to qualify for an endorsement as able seamen - limited.

AMENDMENTS
1996 - Pub. L. 104-324 inserted "as measured under section 14502
of this title, or an alternate tonnage measured under section 14302
of this title as prescribed by the Secretary under section 14104 of
this title" after "100 gross tons".

ACCEPTANCE OF CERTAIN SERVICES TOWARD ENDORSEMENT AS ABLE SEAMAN
Service used to qualify for endorsement as able seaman - fishing
industry to be accepted as qualifying service toward an endorsement
under this section, see section 602(e)(3) of Pub. L. 101-595, set
out as a note under section 7306 of this title.

-End-

-CITE-
46 USC Sec. 7309 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7309. Able seamen - special

-STATUTE-
The required service for the endorsement of able seaman -
special, qualified for special service on a vessel on any waters,
is at least 12 months' service on deck on board vessels operating
on the oceans or the navigable waters of the United States
(including the Great Lakes).

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543.)

-MISC1-

HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7309 46:672(b)(3)
--------------------------------------------------------------------

Section 7309 establishes the minimum service requirements for an
individual to qualify as able seamen - special.

ACCEPTANCE OF CERTAIN SERVICES TOWARD ENDORSEMENT AS ABLE SEAMAN
Service used to qualify for endorsement as able seaman - fishing
industry to be accepted as qualifying service toward an endorsement
under this section, see section 602(e)(3) of Pub. L. 101-595, set
out as a note under section 7306 of this title.

-End-

-CITE-
46 USC Sec. 7310 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7310. Able seamen - offshore supply vessels

-STATUTE-
For service on a vessel of less than 500 gross tons as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title engaged in support of
exploration, exploitation, or production of offshore mineral or
energy resources, an individual may be rated as able seaman -
offshore supply vessels if the individual has at least 6 months'
service on deck on board vessels operating on the oceans or the
navigable waters of the United States (including the Great Lakes).

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 104-324, title
VII, Sec. 722, Oct. 19, 1996, 110 Stat. 3938.)

-MISC1-

HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7310 46:672(b)(3)
--------------------------------------------------------------------

Section 7310 establishes the minimum service requirements for an
individual to serve as able seamen - offshore supply vessels on
vessels of less than 500 gross tons engaged in the exploration,
exploitation, or production of offshore mineral or energy
resources.

AMENDMENTS
1996 - Pub. L. 104-324 inserted "as measured under section 14502
of this title, or an alternate tonnage measured under section 14302
of this title as prescribed by the Secretary under section 14104 of
this title" after "500 gross tons".

-End-

-CITE-
46 USC Sec. 7311 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7311. Able seamen - sail

-STATUTE-
For service on a sailing school vessel on any waters, an
individual may be rated as able seaman - sail if the individual has
at least 6 months' service on deck on sailing school vessels,
oceanographic research vessels powered primarily by sail, or
equivalent sailing vessels operating on the oceans or navigable
waters of the United States (including the Great Lakes).

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543.)

-MISC1-

HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7311 46:672(b)(4)
--------------------------------------------------------------------

Section 7311 establishes the minimum service requirements for an
individual to qualify as able seamen - sail on board sailing
vessels.

EFFECTIVE DATE
Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L.
98-89, set out as a note under section 3101 of this title.

-End-

-CITE-
46 USC Sec. 7311a 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7311a. Able seamen - fishing industry

-STATUTE-
For service on a fish processing vessel, an individual may be
rated as able seaman - fishing industry if the individual has at
least 6 months' service on deck on board vessels operating on the
oceans or the navigable waters of the United States (including the
Great Lakes).

-SOURCE-
(Added Pub. L. 98-364, title IV, Sec. 402(9)(D), July 17, 1984, 98
Stat. 448.)

-End-

-CITE-
46 USC Sec. 7312 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7312. Scale of employment

-STATUTE-
(a) Individuals qualified as able seamen - unlimited under
section 7307 of this title may constitute all of the able seamen
required on a vessel.
(b) Individuals qualified as able seamen - limited under section
7308 of this title may constitute all of the able seamen required
on a vessel of less than 1,600 gross tons as measured under section
14502 of this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under section
14104 of this title or on a vessel operating on the Great Lakes and
the Saint Lawrence River as far east as Sept Iles. Individuals
qualified as able seamen - limited may constitute not more than 50
percent of the number of able seamen required on board other
vessels.
(c) Individuals qualified as able seamen - special under section
7309 of this title may constitute -
(1) all of the able seamen required on a vessel of not more
than 500 gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title or on a seagoing barge or towing vessel; and
(2) not more than 50 percent of the number of able seamen
required on board other vessels.

