CITIZENSHIP REQUIREMENTS- THE 75/25 RULE

Written By CAPT R. Trabocchi

Application of the law. 

46 U.S. Code 8103, also referred to as the 75/25 Rule, is a complex 

regulation with several sub-levels of requirements. 46 USC 8103 has 

nine subsections (a through i) that cover documented vessels, 

passenger vessels, fishing vessels and waivers. In this article we will 

discuss the three subsections (a, b, and i) most commonly violated. 

We will break down these three subsections for discussion and then 

bring it all together at the end. The references used in this article 

are the Coast Guard Maritime Law Enforcement Manual (MLEM) 

COMDTINST M16247.D and 46 U.S. Code 8103. 

46 USC 8103 (a) and (b): 

46 USC 8103 (a) and (b) pertain to documented vessels only. 

Subsection (a) reads “Only a citizen of the United States may serve 

as master, chief engineer, radio officer, or officer in charge of a deck 

watch or engineering watch on a documented vessel.” This 

subsection is straight forward; you must be a U.S. citizen to hold any 

one of the above positions on a documented vessel; no exceptions. 

Subsection (b) takes some more thought before determining if the 

regulation applies to the situation at hand. This subsection defines 

the citizenship status and number of lawfully admitted aliens that 

may serve as unlicensed seamen on board documented vessels.

Subsection (b) reads:
(b)(1) Except as otherwise provided in this section, on a documented 

vessel-

(A) each unlicensed seaman must be-

(i) a citizen of the United States;

(ii) an alien lawfully admitted to the United States for permanent 

residence; or 

(iii) a foreign national who is enrolled in the U.S. Merchant Marine 

Academy

(B) not more than 25 percent of the total number of unlicensed 

seamen on the vessel may 

be aliens lawfully admitted to the U.S. for permanent residence

When applying subsection (b), the Coast Guard Hearing Office will 

look for evidence in the case file that shows whether the unlicensed 

seaman fit into one of the categories listed in subsection (b)(1)(A). If 

the evidence shows there are unlicensed seamen that do not fit into 

one of these three categories, then a violation of 46 USC 

8103(b)(1)(A) has occurred. Note, if you suspect an unlicensed 

seaman may be in the United States unlawfully, follow your chain of 

command’s guidance on how to proceed with the disposition of that 

person(s).

The MLEM provides a list of documents commonly relied on as 

indicators of a valid U.S. citizenship claim: Citizenship Certificate, 

Birth Certificate, Naturalization Certificate, U.S. Passport, Licenses 

and Permits issued by Governmental Agencies only to U.S. Citizens 

(e.g., pilot’s license), Voter Registration Cards, Merchant Mariner 

Documents, U.S. Citizen ID Card, Department of State Certificate of 

Identity and Registration, and the U.S. merchant seamen “Z” card.
The MLEM also provides a list of documents commonly relied on as 

indicators that an alien is lawfully admitted to the U.S. for 

permanent residence: Immigrant visa issued by an American 

Consul, Valid Re-entry Permit, Alien Registration Receipt Card 

(Forms I-151 or I-551), Employment Authorization Card, and the

Temporary Resident Card.

After determining the category of each unlicensed seamen, the Coast 

Guard Hearing Office will apply 46 USC 8103 (b)(1)(B). This 

subsection states that not more than 25% of the total number of 

unlicensed seamen on the vessel may be aliens lawfully admitted to 

the U.S. for permanent residence. For application of this subsection, 

the number of unlicensed seamen from the three categories listed in 

(b)(1)(A)(i, ii, and iii) are added together. Remember, unlicensed 

seamen that do not fit into one of these three categories are not 

included. The Coast Guard Hearing Office will look for evidence to 

determine if the total number of aliens lawfully admitted to the U.S. 

for permanent residence is greater than 25% of the total number of 

unlicensed seamen from these categories. If the percentage is 

greater than 25% (rounded down to a whole number), then 46 USC 

8103 (b)(1)(B) has been violated.

46 USC 8103(i): 

Subsection (i) is another section that takes some thought before 

determining if the regulation applies to the situation at hand. This 

subsection applies to a fishing, fish processing or fish tender vessel 

engaged in fisheries. 

