dreamproit/uscode huggingface dataset:
46 U.S.C. § 8503 (SHIPPING)
§ 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.)
heading: Editorial Notes
heading: Amendments
text: 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1990 Amendment
text: 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.
heading: Executive Documents
heading: Territorial Sea of United States
text: 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.
46 U.S.C. § 8703 (SHIPPING)
§ 8703. Tankermen on tank vessels
(a) A vessel of the United States to which chapter 37 of this title applies, that has on board oil or hazardous material in bulk as cargo or cargo residue, shall have a specified number of the crew certified as tankermen as required by the Secretary. This requirement shall be noted on the certificate of inspection issued to the vessel.
(b) A vessel to which section 3702(b) of this title applies shall have on board as a crewmember in charge of the transfer operation an individual certified as a tankerman (qualified for the grade of fuel transferred), unless a master, mate, pilot, engineer, or operator licensed under section 7101 of this title is present in charge of the transfer. If the vessel does not have that individual on board, chapter 37 of this title applies to the vessel.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 98–557, § 18, Oct. 30, 1984, 98 Stat. 2869; Pub. L. 115–232, div. C, title XXXV, § 3546(h), Aug. 13, 2018, 132 Stat. 2326.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8703(a)
46:391a(10)(A)
8703(b)
46:391a(10)(C)
8703(c)
46:391a(4)(B)
Section 8703 sets requirements for tankermen on board vessels carrying oil or hazardous material in bulk as cargo or cargo residue.
Subsection (a) requires a specified number of the crew certified as tankermen on board these vessels and a notation be made to that effect on the vessel’s certificate of inspection. A tankerman is an individual who is experienced and trained in the procedures for transferring oil or hazardous material to or from a vessel and is responsible for carrying out these duties and responsibilities.
Subsection (b) authorizes the Secretary to regulate tankermen and restrict the types of oil or hazardous materials on the basis of safety to the vessel and the marine environment.
Subsection (c) requires a tankerman or licensed master, pilot, engineer, or operator to be present and in charge of a transfer of oil or hazardous material on certain vessels in the service of oil exploitation. If this individual is not on board, then the tank vessel requirements of chapter 37 apply to the vessel.
heading: Editorial Notes
heading: Amendments
text: 2018—Subsecs. (b), (c). Pub. L. 115–232 redesignated subsec. (c) as (b).
1984—Subsec. (b). Pub. L. 98–557 struck out subsec. (b) which contained duplicate tankerman manning requirements. See section 7317(a) of this title.
46 U.S.C. § 8704 (SHIPPING)
§ 8704. Alien deemed to be employed in the United States
An alien is deemed to be employed in the United States for purposes of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) if the alien is an unlicensed individual employed on a fishing, fish processing, or fish tender vessel that—
(1) is a vessel of the United States engaged in the fisheries in the navigable waters of the United States or the exclusive economic zone; and
(2) is not engaged in 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).
(Added Pub. L. 100–239, § 5(f)(1), Jan. 11, 1988, 101 Stat. 1781; amended Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)
heading: Editorial Notes
heading: Amendments
text: 1996—Par. (2). Pub. L. 104–208 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1996 Amendment
text: Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.
heading: Construction
text: Pub. L. 100–239, § 5(f)(3), Jan. 11, 1988, 101 Stat. 1781, provided that: “With respect to an alien who is deemed to be employed in the United States under section 8704 of title 46, United States Code (as amended by this subsection), the term ‘date of the enactment of this section’ [translated as “November 6, 1986”] as used in section 274A(i) of the Immigration and Nationality Act [former 8 U.S.C. 1324a(i)] means the date 180 days after the enactment of this section [Jan. 11, 1988].”
