An act to revise, consolidate, and enact certain laws related to vessels and seamen as subtitle II of title 46, United States Code, "Shipping".
PL 98-89 (S.46), enacted 08/26/1983

97 STAT. 500 
PUBLIC LAW 98-89—AUG. 26, 1983 
Aug. 26, 1983 
[S. 46] 
Shipping. 
Enactment as 
subtitle II of title 
46, United States 
Code. 
46 u s e note 
prec. 2101. 
Public Law 98-89 
98th Congress 
An Act 
To revise, consolidate, and enact certain laws related to vessels and seamen as 
subtitle II of title 46, United States Code, "Shipping". 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SUBTITLE II OF TITLE 46, UNITED STATES CODE 
SECTION 1. Certain general and permanent laws of the United 
States, related to vessels and seamen, are revised, consolidated, and 
enacted as title 46, United States Code, "Shipping", as follows: 
TITLE 46—SHIPPING 
SUBTITLE 
Sec. 
I. [Reserved—general] 
101 
II. Vessels and seamen 
2101 
[BALANCE OF TITLE RESERVED] 
SUBTITLE II—VESSELS AND SEAMEN 
PART A—GENERAL PROVISIONS 
Chapter 
Sec. 
21. General 
2101 
23. Operation of vessels generally 
2301 
PART B—INSPECTION AND REGULATION OF VESSELS 
31. General 
3101 
33. Inspection generally 
3301 
35. Carriage of passengers 
3501 
37. Carriage of liquid bulk dangerous cargoes 
3701 
39. Carriage of animals 
3901 
41. Uninspected vessels 
4101 
43. Recreational vessels 
4301 
[PART C—RESERVED FOR LOAD LINES OF VESSELS] 
PART D—MARINE CASUALTIES 
61. Reporting marine casualties 
6101 
63. Investigating marine casualties 
6301 
PART E—LICENSES, CERTIFICATES, AND MERCHANT MARINERS' DOCUMENTS 
71. Licenses and certificates of registry 
7101 
73. Merchant mariners' documents 
7301 
75. General procedures for licensing, certification, and documentation 
7501 
77. Suspension and revocation 
7701 
PART F—MANNING OF VESSELS 
81. General 
8101 
83. Masters and officers 
8301 
85. Pilots 
8501 
87. Unlicensed personnel 
8701 
89. Small vessel manning 
8901 
91. Tank vessel manning standards 
9101 
93. Great Lakes pilotage 
9301 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 501 
PART G—MERCHANT SEAMEN PROTECTION AND REUEF 
101. General 
10101 
103. Foreign and intercoastal voyages 
10301 
105. Coastwise voyages 
10501 
107. Effects of deceased seamen 
10701 
109. Proceedings on unseaworthiness 
10901 
111. Protection and relief 
11101 
113. Official logbooks 
11301 
115. Offenses and penalties 
11501 
PART H—IDENTIFICATION OF VESSELS 
121. Documentation of vessels 
12101 
123. Numbering undocumented vessels 
12301 
PART I—STATE BOATING SAFETY PROGRAMS 
131. Recreational boating safety 
13101 
[PART J—RESERVED FOR MEASUREMENT OF VESSELS] 
PART A—GENERAL PROVISIONS 
CHAPTER 21—GENERAL 
Sec. 
2101. Greneral definitions. 
2102. Limited definitions. 
2103. Superintendence of the merchant marine. 
2104. Delegation. 
2105. Report. 
2106. Liability in rem. 
2107. Civil penalty procedures. 
2108. Refund of penalties. 
2109. Public vessels. 
2110. Fees prohibited. 
2111. Pay for overtime services. 
2112. Authority to change working hours. 
2118. Authority to exempt certain vessels. 
§2101. General deHnitions 
In this subtitle— 
(1) "associated equipment"— 
(A) means— 
(i) a system, accessory, component, or appurtenance 
of a recreational vessel; or 
(ii) a marine safety article intended for use on board 
a recreational vessel; but 
(B) does not include radio equipment. 
(2) "barge" means a non-self-propelled vessel. 
(3) "Boundary Line" means a line established under section 
2(b) of the Act of February 19,1895 (33 U.S.C. 151). 
(4) "Coast Guard" means the organization established and 
continued under section 1 of title 14. 
1
4 U
S
C l. 
(5) "commercial service" includes any type of trade or busi-
ness involving the transportation of goods or individuals, except 
service performed by a combatant vessel. 
(6) "consular officer" means an officer or employee of the 
United States Government designated under regulations to 
grant visas. 
(7) "crude oil" means a liquid hydrocarbon mixture occurring 
naturally in the earth, whether or not treated to render it 
suitable for transportation, and includes crude oil from which 
97 STAT. 502 
PUBLIC LAW 98-89—AUG. 26, 1983 
certain distillate fractions may have been removed, and crude 
oil to which certain distillate fractions may have been added. 
(8) "crude oil tanker" means a tanker engaged in the trade of 
carrying crude oil. 
(9) "discharge", when referring to a substance discharged 
from a vessel, includes spilling, leaking, pumping, pouring, 
emitting, emptying, or dumping, however caused. 
(10) "documented vessel" means a vessel for which a certifi-
cate of documentation has been issued under chapter 121 of this 
Post, p. 584. 
title. 
(11) "fisheries" includes planting, cultivating, catching, 
taking, or harvesting fish, shellfish, marine animals, pearls, 
shells, or marine vegetation at a place in the fishery conserva-
tion zone established by section 101 of the Magnuson Fishery 
Conservation and Management Act of 1976 (16 U.S.C. 1811). 
(12) "foreign vessel" means a vessel of foreign registry or 
operated under the authority of a country except the United 
States. 
(13) "freight vessel" means a motor vessel of more than 15 
gross tons that carries freight for hire, except an oceanographic 
research vessel or an offshore supply vessel. 
(14) "hsizardous material" means a liquid material or sub-
stance that is— 
(A) flammable or combustible; 
(B) designated a hazardous substance under section 311(b) 
of the Federal Water Pollution Control Act (33 U.S.C. 1321); 
or 
(C) designated a hazardous material under section 104 of 
the Hazardous Material Transportation Act (49 U.S.C. 
1803); 
(15) "marine environment" means— 
(A) the navigable waters of the United States and the 
land and resources in and under those waters; 
(B) the waters and fishery resources of an area over 
which the United States asserts exclusive fishery manage-
ment authority; 
(C) the seabed and subsoil of the outer Continental Shelf 
of the United States, the resources of the Shelf, and the 
waters superjacent to the Shelf; and 
(D) the recreational, economic, and scenic values of the 
waters and resources referred to in subclauses (A)-(C) of 
this clause. 
(16) "motor vessel" means a vessel propelled by machinery 
other than steam. 
(17) "nautical school vessel" means a vessel operated by or in 
connection with a nautical school. 
(18) "oceanographic research vessel" means a vessel that the 
, 
Secretary finds is being employed only in instruction in ocean-
ography or limnology, or both, or only in oceanographic or 
limnological research, including those studies about the sea 
such as seismic, gravity meter, and magnetic exploration and 
other marine geophysical or geological surveys, atmospheric 
research, and biological research. 
(19) "offshore supply vessel" means a motor vessel of more 
than 15 gross tons but less than 500 gross tons that regularly 
carries goods, supplies, or equipment in support of exploration, 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 503 
exploitation, or production of offshore mineral or energy 
resources and is not a small passenger vessel. 
(20) "oil" includes oil of any type or in any form, including 
petroleum, fuel oil, sludge, oil refuse, and oU mixed with wastes 
except dredged spoil. 
(21) "passenger"— 
(A) on a passenger vessel, means an individual carried on 
the vessel except— 
(i) the master; or 
(ii) a crewmember. 
(B) on a small passenger vessel, means an individual 
carried on the vessel except— 
(i) the owner or representative of the owner; 
(ii) the master or a crewmember engaged in the 
business of the vessel who has not contributed consider-
ation for carriage and who is paid for services; 
(iii) an employee of the owner of the vessel engaged 
in the business of the owner, except when the vessel is 
operating under a demise charter; 
(iv) an employee of the demise charterer of the vessel 
engaged in the business of the demise charterer; 
(v) a guest on board a vessel that is being operated 
only for pleasure, or a guest on board a sailing school 
vessel, who has not contributed consideration for car-
riage on board; 
(vi) an individual on board a towing vessel of at least 
50 gross tons who has not contributed consideration for 
carriage on board; or 
(vii) a sailing school instructor or sailing school stu-
dent. 
(C) on an offshore supply vessel, means an individual 
carried on the vessel except— 
(i) the owner; 
(ii) a representative of the owner; 
(iii) the master; 
(iv) a crewmember engjaged in the business of the 
vessel who has not contributed consideration for car-
riage on board and who is paid for services on board; 
(v) an employee of the owner, or of a subcontractor to 
the owner, engaged in the business of the owner; 
(vi) a charterer of the vessel; 
(vii) a person with the same relationship to a char-
terer as a person in subclause (ii) or (v) of this subclause 
has to an owner; 
(viii) a person employed in a phase of exploration, 
exploitation, or production of offshore mineral or 
energy resources served by the vessel; or 
(ix) a guest who has not contributed consideration for 
carriage on board. 
(D) on an uninspected passenger vessel, means an individ-
ual carried on the vessel except— 
(i) the owner or representative of the owner; 
(ii) the managing operator; 
(iii) a crewmember engaged in the business of the 
vessel who has not contributed consideration for car-
riage on board and who is paid for services on board; or 
97 STAT. 504 
PUBLIC LAW 98-89—AUG. 26, 1983 
(iv) a guest on board a vessel that is being operated 
only for pleasure who has not contributed considera-
tion for carriage on board. 
(22) "passenger vessel" means a vessel of at least 100 gross 
tons carrying at least one passenger for hire. 
(23) "product carrier" means a tanker engaged in the trade of 
canying oil except crude oil. 
(24) "public vessel" means a vessel that— 
(A) is owned, or demise chartered, and operated by the 
United States (government or a government of a foreign 
country; and 
(B) is not engaged in commercial service. 
(25) "recreational vessel" means a vessel— 
(A) being manufactured or operated primarily for pleas-
ure; or 
(B) leased, rented, or chartered to another for the latter's 
pleasure. 
(26) "recreational vessel manufacturer" means a person 
engaged in the manufacturing, construction, assembly, or im-
portation of recreational vessels, components, or associated 
equipment. 
(27) "sailing instruction" mesms teaching, research, and prac-
tical experience in operating vessels propelled primarily by sail 
and may include any subject related to that operation and to 
the sea, including seamanship, navigation, oceanography, other 
nauticad and marine sciences, and maritime history and 
literature. 
(28) "sailing school instructor" means an individual who is on 
board a sailing school vessel to provide sailing instruction, but 
does not include an operator or crewmember who is among 
those required to be on board the vessel to meet a requirement 
Post, p. 547. 
established under part F of this subtitle. 
(29) "sailing school student" means an individual who is on 
board a sailing school vessel to receive sailing instruction. 
(30) "sailing school vessel" means a vessel— 
(A) that is less than 500 gross tons; 
(B) canying at least 6 individuals who are sailing school 
instructors or sailing school students; 
(C) principally equipped for propulsion by sail, even if the 
vessel has an auxiliary means of propulsion; and 
(D) owned or demise chartered, and operated by an orga-
nization described in section 501(cX3) of the Internal Reve-
nue Code of 1954 (26 U.S.C. 501(cX3)) and exempt from tax 
26 use 501. 
under section 501(a) of that Code, or by a State or political 
subdivision of a State, during times that the vessel is 
operated by the orgemization. State, or political subdivision 
only for sailing instruction. 
(31) "scientific personnel" means individuals on board an 
oceanographic research vessel only to eng£^e in scientific re-
search, or to instruct or receive instruction in oceanography or 
limnology. 
(32) "seagoing barge" means a non-self-propelled vessel of at 
least 100 gross tons making voyages beyond the Boundary Line. 
(33) "seagoing motor vessel" means a motor vessel of at least 
30() gross tons making voyages beyond the Boundary Line. 
(34) "Secretary" means the head of the department in which 
the Coast Guard is operating. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 505 
(35) "small passenger vessel" means a vessel of less than 100 
gross tons carrsdng more than 6 passengers (as defined in clause 
(21) (B) and (C) of this section). 
(36) "State" means a State of the United States, Guam, 
Puerto Rico, the Virgin Islands, American Samoa, the District 
of Columbia, the Northern Mariana Islands, and any other 
territory or possession of the United States. 
(37) *^team vessel" means a vessel propelled in whole or in 
part by steam, except a recreational vessel of not more than 40 
feet in length. 
(38) "tanker" means a self-propelled tank vessel constructed 
or adapted primarily to carry oil or hazardous material in bulk 
in the cargo spaces. 
(39) "tank vessel" means a vessel that is constructed or 
adapted to carry, or that carries, oil or hazardous material in 
bulk as cargo or cargo residue, and that— 
(A) is a vessel of the United States; 
(B) operates on the navigable waters of the United States; 
or 
(C) transfers oil or hazardous material in a port or place 
subject to the jurisdiction of the United States. 
(40) "towing vessel" means a commercial vessel engaged in or 
intending to engage in the service of pulling, pushing, or haul-
ing along side, or any combination of pulling, pushing, or 
hauling along side. 
(41) undocumented" means not having and not required to 
have a document issued under chapter 121 of this title. 
Post, p. 584. 
(42) "uninspected passenger vessel" means an uninspected 
vessel carrying not more than 6 passengers. 
(43) "uninspected vessel" ttieans a vessel not subject to inspec-
tion under section 3301 of this title that is not a recreational 
vessel. 
(44) "United States", when used in a geographic sense, means 
the States of the United States, Guam, Puerto Rico, the Virgin 
Islands, American Samoa, the District of Columbia, the North-
em Mariana Islands, and any other territory or possession of 
the United States. 
(45) "vessel" has the same meaning given that term in section 
3 of title 1. 
1USC3. 
(46) "vessel of the United States" means a vessel documented 
or numbered under the laws of the United States. 
§ 2102. Limited definitions 
In chapters 43 and 123 of this title and part I of this subtitle— Post, pp. 529,590, 
(1) "eligible State" means a State that has a State recrea- ^^'^• 
tional boating safety and facilities improvement program ac-
cepted by the Secretary. 
(2) "State" and "United States", in addition to their meanings 
under section 2101 (36) and (44) of this title, include the Trust 
Territory of the Pacific Islands. 
(3) "State recreationsQ boating facilities 
improvement 
program"— 
(A) means a program to develop or improve public facili-
ties that establish or add to public access to the waters of 
the United States to improve their suitability for recre-
ational boating, including ancillary facilities necessary to 
ensure the safe use of those facilities; and 
97 STAT. 506 
PUBLIC LAW 98-89—AUG. 26, 1983 
(B) includes acquiring title or an interest in riparian or 
submerged land, and the capital improvement of riparian 
or submerged land, to increase public access to the waters 
of the United States. 
(4) "State recreational boating safety and facilities improve-
ment program" means a State recreational boating safety pro-
gram, or a State recreational boating facilities improvement 
program, or both. 
(5) "State recreational boating safety program" means educa-
tion, assistance, and enforcement activities conducted for 
marine casualty prevention, reduction, and reporting for recre-
ational boating. 
§ 2103. Superintendence of the merchant marine 
The Secretary has general superintendence over the merchant 
marine of the United States and of merchant marine personnel 
insofar as the enforcement of this subtitle is concerned and insofar 
as those vessels and personnel are not subject, under other law, to 
the supervision of another ofRcial of the United States Government. 
In the interests of marine safety and seamen's welfare, the Secre-
tary shall enforce this subtitle and shall carry out correctly and 
uniformly administer this subtitle and regulations prescribed under 
this subtitle. 
§ 2104. Delegation 
(a) The Secretary may delegate the duties and powers conferred by 
this subtitle to any officer, employee, or member of the Coast Guard, 
and may provide for the subdelegation of those duties and powers. 
O
t
)
) When this subtitle authorizes an officer or employee of the 
Customs Service to act in place of a Coast Guard official, the 
Secretary may designate that officer or employee subject to the 
approval of the Secretary of the Treasury. 
§ 2105. Report 
The Secretary shall provide for the investigation of the operation 
of this subtitle and of all laws related to marine safety, and shall 
require that a report be made to the Secretary annually about those 
matters that may require improvement or amendment. 
§ 2106. Liability in rem 
When a vessel is made liable in rem under this subtitle, the vessel 
may be libeled and proceeded against in a district court of the 
United States in which the vessel is found. 
§ 2107. Civil penalty procedures 
(a) After notice and an opportunity for a hearing, a person found 
by the Secretary to have violated this subtitle or a regulation 
prescribed under this subtitle for which a civil penalty is provided, is 
liable to the United States Government for the civil penalty pro-
vided. The amount of the civil penalty shall be assessed by the 
Secretary by written notice. In determining the amount of the 
penalty, the Secretary shall consider the nature, circumstances, 
extent, and gravity of the prohibited acts committed and, with 
respect to the violator, the degree of culpability, any history of prior 
offenses, ability to pay, and other matters that justice requires. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 507 
(b) The Secretary may compromise, modify, or remit, with or 
without consideration, a civil penalty under this subtitle until the 
assessment is referred to the Attorney Gleneral. 
(c) If a person fails to pay an assessment of a civil penalty after it Failure to pay 
has become final, the Secretary may refer the matter to the Attor- assessment. 
ney Greneral for collection in an appropriate district court of the 
United States. 
§ 2108. Refund of penalties 
The Secretary may refund or remit a civil penalty collected under 
this subtitle i
f
— 
(1) application has been made for refund or remission of the 
penalty within one year from the date of payment; and 
(2) the Secretary finds that the penrnty was unlawfully, 
improperly, or excessively imposed. 
§ 2109. Public vessels 
This subtitle does not apply to a public vessel of the United States. 
However, this subtitle does apply to a vessel (except a C!oast Guard 
or a Saint Lawrence Seaway Development Corporation vessel) 
owned or operated by the Department of Transportation or by any 
corporation organized or controlled by the Department. 
§ 2110. Fees prohibited 
Fees may not be charged or collected by the Secretary for services 
provided for in this subtitle related to the engagement and discharge 
of seamen, the inspection and examination of vessels, the licensing 
of masters, mates, pilots, and engineers, and the measurement or 
documentation of vessels, except when specifically provided for in 
this subtitle. 
§ 2111. Pay for overtime services 
(a) The Secretary may prescribe a reasonable rate of extra pay for 
overtime services of civilian officers and employees of the Coast 
Guard required to remain on duty between 5 p.m. and 8 a.m., or on 
Sundays or holidays, to perform services related to— 
(1) the inspection of vessels or their equipment; 
(2) the engagement and discharge of crews of vessels; 
(3) the measurement of vessels; and 
(4) the documentation of vessels. 
(b) Except for Sundays and holidays, the overtime rate provided 
under subsection (a) of this section is one-half day's additional pay 
for each 2 hours of overtime (or part of 2 hours of at least one hour). 
The total extra pay may be not more than 2 and one-half days' pay 
for any one period from 5 p.m. to 8 a.m. 
(c) The overtime rate provided under subsection (a) of this section 
for Sundays and holidays is 2 additional days' pay. 
(d) The owner, charterer, managing operator, agent, master, or 
individual in charge of the vessel shall pay the amount of the 
overtime pay provided under this section to the official designated 
by regulation. The official shall deposit the amount paid to the 
Treasury as miscellaneous receipts. Payment to the officer or 
employee entitled to the pay shall be maoe from the annual appro-
priations for salaries and expenses of the Coast Guard. 
(e) The overtime pay provided under this section shall be paid if 
the authorized officers and employees have been ordered to report 
97 STAT. 508 
PUBLIC LAW 98-89—AUG. 26, 1983 
for duty and have reported, even if services requested were not 
performed. 
§ 2112. Authority to change working hours 
In a port at which the customary working hours begin before 8 
a.m. or end after 5 p.m., the Secretary may regulate the working 
hours of the officers and employees referred to in section 2111 of this 
title so that those hours conform to the prevailing working hours of 
the port. However— 
(1) the total period for which overtime pay may be required 
under section 2111 of this title may not be more than 15 hours 
between any 2 periods of ordinary working hours on other than 
Sundays and holidays; 
(2) the length of the working day for the officers and 
employees involved may not be changed; and 
(3) the rate of overtime pay may not be changed. 
§ 2113. Authority to exempt certain vessels 
If the Secretary decides that the application of a provision of part 
Post, pp. 509,547. B or F of this subtitle is not necessary in performing the mission of a 
vessel engaged in excursions or an oceanographic research vessel, 
the Secretary by regulation may— 
(1) for an excursion vessel, issue a special permit specifying 
the conditions of operation and equipment; and 
(2) exempt the oceanographic research vessel from that provi-
sion under conditions the Secretary may specify. 
CHAPTER 23—OPERATION OF VESSELS 
GENERALLY 
Sec. 
2301. Application. 
2302. Penalties for negligent operations. 
2303. Duties related to marine casualty assistance and information. 
2304. Duty to provide assisttmce at sea. 
2305. Injunctions. 
§2301. Application 
This chapter applies to a vessel operated on waters subject to the 
jurisdiction of the United States and, for a vessel owned in the 
United States, on the high seas. 
§ 2302. Penalties for negligent operations 
(a) A person operating a vessel in a negligent manner that endan-
gers the life, limb, or property of a person is liable to the United 
States Government for a civil penalty of not more than $1,000. 
(b) A person operating a vessel in a grossly negligent manner that 
endangers the life, limb, or property of a person shall be fined not 
more than $5,000, imprisoned for not more than one year, or both. 
(c) For a penalty imposed under this section, the vessel also is 
liable in rem unless the vessel is— 
(1) owned by a State or a political subdivision of a State; 
(2) operated principally for governmental purposes; and 
(3) identified clearly as a vessel of that State or subdivision. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 509 
§ 2303. Duties related to marine casualty assistance and informa-
tion 
(a) The master or individual in charge of a vessel involved in a 
marine casualty shall— 
(1) render necessary assistance to each individual affected to 
save that affected individual from danger caused by the marine 
casualty, so far as the master or individual in charge can do so 
without serious danger to the master's or individual's vessel or 
to individuals on board; and 
(2) give the master's or individual's name and address and 
identification of the vessel to the master or individual in charge 
of any other vessel involved in the casualty, to any individual 
injured, and to the owner of any property damaged. 
(b) An individual violating this section or a regulation prescribed Fine and 
under this section shall be fined not more than $1,000 or imprisoned imprisonment. 
for not more than 2 years. The vessel also is liable in rem to the 
United States Government for the fine. 
(c) An individual complying with subsection (a) of this section or 
gratuitously and in good faith rendering assistance at the scene of a 
marine casualty without objection by an individual assisted, is not 
liable for dameiges as a result of rendering assistance or for an act or 
omission in providing or arranging salvage, towage, medical treat-
ment, or other assistance when the individual acts as an ordinary, 
reasonable, and prudent individual would have acted under the 
circumstances. 
§ 2304. Duty to provide assistance at sea 
(a) A master or individual in charge of a vessel shall render 
assistance to any individual found at sea in danger of being lost, so 
far as the master or individual in charge can do so without serious 
danger to the master's or individual's vessel or individuals on board. 
(b) A master or individual violating this section shall be fined not 
more than $1,000, imprisoned for not more than 2 years, or both. 
§2305. lujunctions 
(a) The district courts of the United States have jurisdiction to 
enjoin the negligent operation of vessels prohibited by this chapter 
on the petition of the Attorney General for the United States 
Government. 
(b) When practicable, the Secretary shall— 
Notice. 
(1) give notice to any person against whom an action for 
injunctive relief is considered under this section an opportunity 
to present that person's views; and 
(2) except for a knowing and willful violation, give the person 
a reasonable opportunity to achieve compliance. 
(c) The failure to give notice and opportunity to present views 
under subsection (b) of this section does not preclude the court from 
granting appropriate relief 
PART B—INSPECTION AND REGULATION OF VESSELS 
CHAPTER 31—GENERAL 
Fine and 
imprisonment. 
Sec. 
3101. Authority to suspend inspection. 
97 STAT. 510 
PUBLIC LAW 98-89—AUG. 26, 1983 
§ 3101. Authority to suspend inspection 
When the President decides that the needs of foreign commerce 
require, the President may suspend a provision of this part for a 
foreign-built vessel registered as a vessel of the United States on 
conditions the President may specify. 
CHAPTER 33—INSPECTION GENERALLY 
Sec. 
3301. Vessels subject to inspection. 
3302. Exemptions. 
3303. Reciprocity for foreign vessels. 
3304. Carrying individuals in addition to crew. 
3305. Scope and standards of inspection. 
3306. Regulations. 
3307. Frequency of inspection. 
3308. Examinations. 
3309. Certificate of inspection. 
3310. Records of certification. 
3311. Certificate of inspection required. 
3312. Display of certificate of inspection. 
3313. Compliance with certificate of inspection. 
3314. Expiration of certificate of inspection. 
3315. Disclosure of defects and protection of informants. 
3316. United States classification societies. 
3317. Fees. 
3318. Penalties. 
§ 3301. Vessels subject to inspection 
The following categories of vessels are subject to inspection under 
this part: 
(1) freight vessels. 
(2) nautical school vessels. 
(3) offshore supply vessels. 
(4) passenger vessels. 
(5) sailing school vessels. 
(6) seagoing barges. 
(7) seagoing motor vessels. 
(8) small passenger vessels. 
(9) steam vessels. 
^. . j,. 
(10) tank vessels. 
§ 3302. Exemptions 
(a) A vessel is not excluded from one category only because the 
vessel is— 
(1) included in another category of section 3301 of this title; or 
(2) excluded by this section from another category of section 
3301 of this title. 
(b) A motor vessel engaged in fishing as a regular business, 
including oystering, clamming, crabbing, or the kelp or sponge 
industry, is exempt from section 3301 (1), (4), and (7) of this title. 
(c)(1) Before January 1, 1988, a motor vessel is exempt from 
section 3301 (1), (4), and (7) of this title if the vessel is not more than 
500 gross tons and— 
(A) is a cannery tender or a fishing tender in the salmon or 
crab fisheries of Alaska, Oregon, and Washington; and 
(B) only carries cargo to or from vessels in those fisheries or a 
facility used in processing or assembling fishery products, or 
transports cannery or fishing personnel to or from operating 
locations. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 511 
(2) Before January 1,1988, a vessel is exempt from section 3301 (1), 
(4), (6), and (7) of this title if the vessel is not more than 5,000 gross 
tons and is used only in processing and assembling fishery products 
in the fisheries of Alaska, Oregon, and Washington. 
(d)(1) A motor vessel of less than 150 gross tons, constructed before 
August 23, 1958, is not subject to inspection under section 3301(1) of 
this title if the vessel is owned or demise chartered to a cooperative 
or association that only transports cargo owned by at least one of its 
members on a nonprofit basis between places within the waters of— 
(A) southeastern Alaska shoreward of the Boundary Line; or 
(B) southeastern Alaska shoreward of the Boundary Line 
and— 
(i) Prince Rupert, British Columbia; or 
(ii) waters of Washington shoreward of the Boundary 
Line, via sheltered waters, as defined in article I of the 
treaty dated December 9, 1933, between the United States 49 Stat. 2685. 
and Canada defining certain waters as sheltered waters. 
(2) The transportation authorized under this subsection is limited 
to and from places not receiving annual weekly transportation 
service from any part of the United States by an established water 
common carrier. However, the limitation does not apply to trans-
porting cargo of a character not accepted for transportation by that 
carrier. 
(e) A vessel laid up, dismantled, or out of commission is exempt 
from inspection. 
(f) Section 3301 (4) and (8) of this title does not apply to an 
oceanographic research vessel because it is carrying scientific 
personnel. 
(g)(1) Except when compliance with major structural or major 
equipment requirements is necessary to remove an especially haz-
ardous condition, an offshore supply vessel is not subject to regula-
tions or standards for those requirements if the vessel— 
(A) was operating as an offshore supply vessel before Jan-
uary 2, 1979; or 
(B) was contracted for before January 2, 1979, and entered 
into service as an offshore supply vessel before October 6, 1980. 
(2) After December 31, 1988, this subsection does not apply to an 
offshore supply vessel that is at least 20 years of age. 
(h) An offshore supply vessel operating on January 1, 1979, under 
a certificate of inspection issued by the Secretary, is subject to an 
inspection standard or requirement only if the standard or require-
ment could have been prescribed for the vessel under authority 
existing under law on October 5,1980. 
(i)(l) The Secretary may issue a permit exempting a vessel from Permit issuance, 
any part of the requirements of this part for vessels transporting 
cargo, including bulk fuel, from one place in Alaska to another place 
in Alaska only if the vessel— 
(A) is not more than 300 gross tons; 
(B) is in a condition that does not present an immediate 
threat to the safety of life or the environment; and 
(C) was operating in the waters off Alaska £is of June 1, 1976, 
or the vessel is a replacement for a vessel that was operating in 
the waters off Alaska as of June 1, 1976, if the vessel being 
replaced is no longer in service. 
(2) Except in a situation declared to be an emergency by the 
Secretary, a vessel operating under a permit may not transport 
cargo to or from a place if the cargo could be transported by another 
97 STAT. 512 
PUBLIC LAW 98-89—AUG. 26, 1983 
Civil penalty. 
Post, p. 520. 
16 UST 185; 
TIAS 9700. 
Inspection fees. 
Waiver. 
commercial vessel that is reasonably available and that does not 
require exemptions to operate legally or if the cargo could be readily 
transported by overland routes. 
(3) A permit may be issued for a specific voyage or for not more 
than one year. The permit may impose specific requirements about 
the amount or type of cargo to be carried, manning, the areas or 
specific routes over which the vessel may operate, or other similar 
matters. The duration of the permit and restrictions contained in 
the permit shall be at the sole discretion of the Secretary. 
(4) A designated Coast Guard official who has reason to believe 
that a vessel issued a permit is in a condition or is operated in a 
manner that creates an immediate threat to the safety of life or the 
environment or is operated in a manner that is inconsistent with 
the terms of the permit, may direct the master or individual in 
charge to take immediate and reasonable steps to safeguard life and 
the environment, including directing the vessel to a port or other 
refuge. 
(5) If a vessel issued a permit creates an immediate threat to the 
safety of life or the environment, or is operated in a manner 
inconsistent with the terms of the permit or the requirements of 
paragraph (2) of this subsection, the permit may be revoked. The 
owner, charter, managing operator, agent, master, or individual in 
charge of a vessel issued a permit, that willfully permits the vessel 
to be operated, or operates, the vessel in a manner inconsistent with 
the terms of the permit, is liable to the United States Government 
for a civil penalty of not more than $1,000. 
(j) Notwithstanding another provision of this chapter, the Secre-
tary is not required to inspect or prescribe regulations for a nautical 
school vessel of not more than 15 gross tons— 
(1) when used in connection with a course of instruction 
dealing with any aspect of maritime education or study; and 
(2) operated by— 
(A) the United States Merchant Marine Academy; or 
(B) a State maritime academy assisted under section 1304 
of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295(c)). 
§ 3303. Reciprocity for foreign vessels 
(a) Except as provided in chapter 37 of this title, a foreign vessel of 
a country having inspection laws and standards similar to those of 
the United States and that has an unexpired certificate of inspection 
issued by proper authority of its respective country, is subject only 
to an inspection to ensure that the condition of the vessel's propul-
sion equipment and lifesaving equipment are as stated in its current 
certificate of inspection, A foreign country is considered to have 
inspection laws and standards similar to those of the United States 
when it is a party to an International Convention for Safety of Life 
at Sea to which the United States Government is currently a party. 
A foreign certificate of inspection may be accepted as evidence of 
lawful inspection only when presented by a vessel of a country that 
has by its laws accorded to vessels of the United States visiting that 
country the same privileges accorded to vessels of that country 
visiting the United States. 