Subsection (i) reads:
(i)(1) Except as provided in paragraph (3) of this subsection, each 

unlicensed seaman on a fishing, fishing processing, or fish tender 

vessel that is engaged in the fisheries in the navigable waters of the 

United States or the EEZ must be -

(A) a citizen of the United States;

(B) an alien lawfully admitted to the United States for permanent 

residence; 

(C) any other alien allowed to be employed under the Immigration 

and Nationality Act (8 USC 1101 et seq.); or

(D) an alien allowed to be employed under the immigration laws of 

the Commonwealth of the Northern Mariana Islands if the vessel is 

permanently stationed at a port within the Commonwealth and the 

vessel is engaged in the 

fisheries within the EEZ surrounding the Commonwealth or another 

U.S. territory or possession. 

(2) Not more than 25% of the unlicensed seaman on a vessel subject 

to paragraph (1) of this subsection may be aliens referred to in 

clause (C) of that paragraph.

(3) This subsection does not apply to a fishing vessel 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)).

When applying subsection (i), the evidence must show that the 

vessel is one of the types of vessels identified above and was fishing 

in the navigable waters of the U.S. or the EEZ. Next the Coast 

Guard Hearing Office will look for evidence that all of the unlicensed 

seamen on board fit into one of the categories listed above in 

subsection (i)(1) (A) through (D). If the evidence shows that one or 
more of the unlicensed seamen do not fit into one of these four 

categories, (i)(1)(A) through (D), then a violation of 46 USC 8103(i)(1) 

has occurred. Note, if you find unlicensed seamen that you suspect 

are in the United States unlawfully, follow your chain of command’s 

guidance on how to proceed with the disposition of that person(s).

Documentation acceptable for determining whether persons fall 

within categories i(1)(A) and (B) above are the same as previously 

identified in the MLEM. The determination of whether persons fall 

within categories (i)(1)(C) and (D) may require assistance from other 

federal agencies as well as your local chain of command. 

Subsection (i)(1)(C) refers to unlicensed seamen holding a 

nonimmigrant visa which allows foreign nationals to enter into the 

U.S. temporarily and engage in short-term, nonagricultural 

employment. An example of this is a nonimmigrant holding an H2B 

visa. Part (D) is self explanatory. 

Once it is determined which category each unlicensed seaman falls 

within, the Coast Guard Hearing Office turns its attention to the 

application of 46 USC 8103 (i)(2). Not more than 25% of the total 

unlicensed seamen on board a vessel subject to this part may hold a 

nonimmigrant visa as described above. In applying this subsection, 

the number of unlicensed seamen from the four categories listed in 

subsection (i)(1)(A) through (D) are added together. Remember any 

unlicensed seamen that do not fall within categories (A) through (D) 

are not included as part of this calculation. The total number of 

unlicensed seamen holding a nonimmigrant visa as described above 

cannot be greater than 25% of the total number of unlicensed 

seamen. If the evidence shows that the percentage is greater than 

25% (rounded down to a whole number), then 46 USC 8103 (i)(2) has 

been violated. 

The case file for Coast Guard Hearing Office adjudication. 
It is critical that the Activity Summary Report (ASR) and 

Enforcement Summary (ES) contain all essential information 

necessary for the Coast Guard Hearing Office to determine if there is 

a prima facie case. In other words, the case file must include 

sufficient evidence to satisfy all jurisdictional elements and factually 

support that a violation has occurred. 

The Activity Summary Report: 

