Stat. Reg.

-CITE-
46 USC CHAPTER 87 - UNLICENSED PERSONNEL 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part F - Manning of Vessels
CHAPTER 87 - UNLICENSED PERSONNEL

-HEAD-
CHAPTER 87 - UNLICENSED PERSONNEL

-MISC1-
Sec.
8701. Merchant mariners' documents required.
8702. Certain crew requirements.
8703. Tankermen on tank vessels.
8704. Alien deemed to be employed in the United States.

HISTORICAL AND REVISION NOTES
Chapter 87 prescribes certain requirements for unlicensed
personnel on vessels of at least 100 gross tons and on certain tank
vessels.

AMENDMENTS
1988 - Pub. L. 100-239, Sec. 5(f)(2), Jan. 11, 1988, 101 Stat.
1781, added item 8704.

-End-

-CITE-
46 USC Sec. 8701 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part F - Manning of Vessels
CHAPTER 87 - UNLICENSED PERSONNEL

-HEAD-
Sec. 8701. Merchant mariners' documents required

-STATUTE-
(a) This section applies to a merchant vessel 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 -
(1) a vessel operating only on rivers and lakes (except the
Great Lakes);
(2) a barge (except a seagoing barge or a barge to which
chapter 37 of this title applies);
(3) a fishing, fish tender, or whaling vessel or a yacht;
(4) a sailing school vessel with respect to sailing school
instructors and sailing school students;
(5) an oceanographic research vessel with respect to scientific
personnel;
(6) a fish processing vessel entered into service before
January 1, 1988, and not more 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 entered into
service after December 31, 1987, and having not more than 16
individuals on board primarily employed in the preparation of
fish or fish products;
(7) a fish processing vessel (except a vessel to which clause
(6) of this subsection applies) with respect to individuals on
board primarily employed in the preparation of fish or fish
products or in a support position not related to navigation;
(8) a mobile offshore drilling unit with respect to
individuals, other than crew members required by the certificate
of inspection, engaged on board the unit for the sole purpose of
carrying out the industrial business or function of the unit;
(9) a passenger vessel not engaged in a foreign voyage with
respect to individuals on board employed for a period of not more
than 30 service days within a 12 month period as entertainment
personnel, with no duties, including emergency duties, related to
the navigation of the vessel or the safety of the vessel, its
crew, cargo or passengers; and
(10) the Secretary may prescribe the individuals required to
hold a merchant mariner's document serving onboard an oil spill
response vessel.

(b) A person may not engage or employ an individual, and an
individual may not serve, on board a vessel to which this section
applies if the individual does not have a merchant mariner's
document issued to the individual under section 7302 of this title.
Except for an individual required to be licensed or registered
under this part, the document must authorize service in the
capacity for which the holder of the document is engaged or
employed.
(c) On a vessel to which section 10306 or 10503 of this title
does not apply, an individual required by this section to hold a
merchant mariner's document must exhibit it to the master of the
vessel before the individual may be employed.
(d) A person (including an individual) violating this section is
liable to the United States Government for a civil penalty of $500.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 554; Pub. L. 98-364, title
IV, Sec. 402(12)(A), July 17, 1984, 98 Stat. 449; Pub. L. 99-640,
Sec. 11(c), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 104-324, title
VII, Sec. 731, title XI, Sec. 1104(e), Oct. 19, 1996, 110 Stat.
3940, 3967; Pub. L. 107-295, title III, Sec. 324(b), Nov. 25, 2002,
116 Stat. 2104.)

-MISC1-

HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised section Source section (U.S. Code)
--------------------------------------------------------------------
8701 46:444
46:643
46:643a
46:672
--------------------------------------------------------------------

Section 8701 requires an individual to have a merchant mariner's
document before that individual can be engaged or employed on
certain vessels.
Subsection (a) makes this documentation requirement applicable to
United States merchant vessels of at least 100 gross tons except
for certain inland vessels and barges, fishing or whaling vessels,
yachts, and, in certain circumstances, to sailing school vessels or
oceanographic research vessels.
Subsection (b) prohibits the engagement or employment of an
individual required to have a document prescribed under section
7302 if the individual does not have one. Except for licensed or
registered individuals, the document must specify the capacity in
which the individual is engaged or employed.
Subsection (c) requires an individual to exhibit the required
document to the master, if not otherwise required to do so in some
other manner before that individual may be employed.
Subsection (d) prescribes the penalty for violation of this
section.

AMENDMENTS
2002 - Subsec. (a)(9), (10). Pub. L. 107-295 added par. (9) and
redesignated former par. (9) as (10).
1996 - Subsec. (a). Pub. L. 104-324, Sec. 731(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 "100 gross tons"
in introductory provisions.
Subsec. (a)(6). Pub. L. 104-324, Sec. 731(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 "1,600 gross
tons".
Subsec. (a)(9). Pub. L. 104-324, Sec. 1104(e), added par. (9).
1986 - Subsec. (a)(8). Pub. L. 99-640 added par. (8).
1984 - Subsec. (a)(3). Pub. L. 98-364, Sec. 402(12)(A)(i),
substituted "fishing, fish tender, or whaling" for "fishing or
whaling".
Subsec. (a)(6), (7). Pub. L. 98-364, Sec. 402(12)(A)(ii)- (iv),
added pars. (6) and (7).