(b) The Secretary shall collect and pay to the Treasury the same 
fees for the inspection of foreign vessels carr3dng passengers from 
the United States that a foreign country charges vessels of the 
United States trading to the ports of that country. The Secretary 
may waive at any time the collection of the fees on notice of the 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 513 
proper authorities of any country concerned that the collection of 
fees for the inspection of vessels of the United States has been 
discontinued. 
§ 3304. Carrying individuals in addition to crew 
(a) A documented vessel carrying cargo that carries not more than 
12 individuals in addition to the crew on international voyages, or 
not more than 16 individuals in addition to the crew on other 
voyages, is not subject to inspection as a passenger vessel or a small 
passenger vessel. 
(b) Before an individual in addition to the crew is carried on a 
vessel as permitted by this section, the owner, charterer, managing 
operator, agent, m£ister, or individual in charge of the vessel first 
shall notify the individual of the presence on board of dangerous 
articles as defined by law, and of other conditions or circumstances 
that would constitute a risk of safety to the individual on board. 
(c) The privilege authorized by this section applies to a vessel of a 
foreign country that affords a similar privilege to vessels of the 
United States in trades not restricted to vessels under its own flag. 
§ 3305. Scope and standards of inspection 
(a) The inspection process shall ensure that a vessel subject to 
inspection— 
(1) is of a structure suitable for the service in which it is to be 
employed; 
(2) is equipped with proper appliances for lifesaving, fire 
prevention, and firefighting; 
(3) has suitable accommodations for the crew, sailing school 
instructors, and sailing school students, and for passengers on 
the vessel if authorized to carry passengers; 
(4) is in a condition to be operated with safety to life and 
property; and 
(5) complies with applicable marine safety laws and reg-
ulations. 
(b) If an inspection, or examination under section 3308 of this title, 
reveals that a life preserver, life-saving device, or firehose is defec-
tive and incapable of being repaired, the owner or master shall 
destroy the life preserver or firehose in the presence of the official 
conducting the inspection or examination. 
(c) A nautical school vessel operated by a civilian nautical school 
shall be inspected like a small passenger vessel or a passenger 
vessel, depending on its tonnage. 
§ 3306. Regulations 
(a) To carry out this part and to secure the safety of individuals 
and property on board vessels subject to inspection, the Secretary 
shall prescribe necessary regulations to ensure the proper execution 
of, and to carry out, this part in the most effective manner for— 
(1) the design, construction, alteration, repair, and operation 
of those vessels, including superstructures, hulls, fittings, equip-
ment, appliances, propulsion machinery, auxiliary machinery, 
boilers, unfired pressure vessels, piping, electric installations, 
and accommodations for passengers and crew, sailing school 
instructors, and sailing school students; 
(2) lifesaving equipment and its use; 
(3) firefighting equipment, its use, and precautionary meas-
ures to guard against fire; 
Inspection 
exemption. 
Defective and 
unrepairable 
safety devices. 
1 1 - 1 9 4 O -
18 
QL 3 
97 STAT. 514 
PUBLIC LAW 98-89—AUG. 26, 1983 
(4) inspections and tests related to clauses (l)-(3) of this 
subsection; and 
(5) the use of vessel stores and other supplies of a dangerous 
nature. 
(b) Equipment subject to regulation under this section may not be 
used on any vessel without prior approval as prescribed by 
regulation. 
(c) In prescribing regulations for sailing school vessels, the Secre-
tary shall consult with representatives of the private sector having 
experience in the operation of vessels likely to be certificated as 
sailing school vessels. The regulations shall— 
(1) reflect the specialized nature of sailing school vessel opter-
ations, and the character, design, and construction of vessels 
operating as sailing school vessels; and 
(2) include requirements for notice to sailing school instruc-
tors and sailing school students about the specialized nature of 
sailing school vessels and applicable safety regulations. 
(d) In prescribing regulations for nautical school vessels operated 
by the United States Merchant Marine Academy or by a State 
maritime academy (as defined in section 1302(3) of the Merchant 
Marine Act, 1936 (46 App. U.S.C. 1295a(3))), the Secretary shall 
consider the function, purpose, and operation of the vessels, their 
routes, and the number of individuals who may be carried on the 
vessels. 
Suspensions or 
(e) When the Secretary finds it in the public interest, the Secre-
exemptions. 
^jy jjj^^y suspend or grant exemptions from the requirements of a 
regulation prescribed under this section related to lifesaving and 
firefighting equipment, muster lists, ground tackle and hawsers, and 
bilge systems. 
(f) In prescribing regulations for offshore supply vessels, the Secre-
tary shall consider the characteristics, methods of operation, and 
the nature of the service of offshore supply vessels. 
§ 3307. Frequency of inspection 
Each vessel subject to inspection under this part shall undergo an 
initial inspection for certification before being put into service. After 
being put into service— 
(1) each passenger vessel and nautical school vessel shall be 
inspected at least once a year; 
(2) each small passenger vessel, freight vessel or offshore 
supply vessel of less than 100 gross tons, and sailing school 
vessel shall be inspected at least once every 3 years; and 
(3) any other vessel shall be inspected at least once every 2 
years. 
§3308. Examinations 
In addition to inspections required by section 3307 of this title, the 
Secretary shall examine— 
(1) each vessel subject to inspection at proper times to ensure 
compliance with law and regulations; and 
(2) crewmember accommodations on each vessel subject to 
inspection at least once a month or when the vessel enters 
United States ports to ensure that the accommodations are— 
(A) of the size required by law and regulations; 
(B) properly ventilated and in a clean and sanitary condi-
tion; and 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 515 
(C) equipped with proper plumbing and mechanical appli-
ances required by law and regulations, and the appliances 
are in good working condition. 
§ 3309. Certiflcate of inspection 
(a) When an inspection under section 3307 of this title has been 
made and a vessel has been found to be in compliance with the 
requirements of law and regulations, a certificate of inspection, in a 
form prescribed by the Secretary, shall be issued to the vessel. 
(b) The Secretary may issue a temporary certificate of inspection 
in place of a regular certificate of inspection issued under subsection 
(a) of this section. 
§ 3310. Records of certification 
The Secretary shall keep records of certificates of inspection of 
vessels and of all acts in the examination and inspection of vessels, 
whether of approval or disapproval. 
§ 3311. Certificate of inspection required 
A vessel subject to inspection under this part may not be operated 
without having on board a valid certificate of inspection issued 
under section 3309 of this title. 
§ 3312. Display of certificate of inspection 
The certificate of inspection issued to a vessel under section 3309 
of this title shall be displayed, suitably framed, in a conspicuous 
place on the vessel. When it is not practicable to so display the 
certificate, it shall be carried in the manner prescribed by 
regulation. 
§ 3313. Compliance with certificate of inspection 
(a) During the term of a vessel's certificate of inspection, the 
vessel must be in compliance with its conditions, unless relieved by 
a suspension or an exemption granted under section 3306(e) of this 
title. 
(h) When a vessel is not in compliance with its certificate or fails 
to meet a standard prescribed by this part or a regulation prescribed 
under this part— 
(1) the owner, charterer, managing operator, agent, master, or 
individual in charge shall be ordered in writing to correct the 
noted deficiencies promptly; 
(2) the Secretary may permit any repairs to be made at a 
place most convenient to the owner, charterer, or managing 
operator when the Secretary decides the repairs can be made 
with safety to those on board and the vessel; 
(3) the vessel may be required to cease operating at once; and 
(4) if necessary, the certificate shall be suspended or revoked. 
(c) The vessel's certificate of inspection shall be revoked if a 
condition unsafe to life that is ordered to be corrected under this 
section is not corrected at once. 
(d) The owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel whose certificate has been suspended 
or revoked shall be given written notice immediately of the suspen-
sion or revocation. The owner or master may appeal to the Secretary Appeal to 
the suspension or revocation within 30 days of receiving the notice. Secretary, 
as provided by regulations prescribed by the Secretary. 
97 STAT. 516 
PUBLIC LAW 98-89—AUG. 26, 1983 
Post, p. 538. 
Issuances by 
American 
Bureau 
of Shipping. 
Appointment of 
representatives 
to Bureau. 
C!ompensation. 
§ 3314. Expiration of certiflcate of inspection 
(a) If the certificate of inspection of a vessel expires when the 
vessel is on a foreign voyage, the vessel may complete the voyage to 
a port of the United States within 30 days of the expiration of the 
certificate without incurring the penalties for operating without a 
certificate of inspection. 
(b) If the certificate of inspection would expire within 15 days of 
sailing on a foreign voyage from a United States port, the vessel 
shall secure a new certificate of inspection before sailing, unless the 
voyage is scheduled to be completed prior to the expiration date of 
the certificate. If a voyage scheduled to be completed in that time is 
not so completed, the applicable penalties may be enforced unless 
the failure to meet the schedule was beyond the control of the 
owner, charterer, managing operator, agent, master, or individual in 
charge of the vessel. 
(c) When the certificate of inspection of a foreign vessel carrjdng 
passengers, operated on a regularly established line, expires at sea 
after leaving the country to which it belongs or when the vessel is in 
the United States, the Secretary may permit the vessel to sail on its 
regular route without further inspection than would have been 
required had the certificate not expired. This permission applies 
only when the vessel will be regularly inspected and issued a 
certificate before the vessel's next return to the United States. 
§ 3315. Disclosure of defects and protection of informants 
(a) Each individual licensed under part E of this subtitle shall 
assist in the inspection or examination under this part of the vessel 
on which the individual is serving, and shall point out defects and 
imperfections known to the individual in matters subject to regula-
tions and inspection. The individual also shall maJce known to 
officials designated to enforce this part, at the earliest opportunity, 
any marine casualty producing serious injury to the vessel, its 
equipment, or individuals on the vessel. 
(b) An official may not disclose the name of an individual provid-
ing information under this section, or the source of the information, 
to a person except a person authorized by the Secretary. An official 
violating this subsection is liable to disciplinary action under appli-
cable law. 
§ 3316. United States classification societies 
(a) In carr3dng out this part, the Secretary may rely on reports, 
documents, and certificates issued by the American Bureau of Ship-
ping or a similar United States classification society, or an agent of 
the Bureau or society. 
(b) Each department, agency, and instrumentality of the United 
States Government shall recognize the Bureau as its agent in classi-
fying vessels owned by the Government and in matters related to 
classification, as long as the Bureau is maintained as an organiza-
tion having no capital stock and pajdng no dividends. The Secretary 
and the Secretary of Transportation each shall appoint one repre-
sentative (except when the Secretary is the Secretary of Transporta-
tion, in which case the Secretary shall appoint both representatives) 
who shall represent the Government on the executive committee of 
the Bureau. The Bureau shall agree that the representatives shall 
be accepted by it as active members of the committee. The repre-
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 517 
sentatives shall serve without compensation, except for necessary 
traveling expenses. 
(cXD To the maximum extent practicable, the Secretary may 
delegate to the Bureau or a similar United States classification 
society, or an agent of the Bureau or society, the inspection or 
examination, in the United States or in a foreign country, of a vessel 
documented or to be documented £is a vessel of the United States. 
The Bureau, society, or agent may issue the certificate of 
inspection required by this part and other certificates essential to 
documentation. 
(2) When an inspection or examination has been delegated under 
this subsection, the Secretary's delegate— 
(A) shall maintain in the United States complete files of all 
information derived from or necessarily connected with the 
inspection or examination for at least 2 years after the vessel 
ceases to be certified; and 
(B) shall permit access to those files at £ill reasonable times 
to any officer, employee, or member of the Coast Guard 
designated— 
(i) as a marine inspector and serving in a position as a 
marine inspector; or 
(ii) in writing by the Secretary to have access to those 
files. 
(d) The Secretary also may make an agreement with or use the 
Bureau or a similar United States classification society, or an agent 
of the Bureau or society, for reviewing and approving plans required 
for issuing a certificate of inspection. 
§ 3317. Fees 
(a) The Secretary may prescribe by regulation fees for inspecting 
or examining a small passenger vessel or a sailing school vessel. 
(b) When an inspection or examination under this chapter of a 
documented vessel is conducted at a foreign port or place at the 
request of the owner or managing operator of the vessel, the owner 
or operator shall reimburse the Secretary for the travel and subsist-
ence expenses incurred by the personnel assigned to perform the 
inspection or examination. Amounts received as reimbursement for 
these expenses shall be credited to the appropriation for operating 
expenses of the Coast Guard. 
§ 3318. Penalties 
(a) The owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel operated in violation of this part or a 
regulation prescribed under this part, and a person violating a 
regulation that applies to a small passenger vessel, freight vessel of 
less than 100 gross tons, or sailing school vessel, are liable to the 
United States Government for a civil penalty of $1,000, except that 
when the violation involves operation of a barge, the penalty is $500. 
The vessel also is liable in rem for the penalty. 
(b) A person that knowingly manufactures, sells, offers for sale, or 
possesses with intent to sell, any equipment subject to this part, and 
the equipment is so defective as to be insufficient to accomplish the 
purpose for which it is intended, shall be fined not more than 
$10,000, imprisoned for not more than 5 years, or both. 
(c) A person that employs a means or device whereby a boiler may 
be subjected to a pressure greater than allowed by the terms of the 
Delegation of 
inspection or 
examination. 
Plans, 
review and 
approval. 
97 STAT. 518 
PUBLIC LAW 98-89—AUG. 26, 1983 
vessel's certificate of inspection shall be fined not more than $2,000, 
imprisoned for not more than 5 years, or both. 
(d) A person that deranges or hinders the operation of any ma-
chinery or device employed on a vessel to denote the state of steam 
or water in any boiler or to give warning of approaching danger, or 
permits the water level of any boiler when in operation of a vessel to 
fall below its prescribed low-water line, shall be fined not more than 
$2,000, imprisoned for not more than 5 years, or both. 
(e) A person that alters, defaces, obliterates, removes, or destroys 
any plans or specifications required by and approved under a regula-
tion prescribed under section 3306 of this title, with intent to deceive 
or impede any official of the United States in carrying out that 
official's duties, shall be fined not more than $2,000, imprisoned for 
not more than 2 years, or both. 
(f) A person shall be fined not less than $1,000 but not more then 
$5,000, and imprisoned for not less than 2 years but not more then 5 
years, if the person— 
(1) forges or counterfeits with intent to make it appear genu-
ine any mark or stamp prescribed for material to be tested and 
approved under section 3306 of this title or a regulation pre-
scribed under section 3306; 
(2) knowingly uses, affixes, or causes to be used or affixed, any 
such forged or counterfeited mark or stamp to or on material of 
any description; 
(3) with fraudulent intent, possesses any such mark, stamp, or 
other device knowing it to be forged or counterfeited; or 
(4) with fraudulent intent, marks or causes to be marked with 
the trademark or name of another, material required to be 
tested and approved under section 3306 of this title or a regula-
tion prescribed under section 3306. 
(g) A person shall be fined not more than $10,000, imprisoned for 
not more than one year, or both, if the person— 
(1) interferes with the inspection of a nautical school vessel; 
(2) violates a regulation prescribed for a nautical school 
vessel; 
(3) is an owner of a nautical school vessel operated in violation 
of this part; or 
(4) is an officer or member of the board of directors of a school, 
organization, association, partnership, or corporation owning a 
nautical school vessel operated in violation of a regulation 
prescribed for a nautical school vessel. 
(h) An owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel that fails to give the notice required 
by section 3304(b) of this title is liable to the United States Govern-
ment for a civil penalty of not more than $500. The vessel also is 
liable in rem for the penalty. 
CHAPTER 35—CARRIAGE OF PASSENGERS 
Sec. 
3501. Number of passengers. 
3502. List or count of passengers. 
3503. Fire-retardant materials. 
3504. Notification to passengers. 
3505. Prevention of departure. 
3506. Copies of laws. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 519 
Fine and 
imprisonment. 
§ 3501. Number of passengers 
(a) Each certificate of inspection issued to a vessel canying pas-
sengers (except a ferry), shall include a statement on the number of 
passengers that the vessel is permitted to carry. 
(b) Tlie owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel is liable to a person suing them for 
carrjdng more passengers than the number of passengers permitted 
by the certificate of inspection in an amount equal to— 
(1) passage money; and 
(2) $100 for each passenger in excess of the number of passen-
gers permitted. 
(c) An owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel that knowingly violates subsection 
O
b
) of this section also shall be fined not more than $100, imprisoned 
for not more than 30 days, or both. 
(d) The vessel also is liable in rem for a penalty under this section. 
(e) An offshore supply vessel may not carry passengers except in 
an emergency. 
§ 3502. List or count of passengers 
(a) The owner, charterer, managing operator, master, or indi-
vidual in charge of the following categories of vessels carr3dng 
passengers shall keep a correct list of passengers received and 
delivered from day to day: 
(1) vessels arriving from foreign ports (except at United States 
Great Lakes ports from Canadian Great Lakes ports). 
(2) seagoing vessels in the coastwise trade. 
(3) passenger vessels making voyages of more than 300 miles 
on the Great Lakes except from a Canadian to a United States 
port. 
(b) The master of a vessel carrsdng passengers (except a vessel 
listed in subsection (a) of this section) shall keep a correct count of 
all passengers received and delivered. 
(c) Lists and counts required under this section shall be open to 
the inspection of designated officials of the Coast Guard and the 
Customs Service at all times. The total number of passengers shall 
be provided to the Coast Guard when requested. 
(d) This section applies to a foreign vessel arriving at a United 
States port. 
(e) The owner, charterer, managing operator, master, or Individ- Civil penalty. 
ual in charge of a passenger vessel failing to make a list or count of 
passengers as required by this section is liable to the United States 
Government for a civil penalty of $100. The vessel also is liable in 
rem for the penalty. 
§ 3503. Fire-retardant materials 
A passenger vessel of the United States having berth or stateroom 
accommodations for at least 50 passengers shall be granted a certifi-
cate of inspection only if the vessel is constructed of 
fire-retardant 
materials. Before November 1, 1988, this section does not apply to a 
vessel operating only on the inland rivers. 
§ 3504. Notiflcation to passengers 
(a) A person selling passage on a foreign or domestic passenger 
vessel having berth or stateroom accommodations for at least 50 
passengers and embarking passengers at United States ports for a 
97 STAT. 520 
PUBLIC LAW 98-89—AUG. 26, 1983 
Promotional 
literature or 
advertising. 
Civil penalty. 
16 UST 185; 
TIAS 9700. 
Civil penalty. 
coastwise or an international voyage shall notify each prospective 
passenger of the safety standards applicable to the vessel in a 
manner prescribed by r^ulation. 
(b) All promotional literature or advertising through any medium 
of communication in the United States offering passage or soliciting 
passengers for ocean voyages anywhere in the world shall include 
information similar to the information described in subsection (a) of 
this section, and shall specify the registry of each vessel named, as a 
part of the advertisement or description of the voyage. Except for 
the inclusion of the country of registry of the vessel, this subsection 
does not apply to voyages by vessels meeting the safety standards 
described in section 3505 of this title. 
(c) A person violating this section or a r^ulation prescribed under 
this section is liable to the United States Government for a civil 
penalty of not more than $10,000. If the violation involves the sale of 
tickets for passage, the owner, charterer, managing operator, agent, 
master, individual in charge, or any other person involved in each 
violation also is liable to the Government for a civil penalty of $500 
for each ticket sold. The vessel on which passage is sold also is liable 
in rem for a violation of this section or a regulation prescribed under 
this section. 
§3505. Prevention of departure 
Notwithstanding section 3303(a) of this title, a foreign or domestic 
vessel of more than 100 gross tons having berth or stateroom 
accommodations for at least 50 passengers may not depart from a 
United States port with passengers who are embarked at that port, 
if the Secretary finds that the vessel does not comply with the 
standards stated in the International Convention for the Safety of 
Life at Sea to which the United States Government is currently a 
party. 
§3506. Copies of laws 
A master of a passenger vessel shall keep on board a copy of this 
subtitle, to be provided by the Secretary at reasonable cost. If the 
master fails to do so, the master is liable to the United States 
Government for a civil penalty of $200. 
CHAPTER 37—CARRIAGE OF LIQUID BULK 
DANGEROUS CARGOES 
Sec. 
3701. Definitions. 
3702. Application. 
3703. Regulations. 
3704. Coastwise trade vessels. 
3705. Crude oil tanker minimum standards. 
3706. Product carrier minimum standards. 
3707. Tanker minimum standards. 
3708. Self-propelled tank vessel minimum standards. 
3709. Exemptions. 
3710. Evidence of compliance by vessels of the United States. 
3711. Evidence of compliance by foreign vessels. 
3712. Notification of noncompli£mce. 
3713. Prohibited acts. 
3714. Inspection and examination. 
3715. Lightering. 
3716. Tank washings. 
3717. Marine safety information system. 
3718. Penalties. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 521 
§ 3701. Definitions 
In this chapter— 
(1) "existing", when referring to a type of vessel to which this 
chapter applies, means a vessel that is not a new vessel. 
(2) "major conversion" means a conversion of an existing 
vessel that substantially changes the dimensions or carrying 
capacity of the vessel or changes the type of vessel or substan-
tially prolongs its life or that otherwise so changes the vessel 
that it is essentially a new vessel, as decided by the Secretary. 
(3) "new", when referring to a t5rpe of vessel to which this 
chapter applies, means a vessel— 
(A) for which the building contract is placed after June 1, 
1979; 
(B) in the absence of a building contract, the keel of which 
is laid, or which is at a similar stage of construction, after 
January 1,1980; 
(C) the delivery of which is after June 1,1982; or 
(D) that has undergone a major conversion under a con-
tract made after June 1, 1979, or construction work that 
began after January 1,1980, or was completed after June 1, 
1982. 
(4) "person" means an individual (even if not a citizen or 
national of the United States), a corporation, partnership, asso-
ciation, or other entity (even if not organized or existing under 
the laws of a State), the United States Government, a State or 
local government, a government of a foreign country, or an 
entity of one of those governments. 
(5) "State", in addition to its meaning under section 2101(36) 
of this title, includes the Trust Territory of the Pacific Islands. 
(6) "United States", in addition to its meaning under section 
2101(44) of this title, includes the Trust Territory of the Pacific 
Islands. 
§ 3702. Application 
(a) Subject to subsections (b)-(e) of this section, this chapter 
applies to a tank vessel. 
(b) This chapter does not apply to a documented vessel that would 
be subject to this chapter only because of the transfer of fuel from 
the fuel supply tanks of the vessel to offshore drilling or production 
facilities in the oil industry if the vessel is— 
(1) not more than 500 gross tons; 
(2) not a tanker; and 
(3) in the service of oil exploitation. 
(c) This chapter does not apply to a cannery tender, fishing tender, 
or fishing vessel of not more than 500 gross tons, used in the salmon 
or crab fisheries of Alaska, Oregon, or Washington, when engaged 
only in the fishing industry. 
(d) This chapter does not apply to a vessel of not more than 5,000 
gross tons used in processing and assembling fishery products of the 
fisheries of Alaska, Oregon, and Washington. However, the vessel is 
subject to regulation by the Secretary when carrying flammable or 
combustible liquid cargo in bulk. 
(e) This chapter does not apply to a foreign vessel on innocent 
passage on the navigable waters of the United States. 
97 STAT. 522 
PUBLIC LAW 98-89—AUG. 26, 1983 
Procedures for 
consultation 
and 
consideration 
of views. 
Noncompliance. 
§3703. Regulations 
(a) The Secretary shall prescribe regulations for the design, con-
struction, alteration, repair, maintenance, operation, equipping, per-
sonnel qualification, and manning of vessels to which this chapter 
applies, that may be necessary for increased protection against 
hazards to life and property, for navigation and vessel safety, and 
for enhanced protection of the marine environment. The Secretary 
may prescribe different regulations applicable to vessels engaged in 
the domestic trade, and also may prescribe regulations that exceed 
standards set internationally. Regulations prescribed by the Secre-
tary under this subsection are in addition to regulations prescribed 
under other laws that may apply to any of those vessels. Regulations 
prescribed under this subsection shall include requirements about— 
(1) superstructures, hulls, cargo holds or tanks, fittings, equip-
ment, appliances, propulsion machinery, auxiliary machinery, 
and boilers; 
(2) the handling or stowage of cargo, the manner of handling 
or stowage of cargo, and the machinery and appliances used in 
the handling or stowage; 
(3) equipment and appliances for lifesaving, fire protection, 
and prevention and mitigation of damage to the marine 
environment; 
(4) the manning of vessels and the duties, qualifications, and 
training of the officers and crew; 
(5) improvements in vessel maneuvering and stopping ability 
and other features that reduce the possibility of marine 
casualties; 
(6) the reduction of cargo loss if a marine casualty occurs; and 
(7) the reduction or elimination of discharges during ballaist-
ing, deballasting, tank cleaning, cargo handling, or other such 
activity. 
(b) In prescribing regulations under subsection (a) of this section, 
the Secretary shall consider the types and grades of cargo permitted 
to be on board a tank vessel. 
(c) In prescribing regulations under subsection (a) of this section, 
the Secretary shall establish procedures for consulting with, and 
receiving and considering the views o
f
— 
(1) interested departments, agencies, and instrumentalities of 
the United States Government; 
(2) officials of State and local governments; 
(3) representatives of port and harbor authorities and 
associations; 
(4) representatives of environmental groups; and 
(5) other interested parties knowledgeable or experienced in 
dealing with problems involving vessel ssifety, port and water-
ways safety, and protection of the marine environment. 
§ 3704. Coastwise trade vessels 
A segregated ballast tank, a crude oil washing system, or an inert 
gas system, required by this chapter or a regulation prescribed 
under this chapter, on a vessel entitled to engage in the coastwise 
trade under section 27 of the Merchant Marine Act, 1920 (46 App. 
U.S.C. 883), shall be installed in the United States (except the trust 
territories). A vessel failing to comply with this section may not 
engage in the coastwise trade. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 523 
§ 3705. Crude oil tanker minimum standards 
(a) A new crude oil tanker of at least 20,000 deadweight tons shall 
be equipped with— 
(1) protectively located segregated ballast tanks; 
(2) a crude oil washing system; and 
(3) a cargo tank protection system consisting of a fixed deck 
froth system and a fixed inert gas system. 
(bXl) An existing crude oil tanker of at least 40,000 deadweight 
tons shall be equipped with— 
(A) segregated ballast tanks; or 
(B) a crude oil washing system. 
(2) Compliance with paragraph (1) of this subsection may be 
delayed until June 1, 1985, for any tanker of less than 70,000 
deadweight tons that has dedicated clean ballast tanks. 
(c) An existing crude oil tanker of at least 20,000 deadweight tons 
but less than 40,000 deadweight tons, and at least 15 years of age, 
shall be equipped with segregated ballast tanks or a crude oil 
washing system before January 2, 1986, or the date on which the 
tanker reaches 15 years of age, whichever is later. 
(d) An existing crude oil tanker of at least 20,000 deadweight tons 
shall be equipped with an inert gas system. However, for a crude oil Exemption. 
tanker of less than 40,000 deadweight tons not fitted with high 
capacity tank washing machines, the Secretary may grant an 
exemption if the vessel's owner can show clearly that compliance 
would be unreasonable and impracticable due to the vessel's design 
characteristics. 
(e) A crude oil tanker engaged in transferring oil from an offshore 
oil exploitation or production facility on the Outer Continental Shelf 
of the United States shall be equipped with segregated ballast tanks, 
or may operate with dedicated clean ballast tanks or special ballast 
arrangements. However, the tanker shall comply with other applica-
ble minimum standards of this section. 
§ 3706. Product carrier minimum standards 
(a) A new product carrier of at least 30,000 deadweight tons shall 
be equipped with protectively located segregated ballast tanks. 
(b) A new product carrier of at least 20,000 deadweight tons shall 
be equipped with a cargo tank protection system consisting of a 
fixed deck froth system and a fixed inert gas system or, if the 
product carrier carries dedicated products incompatible with the 
cargo tank protection system, an alternate protection system au-
thorized by the Secretary. 
(c) An existing product carrier of at least 40,000 deadweight tons 
shall be equipped with segregated ballast tanks or may operate with 
dedicated clean ballast tanks. 
(d) An existing product csirrier of at least 20,000 deadweight tons 
but less than 40,000 deadweight tons, and at least 15 years of age, 
shall be equipped with segregated ballast tanks or may operate with 
dedicated clean ballast tanks before January 2, 1986, or the date on 
which it reaches 15 years of age, whichever is later. 
(e) An existing product carrier of at least 40,000 deadweight tons, 
or an existing product carrier of at least 20,000 deadweight tons but 
less than 40,000 deadweight tons that is fitted with high-capacity 
tank washing machines, shall be equipped with an inert gas system. 
97 STAT. 524 
PUBLIC LAW 98-89—AUG. 26, 1983 
§ 3707. Tanker minimuin standards 
(a) A new tanker of at least 10,000 gross tons shall be equipped 
with— 
(1) 2 remote steering gear control systems operable separately 
from the navigating bridge; 
(2) the main steering gear control in the steering gear 
compartment; 
(3) means of communications and rudder angle indicators on 
the navigating bridge, a remote steering gear control station, 
and the steering gear compartment; 
(4) at least 2 identical and adequate power units for the main 
steering gear; 
(5) an alternative and adequate power supply, either from an 
emergency source of electrical power or from another independ-
ent source of power located in the steering gear compartment; 
and 
(6) means of automatic starting and stopping of power units 
with attendant alarms at all steering stations. 
(b) An existing tanker of at least 10,000 gross tons shall be 
equipped with— 
(1) 2 remote steering gear control systems operable separately 
from the navigating bridge; 
(2) the main steering gear control in the steering gear com-
psutment; and 
(3) means of communications and rudder angle indicators on 
the navigating bridge, a remote steering gear control station, 
and the steering gear compartment. 
§ 3708. Self-propelled tank vessel minimum standards 
A self-propelled tank vessel of at least 10,000 gross tons shall be 
equipped with— 
(1) a dual radar system with short-range and long-range 
capabilities, each with true-north features; 
(2) an electronic relative motion analyzer that is at least 
functionally equivalent to equipment complying with specifica-
tions established by the Secretary of Transportation; 
(3) an electronic position-fixing device; 
(4) adequate communications equipment; 
(5) a sonic depth finder; 
(6) a gyrocompass; and 
(7) up-to-date charts. 
§3709. Exemptions 
The Secretary may exempt a vessel from the minimum require-
ments established by sections 3704-3706 of this title for segregated 
ballast, crude oil washing, and dedicated clean ballast if the Secre-
tary decides that shore-based reception facilities are a preferred 
method of handling ballast and that adequate facilities are readily 
available. 
§3710. Evidence of compliance by vessels of the United States 
(a) A vessel of the United States to which this chapter applies that 
has on board oil or hazardous material in bulk as cargo or cargo 
residue must have a certificate of inspection issued under this part, 
endorsed to indicate that the vessel complies with regulations pre-
scribed under this chapter. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 525 
(b) Each certificate endorsed under this section is valid for not 
more than 24 months and may be renewed as specified by the 
Secretary. In appropriate circumstances, the Secretary may issue a 
temporary certificate valid for not more than 30 days. A certificate 
shall be suspended or revoked if the Secretary finds that the vessel 
does not comply with the conditions under which the certificate was 
issued. 
§ 3711. Evidence of compliance by foreign vessels 
(a) A foreign vessel to which this chapter applies may operate on 
the navigable waters of the United States, or transfer oil or hazard-
ous material in a port or place under the jurisdiction of the United 
States, only if the vessel has been issued a certificate of compliance 
by the Secretary. The Secretary may issue the certificate only after 
the vessel has been examined and found to be in compliance with 
this chapter and regulations prescribed under this chapter. The 
Secretary may accept any part of a certificate, endorsement, or 
document, issued by the government of a foreign country under a 
treaty, convention, or other international agreement to which the 
United States is a party, as a basis for issuing a certificate of 
compliemce. 
(b) A certificate issued under this section is valid for not more 
than 24 months and may be renewed as specified by the Secretary. 
In appropriate circumstances, the Secretary may issue a temporary 
certificate valid for not more than 30 days. 