Preparation of the ASR requires close attention to the details and 

facts of the boarding. Each part is designed to provide details of the 

boarding to the CG Hearing Officer adjudicating the case. Each 

subsection of 46 USC 8103 must be reviewed for its applicability to 

the situation at hand. 46 USC 8103(f) sets forth that the party 

violating this law must be a person employing an individual in 

violation of this law. It fails to specify whether the party to be 

charged is the owner, master, or operator; this must be determined 

based on the facts. A Hearing Officer reviewing an alleged violation 

of this subsection will review the evidence to determine whether the 

correct party was charged. Evidence regarding the appropriate party 

to be charged should be obtained prior to the boarding team’s 

departure from the vessel. The narrative section of the ASR is 

reviewed by the Coast Guard Hearing Office for the name, 

citizenship, and position held of each person on board the vessel. The 

location of the boarding is also critical and should be found in the 

ASR. Was the vessel engaged in fishing inside or outside the 

navigable waters of the U. S or inside or outside of the EEZ? This 

evidence is necessary to determine applicability of the law regarding 

citizenship. Other important information that should be contained in 

the ASR includes: accurate size of the vessel, boarding time and 

date, boarding outcome, complete name and address of the owner 

and/or other charged parties. The narrative summary should always 

be accompanied by an electronic signature of the boarding officer or 

boarding team member. Without such a signature, the narrative 

statement may be rejected as evidence. Typically, the case file will be 

returned for lack of an electronic signature. The following is an 

sample narrative summary when applying subsection 8103(b):
The Enforcement Summary: 

It is critical that the correct citation for the violation is reflected on 

the ES. The evidence must directly support the citation on the ES. 

With respect to violations of 46 USC 8103, citing the entire section is 

incomplete. The case package must cite the specific subsection 

alleged to have been violated such as 46 USCG 8103(i). Cases 

submitted to the Coast Guard Hearing Office without the correct cite 

will typically be returned to the program manager.

One of the more common problems that the Coast Guard Hearing 

Office sees is when a vessel has a mix of aliens lawfully admitted to 

the United States for permanent residence, other lawful aliens, or 

others not lawfully in the United States. In order to properly apply 

the 75/25 rule, there must be a correct determination of the number 

of unlicensed seamen that may be counted for application of a 

particular subsection of this law. The calculations are different for 

subsection (b) than they are for subsection (i). For subsection (b), the 

Coast Guard Hearing Office must be able to determine whether a 

crewmember is a citizen of the U. S, an alien lawfully admitted to 

the U.S. for permanent residence, or a foreign national enrolled in 

the U.S. Merchant Marine Academy. This is demonstrated in the 

following example pertaining to subsection (b): during a routine 

boarding on a documented vessel it is discovered that, there are 3 

U.S. citizens (one is the Master who is licensed and two are 

unlicensed seaman), 1 alien lawfully admitted for permanent 

residence (an unlicensed seaman) and 2 aliens (unlicensed seaman) 

that do not fall within the categories stated in (b)(1)(A)(i)-(iii). Too 

often the Coast Guard Hearing Office receives a case file wherein the 

the total crew complement, in this case 6, is used to find that a 

violation has occurred. In this example, the boarding team uses 6 

(the total crew complement) divided by 3 (the 3 non-U.S. citizens) 

and gets a result of 50% of the crew as non-U.S. citizens. The owner 

is cited for violation of 46 USC 8103(b)(1)(B). This method of 

applying this subsection is incorrect and will cause the case to be 
returned to the unit without penalty action. The calculations are 

incorrect because the total number used for the calculation included 

the master and 2 illegal alien unlicensed seamen that do not fit 

within one of the categories of (b)(1)(A)(i) through (iii). 

The correct method of calculation to determine a violation of (b)(1)(B) 

would be to add up the unlicensed seaman that fall within the 

categories identified in (b)(1)(A)(i) through (iii). These are the 2 U.S. 

citizens and the 1 alien lawfully admitted to the U.S. for permanent 

residence. The total persons then for application of this subsection in 

our example would be 3. If more than 25% of these 3 unlicensed 

seamen are aliens lawfully admitted to the U.S. for permanent 

residence, there is a violation of this subsection. 3 multiplied by 25% 

is .75. This means that the vessel cannot have more than .75 of an 

alien lawfully admitted to the U.S. for permanent residence. 

Remember the rule requires that the result be 

rounded down to the nearest whole number which in this case is zero 

(.75 rounded down is zero). Since there is 1 alien lawfully admitted 

to the U. S. for permanent residence on board and 1 is more than 

zero, 46 USC 8103(b)(1)(B) has been violated.

There is also a violation of 46 USC 8103(b)(1)(A) because the 

documented vessel has two unlicensed seamen that are neither 

citizens of the U. S., aliens lawfully admitted to the U.S. for 

permanent residence, nor foreign nationals enrolled in the Merchant 

Marine Academy. 
The ES would reflect: 

Summary of Current Violation(s)

Law/Regulation Description Recommended Penalty

46 USC 

8103(b)(1)(A)

46 USC 

8103(b)(1)(B)

Failure to comply with 

Citizenship requirements for 

unlicensed seaman (failure to fall 

within categories (i) – (iii).

