1625-0079 Stat Authority

1625-0079_StatA.pdf

Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1995 and 1997 Amendments to the International Convention

1625-0079 Stat Authority

OMB: 1625-0079

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 22, 2002]
[CITE: 46USC7101]

TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part E--Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec. 7101. Issuing and classifying licenses and certificates of
registry
(a) Licenses and certificates of registry are established for
individuals who are required to hold licenses or certificates under this
subtitle.
(b) Under regulations prescribed by the Secretary, the Secretary-(1) issues the licenses and certificates of registry; and
(2) may classify the licenses and certificates of registry as
provided in subsections (c) and (f) of this section, based on-(A) the tonnage, means of propulsion, and horsepower of
machine-propelled vessels;
(B) the waters on which vessels are to be operated; or
(C) other reasonable standards.
(c) The Secretary may issue licenses in the following classes to
applicants found qualified as to age, character, habits of life,
experience, professional qualifications, and physical fitness:
(1) masters, mates, and engineers.
(2) pilots.
(3) operators.
(4) radio officers.
(d) In classifying individuals under subsection (c)(1) of this
section, the Secretary shall establish, when possible, suitable career
patterns and service and other qualifying requirements appropriate to
the particular service or industry in which the individuals are engaged.
(e) An individual may be issued a license under subsection (c)(2) of
this section only if the applicant-(1) is at least 21 years of age;
(2) is of sound health and has no physical limitations that
would hinder or prevent the performance of a pilot's duties;
(3) has a thorough physical examination each year while holding
the license, except that this requirement does not apply to an
individual who will serve as a pilot only 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;
(4) demonstrates, to the satisfaction of the Secretary, that the
applicant has the requisite general knowledge and skill to hold the
license;
(5) demonstrates proficiency in the use of electronic aids to
navigation;
(6) maintains adequate knowledge of the waters to be navigated

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and knowledge of regulations for the prevention of collisions in
those waters;
(7) has sufficient experience, as decided by the Secretary, to
evidence ability to handle any vessel of the type and size which the
applicant may be authorized to pilot; and
(8) meets any other requirement the Secretary considers
reasonable and necessary.
(f) The Secretary may issue certificates of registry in the
following classes to applicants found qualified as to character,
knowledge, skill, and experience:
(1) pursers.
(2) medical doctors.
(3) professional nurses.
(g) The Secretary may not issue a license or certificate of registry
under this section unless an individual applying for the license or
certificate makes available to the Secretary, under section 206(b)(7) of
the National Driver Register Act of 1982 (23 U.S.C. 401 note), any
information contained in the National Driver Register related to an
offense described in section 205(a)(3)(A) or (B) of that Act committed
by the individual.
(h) The Secretary may review the criminal record of an individual
who applies for a license or certificate of registry under this section.
(i) The Secretary shall require the testing of an individual who
applies for issuance or renewal of a license or certificate of registry
under this chapter for use of a dangerous drug in violation of law or
Federal regulation.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 539; Pub. L. 98-557, Sec. 29(a),
Oct. 30, 1984, 98 Stat. 2873; Pub. L. 101-380, title IV, Sec. 4101(a),
Aug. 18, 1990, 104 Stat. 509; Pub. L. 104-324, title VII, Sec. 720, Oct.
19, 1996, 110 Stat. 3938.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------7101.............................. 46:214
46:224
46:226
46:228
46:229
46:229a
46:229b
46:242
46:243
46:244
46:247
-----------------------------------------------------------------------Section 7101(a) provides the authority for the establishment of
licenses and certificates of registry for officers and individuals
operating vessels who are required to hold them under Subtitle II.
Subsection (b) authorizes the Secretary to issue licenses and
certificates of registry based on tonnage, means of propulsion,
horsepower, vessel operating area, and other reasonable standards.
Subsection (c) authorizes the Secretary to issue licenses to
masters, mates, engineers, pilots, operators, and radio officers when
found qualified as to age, character, habits of life, experience,