(c) A certificate shall be suspended or revoked if the Secretary 
finds that the vessel does not comply with the conditions under 
which the certificate was issued. 
§ 3712. Notification of noncompliance 
The Secretary shall notify the owner, charterer, managing opera-
tor, agent, master, or individual in charge of a vessel found not to be 
in compliance with a regulation prescribed under this part and state 
how compliance may be achieved. 
§ 3713. Prohibited acts 
(a) A person may not— 
(1) violate this chapter or a regulation prescribed under this 
chapter; 
(2) refuse to permit any official, authorized by the Secretary 
to enforce this chapter, to board a vessel or to enter a shore 
area, place, or premises, under a person's control to make an 
inspection under this chapter; or 
(3) refuse to obey a lawful directive issued under this chapter. 
(b) A vessel to which this chapter applies may not— 
(1) operate on the navigable waters of the United States or use 
a port or place subject to the jurisdiction of the United States 
when not in compliance with this chapter or a regulation 
prescribed under this chapter; 
(2) fail to comply with a lawful directive issued under this 
chapter; or 
(3) carry a type or grade of oil or hazardous material in bulk 
as cargo or cargo residue unless its certificate is endorsed to 
allow that carriage. 
Temporary 
certificate. 
Temporary 
certificate. 
97 STAT. 526 
PUBLIC LAW 98-89—AUG. 26, 1983 
Contracts. 
Regulations 
on fees. 
Necessary 
documents. 
Regulations. 
§ 3714. Inspection and examination 
(a)(1) The Secretary shall have each vessel to which this chapter 
applies inspected or examined at least once each year. 
(2) Each of those vessels that is more than 10 years of age shall 
undergo a special and detailed inspection of structural strength and 
hull integrity as specified by the Secretary. 
(3) The Secretary may make contracts for conducting inspections 
or examinations in the United States and in foreign countries. An 
inspector conducting an inspection or examination under contract 
may not issue a certificate of inspection or a certificate of compli-
ance, but the inspector may issue a temporary certificate. 
(4) The Secretary shall prescribe by regulation reasonable fees for 
an inspection or examination conducted under this section outside 
the United States, or which, when involving a foreign vessel, is 
conducted under a contract authorized by paragraph (3) of this 
subsection. The owner, charter, or managing operator of a vessel 
inspected or examined by the Secretary is liable for the fees. 
Amounts received as fees shall be deposited in the Treasury. 
(5) The Secretary may allow provisional entry of a vessel to 
conduct an inspection or examination under this chapter. 
(b) Each vessel to which this chapter applies shall have on board 
those documents the Secretary considers necessary for inspection 
and enforcement, including documents listing— 
(1) the type, grade, and approximate quantities of cargo on 
board; 
(2) the shipper and consignee of the cargo; 
(3) the places of origin and destination of the vessel; and 
(4) the name of an agent in the United States authorized to 
accept service of legal process. 
(c) Each vessel to which this chapter applies that operates in the 
United States shall have a person designated as authorized to accept 
service of legal process for the vessel. 
§ 3715. Lightering 
(a) A vessel may transfer oil or hazardous material in a port or 
place subject to the jurisdiction of the United States, when the cargo 
has been transferred from another vessel on the navigable waters of 
the United States or in the marine environment, only if— 
(1) the transfer WEIS conducted consistent with regulations 
prescribed by the Secretary; and 
(2) both the delivering and receiving vessels had on board, at 
the time of transfer, a certificate of inspection or a certificate of 
compliance, as would have been required under section 3710 or 
3711 of this title, had the transfer taken place in a port or place 
subject to the jurisdiction of the United States. 
(b) The Secretary shall prescribe regulations to carry out subsec-
tion (a) of this section. The regulations shall include provisions on— 
(1) minimum safe operating conditions, including sea state, 
wave height, weather, proximity to channels or shipping lanes, 
and other similar factors; 
(2) the prevention of spills; 
(3) equipment for responding to a spill; 
(4) the prevention of any unreasonable interference with 
navigation or other reasonable uses of the high seas, as those 
uses are defined by treaty, convention, or customary interna-
tional law; 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 527 
(5) the establishment of lightering zones; and 
(6) requirements for communication and prearrival messages. 
§3716. Tank washings 
(a) A vessel may not transfer cargo in a port or place subject to the 
jurisdiction of the United States if, before arriving, the vessel has 
discharged tank washings containing oil or hazardous material in 
preparation for loading at that port or place in violation of the laws 
of the United States or in a manner or quantities inconsistent with a 
treaty to which the United States is a party. 
(b) The Secretary shall establish effective control and supervisory 
measures to carry out this section. 
§ 3717. Marine safety information system 
(a) The Secretary shall establish a marine safety information 
system that shall contain information about each vessel to which 
this chapter applies that operates on the navigable waters of the 
United States, or that transfers oil or hazardous material in a port 
or place under the jurisdiction of the United States. In acquiring 
this information, the Secretary shall make full use of publicly 
available information. The Secretary may by regulation require the 
vessel to provide information that the Secretary considers necessary 
to carry out this subsection, including— 
(1) the name of each person with an ownership interest in the 
vessel; 
(2) details of compliance with the financial responsibility 
requirements of applicable laws or regulations; 
(3) registration information, including all changes in the 
name of the vessel; 
(4) the history of marine casualties and serious repair prob-
lems of the vessel; and 
(5) a record of all inspections and examinations of a vessel 
conducted under section 3714 of this title. 
(b) On written request from the Secretary, the head of each 
department, agency, or instrumentality of the United States Gov-
ernment shall provide available information that the Secretary 
considers necessary to confirm the information received under sub-
section (a) of this section. 
§ 3718. Penalties 
(aXD A person violating 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. Each day of a continuing 
violation is a separate violation. 
(2) Each vessel to which this chapter applies that is operated in 
violation of this chapter or a regulation prescribed under this 
chapter is liable in rem for a civil penalty under this subsection. 
(h) A person willfully and knowingly violating this chapter or a 
regulation prescribed under this chapter shall be fined not more 
than $50,000, imprisoned for not more than 5 years, or both. 
(c) Instead of the penalties provided by subsection (b) of this 
section, a person willfully and knowingly violating this chapter or a 
regulation prescribed under this chapter, and using a dangerous 
weapon, or engaging in conduct that causes bodily injury or fear of 
imminent bodily injury to an official authorized to enforce this 
chapter or a regulation prescribed under this chapter, shall be fined 
Control and 
supervisory 
measures. 
Information 
confirmation. 
97 STAT. 528 
PUBLIC LAW 98-89—AUG. 26, 1983 
not more than $100,000, imprisoned for not more than 10 years, or 
both. 
District court 
(d) The district courts of the United States have jurisdiction to 
jurisdiction. 
restrain a violation of this chapter or a regulation prescribed under 
this chapter. 
(e) At the request of the Secretary, the Secretary of the Treasury 
shall withhold or revoke the clearance required by section 4197 of 
the Revised Statutes (46 App. U.S.C. 91) of a vessel the owner or 
operator of which is subject to a penalty under this section. Clear-
ance may be granted on filing a bond or other surety satisfactory to 
the Secretary. 
CHAPTER 39—CARRIAGE OF ANIMALS 
Sec. 
3901. Regulations for accommodations for export animals. 
3902. Penalties. 
§ 3901. Regulations for accommodations for export animals 
The Secretary of Agriculture may prescribe regulations governing 
the accommodations on board vessels for cattle, horses, mules, asses, 
sheep, goats, and swine to be carried from the United States to a 
foreign country. The regulations shall prescribe standards for space, 
ventilation, fittings, food and water supply, and other requirements 
the Secretary of Agriculture considers necessary for the safe and 
proper transportation and humane treatment of those animals. The 
Secretary of Agriculture may examine any vessel the Secretary of 
Agriculture considers necessary to carry out this chapter. 
§ 3902. Penalties 
When the owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel carrying animals referred to in 
section 3901 of this title willfully violates, or causes or permits to be 
violated, a regulation prescribed under this chapter, the vessel may 
be prohibited from carr3dng any such animals from the United 
States for a period, of not more than one year, that the Secretary of 
Agriculture directs. The vessel may not be cleared from a port of the 
United States during that period. 
CHAPTER 41—UNINSPECTED VESSELS 
Sec. 
4101. Application. 
4102. Safety equipment. 
4103. Exemptions. 
4104. Regulations. 
4105. Uninspected passenger vessels. 
4106. Penalties. 
§ 4101. Application 
This chapter applies to an uninspected vessel— 
(1) on the navigable waters of the United States; or 
(2) owned in the United States and operating on the high seas. 
§ 4102. Safety equipment 
(a) Each uninspected vessel propelled by machinery shall be pro-
vided with the number, type, and size of fire extinguishers, capable 
of promptly and effectively extinguishing burning liquid fuel, that 
may be prescribed by regulation. The fire extinguishers shall be 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 529 
kept in condition for immediate and effective use and so placed as to 
be readily accessible. 
(b) Each uninspected vessel propelled by machinery shall carry at 
least one readily accessible life preserver or other lifesaving device, 
of the type prescribed by regulation, for each individual on board. 
(c) Each uninspected vessel shall have the carburetors of each 
engine of the vessel (except an outboard motor) using gasoline as 
fuel, equipped with an efficient flame arrester, bacldFire trap, or 
other similar device prescribed by regulation. 
(d) Each uninspected vessel using a volatile liquid as fuel shall be 
provided with the means prescribed by regulation for properly and 
efficiently ventilating the bilges of the engine and fuel tank com-
partments, so as to remove any explosive or flammable gases. 
§ 4103. Exemptions 
Section 4102(a) of this title does not apply to a vessel propelled by 
outboard motors when competing in a race previously arranged and 
announced or, if the vessel is designed and intended only for racing, 
when operated incidental to tuning up the vessel and its engines for 
the race. 
§ 4104. Regulations 
The Secretary shall prescribe regulations to carry out this 
chapter. 
§ 4105. Uninspected passenger vessels 
Chapter 43 of this title applies to an uninspected passenger vessel, infra. 
§ 4106. Penalties 
If a vessel to which this chapter applies is operated in violation of 
this chapter or a regulation prescribed under this chapter, the 
owner, charterer, managing operator, agent, master, and individual 
in charge are each liable to the United States Grovernment for a civil 
penalty of $100. The vessel also is liable in rem for the penalty. 
CHAPTER 43—RECREATIONAL VESSELS 
Sec. 
4301. Application. 
4302. Regulations. 
4303. Inspection and testing. 
4304. Importation of nonconforming vessels and equipment. 
4305. Exemptions. 
4306. Federal preemption. 
4307. Prohibited acts. 
4308. Termination of unsafe operation. 
4309. Investigation and reporting. 
4310. Repair and replacement of defects. 
4311. Penalties and injunctions. 
§4301. Application 
(a) This chapter applies to a recreational vessel and associated 
equipment carried in the vessel on waters subject to the jurisdiction 
of the United States and, for a vessel owned in the United States, on 
the high seas. 
(b) Except when expressly otherwise provided, this chapter does 
not apply to a foreign vessel temporarily operating on waters subject 
to the jurisdiction of the United States. 
97 STAT. 530 
PUBLIC LAW 98-89—AUG. 26, 1983 
(c) Until there is a final judicial decision that they are navigable 
waters of the United States, the following waters lying entirely in 
New Hampshire are declared not to be waters subject to the jurisdic-
tion of the United States within the meaning of this section: Lake 
Winnisquam, Lake Winnipesaukee, parts of the Merrimack River, 
and their tributary and connecting waters. 
§ 4302. Regulations 
(a) The Secretary may prescribe regulations— 
(1) establishing minimum safety standards for recreational 
vessels and associated equipment, and establishing procedures 
and tests required to measure conformance with those stand-
ards, with each standard— 
(A) meeting the need for recreational vessel safety; and 
(B) being stated, insofar as practicable, in terms of 
performgmce; 
(2) requiring the installation, carr5dng, or use of associated 
equipment (including fuel systems, ventilation systems, electri-
cal systems, sound-producing devices, firefighting equipment, 
lifesaving devices, signaling devices, ground tackle, life- and 
grab-rails, and navigational equipment) on recreational vessels 
and classes of recreational vessels subject to this chapter, and 
prohibiting the installation, carrying, or use of associated equip-
ment that does not conform with safety standards established 
under this section; and 
(3) requiring or permitting the display of seals, labels, plates, 
insignia, or other devices for certifying or evidencing compli-
ance with safety regulations and standards of the United States 
Government for recreational vessels and associated equipment. 
Effective 
(b) Each regulation prescribed under this section shall specify an 
^^- 
effective date that is not earlier than 180 days from the date the 
regulation was published, unless the Secretary finds that there 
exists a recreational vessel safety hazard so critical as to require an 
earlier effective date. However, this period may not be more than 24 
months for cases involving, in the discretion of the Secretary, major 
product design, retooling, or major changes in the manufacturing 
process. 
(c) In prescribing regulations under this section, the Secretary 
shall, among other things— 
(1) consider the need for and the extent to which the regula-
tions will contribute to recreational vessel safety; 
(2) consider relevant available recreational vessel safety 
standards, statistics, and data, including public and private 
research, development, testing, and evaluation; 
(3) not compel substantial alteration of a recreational vessel 
or item of associated equipment that is in existence, or the 
construction or manufacture of which is begun before the effec-
tive date of the regulation, but subject to that limitation may 
require compliance or performance, to avoid a substantial risk 
of personal injury to the public, that the Secretary considers 
appropriate in relation to the degree of hazard that the compli-
ance will correct; and 
(4) consult with the National Boating Safety Advisory Council 
Post, p. 598. 
established under section 13110 of this title about the consider-
ations referred to in clauses (l)-(3) of this subsection. 
Post, p. 555. 
(d) Section 8903 of this title does not apply to a vessel being 
operated for bona fide dealer demonstrations provided without fee to 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 531 
business invitees. However, if on the basis of substantial evidence, 
the Secretary decides under this section that requiring vessels so 
operated to be under the control of licensed individuals is necessary 
for boating safety, then the Secretary may prescribe regulations 
requiring the licensing of individuals controlling these vessels in the 
same manner as provided in chapter 89 of this title for individuals Post, p. 555. 
in control of vessels carr5ring passengers for hire. 
§ 4303. Inspection and testing 
(a) Subject to regulations, supervision, and reviews that the Secre-
tary may prescribe, the Secretary may delegate to a person, private 
or public agency, or organization, or to £in officer or employee under 
the supervision of that person or agency, any work, business, or 
function related to the testing, inspection, and examination neces-
sary for compliance enforcement and for the development of data to 
enable the Secretary to prescribe regulations under section 4302 of 
this title. 
(b) The Secretary may— 
(1) conduct research, testing, and development necessary to 
carry out this chapter, including the procurement by negotia-
tion or otherwise of experimental and other recreational vessels 
or associated equipment for research and testing purposes; and 
(2) subsequently sell those vessels. 
§ 4304. Importation of nonconforming vessels and equipment 
The Secretary and the Secretary of the Treasury may authorize 
by joint regulations the importation of any nonconforming recre-
ational vessel or associated equipment on conditions, including pro-
viding a bond, that will ensure that the recreational vessel or 
Eissociated equipment will be Jbrought into conformity with applica-
ble safety regulations and standards of the Government before the 
vessel or equipment is operated on waters subject to the jurisdiction 
of the United States. 
§ 4305. Exemptions 
If the Secretary considers that recreational vessel safety will not 
be adversely affected, the Secretary may issue an exemption from 
this chapter or a regulation prescribed under this chapter. 
§ 4306. Federal preemption 
Unless permitted by the Secreta^ under section 4305 of this title, 
a State or political subdivision of a State may not establish, continue 
in effect, or enforce a law or regulation establishing a recreational 
vessel or associated equipment performance or other safety standard 
or imposing a requirement for associated equipment (except insofar 
as the State or political subdivision may, in the absence of the 
Secretary's disapproval, regulate the carrying or use of marine 
safety articles to meet uniquely hazardous conditions or circum-
stances within the State) that is not identical to a regulation pre-
scribed under section 4302 of this title. 
§ 4307. Prohibited acts 
(a) A person may not— 
(1) manufacture, construct, assemble, sell or offer for sale, 
introduce or deliver for introduction into interstate commerce, 
or import into the United States, a recreational vessel, associat-
ed equipment, or component of the vessel or equipment unless— 
97 STAT. 532 
PUBLIC LAW 98-89—AUG. 26, 1983 
Trade secrets 
and other 
confidential 
information, 
disclosure. 
18 use 1905. 
5 use 552, 
18 use 1905. 
"Associated 
equipment." 
(A) it conforms with this chapter or a regulation pre-
scribed under this chapter; or 
(B) it is intended only for export and is so labeled, tagged, 
or marked on the recreational vessel or equipment, includ-
ing any markings on the outside of the container in which 
it is to be exported; 
(2) affix, attach, or display a seal, document, label, plate, 
insignia, or other device indicating or suggesting compliance 
with standards of the United States Government on, in, or in 
connection with, a recreational vessel or item of associated 
equipment that is false or misleading; or 
(3) fail to provide a notification as required by this chapter or 
fail to exercise reasonable diligence in carrying out the notifica-
tion and reporting requirements of this chapter. 
(b) A person may not operate a vessel in violation of this chapter 
or a regulation prescribed under this chapter. 
§ 4308. Termination of unsafe operation 
If an official charged with the enforcement of this chapter 
observes a recreational vessel being operated without sufficient 
lifesaving or firefighting devices or in an overloaded or other unsafe 
condition (as defined in regulations prescribed under this chapter) 
and, in the judgment of the official, the operation creates an espe-
cially hazardous condition, the official may direct the operator of the 
recreational vessel to take immediate and reasonable steps neces-
sary for the safety of individuals on board the vessel, including 
directing the operator to return to a mooring and to remain there 
until the situation creating the hazard is corrected or ended. 
§ 4309. Investigation and reporting 
(a) A recreational vessel manufacturer to whom this chapter 
applies shall establish and maintain records and reports and provide 
information the Secretary may require to enable the Secretary to 
decide whether the manufacturer has acted or is acting in compli-
ance with this chapter and regulations prescribed under this chap-
ter. On request of an officer, employee, or agent authorized by the 
Secretary, a recreational vessel manufacturer shall permit the offi-
cer, employee, or agent to inspect, at reasonable times, factories or 
other facilities, and records related to deciding whether the manu-
facturer has acted or is acting in compliance with this chapter and 
regulations prescribed under this chapter. 
(b) Information reported to or otherwise obtained by the Secretary 
or the representative of the Secretary under this section containing 
or related to a trade secret or other matter referred to in section 
1905 of title 18, or authorized to be exempt from public disclosure by 
section 5520)) of title 5, is confidential under section 1905. However, 
on approval of the Secretary, the information may be disclosed to 
other officers, employees, or agents concerned with carrying out this 
chapter or when it is relevant in a proceeding under this chapter. 
§ 4310. Repair and replacement of defects 
(a) In this section, "associated equipment" includes only items or 
classes of associated equipment that the Secretary shall prescribe by 
regulation after deciding that the application of the requirements of 
this section to those items or classes of associated equipment is 
reasonable and in furtherance of this chapter. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 533 
(b) If a recreational vessel or associated equipment has left the 
place of manufacture and the recreational vessel manufacturer 
discovers or acquires information that the manufacturer decides, in 
the exercise of reasonable and prudent judgment, indicates that a 
recreational vessel or associated equipment subject to an applicable 
regulation prescribed under section 4302 of this title either fails to 
comply with the regulation, or contsdns a defect that creates a 
subst£uitial risk of personal injury to the public, the manufacturer 
shall provide notification of the defect or failure of compliance as 
provided by subsections (c) and (d) of this section within a reasonable 
time after the manufacturer has discovered the defect. 
(cXl) The notification required by subsection (b) of this section 
shall be given to the following persons in the following manner: 
(A) by certified mail to the first purchaser for other than 
resale, except that the requirement for notification of the first 
purchaser shall be satisfied if the recreational vessel manufac-
turer exercises reasonable diligence in establishing and main-
taining a list of those purchasers and their current addresses, 
and sends the required notice to each person on that list at the 
address appearing on the list. 
(B) by certified mail to subsequent purchasers if known to the 
manufacturer. 
(C) by certified mail or other more expeditious means to the 
dealers and distributors of the recreational vessels or associated 
equipment. 
(2) The notification required by subsection (b) of this section is 
required to be given only for a defect or failure of compliance 
discovered by the recreational vessel msmufacturer within a reason-
able time after the manufacturer has discovered the defect or 
failure, except that the manufacturer's duty of notification under 
paragraph (1) (A) and (B) of this subsection applies only to a defect or 
failure of compliance discovered by the manufacturer within one of 
the following appropriate periods: 
(A) if a recreational vessel or associated equipment required 
by regulation to have a date of certification affixed, 5 years from 
the date of certification. 
(B) if a recreational vessel or associated equipment not 
required by regulation to have a date of certification affixed, 5 
years from the date of manufacture. 
(d) The notification required by subsection (b) of this section shall 
contain a clear description of the defect or failure to comply, an 
evaluation of the hazard reeisonably related to the defect or failure, 
a statement of the measures to correct the defect or failure, and an 
undertaking by the recreational vessel manufacturer to take those 
measures only at the manufacturer's cost and expense. 
(e) Each recreational vessel manufacturer shall provide the Secre-
tary with a copy of all notices, bulletins, and other communications 
to dealers and distributors of that manufacturer, and to purchasers 
of recreational vessels or associated equipment of that manufac-
turer, about a defect related to safety in the recreational vessels or 
associated equipment, and any failure to comply with the regulation 
or order applicable to the recreational vessels or associated equip-
ment. The Secretary may publish or otherwise disclose to the public 
information in the notices or other information the Secretary has 
that the Secretary considers will assist in carrying out this chapter. 
However, the Secretary may disclose any information that contains 
Notification of 
defect 
or failure of 
compliance. 
Persons 
to be 
notified. 
Notification 
contents. 
Information 
disclosure. 
97 STAT. 534 
PUBLIC LAW 98-89—AUG. 26, 1983 
Notification 
of manufacturer 
by Secretary. 
Publication in 
Federal 
Register. 
or relates to a trade secret only if the Secretary decides that the 
information is necessary to carry out this chapter. 
(f) If, through testing, inspection, investigation, or examination of 
reports, the Secretary decides that a recreational vessel or asso-
ciated equipment to which this chapter applies contains a defect 
related to safety or fails to comply with an applicable regulation 
prescribed under this chapter and notification under this chapter is 
appropriate, the Secretary shall notify the recreational vessel manu-
facturer of the defect or failure. The notice shall contain the find-
ings of the Secretary and shall include a S3niopsis of the information 
on which they are based. The manufacturer may then provide the 
notification required by this chapter to the persons designated in 
this chapter or dispute the Secretary's decision. If disputed, the 
Secretary shall provide the manufacturer with an opportunity to 
present views and establish that there is no such defect or failure. 
When the Secretary considers it to be in the public interest, the 
Secretary may publish notice of the proceeding in the Federal 
Register and provide interested persons, including the National 
Boating Safety Advisory Council, with an opportunity to comment. 
If, after presentation by the manufacturer, the Secretary decides 
that the recreational vessel or associated equipment contains a 
defect related to safety or fails to comply with an applicable regula-
tion, the Secretary may direct the manufacturer to provide the 
notifications specified in this chapter. 
(g) The Secretary may prescribe regulations to carry out this 
section, including the establishment of procedures that require deal-
ers and distributors to assist manufacturers in obtaining informa-
tion required by this section. A regulation prescribed under this 
subsection does not relieve a manufacturer of any obligation 
imposed by this section. 
§ 4311. Penalties and iiyunetions 
(a) A person willfully operating a recreational vessel in violation 
of this chapter or a regulation prescribed under this chapter shall be 
fined not more than $5,000, imprisoned for not more than one year, 
or both. 
(b) A person violating section 4307(a)(1) of this title is liable to the 
United States Government for a civil penalty of not more than 
$2,000, except that the maximum civil penalty may be not more 
than 
$100,000 for a related 
series of violations. When 
a 
corporation violates section 4307(aXl), any director, officer, or execu-
tive employee of the corporation who knowingly and willfully or-
dered, or knowingly and willfully authorized, a violation is individ-
ually liable to the Government for the penalty, in addition to the 
corporation. However, the director, officer, or executive employee is 
not liable individually under this subsection if the director, officer, 
or executive employee can demonstrate by a preponderance of the 
evidence that— 
(1) the order or authorization was issued on the basis of a 
decision, in exercising reasonable and prudent judgment, that 
the nonconformity with standards and regulations constituting 
the violation would not cause or constitute a substantial risk of 
personal injury to the public; and 
(2) at the time of the order or authorization, the director, 
officer, or executive employee advised the Secretary in writing 
of acting under this clause and clause (1) of this subsection. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 535 
(c) A person violating any other provision of this chapter or other 
regulation prescribed under this chapter is liable to the Government 
for a civil penalty of not more than $1,000. If the violation involves 
the operation of a vessel, the vessel also is liable in rem for the 
penalty. 
(d) When a civil penalty of not more than $200 has been assessed 
under this chapter, the Secretary may refer the matter of collection 
of the penalty directly to the United States magistrate of the 
jurisdiction in which the person liable may be found for collection 
procedures under supervision of the district court and under an 
order issued by the court delegating this authority under section 
636(b) of title 28. 
(e) The district courts of the United States have jurisdiction to 
restrain a violation of this chapter, or to restrain the sale, offer for 
sale, introduction or delivery for introduction into interstate com-
merce, or importation into the United States, of a recreational 
vessel or associated equipment that the court decides does not 
conform to safety standarck of the Government. A civil action under 
this subsection shall be brought by filing a petition by the Attorney 
General for the Government. When practicable, the Secretary shall 
give notice to a person against whom an action for injunctive relief 
is contemplated and provide the person with an opportunity to 
present views and, except for a knowing and willful violation, shall 
provide the person with a reasonable opportunity to achieve compli-
ance. The failure to give notice and provide the opportunity does not 
preclude the granting of appropriate relief by the district court. 
(f) A person is not subject to a penalty under this chapter if the 
person— 
(1) establishes that the person did not have reason to know, in 
exercising reasonable care, that a recreational vessel or associ-
ated equipment does not conform with the applicable safety 
standards of the Government; or 
(2) holds a certificate issued by the manufacturer of that 
recreational vessel or associated equipment to the effect that 
the recreational vessel or associated equipment conforms to all 
applicable recreational vessel safety standards of the Govern-
ment, unless the person knows or reasonably should have 
known that the recreational vessel or associated equipment does 
not so conform. 
(g) Compliance with this chapter or standards, regulations, or 
orders prescribed under this chapter does not relieve a person from 
liability at common law or under State law. 
Collection. 
28 use 636. 
Notification. 
[PART C—RESERVED FOR LOAD LINES OF VESSELS] 
PART D—MARINE CASUALTIES 
CHAPTER 61—REPORTING MARINE CASUALTIES 
Sec. 
6101. Marine casualties and reporting. 
6102. State marine casualty reporting system. 
6103. Penalty. 
97 STAT. 536 
PUBLIC LAW 98-89—AUG. 26, 1983 
§ 6101. Marine casualties and reporting 
Regulations. 
(a) The Secretary shall prescribe regulations on the marine casu-
alties and incidents to be reported and the manner of reporting. The 
r^ulations shall require reporting the following marine casualties: 
(1) death of an individual. 
(2) serious injury to an individual. 
(3) material loss of property. 
(4) material damage affecting the seaworthiness or efficiency 
of the vessel. 
Qo) A marine casualty shall be reported within 5 days as provided 
in this part and regulations prescribed under this part. 
(c) When the owner, charterer, managing operator, or agent of a 
vessel of the United States has reason to believe (because of lack of 
communication with or nonappearance of a vessel or any other 
incident) that the vessel may have been lost or imperiled, the owner, 
charterer, managing operator, or agent immediately shall attempt 
to determine the status of the vessel. If the owner, charterer, 
managing operator, or agent cannot determine the status of the 
vessel, the owner, charterer, managing operator, or agent immedi-
ately shall notify the Coast Guard and provide the name and 
identification number of the vessel, the names of individuals on 
board, and any other information that may be requested by the 
Coast Guard. 
(d) This part applies to a foreign vessel when involved in a marine 
casualty on the navigable waters of the United States. 
(e) A marine casualty not resulting in the death of an individual 
shall be classified according to the gravity of the casualty, as 
prescribed by regulation, giving consideration to the extent of inju-
ries to individuals, the extent of property damage, the dangers that 
the casualty creates, and the size, occupation, and means of propul-
sion of each vessel involved. 
§ 6102. State marine casualty reporting system 
Regulations. 
(a) The Secretary shall prescribe regulations for a uniform State 
marine casualty reporting system for vessels. Regulations shall 
prescribe the casualties to be reported and the manner of reporting. 
A State shall compile and submit to the Secretary reports, informa-
tion, and statistics on casualties reported to the State. 
(b) The Secretary shall collect, analyze, and publish reports, infor-
mation, and statistics on marine casualties together with findings 
and recommendations the Secretary considers appropriate. If a 
State marine casualty reporting system provides that information 
derived from casualty reports (except statistical information) may 
not be publicly disclosed, or otherwise prohibits use by the State or 
any person in any action or proceeding against a person, the Secre-
tary may use the information provided by the State only in the same 
way that the State may use the information. 
§ 6103. Penalty 
An owner, charterer, managing operator, agent, master, or indi-
vidual in charge of a vessel failing to report a casualty or incident as 
required under section 6101 of this title or a regulation prescribed 
under section 6101 is liable to the United States Government for a 
civil penalty of $1,000. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 537 
CHAPTER 63—INVESTIGATING MARINE 
CASUALTIES 
Sec. 
6301. Investigation of marine casualties. 
6302. Public investigations. 
6303. Rights of parties in interest. 
6304. Subpena authority. 
6305. Reports of investigations. 
6306. Penalty. 
6307. Notifications to Congress. 
§ 6301. Investigation of marine casualties 
The Secretary shall prescribe regulations for the immediate inves- Regulations, 
tigation of marine casualties under this part to decide, as closely as 
possible— 
(1) the cause of the casualty, including the cause of any death; 
(2) whether an act of misconduct, incompetence, negligence, 
unskillfulness, or willful violation of law committed by any 
individual licensed, certificated, or documented under part E of 
this subtitle has contributed to the cause of the casualty, or to a Post, p. 538. 
death involved in the casualty, so that appropriate remedial 
action under chapter 77 of this title may be taken; 
Post, p. 546. 
(3) whether an act of misconduct, incompetence, negligence, 
unskillfulness, or willful violation of law committed by any 
person, including an officer, employee, or member of the Coast 
Guard, contributed to the cause of the casualty, or to a death 
involved in the casualty; 
(4) whether there is evidence that an act subjecting the 
offender to a civil penalty under the laws of the United States 
has been committed, so that appropriate action may be under-
taken to collect the penalty; 
(5) whether there is evidence that a criminal act under the 
laws of the United States has been committed, so that the 
matter may be referred to appropriate authorities for prosecu-
tion; and 
(6) whether there is need for new laws or regulations, or 
amendment or repeal of existing laws or regulations, to prevent 
the recurrence of the casualty. 
§ 6302. Public investigations 
Each investigation conducted under this chapter and regulations 
prescribed under this chapter shall be open to the public, except 
when evidence affecting the national security is to be received. 
§ 6303. Rights of parties in interest 
In an investigation conducted under this chapter, the following 
shall be allowed to be represented by counsel, to cross-examine 
witnesses, and to call witnesses: 
(1) an owner, 
(2) any holder of a license or certificate of registry, 
(3) any holder of a merchant mariner's document, 
(4) any other person whose conduct is under investigation, 
and 
(5) any other party in interest. 
97 STAT. 538 
PUBLIC LAW 98-89—AUG. 26, 1983 
Regulations. 
Public 
availability. 
Annual 
summary. 