46 U.S.C. § 8901 (SHIPPING)
§ 8901. Freight vessels
A freight vessel of less than 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 shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 104–324, title VII, § 733, Oct. 19, 1996, 110 Stat. 3941.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8901
46:390b
Section 8901 requires that a freight vessel of less than 100 gross tons be operated by a licensed individual for that type vessel and for a particular geographic area.
heading: Editorial Notes
heading: Amendments
text: 1996—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 “100 gross tons”.
46 U.S.C. § 8903 (SHIPPING)
§ 8903. Self-propelled, uninspected passenger vessels
A self-propelled, uninspected passenger vessel shall be operated by an individual licensed by the Secretary to operate that type of vessel, under prescribed regulations.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 99–307, § 1(14)(B), (C), May 19, 1986, 100 Stat. 446.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8903
46:1461(e), (f)
Section 8903 requires that an uninspected passenger vessel be operated by a licensed individual for that type of vessel.
heading: Editorial Notes
heading: Amendments
text: 1986—Pub. L. 99–307 substituted “Self-propelled, uninspected” for “Uninspected” in section catchline and “A self-propelled,” for “An” in text.
46 U.S.C. § 8904 (SHIPPING)
§ 8904. Towing vessels
(a) A towing vessel that is at least 26 feet in length measured from end to end over the deck (excluding sheer), shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations.
(b) A vessel that tows a disabled vessel for consideration shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations.
(c) The Secretary may prescribe by regulation requirements for maximum hours of service (including recording and recordkeeping of that service) of individuals engaged on a towing vessel that is at least 26 feet in length measured from end to end over the deck (excluding the sheer).
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 99–640, § 12(a), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 108–293, title IV, § 409(a), Aug. 9, 2004, 118 Stat. 1044.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8904
46:405(b)(2)
Section 8904 requires that a 26-foot or larger towing vessel be operated by a licensed individual for that type of vessel and for a particular geographic area.
heading: Editorial Notes
heading: Amendments
text: 2004—Subsec. (c). Pub. L. 108–293 added subsec. (c).
1986—Pub. L. 99–640 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1986 Amendment
text: Pub. L. 99–640, § 12(b), Nov. 10, 1986, 100 Stat. 3551, provided that: “The amendments made by subsection (a) of this section [amending this section] shall take effect on January 1, 1988.”
heading: Demonstration Project
text: Pub. L. 108–293, title IV, § 409(b), Aug. 9, 2004, 118 Stat. 1045, provided that: “Prior to prescribing regulations under this section [amending this section] the Secretary shall conduct and report to the Congress on the results of a demonstration project involving the implementation of Crew Endurance Management Systems on towing vessels. The report shall include a description of the public and private sector resources needed to enable implementation of Crew Endurance Management Systems on all United States-flag towing vessels.”
46 U.S.C. § 8905 (SHIPPING)
§ 8905. Exemptions
(a) Section 8903 of this title applies to a recreational vessel operated in dealer demonstrations only if the Secretary decides that the application of section 8903 is necessary for recreational vessel safety under section 4302(d) of this title.
(b) Section 8904 of this title does not apply to an oil spill response vessel while engaged in oil spill response or training activities.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 104–324, title VII, § 734, title XI, § 1104(f), Oct. 19, 1996, 110 Stat. 3941, 3967; Pub. L. 111–281, title VI, § 606, Oct. 15, 2010, 124 Stat. 2967.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8905(a)
46:1461(f)
8905(b)
46:405(b)(3)
Section 8905 provides for certain exemptions from the requirements of this chapter.
Subsection (a) exempts dealer demonstration recreational vessels from the licensed operator requirement in section 8903 unless the Secretary decides that safety considerations require the application of that section.
Subsection (b) exempts an offshore supply vessel of less than 200 gross tons from the licensed operator requirement under section 8904 when used in the offshore mineral and oil industry.
heading: Editorial Notes
heading: Amendments
text: 2010—Subsecs. (b), (c). Pub. L. 111–281 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “Section 8904 of this title does not apply to a vessel of less than 200 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 engaged in the offshore mineral and oil industry if the vessel has offshore mineral and oil industry sites or equipment as its ultimate destination or place of departure.”
