Stat/Auth

§ 8503

TITLE 46—SHIPPING

on register and when underway (except on the high
seas), shall be under the direction and control of a pilot
licensed under section 7101 of this title if the vessel is—
‘‘(1) propelled by machinery and subject to inspection under part B of this subtitle; or
‘‘(2) subject to inspection under chapter 37 of this
title.’’
Subsec. (g). Pub. L. 98–557, § 29(f)(2), added subsec. (g).
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.
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see
Proc. No. 5928, set out as a note under section 1331 of
Title 43, Public Lands.

§ 8503. Federal pilots authorized
(a) The Secretary may require a pilot licensed
under section 7101 of this title on a self-propelled vessel when a pilot is not required by
State law and the vessel is—
(1) engaged in foreign commerce; and
(2) operating—
(A) in internal waters of the United States;
or
(B) within 3 nautical miles from the baselines from which the territorial sea of the
United States is measured.
(b) A requirement prescribed under subsection
(a) of this section is terminated when the State
having jurisdiction over the area involved—
(1) establishes a requirement for a State licensed pilot; and
(2) notifies the Secretary of that fact.
(c) For the Saint Lawrence Seaway, the Secretary may not delegate the authority under
this section to an agency except the Saint Lawrence Seaway Development Corporation.
(d) A person violating this section or a regulation prescribed under this section is liable to the
United States Government for a civil penalty of
not more than $25,000. Each day of a continuing
violation is a separate violation. The vessel also
is liable in rem for the penalty.
(e) A person that knowingly violates this section or a regulation prescribed under this section commits a class D felony.
(Added Pub. L. 98–557, § 29(f)(3)(A), Oct. 30, 1984,
98 Stat. 2874; amended Pub. L. 101–380, title IV,
§ 4302(h), Aug. 18, 1990, 104 Stat. 539; Pub. L.
105–383, title III, § 301(b)(8), Nov. 13, 1998, 112
Stat. 3417.)
AMENDMENTS
1998—Subsec. (a)(2). Pub. L. 105–383 added par. (2) and
struck out former par. (2) which read as follows: ‘‘operating on the navigable waters of the United States.’’
1990—Subsec. (e). Pub. L. 101–380 substituted ‘‘commits a class D felony’’ for ‘‘shall be fined not more than
$50,000, imprisoned for not more than five years, or
both’’.
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.

Page 134

TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see
Proc. No. 5928, set out as a note under section 1331 of
Title 43, Public Lands.

CHAPTER 87—UNLICENSED PERSONNEL
Sec.

8701.
8702.
8703.
8704.

Merchant mariners’ documents required.
Certain crew requirements.
Tankermen on tank vessels.
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, § 5(f)(2), Jan. 11, 1988, 101 Stat.
1781, added item 8704.

§ 8701. Merchant mariners’ documents required
(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

Page 135

TITLE 46—SHIPPING

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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 554; Pub. L.
98–364, title IV, § 402(12)(A), July 17, 1984, 98 Stat.
449; Pub. L. 99–640, § 11(c), Nov. 10, 1986, 100 Stat.
3550; Pub. L. 104–324, title VII, § 731, title XI,
§ 1104(e), Oct. 19, 1996, 110 Stat. 3940, 3967; Pub. L.
107–295, title III, § 324(b), Nov. 25, 2002, 116 Stat.
2104.)
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, § 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, § 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, § 1104(e), added par. (9).
1986—Subsec. (a)(8). Pub. L. 99–640 added par. (8).
1984—Subsec. (a)(3). Pub. L. 98–364, § 402(12)(A)(i), substituted ‘‘fishing, fish tender, or whaling’’ for ‘‘fishing
or whaling’’.

§ 8702

Subsec. (a)(6), (7). Pub. L. 98–364, § 402(12)(A)(ii)– (iv),
added pars. (6) and (7).

§ 8702. Certain crew requirements
(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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 554; Pub. L.
98–364, title IV, § 402(12)(B), July 17, 1984, 98 Stat.
449; Pub. L. 100–239, § 5(e), Jan. 11, 1988, 101 Stat.