§ 6304. Subpena authority 
(a) In an investigation under this chapter, the attendance and 
testimony of witnesses, including parties in interest, and the produc-
tion of any evidence may be compelled by subpena. The subpena 
authority gremted by this section is coextensive with that of a 
district court of the United States, in civil matters, for the district in 
which the investigation is conducted. 
(b) When a person fails to obey a subpena issued under this 
section, the district court of the United States for the district in 
which the investigation is conducted or in which the person failing 
to obey is found, shall on proper application issue an order directing 
that person to comply with the subpena. The court may punish as 
contempt any disobedience of its order. 
(c) A witness compl3dng with a subpena issued under this section 
may be paid for actual travel and attendance at the rate provided 
for witnesses in the district courts of the United States. 
(d) An official designated to conduct an investigation under this 
part may issue subpenas as provided in this section and administer 
oaths to witnesses. 
§ 6305. Reports of investigations 
(a) The Secretary shall prescribe regulations about the form and 
manner of reports of investigations conducted under this part. 
(b) Reports of investigations conducted under this part shall be 
made available to the public, except to the extent that they contain 
information related to the national security. 
§ 6306. Penalty 
A person attempting to coerce a witness, or to induce a witness, to 
testify falsely in connection with a marine casualty, or to induce a 
witness to leave the jurisdiction of the United States, shall be fined 
$5,000, imprisoned for one year, or both. 
§ 6307. NotiHcations to Congress 
(a) The Secretary shall notify the Committee on Commerce, Sci-
ence, and Transportation of the Senate and the Committee on 
Merchant Marine and Fisheries of the House of Representatives of 
any hearing, before the hearing occurs, investigating a major 
marine casualty involving a death under section 6301 of this title. 
(b) The Secretary shall submit to a committee referred to in 
subsection (a) of this section information on a major marine casualty 
that is requested by that committee or the chairman of the commit-
tee if the submission of that information is not prohibited by a law 
of the United States. 
(c) The Secretary shall submit annually to Congress a summary of 
the marine casualties reported during the prior fiscal year, together 
with a brief statement of action taken concerning those casualties. 
PART E—LICENSES, CERTIFICATES, AND MERCHANT MARINERS* 
DOCUMENTS 
CHAPTER 71—LICENSES AND CERTIFICATES OF 
REGISTRY 
Sec. 
7101. Issuing and classifying licenses and certificates of registry. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 539 
7102. Citizenship. 
7103. Licenses for radio officers. 
7104. Certificates for medical doctors and nurses. 
7105. Oaths. 
7106. Duration of licenses. 
7107. Duration of certificates of registry. 
7108. Termination of licenses and certificates of registry. 
7109. Renewal of licenses. 
7110. Exhibiting licenses. 
7111. Licenses for fishing vessels not subject to inspection. 
7112. Licenses of masters or mates as pilots. 
7113. Exemption from draft. 
7114. Fees. 
§ 7101. Issuing and classifying licenses and certiHcates of registry 
(a) Licenses and certificates of registry are established for individ-
uals 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, experi-
ence, professional qualifications, and physical fitness: 
(1) masters, mates, and engineers. 
(2) pilots. 
(3) operators. 
(4) radio officers. 
(d) In classifying individuals under subsection (cXD 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 (cX2) of Requirements. 
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) agrees to have a thorough physicsd examination each year 
while holding the license; 
(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 navi-
gated and knowledge of regulations for the prevention of colli-
sions in those waters; 
(7) has sufficient experience, as decided by the Secretary, to 
evidence ability to handle any vessel of the t3T)e and size which 
the applicant may be authorized to pilot; and 
(8) meets any other requirement the Secretary considers rea-
sonable and necessary. 
97 STAT. 540 
PUBLIC LAW 98-89—AUG. 26, 1983 
(£) 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. 
§ 7102. Citizenship 
Licenses and certificates of registry for individuals on documented 
vessels may be issued only to citizens of the United States. 
§ 7103. Licenses for radio ofHcers 
(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. 
§ 7104. CertiHcates for medical doctors and nurses 
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. 
§ 7105. Oaths 
An applicant for a license or certificate of registry shall take, 
before the issuance of the license or certificate, an oath before a 
designated official, without conceeilment 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. 
§ 7106. Duration of licenses 
A license issued under this part is valid for 5 years. However, the 
validity of a license issued to a radio officer is conditioned on the 
continuous possession by the holder of a first-class or second-class 
radiotelegraph operator license issued by the Federal Communica-
tions Commission. 
§ 7107. Duration of certificates of registry 
A certificate of registry issued under this part is not limited in 
duration. However, the validity of a certificate issued to a medical 
doctor or professional nurse is conditioned on the continuous posses-
sion by the holder of a license as a medical doctor or registered 
nurse, respectively, issued by a State. 
§ 7108. Termination of licenses and certiHcates of registry 
When the holder of a license or certificate of registry, the duration 
of which is conditioned under section 7106 or 7107 of this title, fails 
to hold the license required as a condition, the license or certificate 
of registry issued under this part is terminated. 
§ 7109. Renewal of licenses 
A license issued under this part may be renewed for additional 
5-year periods. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 541 
§ 7110. Exhibiting licenses 
Each holder of a license issued under this part shall display, 
within 48 hours after employment on a vessel for which that license 
is required, the license in a conspicuous place on the vessel. 
§ 7111. Licenses for fishing vessels not subject to inspection 
Examinations for licensing individuals on fishing vessels not 
required to be inspected under part B of this subtitle shall be oral. 
§ 7112. Licenses of masters or mates as pilots 
A master or mate licensed under this part who also qualifies as a 
pilot is not required to hold 2 licenses. Instead, the qualification of 
the master or mate as pilot shall be endorsed on the master's or 
mate's license. 
§ 7113. Exemption from draft 
A licensed master, mate, pilot, or engineer of a vessel inspected 
under part B of this subtitle, propelled by machinery or carrying 
hazardous liquid cargoes in bulk, is not liable to draft in time of war, 
except for performing duties authorized by the license. When per-
forming those duties in the service of the United States Govern-
ment, the mgister, mate, pilot, or engineer is entitled to the highest 
rate of wages paid in the merchant marine of the United States for 
similar services. If killed or wounded when performing those duties, 
the master, mate, pilot, or engineer, or the heirs or legal representa-
tives of the master, mate, pilot, or engineer, are entitled to all the 
privileges under the pension laws of the United States provided to 
members of the Armed Forces. 
§ 7114. Fees 
The Secretary may prescribe by regulation reasonable fees for the 
inspection of and the issuance of a certificate, license, or permit 
related to small passenger vessels and sailing school vessels. 
CHAPTER 73—MERCHANT MARINERS' 
DOCUMENTS 
Ante, p. 509. 
Sec. 
7301. General. 
7302. Issuing merchant mariners' documents and continuous discharge books. 
7303. Possession and description of merchant mariners' documents. 
7304. Citizenship notation on merchant mariners' documents. 
7305. Oaths for holders of merchant mariners' documents. 
7306. General requirements and classifications for able seamen. 
7307. Able seamen—unlimited. 
7308. Able seamen—limited. 
7309. Able seamen—special. 
7310. Able seamen—offshore supply vessels. 
7311. Able seamen—sail. 
7312. Scale of employment. 
7313. General requirements for members of engine departments. 
7314. Service requirements for qualified members of engine departments. 
7315. Training. 
7316. Lifeboatmen. 
7317. Tankermen. 
7318. Radiotelegraph operators on Great Lakes. 
7319. Records of merchant mariners' documents. 
§ 7301. General 
(a) In this chapter— 
97 STAT. 542 
PUBLIC LAW 98-89—AUG. 26, 1983 
"Service on 
(1) "scrvice on deck" means service in the deck department in 
deck." 
work related to the work usually performed on board vessels by 
able seamen and may include service on decked fishing vessels 
and on public vessels of the United States; 
(2) 360 days is equal to one year's service; and 
(3) a day is equal to 8 hours of labor or duty. 
(b) The Secreteiry may prescribe regulations to carry out this 
chapter. 
§7302. Issuing merchant mariners' documents and continuous 
discharge books 
(a) The Secretary shall issue a merchant mariner's document to 
an individual required to have that document under part F of this 
Post, p. 547. 
subtitle if the individual satisfies the requirements of this part. The 
document serves as a certificate of identification and as a certificate 
of service, specifying each rating in which the holder is qualified to 
serve on board vessels on which that document is required under 
part F. 
O
t
)
) The Secretary also may issue a continuous discharge book to 
an individual issued a merchant mariner's document if the individ-
ual requests. 
§7303. Possession and description of merchant mariners' 
documents 
A merchant mariner's document shall be retained by the seaman 
to whom issued. The document shall contain the signature, nota-
tions of nationality, age, and physical description, the photograph, 
the thumbprint, and the home address of the seaman. In addition, 
the document shall specify the rate or ratings in which the seaman 
^ 
is qualified to serve. 
§7304. Citizenship notation on merchant mariners' documents 
An individual applying for a merchant mariner's document shall 
provide satisfactory proof that the individual is a citizen of the 
United States before that notation is made on the document. 
§ 7305. Oaths for holders of merchant mariners' documents 
An applicant for a merchant mariner's document shall take, 
before issuahce of the document, an oath that the applicant will 
perform faithfully and honestly all the duties required by law, and 
will carry out the lawful orders of superior officers. 
§ 7306. General requirements and classiHcations for able seamen 
(a) To qualify for an endorsement as able seaman authorized by 
this section, an applicant must provide satisfactory proof that the 
applicant— 
(1) is at least 18 years of age; 
(2) has the service required by the applicable section of this 
part; 
(3) is qualified professionally as demonstrated by an applica-
ble examination or educational requirements; and 
(4) is qualified as to sight, hearing, and physical condition to 
perform the seaman's duties. 
(b) The classifications authorized for endorsement as able seaman 
are the following: 
(1) able seaman—unlimited. 
(2) able seaman—limited. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 543 
(3) able seaman—special. 
(4) able seaman—offshore supply vessels. 
(5) able seaman—sail. 
§ 7307. Able seamen—unlimited 
The required service for the endorsement of able seaman—unlim-
ited, qualified for unlimited service on a vessel on any waters, is at 
least 3 years' service on deck on board vessels operating at sea or on 
the Great Lakes. 
§ 7308. Able seamen—limited 
The required service for the endorsement of able seaman— 
limited, qualified for limited service on a vessel on any waters, is at 
least 18 months' service on deck on board vessels of at least 100 
gross tons operating on the oceans or navigable waters of the United 
States (including the Great Lakes). 
§ 7309. Able seamen—special 
The required service for the endorsement of able seaman—special, 
qualified for special service on a vessel on any waters, is at least 12 
months' service on deck on board vessels operating on the oceans or 
the navigable waters of the United States (including the Great 
Lakes). 
§ 7310. Able seamen—offshore supply vessels 
For service on a vessel of less than 500 gross tons engaged in 
support of exploration, exploitation, or production of offshore min-
eral or energy resources, an individual may be rated as able 
seaman—offshore supply vessels if the individual has at least 6 
months' service on deck on board vessels operating on the oceans or 
the navigable waters of the United States (including the Great 
Lakes). 
§ 7311. Able seamen—sail 
For service on a sailing school vessel on any waters, an individual 
may be rated as able seaman—sail if the individual has at least 6 
months' service on deck on sailing school vessels, oceanographic 
research vessels powered primarily by sail, or equivalent sailing 
vessels operating on the oceans or navigable waters of the United 
States (including the Great Lakes). 
§ 7312. Scale of employment 
(a) Individuals qualified as able seamen—unlimited under section 
7307 of this title may constitute all of the able seamen required on a 
vessel. 
(b) Individuals qualified as able seamen—limited under section 
7308 of this title may constitute all of the able seamen required on a 
vessel of less than 1,600 gross tons or on a vessel operating on the 
Great Lakes and the Saint Lawrence River as far east as Sept lies. 
Individuals qualified as able seamen—limited may constitute not 
more than 50 percent of the number of able seamen required on 
board other vessels. 
(c) Individuals qualified as able seamen—specisil under section 
7309 of this title may constitute— 
(1) all of the able seamen required on a vessel of not more 
than 500 gross tons or on a seagoing barge or towing vessel; and 
97 STAT. 544 
PUBLIC LAW 98-89—AUG. 26, 1983 
(2) not more than 50 percent of the number of able seamen 
required on board other vessels. 
(d) Individuals qualified as able seamen—offshore supply vessels 
under section 7310 of this title may constitute all of the able seamen 
required on board a vessel of less than 500 gross tons engaged in 
support of exploration, exploitation, or production of offshore min-
eral or energy resources. 
(e) When the service of able seaman—limited or able seamen— 
special is authorized for only a part of the required number of able 
seamen on board a vessel, the combined percentEige of those individ-
uals so qualified may not be greater than 50 percent of the required 
number. 
§ 7313. General requirements for members of engine departments 
(a) Classes of endorsement as qualified members of the engine 
department on vessels of at least 100 gross tons (except vessels 
operating on rivers or lakes (except the Great Lakes)) may be 
prescribed by regulation. 
(b) The ratings of wiper and coal passer are entry ratings and are 
not ratings as qualified members of the engine department. 
(c) An applicant for an endorsement as qualified member of the 
engine department must provide satisfactory proof that 
the 
applicant— 
(1) has the service required by section 7314 of this title; 
(2) is qualified professionally as demonstrated by an applica-
ble examination; and 
(3) is qualified as to sight, hearing, and physical condition to 
perform the member's duties. 
§ 7314. Service requirements for qualiHed members of engine 
departments 
To qualify for an endorsement as qualified member of the engine 
department, an applicant must provide proof that the applicant has 
6 months' service in the related entry rating as described in section 
7313(b) of this title. 
§ 7315. Training 
(a) Graduation from a nautical school vessel approved under law 
and regulation may be substituted for the service requirements 
under section 7307 or 7314 of this title. 
(b) The satisfactory completion of other courses of instruction 
approved by the Secretary may be substituted for not more than 
one-third of the required service on deck at sea under sections 7307-
7311 of this title. 
(c) The satisfactory completion of other courses of instruction 
approved by the Secretary may be substituted for not more than 
one-half of the required service at sea under section 7314 of this 
title. 
§ 7316. Lifeboatmen 
To qualify for an endorsement as lifeboatman, an applicant must 
provide satisfactory proof that the applicant— 
(1) has the service or training required by regulation; 
(2) is qualified professionally as demonstrated by examina-
tion; and 
(3) is qualified professionally by actual demonstration. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 545 
§ 7317. Tankermen 
(a) The Secretary shall prescribe procedures, standards, and quali-
fications for the issuance of certificates or endorsements as tanker-
man, stating the types of oil or hazardous material that can be 
handled with safety to the vessel and the marine environment. 
(b) An endorsement as tankerman shall indicate the grades or 
types of cargo the holder is qualified and authorized to handle with 
safety on board vessels. 
§ 7318. Radiotelegraph operators on Great Lakes 
(a) A radiotelegraph operator on the Great Leikes only shall have 
a first-class or second-class radiotelegraph operator's license issued 
by the Federal Communications Commission. 
G)) An endorsement as radiotelegraph operator on the Great 
Lakes only ends if the holder ceases to hold the license issued by the 
Commission. 
§ 7319. Records of merchant mariners' documents 
The Secretary shall maintain records on each merchant mariner's 
document issued, including the name and address of the seaman to 
whom issued and the next of kin of the seaman. The records are not 
open to general or public inspection. 
CHAPTER 
75—GENERAL 
PROCEDURES 
FOR 
LICENSING, CERTIFICATION, AND DOCUMEN-
TATION 
Sec. 
7501. Duplicates. 
7502. Records. 
7503. Dangerous drugs as grounds for denial. 
§ 7501. Duplicates 
(a) If a license, certificate, or document issued under this part is 
lost as a result of a marine casualty, the holder shall be supplied 
with a duplicate without cost. 
(b) For any other loss, the seaman may obtain a duplicate on 
pa3maent of reasonable costs prescribed by regulation by the 
Secretary. 
§ 7502. Records 
The Secretary shall maintain records on the issuances, denials, 
suspensions, and revocations of licenses, certificates of registry, 
merchant mariners' documents, and endorsements on those licenses, 
certificates, and documents. 
§ 7503. Dangerous drugs as grounds for denial 
(a) In this section, "dangerous drug" means a narcotic drug, 
controlled substance, and marihuana (as defined in section 102 of 
the Comprehensive Drug Abuse Prevention and Control Act of 1970 
(21 U.S.C. 802)). 
(b) A license, certificate, or document authorized to be issued 
under this part may be denied to an individual who— 
(1) within 10 years before applying for the license, certificate, 
or document, has been convicted of violating a dangerous drug 
law of the United Stetes or of a State; or 
Procedures, 
standards, and 
qualifications. 
Restricted 
inspection. 
"Dangerous 
drug.' 
11-194 O - 85 — 19 : QL 3 
97 STAT. 546 
PUBLIC LAW 98-89—AUG. 26, 1983 
(2) when appl5dng, has ever been a user of, or addicted to, a 
dangerous drug unless the individual provides satisfactory proof 
that the individual is cured. 
CHAPTER 77—SUSPENSION AND REVOCATION 
Sec. 
7701. General. 
7702. Administrative procedure. 
7703. Bases for suspension or revocation. 
7704. Dangerous drugs as grounds for revocation. 
7705. Subpenas and oaths. 
§7701. General 
(a) The purpose of suspension and revocation proceedings is to 
promote safety at sea. 
(b) Licenses, certificates of registry, and merchant mariners' docu-
ments may be suspended or revoked for acts described in section 
7703 of this title. 
(c) When a license, certificate of registry, or merchant mariner's 
document has been revoked under this chapter, the former holder 
may be issued a new license, certificate, or document only after it 
has been decided, under regulations prescribed by the Secretary, 
that the issuance is compatible with the requirements of good 
discipline and safety at sea. 
(d) The Secretary may prescribe regulations to carry out this 
chapter. 
§ 7702. Administrative procedure 
5 use 551-559. 
(a) Sections 551-559 of title 5 apply to each hearing under this 
chapter about suspending or revoking a license, certificate of regis-
try, or merchant mariners' document. 
Appeal. 
(b) The individuEil whose license, certificate of registry, or mer-
chant mariner's document has been suspended or revoked under 
this chapter may appeal, within 30 days, the suspension or revoca-
tion to the Secretary. 
§ 7703. Bases for suspension or revocation 
A license, certificate, or merchant mariner's document issued by 
the Secretary may be suspended or revoked if, when acting under 
the authority of that license, certificate, or document, the holder— 
(1) has violated or failed to comply with this subtitle, a 
regulation prescribed under this subtitle, or any other law or 
regulation intended to promote marine safety or to protect 
navigable waters. 
(2) has committed an act of incompetence, misconduct, or 
negligence. 
§ 7704. Dangerous drugs as grounds for revocation 
"Dangerous 
(a) In this section, "dangerous drug" means a narcotic drug, 
^^^s- 
controlled substance, and marihuana (as defined in section 102 of 
the Comprehensive Drug Abuse Prevention and Control Act of 1970 
(21 U.S.C. 802)). 
(b) If it is shown at a hearing under this chapter that a holder of a 
license, certificate of registry, or document issued under this part, 
within 10 years before the beginning of the proceedings, has been 
convicted of violating a dangerous drug law of the United States or 
of a State, the license, certificate, or document shall be revoked. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 547 
(c) If it is shown that a holder has been a user of, or addicted to, a 
dsmgerous dn^, the license, certificate, or document shall be 
revoked unless the holder provides satisfactory proof that the holder 
is cured. 
§7705. Subpenas and oaths 
(a) An ofiGcial designated to investigate or preside at a hearing on 
matters that are grounds for suspension or revocation of licenses, 
certificates, and documents may administer oaths and issue sub-
penas to compel the attendance and testimony of witnesses and the 
production of records or other evidence during investigations and at 
hearings. 
(b) Tlie jurisdictional limits of a subpena issued under this section 
are the same as, and are enforceable in the same manner as, 
subpenas issued under chapter 63 of this title. 
^«*«' p 537. 
PART F—MANNING OF VESSELS 
CHAPTER 81—GENERAL 
Sec. 
8101. Complement of inspected vessels. 
8102. Watchmen. 
8103. Citizenship and Naval Reserve requirements. 
8104. Watches. 
8105. Regulations. 
§ 8101. Complement of inspected vessels 
(a) The certificate of inspection issued to a vessel under part B of 
this subtitle shall state the complement of licensed individuals and Ante, p. 509. 
crew (including lifeboatmen) considered by the Secretary to be 
necessary for safe operation. A manning requirement imposed on a 
sailing school vessel shall consider the participation of sailing school 
instructors and sailing school students in the operation of that 
vessel. 
(b) The Secretary may modify the complement, by endorsement on 
the certificate, for reasons of changed conditions or emplo5mient. 
(c) A requirement made under this section by an authorized Appeal to 
official may be appealed to the Secretary under prescribed Secretary. 
regulations. 
(d) A vessel to which this section applies may not be operated 
without having in its service the complement required in the certifi-
cate of inspection. 
(e) When a vessel is deprived of the service of a member of its 
complement without the consent, fault, or collusion of the owner, 
charterer, managing operator, agent, master, or individual in charge 
of the vessel, the master shall engage, if obtainable, a number of 
members equal to the number of those of whose services the master 
has been deprived. The replacements must be of the same or a 
higher grade or rating than those whose places they fill. If the 
master finds the vessel is sufficiently manned for the voyage, and 
replacements are not available to fill all the vacancies, the vessel 
may proceed on its voyage. Within 12 hours after the vessel arrives Report. 
at its destination, the master shall report in writing to the Secretary 
the cause of each deficiency in the complement. A master failing to Civil penalty. 
make the report is liable to the United States Government for a civil 
penalty of $50 for each deficiency. 
97 STAT. 548 
PUBLIC LAW 98-89—AUG. 26, 1983 
Civil penalty. 
Ante, p. 509. 
Civil penalty. 
Civil penalty. 
Civil penalty. 
Employment 
of aliens. 
(f) The owner, charterer, or managing operator of a vessel not 
manned as required by this section is liable to the Government for a 
civil penalty of $100, or, for a deficiency of a licensed individual, a 
penalty of $500. 
(g) A person may not employ an individual as, and an individual 
may not serve as, a master, mate, engineer, radio officer, or pilot of 
a vessel to which this part or part B of this subtitle applies if the 
individual is not licensed by the Secretary. A person (including an 
individual) violating this subsection is liable to the Government for 
a civil penalty of not more than $500. Each day of a continuing 
violation is a separate offense. 
(h) The owner, charterer, or managing operator of a freight vessel 
of less than 100 gross tons, a small passenger vessel, or a sailing 
school vessel not manned as required by this section is liable to the 
Government for a civil penalty of $1,000. The vessel also is liable in 
rem for the penalty. 
§ 8102. Watchmen 
The owner, charterer, or managing operator of a vessel canying 
passengers during the nighttime shall keep a suitable number of 
watchmen in the vicinity of the cabins or staterooms and on each 
deck to guard against and give alarm in case of a fire or other 
danger. An owner, charterer, or managing operator failing to pro-
vide watchmen required by this section is liable to the United States 
Government for a civil penalty of $1,000. 
§ 8103. Citizenship and Naval Reserve requirements 
(a) Only a citizen of the United States may serve as master, chief 
engineer, or officer in charge of a deck watch or engineering watch 
on a documented vessel. 
O
t
)
) On each departure of a documented vessel (except a fishing or 
whaling vessel or yacht) from a port of the United States, 75 percent 
of the seamen (excluding licensed individuals) must be citizens of the 
United States. If the Secretary decides, on investigation, that quali-
fied citizen seamen are not available, the Secretary may reduce the 
percentage. 
(c) On each departure from the United States of a vessel (except a 
passenger vessel) for which a construction or operating differential 
subsidy has been granted, all of the seamen of the vessel must be 
citizens of the United States. 
(dXD On each departure from the United States of a passenger 
vessel for which a construction or operating differential subsidy has 
been granted, at least 90 percent of the entire complement (includ-
ing licensed individuals) must be citizens of the United States. 
(2) An individual not required by this subsection to be a citizen of 
the United States may he engaged only if the individual has a 
declaration of intention to become a citizen of the United States or 
other evidence of admission to the United States for permanent 
residence. An alien may be employed only in the steward's depart-
ment of the passenger vessel. 
(e) If a documented vessel is deprived for any reason of the 
services of an individual (except the master) when on a foreign 
voyage and a vacancy consequently oa;urs, until the vessel's first 
return to a United States port at which a replacement who is a 
citizen of the United States can be obtained, an individual not a 
citizen of the United States may serve in— 
(1) the vacancy; or 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 549 
Suspensions by 
President. 
(2) a vacancy resulting from the promotion of another individ-
ual to fill the original vacancy. 
(f) A person employing an individual in violation of this section or Civil penalty 
a regulation prescribed under this section is liable to the United 
States Government for a civil penalty of $500 for each individual so 
employed. 
(g) A deck or engineer officer employed on a vessel on which an 
operating differential subsidy is paid, or employed on a vessel 
(except a vessel of the Coast Guard or Saint Lawrence Seaway 
Development Corporation) owned or operated by the Department of 
Transportation or by a corporation organized or controlled by the 
Department, if eligible, shall be a member of the Naval Reserve. 
(h) The President may— 
(1) suspend any part of this section during a proclaimed 
national emergency; and 
(2) when the needs of commerce require, suspend as far and 
for a period the President considers desirable, subsection (a) of 
this section for crews of vessels of the United States documented 
for foreign trade. 
§ 8104. Watches 
(a) An owner, charterer, managing operator, master, individual in 
charge, or other person having authority may permit an officer to 
take charge of the deck watch on a vessel when leaving or immedi-
ately after leaving port only if the officer has been off duty for at 
least 6 hours within the 12 hours immediately before the time of 
leaving. 
(b) On an oceangoing or coastwise vessel of not more than 100 
gross tons, a licensed individual may not be required to work more 
than 9 of 24 hours when in port, including the date of arrival, or 
more than 12 of 24 hours at sea, except in an emergency when life or 
property are endangered. 
(c) On a towing vessel (except a towing vessel operated only for 
fishing or engaged in salvage operations) operating on the Great 
Lakes, harbors of the Great Lakes, and connecting or tributary 
waters between Gary, Indiana, Duluth, Minnesota, Niagara Falls, 
New York, and Ogdensburg, New York, a licensed individual or 
seaman in the deck or engine department may not be required or 
permitted to work more than 8 hours in one day, except in an 
emergency when life or property are endangered. 
(d) On a merchant vessel of more than 100 gross tons (except a 
vessel only operating on rivers, harbors, lakes (except the Great 
Lakes), bays, sounds, bayous, and canals, a fishing or whaling vessel, 
yacht, or vessel engaged in salvage operations), the licensed individ-
uals, sailors, coal passers, firemen, oilers, and water tenders shall be 
divided, when at sea, into at least 3 watches, and shall be kept on 
duty successively to perform ordinary work incident to the operation 
and management of the vessel. The requirement of this subsection 
applies to radio officers only when at least 3 radio officers are 
employed. A licensed individual or seaman in the deck or engine 
department may not be required to work more than 8 hours in one 
day. 
(e) On a vessel designated by subsections (c) and (d) of this 
section— 
(1) a seaman may not be— 
(A) engaged to work alternately in the deck and engine 
departments; or 
97 STAT. 550 
PUBLIC LAW 98-89—AUG. 26, 1983 
Civil penalty. 
Civil penalty. 
Post, p. 555. 
Ante, p. 509. 
(B) required to work in the engine department if engaged 
for deck department duty or required to work in the deck 
department if engaged for engine department duty; 
(2) a seaman may not be required to do unnecessary work on 
Sundays, New Year's Day, July 4th, Labor Day, Thanksgiving 
Day, or Christmas Day, when the vessel is in a safe harbor, but 
this clause does not prevent dispatch of a vessel on a voyage; 
and 
(3) when the vessel is in a safe harbor, 8 hours (including 
anchor watch) is a day's work. 
(f) Subsections (d) and (e) of this section do not limit the authority 
of the master or other officer or the obedience of the seamen when, 
in the judgment of the master or other officer, any part of the crew 
is needed for— 
(1) maneuvering, shifting the berth of, mooring, or unmoor-
ing, the vessel; 
(2) performing work necessary for the safety of the vessel, or 
the vessel's passengers, crew, or cargo; 
(3) saving life on board another vessel in jeopardy; or 
(4) performing fire, lifeboat, or other drills in port or at sea. 
(g) On a towing vessel (except a vessel to which subsection (c) of 
this section applies), an offshore supply vessel, or a barge to which 
this section applies, that is engaged on a voyage of less than 600 
miles, the licensed individuals and crewmembers (except the coal 
passers, firemen, oilers, and water tenders) may be divided, when at 
sea, into at least 2 watches. 
(h) On a vessel to which section 8904 of this title applies, an 
individual licensed to operate a towing vessel may not work for 
more than 12 hours in a consecutive 24-hour period except in an 
emergency. 
(i) A person violating subsection (a) or (b) of this section is liable to 
the United States Government for a civil penalty of $100. 
(j) The owner, charterer, or managing operator of a vessel on 
which a violation of subsection (c), (d), (e), or (h) of this section occurs 
is liable to the Government for a civil penalty of $500. The seaman is 
entitled to discharge from the vessel and receipt of wages earned. 
§ 8105. Regulations 
The Secretary may prescribe regulations to carry out this part. 
CHAPTER 83—MASTERS AND OFFICERS 
Sec. 
8301. Minimum number of licensed individuals. 
8302. Staff department. 
8303. Service under licenses issued without examination. 
8304. Implementing the Officers' Competency Certificates Convention, 1936. 
§ 8301. Minimum number of licensed individuals 
(a) Except as provided in chapter 89 of this title and except for a 
vessel operating only on rivers, harbors, lakes, bays, sounds, bayous, 
and canals, a vessel to which part B of this subtitle applies shall 
engage a minimum of licensed individuals as follows: 
(1) Each of those vessels shall have a licensed master. 
(2) A vessel of at least 1,000 gross tons and propelled by 
machinery shall have 3 licensed mates. However, if the vessel is 
on a voyage of less than 400 miles from port of departure to port 
of final destination, it shall have 2 licensed mates. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 551 
(3) A vessel of at least 200 gross tons but less than 1,000 gross 
tons and propelled by machinery shall have 2 licensed mates. 
(4) A vessel of at least 100 gross tons but less than 200 gross 
tons and propelled by machinery shall have one licensed mate. 
However, if the vessel is on a voyage of more than 24 hours, it 
shall have 2 licensed mates. 
(5) A freight vessel or a passenger vessel of at least 300 gross 
tons and propelled by machinery shall have a licensed engineer. 
(b) An offshore supply vessel on a voyage of less than 600 miles 
shall have a licensed mate. However, if the vessel is on a voyage of 
at least 600 miles, the vessel shall have 2 licensed mates. An 
offshore supply vessel of more than 200 gross tons may not be 
operated without a licensed engineer. 
(c) Subsection (a) of this section does not apply to a fishing or 
whaling vessel or a yacht. 
(d) The Secretary may— 
(1) suspend any part of this chapter during a national emer-
gency proclaimed by the President; and 
(2) increase the number of licensed individuals on a vessel to 
which this chapter applies if, in the Secretary's judgment, the 
vessel is not sufficiently manned for safe operation. 
§ 8302. Staff department 
(a) This section applies to a vessel of the United States except— 
(1) a fishing or whaling vessel or a yacht; 
(2) a vessel operated only on bays, sounds, inland waters, and 
lakes (except the Great Lakes); and 
(3) a vessel ferr3dng passengers and cars on the Great Lakes. 
(b) The staff department on a vessel is a separate and independent 
department. It consists of individuals registered under section 7101 
of this title, clerks and individuals assigned to the senior registered 
medical doctor. 
(c) The staff department is composed of a medical division and a 
purser's division. The officer in charge of each division is responsible 
only to the master. The senior registered medical doctor is in charge 
of the medical division. The senior registered purser is in charge of 
the purser's division. 