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professional qualifications, and physical fitness. These qualifying
standards must by necessity be reasonable and related to the rigors of
the profession.
Subsection (d) requires the Secretary to establish, when possible,
suitable career patterns and service for and other qualifying
requirements appropriate to the particular service or industry for the
individuals so engaged.
Subsection (e) sets forth the requirements that pilots must meet
before being issued a license.
Subsection (f) authorizes the Secretary to issue certificates of
registry to qualified individuals as pursers, medical doctors, and
professional nurses.
References in Text
Sections 205(a)(3)(A) or (B) and 206(b)(7) of the National Driver
Register Act of 1982, referred to in subsec. (g), are sections
205(a)(3)(A), (B) and 206(b)(7) of Pub. L. 97-364, which are set out as
a note under section 401 of Title 23, Highways.

Amendments
1996--Subsec. (e)(3). 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 ``1,600 gross tons''.
1990--Subsecs. (g) to (i). Pub. L. 101-380 added subsecs. (g) to
(i).
1984--Subsec. (e)(3). Pub. L. 98-557 inserted exemption for pilots
on a vessel of less than 1,600 gross tons.

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.

Plan for Licensing Operators of Fishing Industry Vessels
Pub. L. 100-424, Sec. 3, Sept. 9, 1988, 102 Stat. 1590, provided
that: ``The Secretary of the department in which the Coast Guard is
operating shall, within two years after the date of enactment of this
Act [Sept. 9, 1988], and in close consultation with the Commercial
Fishing Industry Vessel Advisory Committee established under section
4508 of title 46, United States Code (as amended by this Act), prepare
and submit to the Congress a plan for the licensing of operators of
documented fishing, fish processing, and fish tender vessels. The plan
shall take into consideration the nature and variety of the different
United States fisheries and of the vessels engaged in those fisheries,
the need to license all operators or only those working in certain types
of fisheries or vessels, and other relevant factors.''
Section Referred to in Other Sections
This section is referred to in sections 8101, 8302, 8304, 8502,
8503, 8703, 9302, 9303, 11108 of this title; section 1295c of Appendix

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to this title; title 49 section 30305.

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TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part E--Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec. 7102. Citizenship
Licenses and certificates of registry for individuals on documented
vessels may be issued only to citizens of the United States.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------7102.............................. 46:242
46:1132(a)
-----------------------------------------------------------------------Section 7102 requires that any individual issued a license or
certificate of registry allowing the individual to be engaged on a
documented vessel must be a U.S. citizen.

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TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part E--Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec. 7103. Licenses for radio officers
(a) A license as radio officer may be issued only to an applicant
who has a first-class or second-class radiotelegraph operator license
issued by the Federal Communications Commission.
(b) Except as provided in section 7318 of this title, this part does
not affect the status of radiotelegraph operators serving on board
vessels operating only on the Great Lakes.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------7103.............................. 46:229a
46:229b
46:229g
-----------------------------------------------------------------------Section 7103 requires an applicant for a license as a radio officer
to have, as a prerequisite, a first-class or second-class radiotelegraph
operator license issued by the Federal Communications Commission (FCC).
It also excepts radiotelegraph operators that are engaged on Great Lakes
vessels from the requirement of having to obtain a radio officer's
license.

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TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part E--Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec. 7104. Certificates for medical doctors and nurses
A certificate of registry as a medical doctor or professional nurse
may be issued only to an applicant who has a license as a medical doctor
or registered nurse, respectively, issued by a State.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------7104.............................. 46:243
-----------------------------------------------------------------------Section 7104 requires an applicant for a certificate of registry as
a medical doctor or professional nurse to have, as a prerequisite, a
license as a medical doctor or registered nurse issued by a State.

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TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part E--Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec. 7105. Oaths
An applicant for a license or certificate of registry shall take,
before the issuance of the license or certificate, an oath before a
designated official, without concealment or reservation, that the
applicant will perform faithfully and honestly, according to the best
skill and judgment of the applicant, all the duties required by law.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------7105.............................. 46:229e
46:231
46:244
-----------------------------------------------------------------------Section 7105 requires all individuals who wish to be issued a
license or certificate of registry to take an oath before a government
official that they will perform all the duties required by law according
to their best skill and judgment.

