75/25 Rule

Written By Unknown Author

The rule known to many as the “75/25” rule is really a federal law 

that addresses unlicensed seaman that may be employed on board 

certain vessels. The law is 46 USC 8103 and there are two provisions 

in this law that we routinely see. The first is (b)(1) which requires 

that not more than 25 percent of the total unlicensed seaman on 

board a documented vessel be aliens lawfully admitted to the United 

States for permanent residence. All other unlicensed seamen must 

be citizens of the United States or foreign nationals enrolled in the 

United States Merchant Marine Academy. If more than 25 percent of 

the total unlicensed seaman on board are aliens lawfully admitted 

OR there are unlicensed seaman that are not U. S. citizens or aliens 

lawfully admitted, or are not enrolled in the Merchant Marine 

Academy there is a violation of 46 USC 8103 (b)(1). 

The second provision is (i)(1) and (2) and is applicable to fishing 

vessels engaged in fisheries. The first part (i)(1) requires all 

unlicensed seaman to be either a citizen of the United States, an 

alien lawfully admitted to the United States for permanent 

residence, an alien allowed to be employed under the Immigration 

and Nationality Act, or an alien allowed to be employed under 

certain rules and immigration laws of the Commonwealth of the 

Northern Mariana Islands. The second part (i)(2) requires that not 

more than 25 percent of the total unlicensed seaman that fall within 

the four categories identified in (i)(1) may be employed under the 

Immigration and Nationality Act. Therefore, on fishing vessels 

engaged in fisheries, if there are unlicensed seaman that do not fall 

within the four categories in (i)(1), there is a violation of 46 USC 

8103 (i)(1). If more than 25 percent of the unlicensed seaman that 

fall with the four categories (not the total unlicensed seaman on 

board) are aliens allowed to be employed under the Immigration and 

Nationality Act, then there is a violation of 46 USC 8103 (i)(2). 
It is important to document the names of all persons on board, the 

position each held on the vessel, and to document any statements 

made or make copies of any documents produced regarding 

citizenship, lawful admittance as an alien, enrollment in the U. S. 

Merchant Marine Academy, and employment under the Immigration 

and Nationality Act or immigration laws of the Commonwealth of 

the Northern Mariana Islands. 

A statement or evidence that the vessel is either a documented 

vessel or a vessel engaged in fisheries in the navigable waters of the 

United States or the exclusive economic zone (EEZ), is necessary to 

the determination that a violation occurred. 

A detailed discussion of the law and manner in which citizenship, 

lawful admittance, or proper employment might be demonstrated 

can be found in our newsletter, Vol III posted at the link at the 

beginning of this newsletter. 

The KNOT is to know that a violation of 46 USC 8103 requires the 

collection and documentation of information about the persons on 

board a documented vessel or a fishing vessel engaged in fisheries. 

Take the time to ask the questions and document the answers, and 

collect documentation when available. This will assist in 

determining whether a violation occurred.