(d) The officer in charge of the purser's division of the staff 
department on an oceangoing passenger vessel licensed to carry 
more than 100 passengers sh^l be a registered chief purser. When 
more than 3 persons are employed in the purser's division of that 
vessel, there also shall be at least one registered senior assistant 
purser and one registered junior assistant purser. 
(e) A person may not employ an individual to serve in, and an Civil penalty 
individual may not serve in, a grade of staff officer on a vessel, when 
that staff officer is required by this section to be registered, if the 
individual does not have a certificate of registry as staff officer in 
that grade. A person (including an individual) violating this subsec-
tion is liable to the United States Government for a civil penalty of 
$100. However, if a registered staff officer is not available at the 
time of sailing, the vessel may sail with an unregistered staff officer 
or without a staff officer. 
(f) A staff officer may not be included in a vessel's certificate of 
inspection. 
(g) A registered staff officer serving under this section who is a 
member of the Naval Reserve may wear on the officer's uniform 
Purser's 
division. 
Naval Reserve 
members. 
97 STAT. 552 
PUBLIC LAW 98-89—AUG. 26, 1983 
special distinguishing insignia prescribed by the Secretary of the 
Navy. 
(h) The uniform stripes, decoration, or other insignia worn by a 
staff officer shsill be of gold braid or woven gold or silver material. A 
crewmember (except a staff officer) may not wear any uniform with 
a staff officer's identifying insignia. 
§ 8303. Service under licenses issued without examination 
An individual issued a license without examination before Octo-
ber 29, 1941, to serve as master, mate, or engineer on a vessel not 
Ante, p. 509. 
subject to inspection under part B of this subtitle, may not serve 
under authority of that license on a vessel that is subject to inspec-
tion under part B. 
§8304. Implementing the OfHcers' Competency CertiHcates Con-
vention, 1936 
"High seas." 
(a) In this section, "high seas" means waters seaward of the 
Boundary Line. 
(b) The Officers' Competency Certificates Convention, 1936 (Inter-
54 Stat. 1683. 
national Labor Organization Draft Convention Numbered 53, on the 
minimum requirement of professional capacity for masters and 
officers on board merchant vessels), as ratified by the President on 
September 1, 1938, with understandings appended, and this section 
apply to a documented vessel operating on the high seas except— 
(1) a public vessel; 
(2) a wooden vessel of primitive build, such as a dhow or junk; 
(3) a barge; and 
(4) a vessel of less than 200 gross tons. 
(c) A person may not engage or employ an individual to serve as, 
and an individual may not serve as, a master, mate, or engineer on a 
vessel to which this section applies, if the individual does not have a 
license issued under section 7101 of this title authorizing service in 
the capacity in which the individual is to be engaged or employed. 
(d) A person (including an individual) violating this section is 
liable to the United States Government for a civil penalty of $100. 
(e) A license issued to an individual to whom this section applies is 
a certificate of competency. 
(D A designated official may detain a vessel to which this section 
applies (by written order served on the owner, charterer, managing 
operator, agent, master, or individual in charge of the vessel) when 
there is resison to believe that the vessel is about to proceed from a 
port of the United States to the high seas in violation of this section 
or a provision of the convention described in subsection (b) of this 
section. The vessel may be detained until the vessel complies with 
this section. Clearance may not be granted to a vessel ordered 
detained under this section. 
(g) A foreign vessel to which the convention described in subsec-
tion (b) of this section applies, on the navigable waters of the United 
States, is subject to detention under subsection (f) of this section, and 
to an examination that may be necessary to decide if there is 
compliance with the convention. 
Appeal. 
(h) The owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel detained under subsection (f) or (g) of 
this section may appeal the order within 5 days as provided by 
regulation. 
Enforcement. 
(i) An officer or employee of the Customs Service may be desig-
nated to enforce this section. 
Civil penalty. 
Vessel 
detention. 
PUBLIC LAW 98-89—AUG. 26, 1983 
CHAPTER 85—PILOTS 
97 STAT. 553 
Ante, p. 509. 
Ante, p. 520. 
Sec. 
8501. State regulation of pilots. 
8502. Federal pilots required. 
§ 8501. State regulation of pilots 
(a) Except as otherwise provided in this part, pilots in the bays, 
rivers, harbors, and ports of the United States shall be regulated 
only in conformity with the laws of the States. 
(b) The master of a vessel entering or leaving a port on waters 
that are a boundary between 2 States, and that is required to have a 
pilot under this section, may employ a pilot licensed or authorized 
by the laws of either of the 2 States. 
(c) A State may not adopt a regulation or provision that discrimi-
nates in the rate of pilotage or half-pilotage between vessels sailing 
between the ports of one State and vessels sailing between the ports 
of different States, or against vessels because of their means of 
propulsion, or against public vessels of the United States. 
(d) A State may not adopt a regulation or provision that requires a 
coastwise vessel to take a pilot licensed or authorized by the laws of 
a State if the vessel— 
(1) is propelled by machinery and subject to inspection under 
part B of this subtitle; or 
(2) is subject to inspection under chapter 37 of this title, 
(e) Any regulation or provision violating this section is void. 
§ 8502. Federal pilots required 
(a) A coastwise seagoing vessel, when not sailing on register and 
when underway (except on the high seas), shall be under the direc-
tion 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. 
(b) The fees charged for pilotage by pilots required under this 
section may not be more than the customary or legally established 
rates in the States in which the pilotage is performed. 
(c) A State or political subdivision of a State may not impose on a 
pilot licensed under this subtitle an obligation to procure a State or 
other license, or adopt any other regulation that will impede the 
pilot in the performance of the pilot's duties under the laws of the 
United States. 
(d) A State or political subdivision of a State may not levy pilot 
charges on a vessel lawfully piloted by a pilot required under this 
section. 
(e) The owner, charterer, managing operator, agent, master, or Civil penalty. 
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 $500. The vessel also is 
liable in rem for the penalty. 
(f) An individual serving as a pilot without having a license Civil penalty. 
required by this section or a regulation prescribed under this section 
is liable to the Government for a civil penalty of $500. 
97 STAT. 554 
PUBLIC LAW 98-89—AUG. 26, 1983 
CHAPTER 87—UNLICENSED PERSONNEL 
Sec. 
8701. Merchant mariners' documents required. 
8702. Certain crew requirements. 
8703. Tankermen on tank vessels. 
§ 8701. Merchant mariners' documents required 
(a) This section applies to a merchant vessel of at least 100 gross 
tons except— 
(1) a vessel operating only on rivers and lakes (except the 
Great Lakes); 
(2) a bai^e (except a seagoing barge or a barge to which 
Ante, p. 520. 
chapter 37 of this title applies); 
(3) a fishing or whaling vessel or a yacht; 
(4) a sailing school vessel with respect to sailing school 
instructors and sailing school students; and 
(5) £in oceeinographic research vessel with respect to scientific 
personnel. 
(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 docu-
ment 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. 
Civil penalty. 
(d) A porson (including an individual) violating this section is 
liable to the United States Government for a civil penalty of $500. 
§ 8702. Certain crew requirements 
(a) This section appUes to a vessel of at least 100 gross tons 
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 or whaling vessel or a yacht; 
(4) a sailing school vessel with respect to sailing school 
instructors and sailing school students; and 
(5) an oceanographic research vessel with respect to scientific 
personnel. 
(b) A vessel may depart from a port of the United States 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 on a vessel permitted under section 8104 of this 
title to maintain a 2-watch system. 
(c) An able seaman is not required on a towing vessel operating on 
bays and sounds connected directly with the seas. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 555 
(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 Civil penalty. 
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 $500. 
§ 8703. Tankermen on tank vessels 
(a) A vessel of the United States to which chapter 37 of this title Ante, p. 520. 
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) The Secretary shall prescribe procedures, standards, and quali-
fications for the issuance of certificates as tankermen, stating the 
t3rpes of oil or hazardous material that can be handled with safety to 
the vessel and the marine environment. 
(c) 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. 
CHAPTER 89—SMALL VESSEL MANNING 
Sec. 
8901. Freight vessels. 
8902. Small passenger vessels. 
8903. Uninspected passenger vessels. 
8904. Towing vessels. 
8905. Exemptions. 
8906. Penalty. 
§8901. Freight vessels 
A freight vessel of less than 100 gross tons shall be operated by an 
individual licensed by the Secretary to operate that type of vessel in 
the particular geographic area, under prescribed regulations. 
§ 8902. Small passenger vessels 
vessel shall be operated by an individual 
kfo-rv frt nrkorafo fViof fvr»<» r\f 
17ACOO1 i n 
fVio 
A small passenger vessel shall be operated by an ind 
licensed by the Secretary to operate that type of vessel 
particular geographic area, under prescribed regulations. 
§ 8903. Uninspected passenger vessels 
An uninspected passenger vessel shall be operated by an individ-
ual licensed by the Secretary to operate that type of vessel, under 
prescribed regulations. 
§8904. Towing vessels 
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. 
97 STAT. 556 
PUBLIC LAW 98-89—AUG. 26, 1983 
§ 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 a vessel of less than 
200 gross tons 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. 
§ 8906. Penalty 
An owner, charterer, managing operator, agent, master, or indi-
vidual 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 $1,000. The vessel also is 
liable in rem for the penalty. 
CHAPTER 91—TANK VESSEL MANNING 
STANDARDS 
Sec. 
9101. Standards for foreign tank vessels. 
9102. Standards for tank vessels of the United States. 
§ 9101. Standards for foreign tank vessels 
(a) The Secretary shall— 
(1) periodically evaluate the manning, training, qualification, 
and watchkeeping standards prescribed by the certificating 
Ante, p. 520. 
country of a foreign vessel to which chapter 37 of this title 
applies, that operates on the navigable waters of the United 
States and transfers oil or hazardous material in a port or place 
under the jurisdiction of the United States; and 
(2) after each evaluation made under clause (1) of this subsec-
tion, decide whether the foreign country, whose system for 
licensing and certification of seamen was evaluated, has stand-
ards that are equivalent to or more stringent than United 
States standards or international standards accepted by the 
United States. 
(b) A foreign vessel 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 personnel certified as 
tankerman or equivalent, as required by the Secretary, when the 
vessel transfers oil or hazardous material in a port or place subject 
to the jurisdiction of the United States. The requirement of this 
subsection shall be noted in applicable terminal operating proce-
dures. A transfer operation may take place only if the crewmember 
in charge is capable of clearly understanding instructions in 
English. 
§ 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— 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 557 
(1) instruction in vessel and cargo handling and vessel naviga-
tion under normal operating conditions in coastal and confined 
waters and on the high seas; 
(2) instruction in vessel and cargo handling and vessel naviga-
tion in emei^ency 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 respon-
sibilities; and 
(7) decisions about licenses and certificates, conditions of 
licensing or certification, and periods of licensing or certifica-
tion by reference to experience, amount of training completed, 
and regular performance testing. 
(b) The Secretary shall waive the application of criteria required Waiver. 
by subsection (aX5) 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 Secre-
tary 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. 
CHAPTER 93—GREAT LAKES PILOTAGE 
Sec. 
9301. Definitions. 
9302. Great Lakes pilots required. 
9303. United States roistered pilot service. 
9304. Pilotage pools. 
9305. Agreements with Canada. 
9306. State regulation prohibited. 
9307. Great Lakes Piloteige Advisory Committee. 
9308. Penalties. 
§ 9301. Defmitions 
In this chapter— 
(1) "Canadian registered pilot" means an individual (except a 
regular crewmember of a vessel) who is registered by Canada on 
the same basis as an individual registered under section 9303 of 
this title. 
(2) "Great Lakes" means Lakes Superior, Michigan, Huron, 
Erie, and Ontario, their connecting and tributary waters, the 
Saint Lawrence River as far east as Sednt Regis, and adjacent 
port areas. 
(3) "United States registered pilot" means an individual 
(except a regular crewmember of a vessel) who is registered 
under section 9303 of this title. 
§ 9302. Great Lakes pilots required 
(a)(1) Except as provided in subsections (d) and (e) of this section, 
each vessel of the United States operating on register and each 
foreign vessel shall engage a United States or Canadian registered 
pilot for the route being navigated who shall— 
97 STAT. 558 
PUBLIC LAW 98-89—AUG. 26, 1983 
Presidential 
water designa-
tions. 
Regulations on 
competency 
standards. 
Certificates. 
(A) in waters of the Great Lakes designated by the President, 
direct the navigation of the vessel subject to the customary 
authority of the master; and 
(B) in waters of the Great Lakes not designated by the Presi-
dent, be on board and available to direct the navigation of 
the vessel at the discretion of and subject to the customary 
authority of the master. 
(2) The President shall make water designations under this sub-
section with regard to the public interest, the effective use of 
navigable waters, marine safety, and the foreign relations of the 
United States. 
(b) An individual of a vessel licensed for navigation on the Great 
Lakes under section 7101 of this title, or equivalent provisions of 
Canadian law, and qualified for the route being navigated, may 
serve as the pilot required on waters not designated by the 
President. 
(c) The authority extended under subsections (a) and (b) of this 
section to a Canadian registered pilot or other Canadian licensed 
officer to serve on certain vessels in United States waters of the 
Great Lakes shall continue as long as Canada extends reciprocity to 
United States registered pilots and other individuals licensed by the 
United States for pilotage service in Canadian waters of the Great 
Lakes. 
(d) A vessel may be operated on the United States waters of the 
Great Lakes without a United States or Canadian registered pilot 
when— 
(1) the Secretary notifies the master that a registered pilot is 
not available; or 
(2) the vessel or its cargo is in distress or jeopardy. 
(e) A Canadian vessel regularly operating on the Great Lakes or 
between ports on the Great Lakes and the Saint Lawrence River, 
with only an occasional voyage to ports in the maritime provinces of 
Canada in the Canadian coastal trade, is exempt from subsections 
(a) and (b) of this section as long as Canada permits enrolled vessels 
of the United States to be operated on Canadian waters of the Great 
Lakes under the direction of individuals licensed under section 7101 
of this title. 
§ 9303. United States registered pilot service 
(a) The Secretary shall prescribe by regulation standards of com-
petency to be met by each applicant for registration under this 
chapter. An applicant must— 
(1) have a license as master, mate, or pilot issued under 
section 7101 of this title; 
(2) have acquired at least 24 months licensed service or equiv-
alent experience on vessels or integrated towing vessels and 
tows of at least 4,000 gross tons, operating on the Great Lakes or 
oceans, with a minimum of 6 months of that service or experi-
ence having been on the Great Lakes; and 
(3) agree that, if appointed as a United States registered pilot, 
the applicant will be available for service when required. 
db) The Secretary shall issue to each registered pilot under this 
chapter a certificate of registration describing the areas within 
which the pilot may serve. The pilot shall carry the certificate when 
in the service of a vessel. 
(c) The Secretary shall prescribe by regulation the duration of 
validity of registration. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 559 
5 u s e 551-559. 
Ante, p. 546. 
Regulations on 
rates and 
charges. 
(d) The Secretary may prescribe by regulation the conditions for 
service by United States registered pilots, including availability for 
service. 
(e) Subject to sections 551-559 of title 5, the Secretary may 
suspend or revoke a certificate of registration issued under this 
section if the holder fails to comply with a regulation prescribed 
under this chapter. Suspension or revocation of the holder's license 
under chapter 77 of this title includes the holder's certificate of 
registration. 
(f) The Secretary shall prescribe by regulation rates and charges 
for pilotage services, giving consideration to the public interest and 
the costs of providing the services. 
§ 9304. Pilotage pools 
(a) The Secretary may authorize the formation of a pool by a 
voluntary association of United States registered pilots to provide 
for efficient dispatching of vessels and rendering of pilotage services. 
(b) For pilotage pools, the Secretary may— 
(1) limit the number of the pools; 
(2) prescribe regulations for their operation and administra-
tion; 
(3) prescribe a uniform system of accounts; 
(4) perform audits and inspections; and 
(5) require coordination on a reciprocal basis with similar pool 
arrangements authorized by the appropriate agency of Canada. 
§ 9305. Agreements with Canada 
To provide for a coordinated system of pilotage service on the 
Great Lakes, the Secretary, subject to the concurrence of the Secre-
tary of State, may make agreements with the appropriate agency of 
Canada to— 
(1) fix the number of pilots to be registered in each country; 
(2) provide for participation on an equitable basis; 
(3) prescribe joint or identical rates and charges; 
(4) coordinate pool operations; and 
(5) establish conditions for services by registered pilots. 
§ 9306. State regulation prohibited 
A State or political subdivision of a State may not regulate or 
impose any requirement on pilotage on the Great Lakes. 
§ 9307. Great Lakes Pilotage Advisory Committee 
(a) The Secretary may establish a Great Lakes Pilotage Advisory 
Committee. The Committee— 
(1) may review proposed Great Lakes pilotage regulations and 
policies and make recommendations to the Secretary that the 
Committee considers appropriate; 
(2) may make available to Congress recommendations that 
the Committee makes to the Secretary; and 
(3) shall meet at the call of the Secretary. 
(b) The Committee shall consist of 3 members appointed by the Membership. 
Secretary each of whom has at least 5 years practical experience in 
maritime operations. The term of each member is for a period of not 
more than 5 years, specified by the Secretary. Before filling a 
position on the Committee, the Secretary shall publish a notice in 
the Federal Register soliciting nominations for membership on the 
Committee. 
Notice, publica-
tion in Federal 
Register. 
97 STAT. 560 
PUBLIC LAW 98-89—AUG. 26, 1983 
Travel expenses. 
(c) When attending meetings or otherwise serving at the request 
of the Secretary, a member of the Committee (except a member 
regularly employed by the United States Grovernment) may be paid 
at a rate of not more than $75 a day. When serving away from home 
or regular place of business, the member may be allowed travel 
expenses, including per diem in lieu of subsistence as authorized by 
5 use 5703. 
section 5703 of title 5 for individuals employed intermittently in the 
Government service. 
§ 9308. Penalties 
(a) An owner, charterer, managing operator, agent, master, or 
individued 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 Grovernment for a civil penalty of $500 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 viola-
tion of section 9302 of this title is liable to the Grovernment for a civil 
penalty of $500 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 $500. 
PART G—MERCHANT SEAMEN PROTECTION AND REUEF 
CHAPTER 101—GENERAL 
Sec. 
lOlbl. Definitions. 
10102. Designations and duties of shipping commissioners. 
10103. Reports. 
10104. Relations. 
§ 10101. Definitions 
In this part— 
(1) "master" means the individual having command of a 
vessel owned by a citizen of the United States. 
(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 owned by a 
citizen of the United States. 
§ 10102. Designations and duties of shipping commissioners 
(a) The Secretary shall designate officers, employees, and mem-
bers of the Coast Guard to act as shipping commissioners under this 
part. The Secretary may designate officers and employees of the 
Customs Service as shipping commissioners. 
(b) The general duties of shipping commissioners are to supervise 
the engagement and discharge of seamen. 
(c) The owner, charterer, managing operator, agent, or master of 
the vessel shall perform the duties of shipping commissioner when a 
shipping commissioner isnot available. 
§ 10103. Reports 
(a) A master of a vessel to which section 8701(a) of this title 
applies, who engages or discharges a seaman without a shipping 
commissioner being present, shall submit reports in the form, con-
tent, and manner of filing as prescribed by regulation, to ensure 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 561 
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. 
§ 10104. Regulations 
The Secretary may prescribe regulations to carry out this part. 
CHAPTER 103—FOREIGN AND INTERCOASTAL 
VOYAGES 
Sec. 
10301. Application. 
10302. Shipping articles agreements. 
10303. Provisions. 
10304. Form of agreement. 
10305. Manner of signing agreement. 
10306. Exhibiting merchant mariners' documents. 
10307. Posting agreements. 
10308. Foreign engagements. 
10309. Engaging seamen to replace those lost by desertion or casualty. 
10310. Discharge. 
10311. Certificates of discharge. 
10312. Settlements on discharge. 
10313. Wages. 
10314. Advances. 
10315. Allotments. 
10316. Trusts. 
10317. Loss of lien and right to wages. 
10318. Wages on discharge in foreign ports. 
10319. Costs of a criminal conviction. 
10320. Records of seamen. 
10321. General penalty. 
§ 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 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. 
(c) Unless otherwise provided, this chapter does not apply to a 
foreign vessel. 
§ 10302. Shipping articles agreements 
(a) Before proceeding on a voyage, the master of a vessel to which 
this chapter applies shall make a shipping articles agreement in 
writing with each seaman in the crew. 
db) The agreement shall contain the following: 
(1) the nature, and, as far as practicable, the duration of the 
intended voyage, and the port or country in which the voyage is 
to end. 
(2) the number and description of the crew and the capacity in 
which each seaman is to be engaged. 
97 STAT. 562 
PUBLIC LAW 98-89—AUG. 26, 1983 
Meals. 
Posted 
copy of 
text. 
(3) the time at which each seaman is to be on board to begin 
work. 
(4) the amount of wages each seaman is to receive. 
(5) regulations about conduct on board, and information on 
fines, short allowance of provisions, and other punishment for 
misconduct provided by law. 
(6) a scale of the provisions that are to be provided each 
seaman. 
(7) any stipulation in reference to advances and allotments of 
w£^es. 
(8) other matters not contrary to law. 
§ 10303. Provisions 
(a) A seaman shall be served at least 3 meals a day that total at 
least 3,100 calories, including adequate water and adequate protein, 
vitamins, and minerals in accordance with the United States Recom-
mended Daily Allowances. 
(b) The text of subsection (a) of this section shall be included in the 
agreement required by section 10302 of this title. A copy of the text 
also shall be posted in a conspicuous place in the galley and forecas-
tle of each vessel. 
(c) This section does not apply to a fishing or whaling vessel or a 
yacht. 
§ 10304. Form of agreement 
The form of the agreement required by section 10302 of this title 
shall be in substance as foUows: 
UNITED STATES OF AMERICA 
(Date and place of first signature of agreement): 
It is agreed between the master and seamen of the 
, 
of which 
is at present master, or whoever 
shall go for master, now bound from the port of 
to 
(here the voyage is to be described, and 
the places named at which the vessel is to touch, or if that cannot be 
done, the general nature and probable length of the voyage is to be 
stated). 
The seamen agree to conduct themselves in an orderly, faithful, 
honest, and sober manner, and to be at all times diligent in their 
respective duties, and to be obedient to the lawful commands of the 
master, or of an individual who lawfully succeeds the master, and of 
their superior officers in everything related to the vessel, and the 
stores and cargo of the vessel, whether on board, in boats, or on 
shore. In consideration of this service by the seamen to be per-
formed, the master agrees to pay the crew, as wages, the amounts 
beside their names respectively expressed, and to supply them with 
provisions according to the annexed scale. 
It is agreed that any embezzlement, or willful or negligent de-
struction of any part of the vessel's cargo or stores, shall be made 
good to the owner out of the wages of the person guilty of the 
embezzlement or destruction. 
If an individual holds himself or herself out as qualified for a duty 
which the individual proves incompetent to perform, the individ-
ual's wages shall be reduced in proportion to the incompetency. 
It also is agreed that if a seaman considers himself or herself to be 
aggrieved by any breach of this agreement or otherwise, the seaman 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 563 
shall present the complaint to the master or officer in charge of the 
vessel, in a quiet and orderly manner, who shall take steps that the 
case requires. 
It also is £igreed that (here any other stipulations may be inserted 
to which the parties agree, and that are not contrary to law). 
In witness whereof, the parties have subscribed their names to 
this agreement, on the dates beside their respective signatures. 
Signed by 
, master, on the 
day of 
, nineteen hundred and 
Signature of seaman 
Birthplace 
Age 
Height: 
Feet 
Inches 
Description: 
Complexion 
Hair 
Wages each month 
Wages each voyage 
Advance wages 
Amount of monthly allotment 
Time of service: 
Months 
Dajrs 
Hospital money 
Whole wages 
Wages due 
Place and time of entry 
Time at which seaman is to be 
onboard 
In what capacity 
Shipping commissioner's signa-
ture or initials 
Allotment payable to 
Conduct qualifications 
NOTE.—In the place for signature and descriptions of individuals engaged after the first 
departure of the vessel, the entries are to be made as above, except that the signature of the 
consul or vice consul, customs officer, or witness before whom the individued is engaged, is to be 
entered. 
§ 10305. Manner of signing agreement 
(a) The agreement required by section 10302 of this title shall be 
signed— 
(1) first by the master and dated at that time, after which 
each seaman shall sign; and 
(2) in the presence of a shipping commissioner. 
(b) When the crew is first engaged, the agreement shall be signed 
in duplicate. One of the copies shall be retained by the shipping 
commissioner. The other copy shall contain space for the description 
and signatures of seamen engaged subsequent to the first making of 
the agreement, and shall be delivered to the master. 
(c) An agreement signed before a shipping commissioner shall be 
acknowledged and signed by the commissioner on the agreement in 
the manner and form prescribed by regulation. The acknowlecfe-
ment and certification shall include a statement by the commis-
sioner that the seaman— 
(1) has read the agreement; 
(2) is acquainted with and understands its conditions; and 
(3) has signed it freely and voluntarily when sober. 
97 STAT. 564 
PUBLIC LAW 98-89—AUG. 26, 1983 
§ 10306. Exhibiting^ merchant mariners* documents 
Before signing the agreement required by section 10302 of this 
title, each individual required by section 8701 of this title to have a 
merchant mariner's document shall exhibit to the shipping commis-
sioner a document issued to the individual, appropriately endorsed 
for the capacity in which the individual is to serve. 
§ 10307. Posting agreements 
At the beginning of a voyage, the master shall have a legible copy 
of the agreement required by section 10302 of this title, omitting 
Civil penalty. 
signatures, exhibited in a part of the vessel accessible to the crew. A 
master violating this section is liable to the United States Grovem-
ment for a civil penalty of $100. 
§ 10308. Foreign engagements 
(a) When a seaman is engaged outside the United States, the 
agreement required by section 10302 of this title shall be signed in 
the presence of a consular officer. If a consular officer is not 
available at the port of engagement, the seaman may be engaged, 
and the agreement shall be signed in the next port at which a 
consular officer is available. 
Civil penalty. 
(b) A master engaging a seaman in violation of this section is 
liable to the United States Grovernment for a civil penalty of $100. 
The vessel also is liable in rem for the penalty. 
§10309. Engaging seamen to replace those lost by desertion or 
(Casualty 
(a) If a desertion or casualty results in the loss of at least one 
seaman, the master shall engage, if obtainable, a number equal to 
the number of seamen of whose services the master has been 
deprived. The new seaman must have at least the same grade or 
rating as the seaman whose place the new seaman fills. The master 
shall report the loss and replacement to a consular officer at the 
first port at which the master arrives. 
Civil penalty. 
(b) The master is liable to the United States Grovernment for a 
civil penalty of $200 for each report not made. The vessel also is 
liable in rem for the penalty. 
(c) This section does not apply to a fishing or whaling vessel or a 
yacht. 
§ 10310. Discharge 
A master shall deliver to a seaman or a shipping commissioner a 
full and true account of the seaman's wages and all deductions at 
Civil penalty. 
least 48 hours before paying off or discharging the seaman. A 
master failing to deliver the account is liable to the United States 
Government for a civil penalty of $50. 
§ 10311. CertiHcates of discharge 
(a) On discharging a seaman and pa3dng the seaman's wages, the 
shipping commissioner shall provide the seaman with a certificate of 
discharge. The form of the certificate shall be prescribed by regula-
tion. It shall contain— 
(1) the name of the seaman; 
(2) the citizenship or nationality of the seaman; 
(3) the number of the seaman's merchant mariner's 
document; 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 565 
Restricted 
record 
inspection. 
(4) the name and official number of the vessel; 
(5) the nature of the voyage (foreign, intercoastal, or 
coastwise); 
(6) the propulsion class of the vessel; 
(7) the date and place of engagement; 
(8) the date and place of discharge; and 
(9) the seaman's capacity on the voyage. 
03) The certificate of discharge may not contain a reference about 
the character or ability of the seaman. The certificate shall be 
signed by the master, the seaman, and the shipping commissioner as 
witness. 
(c) A certificate of discharge may not be issued if the seaman holds 
a continuous discharge book. The entries shall be made in the 
discharge book in the same manner as the entries required by 
subsection (a) of this section. 
(d)(1) A record of each discharge shall be maintained by the 
Secretary in the manner and location prescribed by regulation. The 
records may not be open for general or public use or inspection. 
(2) A duplicate of a record of discharge shall be issued to a seaman 
at a cost prescribed by regulation. 
(e) This section does not apply to a fishing or whaling vessel or a 
yacht. 
§ 10312. Settlements on discharge 
(a) When discharge and settlement are completed, the master or 
owner and each seaman shall sign the agreement required by 
section 10302 of this title in the presence of a shipping commis-
sioner. The commissioner shall sign the agreement and retain a 
copy. When signed, it shall serve as a mutual release of £ill claims 
for wages for the voyage. 
(b) In a dispute about wages or deductions, if the parties agree in 
writing to submit the dispute to a shipping commissioner, the award 
made by the commissioner is conclusive in any subsequent legal 
proceeding. A document signed and sealed by a shipping commis-
sioner purporting to be the award is prima facie evidence of the 
award. 
(c) In a proceeding before a shipping commissioner related to the 
wages, claims, or discharge of a seaman, the shipping commissioner 
may call on the owner, charterer, managing operator, agent, master, 
or a seaman to produce logbooks or other documents about a matter 
in question, and may summon before the commissioner and examine 
any person on the matter. An owner, charterer, managing operator. Civil penalty 
agent, master, or seaman failing on summons to produce a docu-
ment in the possession or control of the owner, charterer, managing 
operator, agent, master, or seaman, or to give evidence, without 
reasonable cause, is liable to the United States Government for a 
civil penalty of $100. On application of the shipping commissioner, 
the owner, charterer, mane^ng operator, agent, master, or seaman 
may be punished by a district court of the United States as in other 
cases of contempt of court. 
(d) On request, a certified copy of an agreement may be provided 
to a party to the agreement and is admissible in evidence with the 
effect of the originsd in any subsequent proceeding. 
(e) When a seaman has been discharged before a shipping commis-
sioner, only the agreement is evidence of the release or satisfaction 
of any claim. 
Disputed wages 
or deductions. 
97 STAT. 566 
PUBLIC LAW 98-89—AUG. 26, 1983 
Improper 
discharge, 
compensation. 
Delayed 
payment. 
(f) If a discharge is made under this section, the shipping commis-
sioner, at the request of the master, shall provide the master with a 
signed statement of the total amount of wages paid. Between the 
master and the employer, the statement shall be received as evi-
dence that the master has made the payments as stated. 
§ 10313. Wages 
(a) A seaman's entitlement to wages and provisions begins when 
the seaman begins work or when specified in the agreement re-
quired by section 10302 of this title for the seaman to begin work or 
be present on board, whichever is earlier. 
(b) Wages are not dependent on the earning of freight by the 
vessel. When the loss or wreck of the vessel ends the service of a 
seaman before the end of the period contemplated in the agreement, 
the seaman is entitled to wages for the period of time actually 
served. The seaman shall be deemed a destitute seaman under 
section 11104 of this title. This subsection applies to a fishing or 
whaling vessel but not a yacht. 
(c) When a seaman who has signed an eigreement is discharged 
improperly before the beginning of the voyage or before one month's 
wages are earned, without the seaman's consent and without the 
seaman's fault justif3dng discharge, the seaman is entitled to receive 
from the master or owner, in addition to wages earned, one month's 
wages £is compensation. 
(d) A seaman is not entitled to wages for a period during which the 
seaman— 
(1) unlawfully failed to work when required, after the time 
fixed by the agreement for the seaman to begin work; or 
(2) lawfully was imprisoned for an offense, unless a court 
hearing the case otherwise directs. 