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TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part E--Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec. 7106. Duration of licenses
A license issued under this part is valid for 5 years and may be
renewed for additional 5-year periods. However, the validity of a
license issued to a radio officer is conditioned on the continuous
possession by the holder of a first-class or second-class radiotelegraph
operator license issued by the Federal Communications Commission.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 101-380, title IV,
Sec. 4102(a), Aug. 18, 1990, 104 Stat. 509.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------7106.............................. 46:214(c)
46:225
46:226
46:228
46:229
46:229c
-----------------------------------------------------------------------Section 7106 sets a 5 year time limit on the validity of a license.
It also requires a licensed radio officer to be in continuous possession
of an FCC license.

Amendments
1990--Pub. L. 101-380 inserted ``and may be renewed for additional
5-year periods'' after ``for 5 years''.

Termination of Existing Licenses, Certificates, and Documents;
Applicability of 1990 Amendment

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Section 4102(d) of Pub. L. 101-380 provided that: ``A license,
certificate of registry, or merchant mariner's document issued before
the date of the enactment of this section [Aug. 18, 1990] terminates on
the day it would have expired if-``(1) subsections (a), (b), and (c) [amending this section and
sections 7107 and 7302 of this title] were in effect on the date it
was issued; and
``(2) it was renewed at the end of each 5-year period under
section 7106, 7107, or 7302 of title 46, United States Code.''
Section Referred to in Other Sections
This section is referred to in section 7108 of this title.

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TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part E--Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec. 7107. Duration of certificates of registry
A certificate of registry issued under this part is valid for 5
years and may be renewed for additional 5-year periods. However, the
validity of a certificate issued to a medical doctor or professional
nurse is conditioned on the continuous possession by the holder of a
license as a medical doctor or registered nurse, respectively, issued by
a State.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 101-380, title IV,
Sec. 4102(b), Aug. 18, 1990, 104 Stat. 509.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------7107.............................. 46:243
-----------------------------------------------------------------------Section 7107 specifies that there is no time limit on the validity
of a certificate of registry issued to a medical doctor or a
professional nurse but is conditioned on the continuous possession of
the appropriate license issued by a State.

Amendments
1990--Pub. L. 101-380 substituted ``is valid for 5 years and may be
renewed for additional 5-year periods'' for ``is not limited in
duration''.

Termination of Existing Licenses, Certificates, and Documents;
Applicability of 1990 Amendment
For provisions that a certificate of registry issued before Aug. 18,

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1990, terminates on the day it would have expired if the amendment to
this section by 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.
Section Referred to in Other Sections
This section is referred to in section 7108 of this title.

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TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part E--Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec. 7108. Termination of licenses and certificates of registry
When the holder of a license or certificate of registry, the
duration of which is conditioned under section 7106 or 7107 of this
title, fails to hold the license required as a condition, the license or
certificate of registry issued under this part is terminated.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------7108.............................. 46:229c
46:243
-----------------------------------------------------------------------Section 7108 specifies if any individual issued a license or
certificate of registry fails to have the required FCC or appropriate
State medical license, the license or certificate is automatically
terminated. The suspension and revocation procedures provided in chapter
77 are not applicable in these cases.

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TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part E--Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec. 7109. Review of criminal records
The Secretary may review the criminal record of each holder of a
license or certificate of registry issued under this part who applies
for renewal of that license or certificate of registry.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 101-380, title IV,
Sec. 4102(e)(1), Aug. 18, 1990, 104 Stat. 510.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------7109.............................. 46:225
46:233
-----------------------------------------------------------------------Section 7109 authorizes the Secretary to renew licenses and
certificates of registry for additional 5 year periods.