1996—Subsec. (b). Pub. L. 104–324, § 734, 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 “200 gross tons”.
Subsec. (c). Pub. L. 104–324, § 1104(f), added subsec. (c).
46 U.S.C. § 8906 (SHIPPING)
§ 8906. Penalty
An owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $25,000. The vessel also is liable in rem for the penalty.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 104–324, title III, § 306(b), Oct. 19, 1996, 110 Stat. 3918.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8906
46:390d
Section 8906 prescribes the penalties for violations of this chapter.
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–324 substituted “not more than $25,000” for “$1,000”.
46 U.S.C. § 9102 (SHIPPING)
§ 9102. Standards for tank vessels of the United States
(a) The Secretary shall prescribe standards for the manning of each vessel of the United States to which chapter 37 of this title applies, related to the duties, qualifications, and training of the officers and crew of the vessel, including standards related to—
(1) instruction in vessel and cargo handling and vessel navigation under normal operating conditions in coastal and confined waters and on the high seas;
(2) instruction in vessel and cargo handling and vessel navigation in emergency situations and under marine casualty or potential casualty conditions;
(3) qualifications for licenses by specific type and size of vessels;
(4) qualifications for licenses by use of simulators for the practice or demonstration of marine-oriented skills;
(5) minimum health and physical fitness criteria for various grades of licenses and certificates;
(6) periodic retraining and special training for upgrading positions, changing vessel type or size, or assuming new responsibilities;
(7) decisions about licenses and certificates, conditions of licensing or certification, and periods of licensing or certification by reference to experience, amount of training completed, and regular performance testing; and
(8) instruction in vessel maintenance functions.
(b) The Secretary shall waive the application of criteria required by subsection (a)(5) of this section for an individual having a license or certificate (including a renewal of the license or certificate) in effect on October 17, 1978. When the waiver is granted, the Secretary may prescribe conditions for the license or certificate and its renewal, as the Secretary decides are reasonable and necessary for the safety of a vessel on which the individual may be employed.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 101–380, title IV, § 4114(d), Aug. 18, 1990, 104 Stat. 517.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
9102
46:391a(9)
Section 9102 prescribes manning standards for United States tank vessels.
Subsection (a) requires the Secretary of Transportation to prescribe certain standards for the duties, qualifications, and training of the officers and crew of United States tank vessels.
Subsection (b) provides for a waiver of any health and physical fitness criteria prescribed under subsection (a).
heading: Editorial Notes
heading: Amendments
text: 1990—Par. (8). Pub. L. 101–380 added par. (8).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1990 Amendment
text: 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.
46 U.S.C. § 9308 (SHIPPING)
§ 9308. Penalties
(a) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel knowingly allowing the vessel to be operated in violation of section 9302 of this title is liable to the United States Government for a civil penalty of no more than $10,000 for each day during which the vessel is in violation. The vessel also is liable in rem for the penalty.
(b) An individual who directs the navigation of a vessel in violation of section 9302 of this title is liable to the Government for a civil penalty of no more than $10,000 for each day during which the violation occurs.
(c) A person violating a regulation prescribed under section 9303 of this title is liable to the Government for a civil penalty of no more than $10,000.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 101–380, title IV, § 4108(b), Aug. 18, 1990, 104 Stat. 515.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
9308
46:216e(a)–(c)
Section 9308 prescribes the penalties for violations of sections 9302 and 9303.
heading: Editorial Notes
heading: Amendments
text: 1990—Subsecs. (a) to (c). Pub. L. 101–380 substituted “no more than $10,000” for “$500”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1990 Amendment
text: 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.
46 U.S.C. § 10101 (SHIPPING)
§ 10101. Definitions
In this part—
(1) “master” means the individual having command of a vessel.
(2) “owner” means the person to whom the vessel belongs.