(e) After the beginning of the voyage, a seaman is entitled to 
receive from the master, on demand, one-half of the balance of 
wages earned and unpaid at each port at which the vessel loads or 
delivers cargo during the voyage. A demand may not be made before 
the expiration of 5 days from the beginning of the voyage, not more 
than once in 5 days, and not more than once in the same port on the 
same entry. If a master does not comply with this subsection, the 
seaman is released from the agreement and is entitled to payment of 
all wages earned. Notwithstanding a release signed by a seaman 
under section 10312 of this title, a court having jurisdiction may set 
aside, for good cause shown, the release and take action that justice 
requires. This subsection does not apply to a fishing or whaling 
vessel or a yacht. However, this subsection applies to a vessel taking 
oysters. 
(f) At the end of a voyage, the master shall pay each seaman the 
balance of wages due the seaman within 24 hours after the cargo has 
been discharged or within 4 days after the seaman is discharged, 
whichever is earlier. When a seaman is discharged and final pay-
ment of wages is delayed for the period permitted by this subsection, 
the seaman is entitled at the time of discharge to one-third of the 
wages due the seaman. 
(g) When payment is not made as provided under subsection (f) of 
this section without sufficient cause, the master or owner shall pay 
to the seaman 2 days' wages for each day payment is delayed. 
(h) Subsections (f) and (g) of this section do not apply to a fishing 
or whaling vessel or a yacht. However, subsections (f) and (g) apply 
to a vessel taking oysters. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 567 
(i) This section applies to a seaman on a foreign vessel when in a 
harbor of the United States. The courts are available to the seaman 
for the enforcement of this section. 
§ 10314. Advances 
(aXD A person may not— 
(A) pay a seaman wages in advance of the time when the 
seaman has earned the wages; 
(B) pay advance wages of the seaman to another person; or 
(C) make to another person an order, note, or other evidence 
of indebtedness of the wages, or pay another person, for the 
engagement of seamen when payment is deducted or to be 
deducted from the seaman's wage. 
(2) A person violating this subsection is liable to the United States Civil penalty. 
Government for a civil penalty of not more than $500. A payment 
made in violation of this subsection does not relieve the vessel or the 
master from the duty to pay all wages after they have been earned. 
(b) A person demanding or receiving from a seaman or an Individ- Civil penalty. 
ual seeking emplo)mient as a seaman, remuneration for providing 
the seaman or individual with employment, is liable to the Govern-
ment for a civil penalty of not more than $500. 
(c) This section applies to a foreign vessel when in waters of the 
United States. An owner, charterer, managing operator, agent, or 
master of a foreign vessel violating this section is liable to the 
Government for the same penalty as an owner, charterer, managing 
operator, agent, or master of a vessel of the United States for the 
same violation. 
(d) The owner, charterer, managing operator, agent, or master of a 
vessel seeking clearance from a port of the United States shall 
present the agreement required by section 10302 of this title at the 
office of clearance. Clearance may be granted to a vessel only if this 
section has been complied with. 
(e) This section does not apply to a fishing or whaling vessel or a 
yacht. However, this section applies to a vessel taking oysters. 
§ 10315. Allotments 
(a) Under prescribed regulations, a seaman may stipulate as 
follows in the agreement required by section 10302 of this title for 
an allotment of any part of the wages the seaman may earn: 
(1) to the seaman's grandparents, parents, spouse, sister, 
brother, or children; 
(2) to an agency designated by the Secretary of the Treasury 
to handle applications for United States savings bonds, to pur-
chase bonds for the seaman; and 
(3) for deposits to be made in an account for savings or 
investment opened by the seaman and maintained in the sea-
man's name at a savings bank or a savings institution in which 
the accounts are insured by the Federal Deposit Insurance 
Corporation or the Federal Savings and Loan Insurance Corpo-
ration. 
(b) An allotment is valid only if made in writing and signed by and 
approved by a shipping commissioner. The shipping commissioner 
shall examine allotments and the parties to them to enforce compli-
ance with the law. Stipulations for allotments made at the begin-
ning of a voyage shall be included in the agreement and shall state 
the amounts and times of payment and the person to whom pay-
ments are to be made. 
97 STAT. 568 
PUBLIC LAW 98-89—AUG. 26, 1983 
Civil penalty. 
(c) Only an allotment compl3dng with this section is lawful. A 
person fedsely claiming qualification as an allottee under this sec-
tion is liable to the United States Government for a civil penalty of 
not more than $500. 
(d) The owner, charterer, managing operator, agent, or master of a 
vessel seeking clearance from a port of the United States shall 
present the agreement at the office of clearance. Clearance may be 
granted to a vessel only if this section has been complied with. 
(e) This section applies to a foreign vessel when in waters of the 
United States. An owner, charterer, managing operator, agent, or 
master of a foreign vessel violating this section is liable to the 
Government for the same penalty as an owner, charterer, managing 
operator, agent, or master of a vessel of the United States for the 
same violation. 
§ 10316. Trusts 
Sections 10314 and 10315 of this title do not prevent an employer 
from making deductions from the wages of a seaman, with the 
written consent of the seaman, i
f
— 
(1) the deductions are paid into a trust fund established only 
for the benefit of seamen employed by that employer, and the 
families and dependents of those seamen (or of those seamen, 
families, and dependents jointly with other seamen employed by 
other employers, and the families and dependents of the other 
seamen); and 
(2) the pa3mients are held in trust to provide, from principal 
or interest, or both, any of the following benefits for those 
seamen and their families and dependents: 
(A) medical or hospital care, or both. 
(B) pensions on retirement or death of the seaman. 
(C) life insurance. 
(D) unemplojonent benefits. 
(E) compensation for illness or injuries resulting from 
occupational activity. 
(F) sickness, accident, and disability compensation. 
(G) purchasing insurance to provide any of the benefits 
specified in this section. 
§ 10317. Loss of lien and right to wages 
A master or seaman by any agreement other than one provided 
for in this chapter may not forfeit the master's or seaman's lien on 
the vessel or be deprived of a remedy to which the master or seaman 
otherwise would be entitled for the recovery of wages. A stipulation 
in an agreement inconsistent with this chapter, or a stipulation by 
which a seaman consents to abandon a right to wages if the vessel is 
lost, or to abandon a right the seaman may have or obtain in the 
nature of salvage, is void. 
§ 10318. Wages on discharge in foreign ports 
(a) When a master or seaman applies to a consular officer for the 
discharge of the seaman, the consular officer shall require the 
master to pay the seaman's wages if it appears that the seaman has 
carried out the ajgreement required by section 10302 of this title or 
otherwise is entitled to be discharged. Then the consular officer 
shall discharge the seaman. A consular officer shall require the 
payment of extra wages only as provided in this section or in 
Post, p. 574. 
chapter 109 of this title. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 569 
db) When discharging a seaman, a consular officer who fails to 
require the payment of the wages due a seaman at the time, and of 
the extra wages due under sul^ection (a) of this section, is account-
able to the United States Grovernment for the total amount. 
(c) A seaman discharged under this section with the consent of the 
seaman is entitled to wages up to the time of discharge, but not for 
any additional period. 
(d) If the seaman is discharged involuntarily, and it appears that 
the discharge was not because of neglect of duty, incompetency, or 
injury incurred on the vessel, the master shall provide the seaman 
with employment on a vessel agreed to by the seaman or shall 
provide the seaman with one month's extra wages. 
(e) Expenses for the maintenance and return of an ill or injured 
seaman to the United States shall be paid by the Secretary of State. 
If a seaman is incapacitated by illness or injury and prompt dis-
charge is necessary, but a personal appearance of the master before 
a consular officer is impracticable, the master may provide transpor-
tation to the seaman to the nearest consular officer for discharge. 
(f) A deduction from wages of the sesmian is permitted only if the 
deduction appears in the account of the seaman required to be 
delivered under section 10310 of this title, except for matters arising 
after delivery of the account, in which case a supplementary account 
is required. During a voyage, the master shall record in the official 
logbook the matters about which deductions are to be made with the 
amounts of the deductions. The entries shall be made as the matters 
occur. The master shall produce the official logbook at the time of 
pa3nnent of wages, and also before a competent authority on the 
hearing of any complaint or question about the payment of wages. 
§ 10319. Costs of a criminal conviction 
In a proceeding about a seaman's wages, if it is shown that the 
seaman was convicted during the voyage of an offense by a compe-
tent tribunal and sentenced by the tribunal, the court hearing the 
case may direct that a part of the wages due the seaman, but not 
more than $15, be applied to reimburse the master for costs properly 
incurred in procuring the conviction and sentence. 
§ 10320. Records of seamen 
The Secretary may prescribe regulations for reporting by a master 
of matters about the engagement, discharge, or service of seamen 
that may be needed in keeping central records of seamen. 
§ 10321. General penalty 
The owner, charterer, managing operator, agent, or master of a 
vessel on which a seaman is carried in violation of this chapter or a 
regulation prescribed under this chapter is liable to the United 
States Government for a civil penalty of $200 for each seaman 
carried in violation. The vessel also is liable in rem for the penalty. 
CHAPTER 105—COASTWISE VOYAGES 
Sec. 
10501. Application. 
10502. Shipping articles agreements. 
10503. Exhibiting merchant mariners' documents. 
10504. Wages. 
10505. Advances. 
10506. 
Trusts. 
97 STAT. 570 
PUBLIC LAW 98-89—AUG. 26, 1983 
10507. Duties of shipping commissioners. 
10508. General penalties. 
10509. Penalty for failing to begin voyage. 
§ 10501. Application 
Ante, p. 561. 
(a) Except for a vessel to which chapter 103 of this title applies, 
this chapter appUes to a vessel of at least 50 gross tons on a voyage 
between a port in one State and a port in another State (except an 
adjoining State). 
(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. 
(c) Unless otherwise provided, this chapter does not apply to a 
foreign vessel. 
§ 10502. Shipping articles agreements 
(a) Before proceeding on a voyage, the master of a vessel to which 
this chapter applies shall make a shipping articles agreement in 
writing with each seaman on board, declaring the nature of the 
voyage or the period of time for which the seaman is engaged. 
(b) The agreement shall include the date and hour on which the 
seaman must be on board to begin the voyage. 
(c) The agreement may not contain a provision on the allotment of 
wages or a scale of provisions. 
§ 10503. Exhibiting merchant mariners' documents 
Before signing the agreement required by section 10502 of this 
title, a seaman required by section 8701 of this title to have a 
merchant mariner's document shall exhibit to the master a docu-
ment issued to the seaman and appropriately endorsed for the 
capacity in which the seaman is to serve. 
§ 10504. Wages 
(a) After the b^inning of a voyage, a seaman is entitled to receive 
from the master, on demand, one-half of the balance of wages 
earned and unpaid at each port at which the vessel loads or delivers 
cargo during the voyage. A demand may not be made before the 
expiration of 5 days from the beginning of the voyage, not more than 
once in 5 days, and not more than once in the same port on the same 
entry. If a master does not comply with this subsection, the seaman 
is released from the agreement required by section 10502 of this title 
and is entitled to pajnnent of all wages earned. Notwithstanding a 
release signed by a seaman under section 10312 of this title, a court 
having jurisdiction may set aside, for good cause shown, the release 
and take action that justice requires. This subsection does not apply 
to a fishing or whaling vessel or a yacht. However, this subsection 
applies to a vessel taking oysters. 
(b) The master shall pay a seaman the balance of wages due the 
seaman within 2 days after the termination of the agreement re-
quired by section 10502 of this title or when the seaman is dis-
charged, whichever is earlier. 
Delayed 
(c) When payment is not made as provided under subsection (b) of 
payment. 
^jjjg ggction without Sufficient cause, the master or owner shall pay 
to the seaman 2 days' wages for each day payment is delayed. 
(d) Subsections (b) and (c) of this section do not apply to a fishing 
or whaling vessel or a yacht. However, subsections (b) and (c) apply 
to a vessel taking oysters. 
PUBLIC LAW 98-89—AUG. 26, 1983 
(e) This section applies to a seaman on a foreign vessel when in 
harbor of the United States. The courts are available to the seaman 
for the enforcement of this section. 
97 STAT. 571 
advance of the time when the 
§ 10505. Advances 
(aXD A person may not— 
(A) pay a seaman wages m 
seaman has earned the wages; 
(B) pay advance wages of the seaman to another person; or 
(C) make to another person an order, note, or other evidence 
of indebtedness of the wages, or pay another person, for the 
engagement of seamen when payment is deducted or to be 
deducted from the seaman's wage. 
(2) A person violating this subsection is liable to the United States Civil penalty. 
Government for a civil penalty of not more than $100. A payment 
made in violation of this subsection does not relieve the vessel or the 
master from the duty to pay all wages after they have been earned. 
O
b
) A person demanding or receiving from a seaman or an Individ- Civil penalty. 
ual seeking employment as a seaman, remuneration for providing 
the seaman or individual with emplo3anent, is liable to the Govern-
ment for a civil penalty of not more than $500. 
(c) The owner, charterer, managing operator, agent, or master of a 
vessel seeking clearance from a port of the United States shall 
present the agreement required by section 10502 of this title at the 
office of clearance. Clearance may be granted to a vessel only if this 
section has been complied with. 
(d) This section does not apply to a fishing or whaling vessel or a 
yacht. However, this section applies to a vessel taking oysters. 
§ 10506. Trusts 
Section 10505 of this title does not prevent an employer from 
making deductions from the wages of a seaman, with the written 
consent of the seaman, i
f
— 
(1) the deductions are paid into a trust fund established only 
for the benefit of seamen employed by that employer, and the 
families and dependents of those seamen (or of those seamen, 
families, and dependents jointly with other seamen employed by 
other employers, and the families and dependents of the other 
seamen); and 
(2) the payments are held in trust to provide, from principal 
or interest, or both, any of the following benefits for those 
seamen and their families and dependents: 
(A) medical or hospital care, or both. 
(B) pensions on retirement or death of the seaman. 
(C) life insurance. 
(D) unemployment benefits. 
(E) compensation for illness or injuries resulting from 
occupational activity. 
(F) sickness, accident, and disability compensation. 
(G) purchasing insurance to provide any of the benefits 
specified in this section. 
§ 10507. Duties of shipping commissioners 
(a) At the option of the owner or master of a vessel to which this 
chapter applies, a shipping commissioner may engage and discharge 
the crew. 
97 STAT. 572 
PUBLIC LAW 98-89—AUG. 26, 1983 
(b) When a crew is engaged under this section, sections 10302, 
10303, 10305,10307, 10311,10312,10313(bHf), and 10321, and chap-
infra. 
ter 107 of this title apply. 
§ 10508. General penalties 
(a) A master who carries a seaman on a voyage without first 
making the agreement required by section 1050^ of this title shall 
pay to the seaman the highest wage that was paid for a similar 
voyage within the 3 months before the time of engagement at the 
port or place at which the seaman was engaged. A seaman who has 
not signed an agreement is not bound by the applicable r^ulations, 
penalties, or forfeitures. 
(b) A master engaging a seaman in violation of this chapter or a 
regulation prescribed under this chapter is liable to the United 
States Government for a civil penalty of $20. The vessel also is liable 
in rem for the penalty. 
§ 10509. Penalty for failing to begin voyage 
(a) A seaman who fails to be on board at the time contained in the 
agreement required by section 10502 of this title, without having 
given 24 hours' notice of inability to do so, shall forfeit, for each 
hour's lateness, one-half of one day's pay to be deducted from the 
seaman's wages if the lateness is recorded in the official logbook on 
the date of the violation. 
(b) A seaman who does not report at all or subsequently deserts 
forfeits all wages. 
(c) This section does not apply to a fishing or whaling vessel or a 
yacht. 
CHAPTER 107—EFFECTS OF DECEASED SEAMEN 
Sec. 
10701. Application. 
10702. Duties of masters. 
10703. Procedures of mtisters. 
10704. Duties of consular officers. 
10705. Disposition of money, proper^, and wages by consular officers. 
10706. Seamen dying in the United States. 
10707. Delivery to district court. 
10708. Sale of property. 
10709. Distribution. 
10710. Uncl£dmed money, property, and wages. 
10711. Penalties. 
§ 10701. Application 
(a) Except as otherwise specifically provided, this chapter applies 
to a vessel on a voyage between— 
(1) a port of the United States and a port in a foreign country 
(except a port in Canada, Mexico, and the West Indies); and 
(2) 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 a seaman by 
custom or agreement is entitled to share in the profit or result of a 
voyage. 
(c) This chapter does not apply to a foreign vessel. 
§ 10702. Duties of masters 
(a) When a seaman dies during a voyage, the master shall take 
charge of the seaman's money and property. An entry shall be made 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 573 
in the official logbook, signed by the master, the chief mate, and an 
unlicensed crewmember containing an inventory of the money and 
property and a statement of the wages due the seaman, with the 
total of the deductions to be made. 
(b) On compliance with this chapter, the master shall obtain a ciompliance 
written certificate of compliance from a shipping commissioner, certificate. 
Clearance may be granted to a foreign-bound vessel only when the 
certificate is received at the office of customs. 
§ 10703. Procedures of masters 
(a) If the vessel is proceeding to the United States when a seaman 
dies, the master shall deliver the seaman's money, property, and 
wages when the ^reement required by this part is ended, as 
provided by regulations prescribed by the Secretary. 
(b) If the vessel touches at a foreign port after the death of the 
seaman, the master shall report to the first available consular 
officer. The consular officer may require the master to deliver to 
the officer the money, property, and wages of the seaman. The 
consular officer shall give the master a receipt for the matters 
delivered and certify on the agreement the particulars of the deliv-
ery. When the agreement ends, the master shall deliver the receipt 
as prescribed by regulations. 
(c) If the consular officer does not require the master to deliver the 
seaman's money, property, and wages, the officer shall so certify on 
the agreement, and the master shall dispose of the money, property, 
and wages as provided under subsection (a) of this section. 
(d) A deduction from the account of a deceased seaman is valid 
only if certified by a proper entry in the officisd logbook. 
§ 10704. Duties of consular officers 
When a seaman dies outside the United States leaving money or 
property not on board a vessel, the consular officer nearest the place 
at which the money and property is located shall claim and take 
charge of it. 
§ 10705. Disposition of money, property, and wages by consular 
officers 
When money, property, or wages of a deceased seaman comes into 
possession of a consular officer, the officer may— 
(1) sell the property and remit the proceeds and other money 
or wages of the seaman the officer has received, to the district 
court of the United States for the district in which the voyage 
begins or ends; or 
(2) deliver the money, property, and wages to the district 
court. 
§ 10706. Seamen dying in the United States 
When a seaman dies in the United States and is entitled at death 
to claim money, property, or wages from the master or owner of a 
vessel on which the seaman served, the master or owner shall 
deliver the money, property, and wages as provided by regulations 
prescribed by the Secretary. 
§ 10707. Delivery to district court 
The Secretary shall provide for the delivery to a district court of 
the United States of the money, property, and wages of a deceased 
seaman within one week from the date of receipt. 
97 STAT. 574 
PUBLIC LAW 98-89—AUG. 26, 1983 
§ 10708. Sale of property 
A district court of the United States may direct the sale of any 
part of the property of a deceased seaman. Proceeds of the sale shall 
be held as wages of the seaman are held. 
§ 10709. Distribution 
(aXD If the money, property, and wages of a seaman, including 
proceeds from the sale of property, are not more then $1,500 in 
value, and subject to deductions it allows for expenses and at least 
60 dajrs after receiving the money, property, and wages, the court 
may deliver the money, property, and wages to a claimemt proving 
tobe— 
(A) the seaman's surviving spouse or child; 
(B) entitled to the money, property, and wages under the 
seaman's wUl or under a law or at common law; or 
(C) entitled to secure probate, or take out letters of adminis-
tration, although no probate or letters of administration have 
been issued. 
(2) The court is released from further liability for the money, 
property, and wages distributed under paragraph (1) of this 
subsection. 
(3) Instead of acting under paragraphs (1) and (2) of this subsec-
tion, the court may require probate or letters of administration to be 
taken out, and then deliver the money, property, and wages to the 
legal representative of the seaman. 
(b) If the money, property, and wages are more than $1,500 in 
value, the court, subject to deductions for expenses, shall deliver the 
money, property, and wages to the legal representative of the 
seaman. 
§ 10710. Unclaimed money, property, and wages 
(a) When a claim for the money, property, or wages of a deceased 
seaman held by a district court of the United States has not been 
substantiated within 6 years after their receipt by the court, the 
court, if a subsequent claim is made, may allow or refuse the claim. 
O
t
)
) If, after money, property, and wages have been held by the 
court for 6 years, it appears to the court that no claim will have to 
be satisfied, the property shall be sold. The money and wages and 
the proceeds from the sale shall be deposited in the Treasury trust 
fund receipt account "Unclaimed Moneys of Individuals Whose 
Whereabouts are Unknown". 
§ 10711. Penalties 
An owner or master violating this chapter are each liable to the 
United States Government for a civil penalty of 3 times the value of 
the seaman's money, property, and wages involved or, if the value is 
not determined, of $200. 
CHAPTER 
109—PROCEEDINGS 
ON 
UNSEAWORTHINESS 
Sec 
10901. Application. 
10902. Clomplaints of unfitness. 
10903. Proceedings on examination of vessel. 
10904. Refusal to proceed. 
10905. Complaints in foreign ports. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 575 
10906. Discharge of crew for unsuitability. 
10907. Permission to make complaint. 
10908. Penalty for sending unseaworthy vessel to sea. 
§ 10901. Application 
This chapter applies to a vessel of the United States except a 
fishing or whaling vessel or a yacht. 
§ 10902. Complaints of unfitness 
(aXl) If the chief and second mates or a majority of the crew of a 
vessel ready to begin a voyage discover, before the vessel leaves 
harbor, that the vessel is unfit as to crew, hull, equipment, tackle, 
machinery, apparel, furniture, provisions of food or water, or stores 
to proceed on the intended voyage and require the unfitness to be 
inquired into, the master immediately shall apply to the district 
court of the United States at the place at which the vessel is located, 
or, if no court is being held at the place at which the vessel is 
located, to a judge or justice of the peace, for the appointment of 
surveyors. At least 2 complaining seamen shall accompany the 
master to the judge or justice of the peace. 
(2) A master failing to comply with this subsection is liable to the Civil penalty. 
United States Government for a civil penalty of $500. 
(bXD Any 3 seamen of a vessel may complain that the provisions 
of food or water for the crew are, at any time, of bad qujdity, unfit 
for use, or deficient in quantity. The complaint may be made to the 
commanding officer of a United States naval vessel, consular officer. 
Coast Guard shipping commissioner, or chief official of the Customs 
Service. 
(2) The officer, commissioner, or official shall examine, or have 
examined, the provisions of food or water. If the provisions are 
found to be of bad quality, unfit for use, or deficient in quantity, the 
person making the findings shall certify to the master of the vessel 
which provisions are of bad quality, unfit for use, or deficient. 
(3) The officer, commissioner, or official to whom the complaint 
was made shall— 
(A) make an entry in the official logbook of the vessel on the 
results of the examination; and 
(B) submit a report on the examination to the district court of Report, 
the United States at which the vessel is to arrive, with the 
report being admissible into evidence in any legal proceeding. 
(4) TTie master is liable to the (Government for a civil penalty of Civil penalty. 
not more than $100 each time the master, on receiving the certifica-
tion referred to in paragraph (2) of this subsection— 
(A) does not provide other proper provisions of food or water, 
when available, in place of the provisions certified as of bad 
quality or unfit for use; 
(B) does not obtain sufficient provisions when the certification 
includes a finding of a deficiency in quantity; or 
(C) uses provisions certified to be of bad quality or unfit for 
use. 
§ 10903. Proceedings on examination of vessel 
(a) On application made under section 10902(a) of this title, the 
judge or justice of the peace shall appoint 3 experienced and skilled 
marine surveyors to examine the vessel for the defects or insuffi-
ciencies complained of. The surveyors have the authority to receive 
and consider evidence necessary to evaluate the complaint. When 
Appointment of 
surveyors. 
97 STAT. 576 
PUBLIC LAW 98-89—AUG. 26, 1983 
the complaint involves provisions of food or water, one of the 
surveyors shall be a medical officer of the Public Health Service, if 
Written report, 
available. The surveyors shall make a report in writing, signed by at 
least 2 of them, stating whether the vessel is fit to proceed to sea or, 
if not, in what respect it is unfit, making appropriate recommenda-
tions about additional seemien, provisions, or stores, or about 
physical repairs, alterations, or additions necessary to make the 
vessel fit. 
(b) On receiving the report, the judge or justice of the peace shall 
endorse on the report the judgment of the judge or justice on 
whether the vessel is fit to proceed on the voyage, and, if not, 
whether the vessel may proceed to smother port at which the 
deficiencies can be corrected. The master and the crew shall comply 
with the judgment. 
(c) The master shall pay all costs of the survey, report, and 
judgment. However, if the complaint of the crew appears in the 
report and judgment to have been without foundation, or if the 
complaint involved provisions of food or water, without reasonable 
grounds, the master or owner may deduct the amount of the costs 
and reasonable damages for the detention of the vessel, as deter-
mined by the judge or justice of the peace, from the wages of the 
complaining seamen. 
Civil penalty. 
(d) A master of a vessel violating this section who refuses to pay 
the costs and wages is liable to the United States Government for a 
civil penalty of $100 and is liable in damages to each person injured 
by the refusal. 
§ 10904. Refusal to proceed 
After a judgment under section 10903 of this title that a vessel is 
fit to proceed on the intended voyage, or after the order of a 
judgment to make up deficiencies is complied with, if a seaman does 
not proceed on the voyage, the unpaid wages of the seaman are 
forfeited. 
§ 10905. Complaints in foreign ports 
(a) When a complaint under section 10902(a) of this title is made 
in a foreign port, the procedures of this chapter shall be followed, 
with a consular officer performing the duties of the judge or justice 
of the peace. 
O
b
) On review of the marine surveyors' report, the consular officer 
may approve and must certify any part of the report with which the 
officer agrees. If the consular officer dissents from any part of the 
report, the officer shall certify reasons for dissenting from that part. 
§ 10906. Discharge of crew for unsuitability 
When a survey is made at a foreign port, the surveyors shall state 
in the report whether, in their opinion, the vessel had been sent to 
sea unsuitably provided in any important particular, by neglect or 
design or through mistake or accident. If by neglect or design, and 
the consular officer approves the finding, the officer shall discharge 
a seaman requesting discharge and shall require the master to pay 
one month's wages to that seaman in addition to wages then due, or 
sufficient money for the return of the seaman to the nearest and 
most convenient port of the United States, whichever is the greater 
amount. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 577 
§ 10907. Permission to make complaint 
(a) A master may not refuse to permit, deny the opportunity to, or 
hinder a seaman who wishes to make a complaint authorized by this 
chapter. 
(b) A master violating this section is liable to the United States Civil penalty. 
Grovernment for civil penalty of $500. 
§ 10908. Penalty for sending unseaworthy vessel to sea 
A person that knowingly sends or attempts to send, or that is a 
party to sending or attempting to send, a vessel of the United States 
to sea, in an unseaworthy state that is likely to endanger the life of 
an individual, shall be fined not more than $1,000, imprisoned for 
not more than 5 years, or both. 
CHAPTER 
111—PROTECTION 
AND 
RELIEF 
Sec. 
11101. Accommodations for seamen. 
11102. Medicine chests. 
11103. Slop chests. 
11104. Destitute seamen. 
11105. Wages on discharge when vessel sold. 
11106. Wages on justifiable complaint of seamen. 
11107. Unlawful engagements void. 
11108. Taxes. 
11109. Attachment of wages. 
11110. Seamen's clothing. 
m i l . Limit on amount recoverable on voyage. 
§ 11101. Accommodations for seamen 
(a) On a merchant vessel of the United States the construction of 
which began after March 4, 1915 (except a yacht, pilot vessel, or 
vessel of less than 100 gross tons)^ 
(1) each place appropriated to the crew of the vessel shall 
have a space of at least 120 cubic feet and at least 16 square 
feet, measured on the floor or deck of that place, for each 
seaman or apprentice lodged in the vessel; 
(2) each seaman shall have a separate berth and not more 
than one berth shall be placed one above another; 
(3) the place or berth shedl be securely constructed, properly 
lighted, drained, heated, and ventilated, properly protected 
from weather and sea, and, as far as practicable, properly shut 
off and protected from the effluvium of cargo or bilge water; and 
(4) crew space shall be kept free from goods or stores that are 
not the personsd property of the crew occupying the place in use 
during the voyage. 
(b) In addition to the requirements of subsection (a) of this section, 
a merchant vessel of the United States that in the ordinary course of 
trade makes a voyage of more than 3 days' duration between ports 
and carries a crew of at least 12 seamen shall have a hospital 
compartment, suitably separated from other spaces. The compart-
ment shall have at least one bunk for each 12 seamen constituting 
the crew (but not more than 6 bunks may be required). 
(c) A steam vessel of the United States operating on the Missis-
sippi River or its tributaries shall provide, under the direction and 
approval of the Secretary, an appropriate place for the crew that 
shall conform to the requirements of this section, as far as they 
apply to the steam vessel, by providing a properly heated sleeping 
room in the engineroom of the steam vessel properly protected from 
1 1 - 1 9 4 0 - 8 5 
— 20 : QL 3 
97 STAT. 578 
PUBLIC LAW 98-89—AUG. 26, 1983 
the cold, wind, and rain by means of suitable awnings or screens on 
either side of the guards or sides and forward, reaching from the 
boiler deck to the lower or main deck. 
(d) A merchant vessel of the United States, the construction of 
which began after March 4, 1915, having more than 10 seamen on 
deck, shall have at least one light, clean, and properly heated and 
ventilated washing place. There shall be provided at least one 
washing outfit for each 2 seamen of the watch. A separate washing 
place shall be provided for the fireroom and engineroom seamen, if 
their number is more than 10, that shall be large enough to accom-
modate at least one-sixth of them at the same time, and have a hot 
and cold water supply and a sufficient number of washbasins, sinks, 
and shower baths. 
(e) Forecastles shall be fumigated at intervals provided by regula-
tions prescribed by the Secretary of Health and Human Services, 
with the approval of the Secretary, and shall have at least 2 exits, 
one of which may be used in emergencies. 
Civil penalty. 
(f) The owner, charterer, managing operator, agent, master, or 
licensed individual of a vessel not compl5dng with this section is 
liable to the United States Government for a civil penalty of at least 
$50 but not more than $500. 
§ 11102. Medicine chests 
(a) A vessel of the United States on a voyage from a port in the 
United States to a foreign port (except to a Canadian port), and a 
vessel of the United States of at least 75 gross tons on a voyage 
between a port of the United States on the Atlantic Ocean and 
Pacific Ocean, shall be provided with a medicine chest. 
Civil penalty. 
(b) The owner and master of a vessel not equipped as required by 
subsection (a) of this section or a regulation prescribed under subsec-
tion (a) are liable to the United States Grovemment for a civil 
penalty of $500. If the offense was due to the fault of the owner, a 
master penalized under this section has the right to recover the 
penalty and costs from the owner. 
§ 11103. Slop chests 
(a) A vessel to which section 11102 of this title applies shall be 
provided with a slop chest containing sufficient clothing for the 
intended voyage for each seaman, including— 
(1) boots or shoes; 
(2) hats or caps; 
(3) underclothing; 
(4) outer clothing; 
(5) foul weather clothing; 
(6) ever3rthing necessary for the wear of a seaman; and 
(7) a complete supply of tobacco and blankets. 
(b) Merchandise in the slop chest shall be sold to a seaman 
desiring it, for the use of the seaman, at a profit of not more than 10 
percent of the reasonable wholesale value of the merchandise at the 
port at which the voyage began. 
(c) This section does not apply to a vessel on a voyage to Canada, 
Bermuda, the West Indies, Mexico, or Central America, or a fishing 
or whsding vessel. 
§ 11104. Destitute seamen 
(a) A consular officer shall provide, for a destitute seeiman of the 
United States, subsistence and passage to a port of the United States 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 579 
in the most reasonable manner, at the expense of the United States 
Government and subject to regulations prescribed by the Secretary 
of State. A seaman, if able, shall be required to perform duties on 
the vessel giving the seaman passage, in accordance with the sea-
man's rating. 
