1625-0001 Stat/Authority

§ 7101

TITLE 46—SHIPPING

Sec.

7108.
7109.
7110.
7111.
7112.
7113.
7114.
[7115.
7116.

Termination of licenses and certificates of
registry.
Review of criminal records.
Exhibiting licenses.
Oral examinations for licenses.
Licenses of masters or mates as pilots.
Exemption from draft.
Fees.
Repealed.]
Examinations for merchant mariner credentials.
AMENDMENTS

2018—Pub. L. 115–282, title VI, § 601(c)(2), Dec. 4, 2018,
132 Stat. 4289, struck out item 7115 ‘‘Merchant Mariner
Medical Advisory Committee’’.
2016—Pub. L. 114–120, title III, § 315(b)(2), Feb. 8, 2016,
130 Stat. 62, added item 7116.
2010—Pub. L. 111–281, title II, § 210(c), Oct. 15, 2010, 124
Stat. 2914, added item 7115.
1990—Pub. L. 101–380, title IV, § 4102(e)(2), Aug. 18,
1990, 104 Stat. 510, substituted ‘‘Review of criminal
records’’ for ‘‘Renewal of licenses’’ in item 7109.
1984—Pub. L. 98–364, title IV, § 402(8)(A), July 17, 1984,
98 Stat. 447, substituted ‘‘Oral examinations for licenses’’ for ‘‘Licenses for fishing vessels not subject to
inspection’’ in item 7111.

§ 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 alter-

Page 116

nate 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 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.
(j) The Secretary may issue a license under
this section in a class under subsection (c) to an
applicant that—
(1) has at least 3 months of qualifying service on vessels of the uniformed services (as
that term is defined in section 101(a) of title
10) of appropriate tonnage or horsepower within the 7-year period immediately preceding the
date of application; and
(2) satisfies all other requirements for such a
license.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 539; Pub. L.
98–557, § 29(a), Oct. 30, 1984, 98 Stat. 2873; Pub. L.
101–380, title IV, § 4101(a), Aug. 18, 1990, 104 Stat.
509; Pub. L. 104–324, title VII, § 720, Oct. 19, 1996,
110 Stat. 3938; Pub. L. 113–281, title III, § 305(a),
Dec. 18, 2014, 128 Stat. 3043.)
HISTORICAL AND REVISION NOTES
Revised section
7101 ..............................................

Source section (U.S. Code)
46:214
46:224
46:226
46:228
46:229
46:229a
46:229b
46:242

Page 117

§ 7105

TITLE 46—SHIPPING

HISTORICAL AND REVISION NOTES—CONTINUED
Revised section

Source section (U.S. Code)
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, 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.

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.

§ 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.

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
2014—Subsec. (j). Pub. L. 113–281 added subsec. (j).
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, § 3, Sept. 9, 1988, 102 Stat. 1590, required the Secretary of the department in which the
Coast Guard is operating, within two years after Sept.
9, 1988, to prepare and submit to the Congress a plan for
the licensing of operators of documented fishing, fish
processing, and fish tender vessels.

§ 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
7102 ..............................................

Source section (U.S. Code)
46:242
46:1132(a)

§ 7104. Certificates
nurses

for

medical

doctors

and

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
7104 ..............................................

Source section (U.S. Code)
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.

§ 7105. Oaths
An applicant for a license or certificate of registry shall take, before the issuance of the license or certificate, an oath, 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; Pub. L.
111–281, title VI, § 613, Oct. 15, 2010, 124 Stat.
2970.)
HISTORICAL AND REVISION NOTES
Revised section
7105 ..............................................

Source section (U.S. Code)
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.