Amendments
1990--Pub. L. 101-380 substituted ``Review of criminal records'' for
``Renewal of licenses'' in section catchline and amended text generally.
Prior to amendment, text read as follows: ``A license issued under this
part may be renewed for additional 5-year periods.''

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TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part E--Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec. 7110. Exhibiting licenses
Each holder of a license issued under this part shall display,
within 48 hours after employment on a vessel for which that license is
required, the license in a conspicuous place on the vessel.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------7109.............................. 46:229f
46:232
-----------------------------------------------------------------------Section 7110 requires licensed individuals to display the license in
a conspicuous place on the vessel within 48 hours after they are
employed.

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TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part E--Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec. 7111. Oral examinations for licenses
An individual may take an oral examination for a license to serve on
a fishing, fish processing, or fish tender vessel not required to be
inspected under part B of this subtitle.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541; Pub. L. 98-364, title IV,
Sec. 402(8)(B), July 17, 1984, 98 Stat. 447; Pub. L. 99-307, Sec. 1(10),
May 19, 1986, 100 Stat. 445.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------7109.............................. 46:224a(2)
-----------------------------------------------------------------------Section 7111 provides for oral tests for licenses for individuals on
fishing vessels that are not required to be inspected under part B.

Amendments
1986--Pub. L. 99-307 substituted ``part'' for ``Part''.
1984--Pub. L. 98-364 substituted in section catchline ``Oral
examinations for licenses'' for ``Licenses for fishing vessels not
subject to inspection'' and in text ``An individual may take an oral
examination for a license to serve on a fishing, fish processing, or
fish tender vessel not required to be inspected under Part B of this
subtitle'' for ``Examinations for licensing individuals on fishing
vessels not required to be inspected under part B of this subtitle shall
be oral''.

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TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part E--Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec. 7112. Licenses of masters or mates as pilots
A master or mate licensed under this part who also qualifies as a
pilot is not required to hold 2 licenses. Instead, the qualification of
the master or mate as pilot shall be endorsed on the master's or mate's
license.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------7112.............................. 46:230
-----------------------------------------------------------------------Section 7112 provides for the endorsement of a master's or mate's
license as a pilot if they meet those specifications. These individuals
do not have to hold two separate licenses.

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TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part E--Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec. 7113. Exemption from draft
A licensed master, mate, pilot, or engineer of a vessel inspected
under part B of this subtitle, propelled by machinery or carrying
hazardous liquid cargoes in bulk, is not liable to draft in time of war,
except for performing duties authorized by the license. When performing
those duties in the service of the United States Government, the master,
mate, pilot, or engineer is entitled to the highest rate of wages paid
in the merchant marine of the United States for similar services. If
killed or wounded when performing those duties, the master, mate, pilot,
or engineer, or the heirs or legal representatives of the master, mate,
pilot, or engineer, are entitled to all the privileges under the pension
laws of the United States provided to members of the Armed Forces.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------7113.............................. 46:225
-----------------------------------------------------------------------Section 7113 exempts licensed masters, mates, pilots, and engineers
of inspected vessels that are propelled by machinery or carrying
hazardous liquid cargo from the Selective Service draft in time of war.
This section also provides that, while serving in that capacity
during war, they shall be entitled to the highest rate of pay paid in
the U.S. merchant marine for similar services.
If a master, mate, pilot, or engineer is killed or wounded when
performing those duties during a war, these individuals, their heirs or
legal representatives, are entitled to all the privileges provided to
members of the Armed Forces under the pension laws of the United States.

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TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part E--Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec. 7114. Fees
The Secretary may prescribe by regulation reasonable fees for the
inspection of and the issuance of a certificate, license, or permit
related to small passenger vessels and sailing school vessels.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------7114.............................. 46:390a(b)
-----------------------------------------------------------------------Section 7114 allows the Secretary to prescribe reasonable fees for
the issuance of a certificate of inspection, license, or registry, or
permits related to small passenger vessels and sailing school vessels.

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File Type	application/pdf
File Title	http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID
Author	ddupont
File Modified	2005-08-26
File Created	2005-08-26