(b) A master of a vessel of the United States bound to a port of the 
United States shall take a destitute seaman on board at the request 
of a consular officer and transport the seaman to the United States. 
A master refusing to transport a destitute seaman when requested is Civil penalty. 
liable to the United States Government for a civil penalty of $100. 
The certificate signed and sealed by a consular officer is prima facie 
evidence of refusal. A msister is not required to carry a destitute 
seaman if the seaman's presence would cause the number of individ-
uals on board to exceed the number permitted in the certificate of 
inspection or if the seaman has a contagious disease. 
(c) C!ompensation for the transportation of destitute seamen to the 
Transportation 
United States who are unable to work shall be agreed on by the compensation. 
master and the consular officer, under regulations prescribed by the 
Secretary of State. However, the compensation may be not more 
than the lowest passenger rate of the vessel, or 2 cents a mile, 
whichever is less. 
(d) When a master of a vessel of the United States takes on board 
a destitute seaman unable to work, from a port or place not having a 
consular officer, for transportation to the United States or to a port 
at which there is a consular officer, the master or owner of the 
vessel sheill be compensated reasonably under regulations pre-
scribed by the Secretary of State. 
§ 11105. Wages on discharge when vessel sold 
(a) When a vessel of the United States is sold in a foreign country, 
the master shall deliver to the consular officer a certified crew list 
and the agreement required by this part. The master shall pay each 
seaman the wages due the seaman and provide the seaman with 
emplojnment on board another vessel of the United States bound for 
the port of original engagement of the sesunan or to another port 
agreed on. If emplojrment cannot be provided, the master shall— 
(1) provide the seaman with the means to return to the port of 
original engEigement; 
(2) provide the seaman passage to the port of original engage-
ment; or 
(3) deposit with the consular officer an amount of money 
considered sufficient by the officer to provide the seaman with 
maintenance and passage home. 
(b) The consular officer shall endorse on the agreement the par-
ticulars of the pajnnent, provision, or deposit made under this 
section. 
(c) An owner of a vessel is liable to the United States Government Civil penalty. 
for a civil penalty of $500 if the master does not comply with this 
section. 
§ 11106. Wages on justifiable complaint of seamen 
(a) Before a seaman on a vessel of the United States is discharged 
in a foreign country by a consular officer on the seaman's complaint 
that the agreement required by this part has been breached because 
the vessel is badly provisioned or unseaworthy, or against the 
officers for cruel treatment, the officer shall inquire about the 
complaint. If satisfied of the justice of the complaint, the consular 
97 STAT. 580 
PUBLIC LAW 98-89—AUG. 26, 1983 
officer shall require the master to pay the wages due the seaman 
plus one month s additional wages and shall discharge the seaman. 
The master shall provide the seaman with emplojntnent on another 
vessel or provide the seaman with passage on another vessel to the 
port of original engagement, to the most convenient port of the 
United States, or to some port agreeable to the seaman. 
(b) When a vessel does not have sufficient provisions for the 
intended voyage, and the seaman has been forced to accept a 
reduced ration or provisions that are bad in quality or unfit for use, 
the seaman is entitled to recover from the master or owner an 
allowance, as additional wages, that the court hearing the case 
considers reasonable. 
(c) Subsection (b) of this section does not apply when the reduction 
in rations was for a period during which the seaman willfully and 
without sufficient cause failed to perform duties or was lawfully 
under confinement on board or on shore for misconduct, unless that 
reduction can be shown to have been unreasonable. 
(d) Subsection (b) of this section does not apply to a fishing or 
whaling vessel or a yacht. 
§ 11107. Unlawful engagements void 
An engagement of a seaman contrary to a law of the United 
States is void. A seaman so engaged may leave the service of the 
vessel at any time and is entitled to recover the highest rate of 
wages at the port from which the seaman was engaged or the 
amount agreed to be given the seaman at the time of engagement, 
whichever is higher. 
§ 11108. Taxes 
Wages due or accruing to a master or seaman on a vessel in the 
foreign, coastwise, intercoastal, interstate, or noncontiguous trade 
or a fisherman employed on a fishing vessel may not be withheld 
under the tax laws of a State or a political subdivision of a State. 
However, this section does not prohibit withholding wages of a 
seaman on a vessel in the coastwise trade between ports in the same 
State if the withholding is under a voluntary agreement between 
the seaman and the employer of the seaman. 
§11109. Attachment of wages 
(a) Wages due or accruing to a master or seaman are not subject to 
attachment or arrestment from any court, except for an order of a 
court about the pa5rment by a master or seaman of any part of the 
master's or seaman's wages for the support and maintenance of the 
spouse or minor children of the master or seaman, or both. A 
payment of wages to a master or seaman is valid, notwithstanding 
any prior sale or assignment of wages or any attachment, encum-
brance, or arrestment of the wages. 
Ot)) An assignment or sale of wages or salvage made before the 
payment of wages does not bind the party making it, except allot-
ments authorized by section 10315 of this title. 
(c) This section applies to a fisherman on a fishing vessel. 
§ 11110. Seamen's clothing 
The clothing of a seaman is exempt from attachments and liens. A 
person detaining a seaman's clothing shall be fined not more than 
$500, imprisoned for not more than 6 months, or both. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 581 
§11111. Limit on amount recoverable on voyage 
When a seaman is on a voyage on which a written agreement is 
required under this part, not more than $1 is recoverable from the 
seaman by a person for a debt incurred by the seaman during the 
voyage for which the seaman is signed on until the voyage is ended. 
CHAPTER 113—OFFICIAL LOGBOOKS 
Sec. 
11301. Logbook and entry requirements. 
11302. Manner of making entries. 
11303. Penalties. 
§ 11301. Logbook and entry requirements 
(a) A vessel of the United States on a voyage between a port in the 
United States and a port in a foreign country, and a vessel of the 
United States of at least 75 gross tons 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, shall have an official logbook. 
(b) The master of the vessel shall make or have made in the 
official logbook the following entries: 
(1) each legal conviction of a seaman of the vessel and the 
punishment inflicted. 
(2) each offense committed by a seaman of the vessel for 
which it is intended to prosecute or to enforce under a forfeit-
ure, together with statements about reading the entry and the 
reply made to the charge as required by section 11502 of this 
title. 
(3) each offense for which punishment is inflicted on board 
and the punishment inflicted. 
(4) a statement of the conduct, character, and qualifications of 
each seam£ui of the vessel or a statement that the master 
declines to give an opinion about that conduct, character, and 
qualifications. 
(5) each illness of or injury to a seaman of the vessel, the 
nature of the illness or injury, and the medical treatment. 
(6) each death on board, with the cause of death, and if a 
seaman, the information required by section 10702 of this title. 
(7) each birth on board, with the sex of the infant and name of 
the parents. 
(8) each marriage on board, with the names and ages of the 
parties. 
(9) the name of each seaman who ceases to be a crewmember 
(except by death), with the place, time, manner, and the cause 
why the seaman ceased to be a crewmember. 
(10) the wages due to a seaman who dies during the voyage 
and the gross amount of all deductions to be made from the 
wages. 
(11) the sale of the property of a seaman who dies during the 
voyage, including a statement of each article sold and the 
amount received for the property. 
(12) when a marine casualty occurs, a statement about the 
casualty and the circumstances under which it occurred, made 
immediately after the casualty when practicable to do so. 
§ 11302. Manner of making entries 
Each entry made in the official logbook— 
97 STAT. 582 
PUBLIC LAW 98-89—AUG. 26, 1983 
(1) shall be made as soon as possible after the occurrence; 
(2) if not made on the day of the occurrence, shall be dated 
and state the date of the occurrence; 
(3) if the entry is about an occurrence happening before the 
vessel's arrival at the final port of discharge, shall be made not 
later than 24 hours after the arrival; 
(4) shall be signed by the master; and 
(5) shall be signed by the chief mate or another seaman. 
§ 11303. Penalties 
(a) A master failing to maintain an official logbook as required by 
this part is liable to the United States Government for a civil 
penalty of $200. 
0)) A master failing to make an entry in the vessel's official 
logbook as required by this part is liable to the Government for a 
civil penalty of $200. 
(c) A person is liable to the Grovernment for a civil penalty of $150 
when the person makes, procures to be made, or assists in making, 
an entry in the vessel's official logbook— 
(1) later than 24 hours after the vessel's arrival at the final 
port of discharge; and 
(2) that is about an occurrence that happened before that 
arrival. 
CHAPTER 
115—OFFENSES 
AND 
PENALTIES 
Sec. 
11501. Penalties for specified offenses. 
11502. Entry of offenses in logbook. 
11503. Duties of consular officers related to insubordination. 
11504. Enforcement of forfeitures. 
11505. Disposal of forfeitures. 
11506. Canying sheath knives. 
11507. Surrender of offending officers. 
§ 11501. Penalties for specified offenses 
When a seamein lawfully engaged commits any of the following 
offenses, the seaman shall be punished as specified: 
(1) For desertion, the seaman forfeits any part of the money or 
property the seaman leaves on board and any part of earned 
wages. 
(2) For neglecting or refusing without reasonable cause to join 
the seaman's vessel or to proceed to sea in the vessel, for 
absence without leave within 24 hours of the vessel's sailing 
from a port (at the beginning or during the voyage), or for 
absence without leave from duties and without sufficient 
reason, the seaman forfeits from the seaman's wages not more 
than 2 days' pay or a sufficient amount to defray expenses 
incurred in hiring a substitute. 
(3) For quitting the vessel without leave after the vessel's 
arrival at the port of delivery and before the vessel is placed in 
security, the seaman forfeits from the seaman's wages not more 
than one month's pay. 
(4) For willful disobedience to a lawful command at sea, the 
seaman, at the discretion of the master, may be confined until 
the disobedience ends, and on arrival in port forfeits from the 
seaman's wages not more than 4 days' pay or, at the discretion 
of the court, may be imprisoned for not more than one month. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 583 
(5) For continued willful disobedience to lawful command or 
continued willful neglect of duty at sea, the seaman, at the 
discretion of the master, may be confined, on water and 1,000 
calories, with full rations every 5th day, until the disobedience 
ends, and on arrival in port forfeits, for each 24 hours' continu-
ance of the disobedience or neglect, not more than 12 days' pay 
or, at the discretion of the court, may be imprisoned for not 
more than 3 months. 
(6) For assaulting a master, mate, pilot, engineer, or staff 
officer, the seaman shall be imprisoned for not more than 2 
years. 
(7) For willfully damaging the vessel, or embezzling or will-
fully damaging any of the stores or cargo, the seaman forfeits 
from the seaman's wages the amount of the loss sustained and, 
at the discretion of the court, may be imprisoned for not more 
than 12 months. 
(8) For smuggling for which a seaman is convicted causing 
loss or damage to the owner or master, the seaman is liable to 
the owner or master for the loss or damage, and any part of the 
seaman's wages may be retained to satisfy the liability. The 
seaman also may be imprisoned for not more than 12 months. 
§ 11502. Entry of offenses in logbook 
(a) When an offense listed in section 11501 of this title is commit-
ted, an entry shall be made in the vessel's official logbook— 
(1) on the day of the ofTense; 
(2) stating the details; 
(3) signed by the master; and 
(4) signed by the chief mate or another sesiman. 
(b) Before arrival in port if the offense was committed at sea, or 
before departure if the offense was committed in port and the 
offender is still on the vessel— 
(1) the entry shall be read to the offender; 
(2) the offender shall be given a copy; and 
(3) the offender shall be given the opportunity to reply. 
(c) After subsection (b) of this section has been complied with, an 
entry shall be made in the official logbook— 
(1) stating that the entry about the offense was read and a 
copy provided to the offender; 
(2) stating the offender's reply; 
(3) signed by the master; and 
(4) signed by the chief mate or another seaman. 
(d) In a subsequent legal proceeding, if the entries required by this 
section are not produced or proved, the court may refuse to receive 
evidence of the offense. 
§ 11503. Duties of consular ofHcers related to insubordination 
(a) A consular officer shall use every means to discountenance 
insubordination on vessels of the United States, including emplojdng 
the aid of local authorities. 
(b) When a seaman is accused of insubordination, a consular 
officer shall inquire into the facts and proceed as provided in section 
11106 of this title. If the consular officer discharges the seaman, the 
officer shall endorse the agreement required by this part and enter 
in the vessel's official logbook the cause and particulars of the 
discharge. 
Legal 
proceedings. 
97 STAT. 584 
PUBLIC LAW 98-89—AUG. 26, 1983 
§ 11504. Enforcement of forfeitures 
When an offense by a seaman also is a criminal violation, it is not 
necessary that a criminal proceeding be brought to enforce a 
forfeiture. 
§ 11505. Disposal of forfeitures 
(a) Money, property, and wages forfeited under this chapter for 
desertion may be applied to compensate the owner or master of the 
vessel for expenses caused by the desertion. The balance shall be 
transferred to the Secretary when the voyage is completed, as 
prescribed by the Secretary. 
(b) Within one month of receiving the balance under subsection (a) 
of this section, the Secretary shall transfer the balance to the 
appropriate district court of the United States. If it appears to the 
district court that the forfeiture was imposed properly, the property 
transferred may be sold in the same manner prescribed for the 
disposition of the property of deceased seamen. The court shall 
deposit in the Treasury as miscellaneous receipts the proceeds of the 
sale and any money and wages transferred to the court. 
Civil penalty. 
(c) When an owner or master fails to transfer the balance as 
required under subsection (a) of this section, the owner or master is 
liable to the United States Government for a civil penalty of 2 times 
the amount of the balance, recoverable by the Secretary in the same 
manner that seaman's wages are recovered. 
(d) In all other cases of forfeiture of wages, the forfeiture shall be 
for the benefit of the owner of the vessel. 
§ 11506. Carrying sheath knives 
A seaman in the merchant marine may not wear a sheath knife 
on board a vessel without the consent of the master. The master of a 
vessel of the United States shall inform each seaman of this prohibi-
Civil penalty. 
tion before engagement. A master failing to advise a seaman is 
liable to the United States Government for a civil penalty of $50. 
§ 11507. Surrender of offending officers 
When an officer of a vessel of the United States (except the 
18 use 2191. 
master) has violated section 2191 of title 18, and the master has 
actual knowledge of the offense or if complaint is made within 3 
days after reaching port, the master shall surrender the offending 
officer to the proper authorities. If the master fails to use diligence 
to comply with this section and the offender escapes, the owner, the 
master, and the vessel are liable for damages to the individual 
unlawfully punished. 
PART H—IDENTIFICATION OF VESSELS 
CHAPTER 121—DOCUMENTATION OF VESSELS 
Sec. 
12101. Related terms in other laws. 
12102. Vessels eligible for documentation. 
12103. Certificates of documentation. 
12104. Effect of documentation. 
12105. Registry. 
12106. Ck>astwise licenses and registry. 
12107. Great Lakes licenses and registry. 
12108. Fishery licenses and registry. 
12109. Plefisure vessel licenses. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 585 
12110. Limitations on operations authorized by certificates. 
12111. Invalidation of certificates of documentation. 
12112. Vessels procured outside the United States. 
12113. Ports of documentation. 
12114. Home ports. 
12115. Names of vessels. 
12116. Numbers, signal letters, and identification markings. 
12117. Recording of United States built vessels. 
12118. Registration of funnel marks and house flags. 
12119. List of documented vessels. 
12120. Reports. 
12121. Regulations. 
12122. Penalties. 
§ 12101. Related terms in other laws 
When used in a law, regulation, document, ruling, or other official Definitions. 
act referring to the documentation of a vessel— 
(1) "certificate of registry", "register", and "registry" mean a 
registry as provided in section 12105 of this title. 
(2) "license", "enrollment and license", "license for the coast-
wise (or coasting) trade", and "enrollment and license for the 
coastwise (or coasting) trade" mean a coastwise license as pro-
vided in section 12106 of this title. 
(3) "enrollment and license to engage in the foreign and 
coastwise (or coasting) trade on the northern, northeastern, and 
northwestern frontiers, otherwise than by sea" means a Great 
Lakes license as provided in section 12107 of this title. 
(4) "license for the fisheries" and "enrollment and license for 
the fisheries" mean a fishery license as provided in section 
12108 of this title. 
(5) "yacht" means a pleasure vessel even if not documented. 
§ 12102. Vessels eligible for documentation 
A vessel of at least 5 net tons not registered under the laws of a 
foreign country is eligible for documentation if the vessel is owned 
by— 
(1) an individual who is a citizen of the United States; 
(2) an association, trust, joint venture, or other entity— 
(A) all of whose members are citizens of the United 
States; and 
(B) that is capable of holding title to a vessel under the 
laws of the United States or of a State; 
(3) a partnership whose general partners are citizens of the 
United States, and the controlling interest in the partnership is 
owned by citizens of the United States; 
(4) a corporation established under the laws of the United 
States or of a State, whose president or other chief executive 
officer and chairman of its board of directors are citizens of the 
United States and no more of its directors are noncitizens than 
a minority of the number necessary to constitute a quorum; 
(5) the United States Government; or 
(6) the government of a State. 
§ 12103. CertiHcates of documentation 
(a) On application by the owner of a vessel eligible for documenta-
tion, the Secretary shall issue a certificate of documentation of one 
of the types specified in sections 12105-12109 of this title. 
97 STAT. 586 
PUBLIC LAW 98-89—AUG. 26, 1983 
(b) The Secretary may prescribe the form of, the manner of fiUng, 
and the information to be contained in, appUcations for certificates 
of documentation. 
(c) Each certificate of documentation shall— 
(1) contain the name, the home port, and a description of the 
vessel; 
(2) identify the owner of the vessel; and 
(3) contain additional information 
prescribed by the 
Secretary. 
(d) The Secretary shall prescribe procedures to ensure the 
integrity of, and the accuracy of information contained in, certifi-
cates of documentation. 
(e) The owner and master of a documented vessel shall make the 
vessel's certificate of documentation available for examination as 
the law or Secretary may require. 
§ 12104. Effect of documentation 
A certificate of documentation is— 
(1) conclusive evidence of nationality for international pur-
poses, but not in a proceeding conducted under the laws of the 
United States; 
(2) except for a pleasure vessel license, conclusive evidence of 
qualification to be employed in a specified trade; and 
(3) not conclusive evidence of ownership in a proceeding in 
which ownership is in issue. 
§ 12105. Registry 
(a) A registry may be issued for a vessel eligible for documenta-
tion. 
(b) A vessel for which a registry is issued may be employed in 
foreign trade or trade with Guam, American Samoa, Wake, Midway, 
or Kingman Reef. 
(c) On application of the owner of a vessel that qualifies for a 
coastwise license under section 12106 of this title, a Great Lakes 
license under section 12107 of this title, or a fishery license under 
section 12108 of this title, the Secretary may issue a registry appro-
priately endorsed authorizing the vessel to be employed in the 
coastwise trade, the Great Lakes trade, or the fisheries, as the case 
maybe. 
(d) Except as provided in sections 12106-12108 of this title, a 
foreign built vessel registered under this section may not engage in 
the coastwise trade, the Great Lakes trade, or the fisheries. 
§ 12106. Coastwise licenses and registry 
(a) A coastwise license or, as provided in section 12105(c) of this 
title, an appropriately endorsed registry, may be issued for a vessel 
that— 
(1) is eligible for documentation; 
(2XA) was built in the United States; or 
(B) if not built in the United States, was captured in war by 
citizens of the United States and lawfully condemned as prize, 
was adjudged to be forfeited for a breach of the laws of the 
United States, or qualified for documentation under section 
4136 of the Revised Statutes (46 App. U.S.C. 14); and 
(3) otherwise qualifies under laws of the United States to be 
employed in the coastwise trade. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 587 
(b) Subject to the laws of the United States regulating the coast-
wise trade and the fisheries, only a vessel for which a coastwise 
license or an appropriately endorsed registry is issued may be 
employed in— 
(1) the coastwise trade; and 
(2) the fisheries. 
§ 12107. Great Lakes licenses and registry 
(a) A Great Lakes license or, as provided in section 12105(c) of this 
title, an appropriately endorsed registry, may be issued for a vessel 
that— 
(1) is eligible for documentation; 
(2XA) was built in the United States; or 
(B) if not built in the United States, was captured in war by 
citizens of the United States and lawfully condemned as prize, 
was adjudged to be forfeited for a breach of the laws of the 
United States, or qualified for documentation under section 
4136 of the Revised Statutes (46 App. U.S.C. 14); and 
(3) otherwise qualifies under the laws of the United States to 
be employed in the coastwise trade. 
(b) Subject to the laws of the United States regulating the coast-
wise trade, trade with Canada, and the fisheries, only a vessel for 
which a Great Lakes license or an appropriately endorsed registry is 
issued may be employed on the Great Lakes and their tributary and 
connecting waters in— 
(1) the coastwise trade; 
(2) trade with Canada; and 
(3) the fisheries. 
§ 12108. Fishery licenses and registry 
(a) A fishery license or, as provided in section 12105(c) of this title, 
an appropriately endorsed registry, may be issued for a vessel that— 
(1) is eligible for documentation; and 
(2XA) was built in the United States; or 
(B) if not built in the United States, was captured in war by 
citizens of the United States and lawfully condemned as prize, 
was adjudged to be forfeited for a breach of the laws of the 
United States, or qualified for documentation under section 
4136 of the Revised Statutes (46 App. U.S.C. 14); and 
(3) otherwise qualifies under the laws of the United States to 
be employed in the fisheries. 
(b) Subject to the laws of the United States regulating the fisher-
ies, only a vessel for which a fishery license or an appropriately 
endorsed registry is issued may be employed in the fisheries. 
§ 12109. Pleasure vessel licenses 
(a) A pleasure vessel license may be issued for a vessel that is— 
(1) eligible for documentation; and 
(2) to be operated only for pleasure. 
(b) A licensed pleasure vessel may proceed between a port of the 
United States and a port of a foreign country without entering or 
clearing with the Customs Service. 
(c) The Secretary may prescribe by regulation reasonable fees for 
issuing, renewing, or replacing a pleasure vessel license, or for 
providing any other service related to a pleasure vessel license. The 
fees shedl be based on the costs of the service provided. 
97 STAT. 588 
PUBLIC LAW 98-89—AUG. 26, 1983 
§ 12110. Limitations on operations authorized by certificates 
(a) A vessel may not be employed in a trade except a trade covered 
by the certificate of documentation issued for that vessel. A docu-
mented pleasure vessel may be operated only for pleasure. However, 
a certificate of documentation may be exchanged, under regulations 
prescribed by the Secretary, for another t3rpe of certificate of docu-
mentation or endorsed appropriately for a trade for which the vessel 
qualifies. 
(b) A barge qualified to be employed in the coastwise trade may be 
employed, without being documented, in that trade on rivers, har-
bors, lakes (except the Great Lakes), canals, and inland waters. 
(c) When a vessel is employed in a trade not covered by the 
certificate of documentation issued for that vessel, or a documented 
pleasure vessel is operated except for pleasure, the vessel and its 
equipment are liable to seizure by and forfeiture to the United 
States Government. 
(d) A documented vessel may be placed under the command only 
of a citizen of the United States. 
§ 12111. Invalidation of certiHeates of documentation 
(a) A certificate of documentation is invalid if the vessel for which 
it is issued— 
(1) no longer meets the requirements of this chapter and 
regulations prescribed under this chapter applicable to that 
certificate of documentation; or 
(2) is placed under the command of a person not a citizen of 
the United States. 
(b) Except as provided by section 30(0) of the Merchant Marine 
Act, 1920 (46 App. U.S.C. 961(a)), an invalid certificate of documenta-
tion shall be surrendered as provided by regulations prescribed by 
the Secretary. 
§ 12112. Vessels procured outside the United States 
(a) The Secretary £ind the Secretary of State, acting jointly, may 
provide for the issuance of an appropriate document for a vessel 
procured outside the United States meeting the ownership require-
ments of section 12102 of this title. 
(b) Subject to limitations the Secretary may prescribe, a vessel for 
which an appropriate document is issued under this section may 
proceed to the United States and engage en route in the foreign 
trade or trade with Guam, American Samoa, Wake, Midway, or 
Kingman Reef. On the vessel's arrival in the United States, the 
document shall be surrendered as provided by regulations pre-
scribed by the Secretary. 
(c) A vessel for which a document is issued under this section is 
Suspension. 
subject to the jursidiction and laws of the United States. However, 
the Secretary may suspend for a period of not more than 6 months, 
the application of a vessel inspection law carried out by the Secre-
tary or regulations prescribed under that law if the Secretary 
considers the suspension to be in the public interest. 
§ 12113. Ports of documentation 
The Secretary shall designate ports of documentation in the 
United States at which vessels may be documented and instruments 
affecting title to, or interest in, documented vessels may be recorded. 
The Secretary— 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 589 
(1) shall specify the geographic area to be served by each 
designated port; and 
(2) may discontinue, relocate, or designate additional ports of 
documentation. 
§ 12114. Home ports 
(a) The port of documentation selected by £in owner of a vessel and 
approved by the Secretary for the documentation of the vessel is the 
vessel's home port. 
(h) Once a vessel's home port is established, it may not be changed 
without the approval of the Secretary. 
§ 12115. Names of vessels 
(a) The name of the vessel selected by the owner and approved by 
the Secretary for the documentation of the vessel is the vessel's 
name of record. 
Qj) Once a vessel's name of record is established, it may not be 
changed without the approval of the Secretary. 
(c) The Secretary may prescribe by regulation a reasonable fee for 
changing a documented vessel's name of record. 
§ 12116. Numbers, signal letters, and identification markings 
(a) The Secretary shall maintain a numbering system for the 
identification of a documented vessel and shall assign a number to 
each documented vessel. 
(b) The Secretary may mainteiin a system of signal letters for a 
documented vessel. 
(c) The owner of a documented vessel shall affix to the vessel and 
maintain in the manner prescribed by the Secretary the number 
assigned and any other identification markings the Secretary may 
require. 
§ 12117. Recording of United States built vessels 
The Secretary may provide for the recording and certifying of 
information about vessels built in the United States that the Secre-
tary considers to be in the public interest. 
§ 12118. Registration of funnel marks and house flags 
The Secretary shall provide for the registration of funnel marks 
and house flags by owners of vessels. 
§ 12119. List of documented vessels 
The Secretary shall publish periodically a list of all documented 
vessels and information about those vessels that the Secretary 
considers pertinent or useful. The list shall contain a notation 
clearly indicating all vessels classed by the American Bureau of 
Shipping. 
§ 12120. Reports 
To ensure compliance with this chapter and laws governing the 
qualifications of vessels to engage in the coastwise trade and the 
fisheries, the Secretary may require owners and masters of docu-
mented vessels to submit reports in any reasonable form and 
manner the Secretary may prescribe. 
§ 12121. Regulations 
The Secretary may prescribe regulations to carry out this chapter. 
97 STAT. 590 
PUBLIC LAW 98-89—AUG. 26, 1983 
§ 12122. Penalties 
(a) A person that violates this chapter or a regulation prescribed 
under this chapter is liable to the United States Government for a 
civil penalty of not more than $500. 
(b) When the owner of a vessel knowingly falsifies or conceals a 
material fact, or makes a false statement or representation about 
the documentation of the vessel, that vessel and its equipment are 
liable to seizure by and forfeiture to the United States Government. 
(c) When a certificate of documentation is knowingly and fraudu-
lently used for a vessel, that vessel and its equipment are liable to 
seizure by and forfeiture to the Grovemment. 
CHAPTER 123—NUMBERING UNDOCUMENTED 
VESSELS 
Regulations. 
Approval 
withdrawal. 
Sec. 
12301. Numbering vessels. 
12302. Standard numbering system. 
12303. Exemption from numbering requirements. 
12304. Certificates of numbers. 
12305. Displaying numbers. 
12306. Safety certificates. 
12307. Regulations on numbering and fees. 
12308. Providing vessel numbering and registration information. 
12309. Penalties. 
§ 12301. Numbering vessels 
An undocumented vessel equipped with propulsion machinery of 
any kind shall have a number issued by the proper issuing authority 
in the State in which the vessel principally is operated. 
§ 12302. Standard numbering system 
(a) The Secretary shall prescribe by regulation a standard num-
bering system for vessels to which this chapter applies. On applica-
tion by a State, the Secretary shall approve a State numbering 
system that is consistent with the standard numbering system. In 
carrjdng out its numbering system, a State shall adopt any defini-
tions of relevant terms prescribed by regulations of the Secretary. 
Qo) A State with an approved numbering system is the issuing 
authority within the meaning of this chapter. The Secretary is the 
issuing authority in a State in which a State numbering system has 
not been approved. 
(c) When a vessel is numbered in a Stete, it is deemed in compli-
ance with the numbering system of a State in which it temporarily 
is operated. 
(d) When a vessel is removed to a new State of principal operation, 
the issuing authority of that Stete shall recognize the validity of the 
number issued by the original Stete for 60 days. 
(e) If a Stete has a numbering system approved after the Secretory 
issues a number, the Stete shall recognize the validity of the 
number issued by the Secretory for one year. 
(f) When the Secretory decides that a Stote numbering system is 
not being carried out consistent with the stondard numbering 
system or the Stote has changed the system without the Secretory's 
approval, the Secretary may withdraw approval after giving notice 
to the State, in writing, stoting the reasons for the withdrawal. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 591 
§ 12303. Exemption from numbering requirements 
(a) When the Secretary is the authority issuing a number under 
this chapter, the Secretary may exempt a vessel or class of vessels 
from the numbering requirements of this chapter under conditions 
the Secretary may prescribe. 
(b) When a State is the issuing authority, it may exempt from the 
numbering requirements of this chapter a vessel or class of vessels 
exempted under subsection (a) of this section or otherwise as permit-
ted by the Secretary. 
§ 12304. Certificates of numbers 
(a) A certificate of number is granted for a number issued under 
this chapter. The certificate shall be pocketsized, shall be at all 
times available for inspection on the vessel for which issued when 
the vessel is in operation, and may be valid for not more thsm 8 
years. The certificate of number for a vessel less than 26 feet in 
length and leased or rented to another for the latter's noncommer-
cial operation of less than 7 days may be retained on shore by the 
vessel's owner or representative at the place from which the vessel 
departs or returns to the possession of the owner or the owner's 
representative. A vessel that does not have the certificate of number 
on board shall be identified when in operation, and comply with 
requirements, as the issuing authority prescribes. 
(b) The owner of a vessel numbered under this chapter shall 
provide— 
(1) the issuing authority notice of the transfer of any part of 
the owner's interest in the vessel or of the destruction or 
abandonment of the vessel, within a reasonable time after the 
transfer, destruction, or abandonment; and 
(2) notice of a change of address within a reasonable time of 
the change, as prescribed by regulation. 
§ 12305. Displaying numbers 
A number required by this chapter shall be painted on, or at-
tached to, each side of the forward half of the vessel for which it was 
issued, and shall be the size, color, and tjrpe as may be prescribed by 
the Secretary. No other number may be carried on the forward half 
of the vessel. 
§ 12306. Safety certificates 
When a State is the authority issuing a number under this 
chapter, it may require that the individual in charge of a numbered 
vessel have a valid safety certificate issued under conditions set by 
the issuing authority, except when the vessel is subject to manning 
requirements under part F of this subtitle. 
Ante, p. 547. 
§ 12307. Regulations on numbering and fees 
The authority issuing a number under this chapter may prescribe 
regulations and establish fees to cariy out the intent of this chapter. 
The fees shall apply equally to residents and nonresidents of the 
State. A State issuing authority may impose only conditions for 
vessel numbering that are— 
(1) prescribed by this chapter or regulations of the Secretary 
about the standard numbering system; or 
(2) related to proof of pa3mient of State or local taxes. 
97 STAT. 592 
PUBLIC LAW 98-89—AUG. 26, 1983 
28 use 636. 