-End-

-CITE-
46 USC Sec. 8702 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part F - Manning of Vessels
CHAPTER 87 - UNLICENSED PERSONNEL

-HEAD-
Sec. 8702. Certain crew requirements

-STATUTE-
(a) This section applies to a vessel 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 -
(1) a vessel operating only on rivers and lakes (except the
Great Lakes);
(2) a barge (except a seagoing barge or a barge to which
chapter 37 of this title applies);
(3) a fishing, fish tender, or whaling vessel (except a fish
tender vessel engaged in the Aleutian trade) or a yacht;
(4) a sailing school vessel with respect to sailing school
instructors and sailing school students;
(5) an oceanographic research vessel with respect to scientific
personnel;
(6) a fish processing vessel entered into service before
January 1, 1988, and not more 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 entered into
service after December 31, 1987, and having not more than 16
individuals on board primarily employed in the preparation of
fish or fish products; and
(7) a fish processing vessel (except a vessel to which clause
(6) of this subsection applies) with respect to individuals on
board primarily employed in the preparation of fish or fish
products or in a support position not related to navigation.

(b) A vessel may operate only if at least -
(1) 75 percent of the crew in each department on board is able
to understand any order spoken by the officers, and
(2) 65 percent of the deck crew (excluding licensed
individuals) have merchant mariners' documents endorsed for a
rating of at least able seaman, except that this percentage may
be reduced to 50 percent -
(i) on a vessel permitted under section 8104 of this title to
maintain a 2-watch system; or
(ii) on a fish tender vessel engaged in the Aleutian trade.

(c) An able seaman is not required on a towing vessel operating
on bays and sounds connected directly with the seas.
(d) An individual having a rating of less than able seaman may
not be permitted at the wheel in ports, harbors, and other waters
subject to congested vessel traffic, or under conditions of reduced
visibility, adverse weather, or other hazardous circumstances.
(e) The owner, charterer, managing operator, agent, master, or
individual in charge of a vessel operated in violation of this
section or a regulation prescribed under this section is liable to
the United States Government for a civil penalty of $10,000.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 554; Pub. L. 98-364, title
IV, Sec. 402(12)(B), July 17, 1984, 98 Stat. 449; Pub. L. 100-239,
Sec. 5(e), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 101-380, title
IV, Sec. 4302(i), Aug. 18, 1990, 104 Stat. 539; Pub. L. 101-595,
title VI, Sec. 602(e)(2), Nov. 16, 1990, 104 Stat. 2992; Pub. L.
104-324, title VII, Sec. 732, Oct. 19, 1996, 110 Stat. 3941.)

-MISC1-

HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
--------------------------------------------------------------------
8702 46:643
46:672
--------------------------------------------------------------------

Section 8702 specifies certain crew requirements.
Subsection (a) applies this section to the same vessels to which
section 8701 applies.
Subsection (b) requires that 75 percent of the crew in each
department on board a vessel understand any order spoken by the
officers and that 65 percent of the deck crew be at least able
seamen, except for the licensed officers. For 2-watch system
vessels under section 8104, the 65-percent deck crew requirement
may be reduced to 50 percent.
Subsection (c) exempts certain inland towing vessels from the
able seaman requirement.
Subsection (d) prohibits anyone having a rating of less than able
seamen from serving as a helmsman in congested vessel traffic or
under hazardous conditions.
Subsection (e) prescribes the penalty for violation of this
section.

AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-324, Sec. 732(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 "100 gross tons"
in introductory provisions.
Subsec. (a)(6). Pub. L. 104-324, Sec. 732(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 "1,600 gross
tons".
1990 - Subsec. (a)(3). Pub. L. 101-595, Sec. 602(e)(2)(A),
substituted "vessel (except a fish tender vessel engaged in the
Aleutian trade)" for "vessel".
Subsec. (b)(2). Pub. L. 101-595, Sec. 602(e)(2)(B), inserted
provisions authorizing reduction to 50 percent of the deck crew in
the case of a fish tender vessel engaged in the Aleutian trade.
Subsec. (e). Pub. L. 101-380 substituted "$10,000" for "$500".
1988 - Subsec. (b). Pub. L. 100-239 substituted "operate" for
"depart from a port of the United States".
1984 - Subsec. (a)(3). Pub. L. 98-364, Sec. 402(12)(B)(i),
substituted "fishing, fish tender, or whaling" for "fishing or
whaling".
Subsec. (a)(6), (7). Pub. L. 98-364, Sec. 402(12)(B)(ii)- (iv),
added pars. (6) and (7).