(d) Individuals qualified as able seamen - offshore. supply
vessel under section 7310 of this title may constitute all of the
able seamen required on board a vessel of less than 500 gross tons
as measured under section 14502 of this title or 6,000 gross tons
as measured under section 14302 of this title engaged in support of
exploration, exploitation, or production of offshore mineral or
energy resources. Individuals qualified as able seamen - limited
under section 7308 of this title may constitute all of the able
seamen required on board a vessel of at least 500 gross tons as
measured under section 14502 of this title or 6,000 gross tons as
measured under section as measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title engaged in support of exploration, exploitation, or
production of offshore mineral or energy resources.
(e) When the service of able seamen - limited or able seamen -
special is authorized for only a part of the required number of
able seamen on board a vessel, the combined percentage of those
individuals so qualified may not be greater than 50 percent of the
required number.
(f) Individuals qualified as able seamen - fishing industry under
section 7311a of this title may constitute -
(1) all of the able seamen required on a fish processing vessel
entered into service before January 1, 1988, and of more than
1,600 gross tons but not more than 5,000 gross tons as measured
under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title; and
(2) all of the able seamen required on a fish processing vessel
entered into service after December 31, 1987, and having more
than 16 individuals on board primarily employed in the
preparation of fish or fish products but of not more than 5,000
gross tons as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 98-364, title
IV, Sec. 402(9)(E), July 17, 1984, 98 Stat. 448; Pub. L. 99-307,
Sec. 1(11), May 19, 1986, 100 Stat. 445; Pub. L. 104-324, title
VII, Sec. 723, Oct. 19, 1996, 110 Stat. 3938; Pub. L. 111-281,
title VI, Sec. 617(b), Oct. 15, 2010, 124 Stat. 2973.)

-MISC1-

HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7312 46:672(f)
--------------------------------------------------------------------

Section 7312(a) provides that able seamen - unlimited may
constitute all of the able seamen required on a vessel.
Subsection (b) provides that able seamen - limited may constitute
100 percent of the able seamen required on board vessels of less
than 600 gross tons operating on the Great Lakes and 50 percent of
the number of able seamen required on the larger vessels.
Subsection (c) provides that able seamen - special may constitute
100 percent of the able seamen required on vessels not more than
500 gross tons, or a seagoing barge or towing vessel. Able seamen -
special may only constitute up to 50 percent of the number of able
seamen required on other vessels.
Subsection (d) provides that able seamen - offshore supply
vessels may constitute 100 percent of the number of able seamen
required on vessels of less than 500 gross tons engaged in support
of exploration, exploitation, or production of offshore mineral or
energy facilities. They may not serve on board other vessels as an
able seaman until they have the appropriate required document.
Subsection (e) provides that the total number of able seamen -
limited or able seamen - special may not be greater than 50 percent
of the required number of able seamen on a vessel.

AMENDMENTS
2010 - Subsec. (d). Pub. L. 111-281 amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows:
"Individuals qualified as able seamen - offshore supply vessels
under section 7310 of this title may constitute all of the able
seamen required on board a vessel of less than 500 gross tons as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title engaged in support of
exploration, exploitation, or production of offshore mineral or
energy resources."
1996 - Subsec. (b). Pub. L. 104-324, Sec. 723(1), inserted "as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title" after "1,600 gross
tons".
Subsec. (c)(1). Pub. L. 104-324, Sec. 723(2), inserted "as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title" after "500 gross
tons".
Subsec. (d). Pub. L. 104-324, Sec. 723(3), inserted "as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title" after "500 gross tons".
Subsec. (f)(1). Pub. L. 104-324, Sec. 723(4), inserted "as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title" after "5,000 gross
tons".
Subsec. (f)(2). Pub. L. 104-324, Sec. 723(5), inserted "as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title" after "5,000 gross
tons".
1986 - Subsec. (e). Pub. L. 99-307 substituted "able seamen -
limited" for "able seaman - limited".
1984 - Subsec. (f). Pub. L. 98-364 added subsec. (f).

-End-

-CITE-
46 USC Sec. 7313 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7313. General requirements for members of engine departments

-STATUTE-
(a) Classes of endorsement as qualified members of the engine
department on vessels of at least 100 gross tons as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title (except vessels operating on rivers or
lakes (except the Great Lakes)) may be prescribed by regulation.
(b) The ratings of wiper and coal passer are entry ratings and
are not ratings as qualified members of the engine department.
(c) An applicant for an endorsement as qualified member of the
engine department must provide satisfactory proof that the
applicant -
(1) has the service required by section 7314 of this title;
(2) is qualified professionally as demonstrated by an
applicable examination; and
(3) is qualified as to sight, hearing, and physical condition
to perform the member's duties.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 544; Pub. L. 104-324, title
VII, Sec. 724, Oct. 19, 1996, 110 Stat. 3939.)