Exceeded 25% of the total 

number of unlicensed seaman 

who are aliens lawfully admitted 

to the U.S. for permanent 

residence.

Consider all aggravating, 

extenuating, and 

mitigating factors (see 

note below)

Note: The Coast Guard Hearing Office will review the case file for 

documentation to support a recommendation for the maximum 

penalty. Evidence, including aggravating factors or circumstances, 

submitted in support of a recommendation for the maximum penalty 

are carefully reviewed. 

Similar calculations are required to apply 46 USC 8103(i). For 

example, a routine boarding is conducted on the F/V SLIMY WORM. 

This vessel is engaged in fishing 10nm southeast of Galveston, TX. 

There are 4 persons on board (POB). Evidence collected indicates 

that two are U. S. Citizens, one is an alien with a nonimmigrant visa 

as described above, and one is an alien without any documentation 

listed in the MLEM as acceptable for determining citizenship. The 

following personnel were onboard: Bill Norton (Master) U. S. Citizen, 

Steve Johnson (unlicensed seaman) U.S. Citizen, Sally Parks 

(unlicensed seaman) alien nonimmigrant visa as described above, 

and Manuel Ora (unlicensed seaman) alien with a State of Texas ID 

Card. 
The Coast Guard Hearing Office will look for evidence that shows 

that the vessel was a fishing vessel engaged in fisheries in the 

navigable waters of the U.S. or in the EEZ. Without this evidence, 

the jurisdictional elements are not satisfied.

In applying subsection (i)(1), the Coast Guard Hearing Office will 

look for evidence to determine whether each unlicensed seaman on 

the fishing vessel falls within one of the categories (i)(1)(A) through 

(D) of this subsection. If there is an unlicensed seaman on board that 

does not fall within one of these categories, subsection (i)(1) has been 

violated. There may also be a violation of (i)(2) if more than 25% of 

the unlicensed seamen on board a fishing vessel falling within the 

categories (i)(1)(A) through (D) hold the 

nonimmigrant visa described above. This is calculated as follows 

using the example of the F/V SLIMY WORM. 1 (the unlicensed 

seaman falling within category C because she holds a nonimmigrant 

visa described above) divided by 2 (the total number of unlicensed

seamen falling within categories (i)(1)(A)-(D) resulting in 50% of the 

unlicensed seamen that can be counted holding a nonimmigrant visa 

described above. Subsection (i)(2) is violated because 50% is greater 

than the 25% allowed by (i)(2).

This is also a violation of 46 USC (i)(1) because the F/V has one 

illegal unlicensed seaman that does not fit in to categories (i)(1) (A) 

thru (D).
Summary of Current Violation(s)

Law/Regulation Description Recommended 

Penalty

46 USC 

8103(i)(1)

46 USC 

8103(i)(2)

Failure to comply with Citizenship 

requirements for unlicensed seaman 

(failure to fall within categories (A) –

(D).

Exceeded 25% of the total number of 

unlicensed seaman who are allowed to 

be employed under the Immigration 

and Nationality Act.

Consider all 

aggravating, 

extenuating, and 

mitigating factors 

(see note above)

Note: Whether applying subsection 8103(b) or 8103(i), the master 

must be included in the calculation of unlicensed seamen when, and 

only when, the master is not licensed AND falls within the 

categories specified for unlicensed seamen under subsection 8103(b) 

and 8103(i). 

Remember, evidence submitted in the “Narrative Overview of the 

Activity” in the ES must be detailed and support the charges with 

detailed information. It is acceptable to cut and paste the narrative 

from the ASR. The ES and ASR should say the same thing (not 

reflect inconsistencies in the evidence) and both should have an 

electronic signature. 

The different examples listed above are designed to show how 

important it is to categorize the factual elements of the case in 

relation to the citizenship of each person onboard, where the 
violation occurred and what percentage of unlicensed seaman caused 

the violation of the various subsections. The precise development of 

the jurisdictional and factual elements in the narrative, the 

appropriate citation of the law or regulation violated, and the 

complete inclusion of all relevant evidence are the factors that the 

Coast Guard Hearing Office seeks to find for the successful and 

timely adjudication of a case.