EFFECTIVE DATE OF 1990 AMENDMENTS
Amendment by section 602(e)(2)(A) of Pub. L. 101-595 effective
Nov. 16, 1990, and requirements imposed by subsec. (b)(2), as
amended by section 602(e)(2)(B) of Pub. L. 101-595, effective 1
year after Nov. 16, 1990, see section 602(f) of Pub. L. 101-595,
set out as a note under section 4502 of this title.
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.

EXEMPTION OF CERTAIN FISH PROCESSING VESSELS
Certain fish processing vessels exempt from crew requirements of
subsec. (b) of this section, see section 403(b) of Pub. L. 98-364,
as amended, set out as a note under section 3302 of this title.

-End-

-CITE-
46 USC Sec. 8703 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part F - Manning of Vessels
CHAPTER 87 - UNLICENSED PERSONNEL

-HEAD-
Sec. 8703. Tankermen on tank vessels

-STATUTE-
(a) A vessel of the United States to which chapter 37 of this
title applies, that has on board oil or hazardous material in bulk
as cargo or cargo residue, shall have a specified number of the
crew certified as tankermen as required by the Secretary. This
requirement shall be noted on the certificate of inspection issued
to the vessel.
[(b) Repealed. Pub. L. 98-557, Sec. 18, Oct. 30, 1984, 98 Stat.
2869.]
(c) A vessel to which section 3702(b) of this title applies shall
have on board as a crewmember in charge of the transfer operation
an individual certified as a tankerman (qualified for the grade of
fuel transferred), unless a master, mate, pilot, engineer, or
operator licensed under section 7101 of this title is present in
charge of the transfer. If the vessel does not have that individual
on board, chapter 37 of this title applies to the vessel.

-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 98-557, Sec.
18, Oct. 30, 1984, 98 Stat. 2869.)

-MISC1-

HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised section Source section (U.S. Code)
--------------------------------------------------------------------
8703(a) 46:391a(10)(A)
8703(b) 46:391a(10)(C)
8703(c) 46:391a(4)(B)
--------------------------------------------------------------------

Section 8703 sets requirements for tankermen on board vessels
carrying oil or hazardous material in bulk as cargo or cargo
residue.
Subsection (a) requires a specified number of the crew certified
as tankermen on board these vessels and a notation be made to that
effect on the vessel's certificate of inspection. A tankerman is an
individual who is experienced and trained in the procedures for
transferring oil or hazardous material to or from a vessel and is
responsible for carrying out these duties and responsibilities.
Subsection (b) authorizes the Secretary to regulate tankermen and
restrict the types of oil or hazardous materials on the basis of
safety to the vessel and the marine environment.
Subsection (c) requires a tankerman or licensed master, pilot,
engineer, or operator to be present and in charge of a transfer of
oil or hazardous material on certain vessels in the service of oil
exploitation. If this individual is not on board, then the tank
vessel requirements of chapter 37 apply to the vessel.

AMENDMENTS
1984 - Subsec. (b). Pub. L. 98-557 repealed subsec. (b) which
contained duplicate tankerman manning requirements. See section
7317(a) of this title.

-End-

-CITE-
46 USC Sec. 8704 1/07/2011 (111-383)

-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part F - Manning of Vessels
CHAPTER 87 - UNLICENSED PERSONNEL

-HEAD-
Sec. 8704. Alien deemed to be employed in the United States

-STATUTE-
An alien is deemed to be employed in the United States for
purposes of section 274A of the Immigration and Nationality Act (8
U.S.C. 1324a) if the alien is an unlicensed individual employed on
a fishing, fish processing, or fish tender vessel that -
(1) is a vessel of the United States engaged in the fisheries
in the navigable waters of the United States or the exclusive
economic zone; and
(2) is not engaged in fishing exclusively for highly migratory
species (as that term is defined in section 3 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1802).

-SOURCE-
(Added Pub. L. 100-239, Sec. 5(f)(1), Jan. 11, 1988, 101 Stat.
1781; amended Pub. L. 104-208, div. A, title I, Sec. 101(a) [title
II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-MISC1-
AMENDMENTS
1996 - Par. (2). Pub. L. 104-208 substituted "Magnuson-Stevens
Fishery" for "Magnuson Fishery".

EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.
211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that the
amendment made by that section is effective 15 days after Oct. 11,
1996.

CONSTRUCTION
Pub. L. 100-239, Sec. 5(f)(3), Jan. 11, 1988, 101 Stat. 1781,
provided that: "With respect to an alien who is deemed to be
employed in the United States under section 8704 of title 46,
United States Code (as amended by this subsection), the term 'date
of the enactment of this section' [translated as "November 6,
1986"] as used in section 274A(i) of the Immigration and
Nationality Act [former 8 U.S.C. 1324a(i)] means the date 180 days
after the enactment of this section [Jan. 11, 1988]."

-End-