-MISC1-

HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7313 46:672(g)
--------------------------------------------------------------------

Section 7313(a) authorizes the Secretary to establish classes of
endorsement for qualified members of the engine department on
vessels of 100 gross tons or more (except on vessels operating on
rivers and lakes (except the Great Lakes)).
Subsection (b) establishes the entry ratings of wiper and coal
passer, but specifically excludes them as qualified members of the
engine department.
Subsection (c) establishes the minimum qualifications individuals
must meet in order to have their documents endorsed as a qualified
member of engine department.

AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-324 inserted "as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title" after "100 gross tons".

-End-

-CITE-
46 USC Sec. 7314 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7314. Service requirements for qualified members of engine
departments

-STATUTE-
To qualify for an endorsement as qualified member of the engine
department, an applicant must provide proof that the applicant has
6 months' service in the related entry rating as described in
section 7313(b) of this title.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 544.)

-MISC1-

HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7314 46:672(g)
--------------------------------------------------------------------

Section 7314 requires individuals who wish to have their
documents endorsed as a qualified member of the engine department
must have at least 6 months service as a wiper or coal passer.

-End-

-CITE-
46 USC Sec. 7315 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7315. Training

-STATUTE-
(a) Graduation from a nautical school vessel approved under law
and regulation may be substituted for the service requirements
under section 7307 or 7314 of this title.
(b) The satisfactory completion of other courses of instruction
approved by the Secretary may be substituted for not more than one-
third of the required service on deck at sea under sections 7307-
7311 of this title.
(c) The satisfactory completion of other courses of instruction
approved by the Secretary may be substituted for not more than one-
half of the required service at sea under section 7314 of this
title.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 544.)

-MISC1-

HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7315 46:672(c)
--------------------------------------------------------------------

Section 7315 specifies the training or course work that may be
substituted for service requirements for an endorsement as an able
seaman or a qualified member of the engine department.

-End-

-CITE-
46 USC Sec. 7316 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7316. Lifeboatmen

-STATUTE-
To qualify for an endorsement as lifeboatman, an applicant must
provide satisfactory proof that the applicant -
(1) has the service or training required by regulation;
(2) is qualified professionally as demonstrated by examination;
and
(3) is qualified professionally by actual demonstration.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 544.)

-MISC1-

HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7316 46:643(l)
--------------------------------------------------------------------

Section 7316 establishes the minimum standards an individual must
meet in order to qualify for an endorsement as lifeboatman.

-End-

-CITE-
46 USC Sec. 7317 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7317. Tankermen

-STATUTE-
(a) The Secretary shall prescribe procedures, standards, and
qualifications for the issuance of certificates or endorsements as
tankerman, stating the types of oil or hazardous material that can
be handled with safety to the vessel and the marine environment.
(b) An endorsement as tankerman shall indicate the grades or
types of cargo the holder is qualified and authorized to handle
with safety on board vessels.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545.)

-MISC1-

HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7317(a) 46:391a(10)(C)
--------------------------------------------------------------------

Section 7317(a) establishes the minimum standards an individual
must meet in order to qualify for an endorsement as tankerman for
various types of oil or hazardous substances.
Subsection (b) specifies that the tankerman's endorsement must
specify the grades or types of cargo the holder is qualified and
allowed to handle.

-End-

-CITE-
46 USC Sec. 7318 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7318. Radiotelegraph operators on Great Lakes

-STATUTE-
(a) A radiotelegraph operator on the Great Lakes only shall have
a first-class or second-class radiotelegraph operator's license
issued by the Federal Communications Commission.
(b) An endorsement as radiotelegraph operator on the Great Lakes
only ends if the holder ceases to hold the license issued by the
Commission.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545.)

-MISC1-

HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7318 46:229c
46:229g
46:643(a)
--------------------------------------------------------------------

Section 7318 specifies that radiotelegraph operators on the Great
Lakes shall have a first-class or second-class radiotelegraph
operator's license issued by the FCC and need not be licensed as a
radio operator by the Coast Guard. However, an endorsement as radio
telegraph operator has to be noted on his merchant mariners'
document. If the holder ceases to have a valid FCC license, then
the endorsement is terminated automatically without recourse to
suspension and revocation proceedings.

-End-

-CITE-
46 USC Sec. 7319 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-
Sec. 7319. Records of merchant mariners' documents

-STATUTE-
The Secretary shall maintain records on each merchant mariner's
document issued, including the name and address of the seaman to
whom issued and the next of kin of the seaman.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 108-293, title
IV, Sec. 403, Aug. 9, 2004, 118 Stat. 1043.)

-MISC1-

HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised section Source section (U.S. Code)
--------------------------------------------------------------------
7319 46:643(f)
--------------------------------------------------------------------

Section 7319 requires the Secretary to maintain records on each
merchant mariner's document issued and the seaman's next of kin.
However, these records are not open for general or public
inspection.

AMENDMENTS
2004 - Pub. L. 108-293 struck out at end "The records are not
open to general or public inspection."

-End-