(3) “seaman” means an individual (except scientific personnel, a sailing school instructor, or a sailing school student) engaged or employed in any capacity on board a vessel.
(4) “fishing vessel” includes—
(A) a fish tender vessel; or
(B) 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 98–364, title IV, § 402(13), July 17, 1984, 98 Stat. 449; Pub. L. 98–557, § 33(d), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99–640, § 10(b)(3), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 104–324, title VII, § 736, Oct. 19, 1996, 110 Stat. 3941.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10101
46:713
Section 10101 defines the terms master, seaman, and owner as they apply to merchant seamen’s protection and relief.
heading: Editorial Notes
heading: Amendments
text: 1996—Par. (4)(B). 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”.
1986—Pars. (1), (3). Pub. L. 99–640 struck out “owned by a citizen of the United States” after “vessel”.
1984—Par. (4). Pub. L. 98–364, as amended Pub. L. 98–557, added par. (4).
46 U.S.C. § 10103 (SHIPPING)
§ 10103. Reports
(a) A master of a vessel to which section 8701(a) of this title applies, who engages or discharges a seaman, shall submit reports to the vessel owner in the form, content, and manner of filing as prescribed by regulation, to ensure compliance with laws related to manning and the engagement and discharge of seamen.
(b) This section does not apply to a ferry or towing vessel operated in connection with a ferry operation, employed only in trades other than with foreign ports, lakes, bays, sounds, bayous, canals, or harbors.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 103–206, title IV, § 417, Dec. 20, 1993, 107 Stat. 2438.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10103
46:643(l)
Section 10103 requires that masters who engage or discharge seamen submit to the Coast Guard reports of the manning of the vessel, and reports of shipping agreements which are not supervised by a shipping commissioner. It also contains a number of exceptions for specified vessels.
heading: Editorial Notes
heading: Amendments
text: 1993—Subsec. (a). Pub. L. 103–206 struck out “without a shipping commissioner being present” after “discharges a seaman” and inserted “to the vessel owner” after “shall submit reports”.
46 U.S.C. § 10104 (SHIPPING)
§ 10104. Requirement to report sexual offenses
(a) A master or other individual in charge of a documented vessel shall report to the Secretary a complaint of a sexual offense prohibited under chapter 109A of title 18, United States Code.
(b) A master or other individual in charge of a documented vessel who knowingly fails to report in compliance with this section is liable to the United States Government for a civil penalty of not more than $5,000.
(Added Pub. L. 101–225, title II, § 214(a)(2), Dec. 12, 1989, 103 Stat. 1914.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 10104, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 561, related to regulations, prior to repeal by Pub. L. 101–225, § 214(a)(1).
46 U.S.C. § 10301 (SHIPPING)
§ 10301. Application
(a) Except as otherwise specifically provided, this chapter applies to a vessel of the United States—
(1) on a voyage between a port in the United States and a port in a foreign country (except a port in Canada, Mexico, or the West Indies); or
(2) of at least 75 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 on a voyage between a port of the United States on the Atlantic Ocean and a port of the United States on the Pacific Ocean.
(b) This chapter does not apply to a vessel on which the seamen are entitled by custom or agreement to share in the profit or result of a voyage or to riding gang members.
(c) Unless otherwise provided, this chapter does not apply to a foreign vessel.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 561; Pub. L. 104–324, title VII, § 737, Oct. 19, 1996, 110 Stat. 3941; Pub. L. 109–241, title III, § 312(c)(2), July 11, 2006, 120 Stat. 533.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10301
46:564
46:566
46:574
Section 10301 specifies that vessels on foreign and intercoastal voyages (except for fishing vessels and foreign vessels) are subject to the seamen protection and relief provisions contained in chapter 103.
heading: Editorial Notes
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–241 inserted “or to riding gang members” after “voyage”.
1996—Subsec. (a)(2). 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 “75 gross tons”.