§ 12308. Providing vessel numbering and registration information 
A person may request from an authority issuing a number under 
this chapter the numbering and registration information of a vessel 
that is retrievable from vessel numbering system records of the 
issuing authority. When the issuing authority is satisfied that the 
request is reasonable and related to a boating safety purpose, the 
information shall be provided on paying the cost of retrieving and 
providing the information requested. 
§ 12309. Penalties 
(a) A person willfully violating this chapter or a regulation pre-
scribed under this chapter shall be fined not more than $5,000, 
imprisoned for not more than one year, or both. 
(b) A person violating this chapter or a regulation prescribed 
under this chapter is liable to the United States Government for a 
civil penalty of not more than $1,000. If the violation involves the 
operation of a vessel, the vessel also is liable in rem for the penalty. 
(c) When a civil penalty of not more than $200 has been assessed 
under this chapter, the Secretary may refer the matter of collection 
of the penalty directly to the United States magistrate of the 
jurisdiction in which the person liable may be found for collection 
procedures under supervision of the district court and under an 
order issued by the court delegating this authority under section 
636(b) of title 28. 
PART I—STATE BOATING SAFETY PROGRAMS 
CHAPTER 131—RECREATIONAL BOATING 
SAFETY 
Contracts. 
Guidelines and 
standards. 
Sec. 
13101. State recreational boating seifety programs. 
13102. Program acceptance. 
13103. Allocations. 
13104. Availability of allocations. 
13105. Computation decisions about State amounts expended. 
13106. Authorization of contract spending. 
13107. National Recreational Boating Safety and Facilities Improvement Fund. 
13108. Computing amounts allocated to States and State records requirements. 
13109. Consultation, cooperation, and regulation. 
13110. National Boating Safety Advisory Council. 
§ 13101. State recreational boating safety programs 
(a) To encourage greater State participation and uniformity in 
boating safety and facility improvement efforts, and particularly to 
permit the States to assume the greater share of boating safety 
education, assistance, and enforcement activities, the Secretary 
shall carry out a national recreational boating safety and facilities 
improvement program. Under this program, the Secretary may 
make contracts with, and allocate and distribute amounts to, eligi-
ble States to assist them in developing, carrying out, and financing 
State recreational boating safety and facilities 
improvement 
programs. 
Ot)) The Secretary shall establish guidelines and standards for the 
program. In doing so, the Secretary— 
(1) shall consider, among other things, factors affecting recre-
ational boating safety by contributing to overcrowding and 
congestion of waterways, such as the increasing number of 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 593 
recreational vessels operating on those waterways and their 
geographic distribution, the availability and geographic distri-
bution of recreational boating facilities in and among appljdng 
States, and State marine casualty and fatsdity statistics for 
recreational vessels; 
(2) shall consult with the Secretary of the Interior to minimize 
duplication with the purposes and expenditures of the Land and 
Water Ck)nservation Fund Act of 1965 (16 U.S.C. 4601-4— 
4601-11) and with the guidelines developed under that Act; and 
(3) shall maintain environmental standards consistent with 
the Ck)astal Zone Management Act of 1972 (16 U.S.C. 1451-1464) 
and other laws and policies of the United States intended to 
safeguard the ecological and esthetic quality of the waters and 
wetlands of the United States. 
(c) A State whose recreational boating safety and facilities im-
provement program has been approved by the Secretary is eligible 
for allocation and distribution of amounts under this chapter to 
assist that State in developing, carrjdng out, and financing its 
program. Matching amounts shall be allocated and distributed 
among eligible States by the Secretary as provided by section 13103 
of this title. 
§ 13102. Program acceptance 
(a) The Secretary may make a contract with, and allocate and 
distribute amounts from the Fund established under section 13107 
of this title to, a State that has an approved State recreational 
boating safety and facilities improvement program, if the State 
demonstrates to the Secretary's satisfaction that— 
(1) the program submitted by that State is consistent with this 
chapter and chapters 61 and 123 of this title; 
(2) amounts distributed will be used to develop and carry out a 
State recreational boating safety and facilities improvement 
program containing the minimum requirements of subsection 
(c), (d), or (f) of this section; 
(3) sufficient State matching amounts are available from 
general revenue, undocumented vessel numbering and license 
fees. State marine fuels teixes, or from a fund constituted from 
the proceeds of those taxes and established to finance a State 
recreational boating safety and facilities improvement program; 
and 
(4) the program submitted by that State designates a State 
lead authority or agency that will carry out or coordinate 
carrying the State recreational boating safety and facilities 
improvement program supported by financial sissistance of the 
United States Government in that State, including the require-
ment that the designated State authority or agency submit 
required reports that are necessary and reasonable to carry out 
properly and efficiently the program and that are in the form 
prescribed by the Secretary. 
(b) Amounts of the Government from sources (except sources 
referred to in subsection (aX3) of this section) may not be used to 
provide a State's share of the costs of the program described under 
this section. State matching amounts committed to a program under 
this chapter may not be used to constitute the State's share of 
matching amounts required by another program of the Government. 
(c) The Secretary shall approve a State recreational boating safety 
program, and the program is eligible to receive amounts authorized 
16 u s e 460/-4-
460Z-11. 
Contracts with 
States. 
Ante, pp. 535, 
590. 
Restriction. 
97 STAT. 594 
PUBLIC LAW 98-89—AUG. 26, 1983 
to be expended under section 13106 of this title, if the program 
includes— 
(1) a vessel numbering system approved or carried out by the 
Ante, p. 590. 
Secretary under chapter 123 of this title; 
(2) a cooperative boating safety assistance program with the 
Coast Guard in that State; 
(3) sufficient patrol and other activity to ensure adequate 
enforcement of applicable State boating safety laws and 
regulations; 
(4) an adequate State boating safety education program; and 
(5) a system, approved by the Secretary, for reporting marine 
casualties required under section 6102 of this title. 
(d) The Secretary shall approve a State recreational boating facili-
ties improvement program, and the program is eligible to receive 
amounts authorized to be expended under section 13106 of this title, 
if the program includes— 
(1) a complete description of recreational boating facility 
improvement projects to be undertaken by the State; and 
(2) consultation with State officials responsible for the 
statewide comprehensive outdoor recreation plan required by 
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
16USC460Z-4— 
4601-4—4601-11) and for any program developed under the 
460M1. 
Coastal Zone Management Act of 1972 (16 U.S.C. 1451-1464). 
(e) The Secretary's approval under this section is a contractual 
obligation of the Government for the pa5mient of the proportional 
share of the cost of carrying out the program. 
Combined 
(fXD A State may submit a combined program to the Secretary for 
program, 
the improvement of recreational boating safety and the improve-
submittai. 
ment of recreational boating facilities in that State. The Secretary 
shall approve the program if it contains the minimum requirements 
set forth in subsections (c) and (d) of this section, 
(2) Those parts of the combined program of a State that are 
designed to improve recreational boating safety are eligible to re-
ceive amounts authorized to be expended for State recreational 
boating safety programs under section 13106 of this title. The Secre-
tary's approval of those parts is a contractual obligation of the 
Government for the payment of the proportional share of the cost of 
carrying out the State s recreational boating safety program under 
this chapter. 
(3) Those parts of the combined program of a State that are 
designed to improve recreational boating facilities are eligible to 
receive amounts authorized to be expended for State recreational 
boating facilities improvement programs under section 13106 of this 
title. Tlie Secretary's approval of those parts is a contractual obliga-
tion of the Government for the pa5nment of the proportional share of 
the cost of carrying out the State's recreational boating facilities 
program under this chapter. 
§ 13103. Allocations 
(a) The Secretary shall allocate amounts available for allocation 
and distribution under this chapter for State recreational boating 
safety programs as follows: 
(1) One-third shall be allocated equally each fiscal year among 
eligible States. 
(2) One-third shall be allocated among eligible States that 
maintain a State vessel numbering system approved under 
chapter 123 of this title and a marine casualty reporting system 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 595 
approved under this chapter so that the amount allocated each 
fiscal year to each eligible State will be in the same ratio as the 
number of vessels numbered in that State bears to the number 
of vessels numbered in all eligible States. 
(3) One-third shall be allocated so that the amount allocated 
each fiscal year to each eligible State will be in the same ratio 
as the amount of State amounts expended or obligated by the 
State for the State recreational boating safety program during 
the prior fiscal year bears to the total State amounts expended 
or obligated during that fiscal year by all eligible States for 
State recreational boating safety programs. 
(b) The Secretary shall allocate the amounts available for alloca-
tion and distribution under this chapter for State recreational boat-
ing facilities improvement programs as follows: 
(1) One-third shall be allocated equally each fiscal 3rear among 
eligible States. 
(2) One-third shall be allocated so that the amount allocated 
each fiscal year to each eligible State will be in the same ratio 
as the number of vessels numbered in that State bears to the 
number of vessels numbered in all eligible States. 
(3) One-third shall be allocated so that the amount allocated 
each fiscal year to each eligible State shall be in the same ratio 
as the State amounts expended or obligated by the State for a 
recreational boating facilities improvement program approved 
under this chapter during the prior fiscal year bears to the total 
State amounts expended or obligated during that fiscal year by 
all eligible States for recreational boating facilities improve-
ment programs. 
(c) The amount received by a State under this section in a fiscal 
year may be not more than one-half of the total cost incurred by 
that State in developing, carrying out, and financing that State's 
recreational boating safety and facilities improvement program in 
that fiscal year. 
(d) An allocation or distribution of amounts under this section 
may not be made to a State to maintain boating facilities under that 
State's approved recreational boating safety and facilities improve-
ment program. 
(e) The Secretary may allocate not more than 5 percent of the 
amounts available for allocation and distribution in a fiscal year for 
national boating safety activities of national nonprofit public service 
organizations. 
(f) The Secretary may expend from the amounts available for 
allocation and distribution in a fiscal year those amounts necessary 
to carry out this chapter. However, the amounts expended in a fiscal 
year to carry out this chapter may be not more than $250,000 or 2 
percent of the amounts available for allocation and distribution in 
that fiscal year, whichever is greater. 
§ 13104. Availability of allocations 
(a) Amounts allocated to a State shall be available for obligation 
by that State for a period of 3 years after the date of allocation. 
Amounts unobligated by the State at the end of the 3 years shall be 
withdrawn by the Secretary and shall be available with other 
amounts to be allocated by the Secretary during that fiscal year. 
(b) Amounts available to the Secretary that have not been allo-
cated at the end of a fiscal year shall be carried forward £is part of 
97 STAT. 596 
PUBLIC LAW 98-89—AUG. 26, 1983 
the total allocation of amounts for the next fiscal year that may be 
expended under this chapter. 
§ 13105. Computation decisions about State amounts expended 
(a) Consistent with regulations prescribed by the Secretary, the 
computation by a State of amounts expended or obligated for the 
State recreational boating safety and facilities improvement pro-
gram shall include— 
(1) the acquisition, maintenance, and operating costs of land, 
facilities, equipment, and supplies; 
(2) personnel salaries and reimbursable expenses; 
(3) the costs of training personnel; 
(4) public boat safety education; 
(5) the costs of carrying out the program; and 
(6) other expenses that the Secretary considers appropriate. 
(b) The Secretary shall decide an issue arising out of the computa-
tion made under subsection (a) of this section. 
§ 13106. Authorization of contract spending 
(a) To provide financial assistance for State recreational boating 
safety and facilities improvement programs, the Secretary may 
expend, subject to amounts provided in appropriations laws for 
liquidating contract authority, an amount equal to the revenues 
accruing each fiscal year from the taxes under section 4041(b) of the 
96 Stat. 2170. 
Internal Revenue Code of 1954 (26 U.S.C. 4041(b)) from special motor 
fuels used as fuel in motor boats and under section 4081 of that Code 
(26 U.S.C. 4081) from gasoline used as fuel in motor boats. 
(b) Of the amounts available for allocation and distribution for 
recreational boating safety and facilities improvement programs, 
one-third shall be allocated for recreational boating safety programs 
and two-thirds shall be allocated for recreational boating facilities 
improvement programs. 
(c) Amounts authorized to be expended for State recreational 
boating safety and facilities improvement programs remain availa-
ble until expended and are deemed to have been expended only if an 
amount equal to the totel amounts authorized to be expended under 
this section for the fiscal year in question and all prior fiscal years 
have been obligated. Amounts previously obligated but released by 
pa5mient of a final voucher or modification of a program acceptance 
shall be credited to the balance of unobligated funds and shall be 
immediately available for expenditure, 
§ 13107. National Recreational Boating Safety and Facilities Im-
provement Fund 
There is established in the Treasury a separate fund known as the 
National Recreational Boating Safety and Facilities Improvement 
Fund consisting of amounts paid into it as provided in section 
96 Stat. 2191. 
209(0(5) of the Highway Revenue Act of 1956. Amounts in the Fund 
23 use 120 note. ^j.g available for making expenditures as provided in section 13106 
of this title. 
§ 13108. Computing amounts allocated to States and State records 
^ 
requirements 
(a) Amounts allocated and distributed under section 13103 of this 
title shall be computed and paid to the States as follows: 
(1) During the last quarter of a fiscal year and on the basis of 
computations made under section 13105 of this title and submit-
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 597 
ted by the States, the Secretary shall determine the percentage 
of the amounts available for the next fiscal year to which each 
eligible State is entitled. 
(2) Notice of the percentage and of the dollar amount, if it can 
be determined, for each State shall be provided to the States at 
the earliest practicable time. 
(3) If the Secretary determines that an amount made availa-
ble to a State for a prior fiscal year is greater or less than the 
amount that should have been made available to the State for 
the prior fiscal year, because of later or more accurate State 
expenditure information, the amount for the current fiscal year 
may be increased or decreased by the appropriate amount. 
O
t
)
) The Secretary shall schedule the payment of amounts, consist- Scheduled 
ent with the program purposes and applicable regulations pre- payments. 
scribed by the Secretary of the Ti-easury, to minimize the time 
elapsing between the transfer of amounts from the Treasury and the 
subsequent disbursement of the amounts by a State. 
(c) The Secretary shall notify a State authority or agency that 
further pa)niients will be made to the State only when the program 
complies with the prescribed standards or a failure to comply sub-
stantially with standards is corrected if the Secretary, after reason-
able notice to the designated State authority or agency, finds that— 
(1) the State recreational boating safety and facilities im-
provement program submitted by the State and accepted by the 
Secretary has been so changed that it no longer complies with 
this chapter or standards prescribed by regulations; or 
(2) in carrying out the State recreational boating safety and 
facilities improvement program, there has been a failure to 
comply substantially with the standards prescribed by 
regulations. 
(d) The Secretary shall provide for the accounting, budgeting, and 
other fiscal procedures that are necessary and reasonable to carry 
out this section properly and efficiently. Records related to amounts Audits. 
allocated under this chapter shall be made available to the Secre-
tary and the Comptroller General to conduct audits. 
§ 13109. Consultation, cooperation, and regulation 
(a) In carrying out responsibilities under this chapter, the Secre-
tary may consult with State and local governments, public and 
private agencies, organizations and committees, private industry, 
and other persons having an interest in boating safety and facilities 
improvement. 
(b) The Secretary may advise, assist, and cooperate with the States 
and other interested public and private agencies in planning, devel-
oping, and carrying out boating safety and facilities improvement 
programs. Acting under section 141 of title 14, the Secretary shall 1
4 U
S
C 141 
ensure the fullest cooperation between the State and United States 
Government authorities in promoting boating safety by making 
agreements and other arrangements with States when possible. 
Subject to chapter 23 of title 14, the Secretary may make available, 
on request of a State, the services of members of the Coast Guard 
Auxiliary to assist the State in promoting boating safety on State 
waters. 
(c) The Secretary may prescribe regulations to carry out this 
chapter. 
14 USC 821 et 
seq. 
97 STAT. 598 
PUBLIC LAW 98-89—AUG. 26, 1983 
§ 13110. National Boating Safety Advisory Council 
(a) The Secretary shall establish a National Boating Safety Advi-
Membership. 
sory Council. The Council shall consist of not more than 21 members 
appointed by the Secretary, whom the Secretary considers to have a 
particular expertise, knowledge, and experience in boating safety. 
(bXl) Insofar as practical and to ensure balanced representation, 
the Secretary shall appoint members equally from— 
(A) State officials responsible for State boating safety 
programs; 
(B) recreational vessel manufacturers; and 
(C) boating organizations and members of the general public. 
(2) Additional individuals from the sources referred to in para-
graph (1) of this subsection may be appointed to panels of tiw 
Council to assist the Council in performing its duties. 
(3) At least once a year, the Secretary shall publish a notice in the 
Federal Register soliciting nominations for m^nbership on the 
Council. 
(c) In addition to the consultation required by section 4302 of this 
title, the Secretary shall consult with the Council on other major 
boating safety matters related to this chapter. The Council may 
make available to Congress information, advice, and recommeflda-
tions that the Council is authorized to give to the Secretary; 
(d) When attending meetings of the Council, a member of the 
Council or a panel may be paid at a rate not more than the rate for 
Travel expenses. GS-18. When serving away from home or regular place of business, 
the member may be allowed travel expenses, including per diem in 
5 use 5703. 
Ueu of subsistence as authorized by section 5703 of title 5 for 
individuals employed intermittently in the Government service. A 
payment under this section does not make a member of the Council 
an officer or employee of the United States Government for any 
purpose. 
Notice, 
publication in 
Federal 
Register. 
Ante, p. 530. 
[PART J—RESERVED FOR MEASUREMENT OF VESSELS] 
46 u s e note 
prec. 2101. 
Provisions held 
invalid. 
MISCELLANEOUS PROVISIONS 
SEC. 2. (a) Laws effective after December 31, 1982, that are incon-
sistent with this Act supersede this Act to the extent of the 
inconsistency. 
(b) A reference to a law replaced by this Act, including a reference 
in a regulation, order, or other law, is deemed to refer to the 
corresponding provision of this Act. 
(c) An order, rule, or regulation in effect under a law replaced by 
this Act continues in effect under the corresponding provision of this 
Act until repealed, amended, or superseded. 
(d) An action taken or an offense committed under a law replaced 
by this Act is deemed to have been taken or committed under the 
corresponding provision of this Act. 
(e) An inference of legislative construction is not to be drawn by 
reason of the caption or catch line of a provision enacted by this Act. 
(f) If a provision enacted by this Act is held invalid, all valid 
provisions that are severable from the invalid provision remain in 
effect. If a provision of this Act is held invalid in one or more of its 
applications, the provision remains in effect in all valid applications 
that are severable from the invalid application or applications. 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 599 
(gXD Part B of subtitle II and sections 7306 (related to able 
seaman sail) and 7311 of title 46 (as enacted by section 1 of this Act) 
take effect April 15, 1984, or when regulations for sailing school 
vessels under part B are effective, whichever is earlier. 
(2) Section 3715(a) of title 46 (as enacted by section 1 of this Act) is 
effective on the day after the effective date of the regulations 
prescribed by the Secretary under section 3715(b) of title 46. 
(h) Chapter 63 of title 46 (as enacted by section 1 of this Act) does 
not supersede section 304(a)(lXE) of the Independent Safety Board 
Act of 1974 (49 App. U.S.C. 1903(aXlXE)). 
(i) Each offshore supply vessel described in section 3302(g) of title 
46 (as enacted by section 1 of this Act), that was registered with the 
Secretary of Transportation under section 4426a(7) of the Revised 
Statutes but that has not been inspected by the Secretary shall be 
held to be in compliance with all applicable vessel inspection laws 
pending verification by actual inspection or until one year after the 
date of enactment of this Act, whichever is earlier. 
(j) Within 2 years after the date of enactment of this Act, the 
Federal Maritime Commission and the Secretary of Transportation 
each shall submit to Congress a proposed codification of the laws 
within their respective jurisdictions related to shipping and mari-
time matters. 
CONFORMING CROSS-REFERENCES 
SEC. 3. (a) Section 5549(4) of title 5, United States Code is amended 
to read as follows: 
"(4) sections 2111 and 2112 of title 46; and", 
(b) Section 10542(c) of title 49, United States Code, is amended— 
(1) in the matter before clause (1), by striking "tank vessels" 
and substituting "a tank vessel"; and 
(2) by striking clause (2) and substituting: 
"(2) having a certificate of inspection issued under part B of 
subtitle II of title 46 endorsed to show that the vessel complies 
with chapter 37 of title 46.". 
Effective dates, 
46 u s e 3101 
note. 
Ante, p. 509. 
46 u s e 3715 
note. 
46 u s e 6301 
note. 
Ante, p. 537. 
46 u s e 3302 
note. 
Proposed 
codification, 
submittal to 
eongress. 
46 u s e note 
prec. 2101. 
Ante, p. 509. 
Ante, p. 520. 
REPEALS 
SEC. 4. (a) The repeal of a law by this Act may not be construed as 
a legislative implication that the provision was or was not in effect 
before its repeal. 
(b) The laws specified in the following schedule are repealed, 
except for rights and duties that matured, penalties that were 
incurred, and proceedings that were begun, before the date of 
enactment of this Act and except as provided by section 2 of this 
Act: 
46 u s e note 
prec. 2101. 
97 STAT. 600 
PUBLIC LAW 98-89—AUG. 26, 1983 
Schedule of Laws Repealed 
Revised Statutes, Revised Statutes, 
Revised Statutes, 
Revised Statutes, 
Revised Statutes, 
section 
section 
section 
section 
section 
4131 
4235 
4236 
4237 
4250 
4251 
4290 
4291 
4292 
4399 
4400 
4401 
4403 
4405 
4406 
4407 
4408 
4409 
4410 
4411 
4417 
4417a 
4418 
4419 
4420 
4421 
4423 
4424 
4425 
4426 
4426a 
4427 
4428 
4429 
4430 
4431 
4432 
4433 
4434 
4437 
4438 
4438a 
4439 
4440 
4441 
4442 
4443 
4444 
4445 
4446 
4447 
4448 
4449 
4450 
4451 
4453 
4454 
4455 
4456 
4457 
4460 
4462 
4463 
4464 
4465 
4466 
4467 
4468 
4469 
4472 
4474 
4477 
4478 
4480 
4484 
4485 
4486 
4487 
4488 
4490 
4491 
4494 
4496 
4497 
4499 
4500 
4501 
4502 
4503 
4504 
4505 
4506 
4507 
4508 
4509 
4510 
4511 
4512 
4513 
4514 
4515 
4516 
4517 
4518 
4519 
4520 
4521 
4522 
4523 
4524 
4525 
4526 
4527 
4528 
4529 
4530 
4535 
4537 
4538 
4539 
4540 
4541 
4542 
4543 
4544 
4545 
4546 
4547 
4548 
4549 
4550 
4551 
4552 
4553 
4554 
4555 
4556 
4557 
4558 
4559 
4560 
4561 
4562 
4563 
4564 
4565 
4566 
4567 
4568 
4569 
4570 
4571 
4572 
4577 
4578 
4580 
4581 
4582 
4583 
4595 
4596 
4597 
4600 
4603 
4604 
4605 
4607 
4608 
4610 
4611 
4612 
5294 
Statutes at Large 
Date 
Chapter or 
Public Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
1874 
June 
9 
June 
20 
1875 
Feb. 
18 
1877 
Feb. 
27 
1882 
Aug. 
2 
*"6.' 
1884 
June 
26 
July 
5 
260. 
344. 
374. 
433. 
441. 
121. 
221. 
1
0
,
1
1
,
1
2
,
1
3 
1 (only 
the 
part 
amending R.S. 
4250). 
1 (only 
the part 
amending R.S. 
4290, 4409, 
4415, 442(), 
4421, 
4440, 4441, 
4467, 4472, 
4490, 
4513, 
4522, 
4605) 
1 (only 
the 
paragraph amending R.S. 
4429), 
1,2 
1-11, 19, 20, 26.. 
2, 
8(a), (b), (d)... 
64 
128 
320 
251, 
252 
186 
310 
346 
53, 58, 59 
118 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. 601 
Statutes at Large—Continued 
Date 
1885 
Feb. 11 
1886 
June 
19 
July 
9 
1888 
Apr. 
4 
Oct. 18 
1889 
Mar. 
2 
1890 
June 
25 
Aug. 19 
Sept. 
4 
Dec. 
22 
1891 
Feb. 
21 
Mar. 
3 
1892 
Apr. 11 
1894 
Jan. 
22 
1895 
Feb. 
18 
Feb. 
28 
Mar. 
2 
1896 
May 
28 
1897 
Mar. 
3 
1898 
Mar. 
23 
Dec. 
21 
Do 
1900 
Feb. 
14 
Mar. 
23 
1901 
Feb. 
20 
Feb. 
23 
1902 
Feb. 
15 
1904 
Apr. 11 
Apr. 13 
Apr. 
26 
1905 
Feb. 18 
Mar. 
3 
Do 
Do 
Do 
Chapter 
or 
Public 
Law 
55 
421 
755 
61 
1197 
418 
616 
801 
875 
26 
250 
521 
41 
16 
97 
139 
186 
255 
389 
86 
28 
29 
19 
90 
386 
465 
23 
1140 
1252 
1603 
.
5
8
6 
1453 
1454 
1456 
1457 
Section 
1
, 
2, 
3, 13, 14, 
18 
2 
(
o
n
l
y 
the 
l
a
s
t 
paragraph 
of 
t
h
i
s 
chapter) 
1, 
2, 
4, 
6-8,14,19 
1
-
4 
1,2 
2-8 
Statutes 
at 
Large 
Vol-
ume 
23 
24 
24 
25 
25 
25 
26 
26 
26 
26 
26 
26 
27 
28 
28 
28 
28 
29 
29 
30 
30 
30 
31 
31 
31 
31 
32 
33 
33 
33 
33 
33 
33 
33 
33 
Page 
298 
79, 82, 
83 
1
2
9 
80 
5
6
4 
1012 
1
8
0 
320 
425 
692 
7
6
5 
833 
1
6 
28 
667 
690 
8
4
3 
1
8
8 
687, 689, 
690, 
691 
340 
755 
764 
29 
50 
7
9
9 
800 
34 
1
6
8 
1
7
4 
308 
720 
1022 
1023 
1027 
1029 
97 STAT. 602 
PUBLIC LAW 98-89—AUG. 26, 1983 
Statutes at Large—Continued 
Date 
1906 
Mar. 17 
Apr. 26 
May 16 
May 28 
June 11 
June 28 
1907 
Jan. 25 
Feb. 8 
Feb. 19 
1908 
Apr. 2 
May 28 
1909 
Mar. 2 
1910 
June 25 
1911 
Mar. 4 
1912 
May 22 
July 23 
Aug. 1 
1913 
Jan. 24 
Mar. 3 
1914 
July 17 
Aug. 18 
Oct. 22 
Do 
1915 
Mar. 3 
Do 
1916 
June 12 
1917 
Feb. 14 
1918 
Mar. 29 
May 11 
June 10 
Chapter or 
Public Law 
955 
1875 
2460 
2565 
3071 
3583 
398 
892 
991 
2929 
123 
212 
244 
321 
402 
237 
130 
250 
268 
10 
118 
142 
146 
256 
334 
336 
79 
153 
184 
141 
63 
30 
72 
Section 
4 
2, 3, 4,10, 12,13 
254-267 
2 
1 
1-15,19 
Statutes at Large 
Vol-
ume 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
35 
35 
35 
35 
36 
36 
37 
37 
37 
37 
37 
37 
38 
38 
38 
38 
38 
38 
38 
39 
39 
40 
40 
40 
Page 
68 
137 
193 
204 
230 
551 
864 
881 
897 
1411 
55 
425, 428 
686 
1140 
831 
1229 (only 
the first 
complete 
parf^aph 
on this 
page) 
116 
199 
242 
650 
732 
785 (only the 
proviso in 
the fourth 
paragraph 
on this 
page) 
511 
698 
765 
766 
893 
1164,1185 
1216 
224 
918 
499 
548 
602 
PUBLIC LAW 98-89—AUG. 26, 1983 
97 STAT. (503 
Statutes at Large—C!ontinued 
Date 
Chapter or 
Public Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
1919 
Oct. 25 
1920 
June 5 
1922 
June 1 
1923 
Jan. 3 
1925 
Mar. 2 
1928 
May 28 
1930 
May 7 
1932 
June 30 
1933 
June 13 
1934 
Mar. 5 
1936 
May 27 
June 20 
June 23 
June 25 
June 29 
1937 
Mar. 24 
May 22 
July 29 
1938 
May 9 
May 11 
June 23 
June 25 
1939 
Mar. 29 
May 31 
July 17 
Aug. 1 
Aug. 7 
Aug. 10 
82... 
250. 
204. 
21. 
387. 
824. 
227. 
314. 
61... 
40. 
463. 
628. 
729. 
816. 
858. 
49... 
237. 
536. 
189. 
194. 
597. 
679. 
26... 
158. 
316. 
409. 
558. 
643. 
25, 26, 31, 32. 
T.L (in part).. 
T.L(inpart). 
(only clause (2), amending R.S. 4578).. 
501, 502(b) 
302,1307(c), (dX2), (3), 1308(e) „.. 
19(a). 
42 
305 
998, 1006 
603 (only the 
words after 
the 
semicolon 
in the 
second 
paragraph 
on this 
page) 
1072 (only 
the proviso 
in the first 
paragraph 
on this 
page) 
1093 
789 
261 
415 
125 
395 
1380 
1544 
1889 
1930 
1992 
49 
199 
544 
343 
345 
944 
1087 
554 
794 
1049 
1145 
1257 
1343 
97 STAT. 604 
Date 
1940 
Apr. 25 
Oct. 9 
Oct. 17 
1941 
Sept. 24 
Do 
1946 
Aug. 7 
1948 
May 12 
1950 
Sept. 23 
Sept. 29 
1951 
Jan. 10 
1952 
July 16 
1954 
July 15 
Aug. 30 
Aug. 31 
1955 
June 8 
1956 
May 10 
June 4 
1958 
Aug. 23 
Sept. 2 
1959 
Sept. 
9 
Sept. 
14 
Sept. 
22 
1960 
June 
30 
Sept. 
2 
1961 
Aug. 
30 
1963 
Sept. 
23 
1965 
July 
30 
1966 
Oct. 15 
Nov. 
6 
1968 
Apr. 
25 
July 
11 
July 
27 
PUBLIC LAW 98-89—AUG. 26, 1983 
Statutes at Large—Continued 
Chapter or 
Public Law 
155. 
777. 
896. 
416. 
417. 
783. 
286. 
1002. 
1109. 
1222. 
887... 
512... 
1076. 
1171. 
133. 
258. 
350. 
85-739. 
85-911. 
86-244. 
86-263. 
86-364. 
86-555. 
86-688. 
87-177. 
88-128. 
89-99... 
89-670. 
89-777. 
90-293. 
90-397. 
90-435. 
Section 
1(29). 
2,5. 
6(eK4). 
1,4 
1, 3, 4., 
Statutes at Large 
Vol-
ume 
69 
Page 
163 
1023 
1200 
729 
730 
883 
232 
980 
1081 
1239 
730 
484 
968 
1047 
70 
70 
72 
72 
73 
73 
73 
74 
74 
75 
77 
7
9 
80 
80 
82 
82 
82 
151 
223 
833 
1754 
475 
551 
646 
259 
735 
410 
1
6
4 
424 
939 
1356, 1358 
107 
341 
449 
Date 
1969 
Dec. 24 
1970 
Oct. 27 
Dec. 31 
1971 
Aug. 10 
1972 
July 7 
July 10 
1973 
July 9 
Aug. 16 
Nov. 16 
1974 
Aug. 10 
Oct. 1 
1975 
Jan. 3 
Aug. 9 
1976 
Sept. 10 
Oct. 17 
Oct. 18 
1977 
Julyl 
1978 
June 30 
1980 
Oct. 6 
Oct. 14 
Dec. 12 
1982 
Oct. 15 
PUBLIC LAW 98-89—AUG. 26, 1983 
Statutes at Large—Continued 
97 STAT. 605 
Chapter or 
Public Law 
91-154. 
91-513. 
91-612. 
92-75. 
92-339. 
92-340. 
93-65... 
93-106. 
93-153. 
93-370. 
93-430. 
93-633. 
94-85... 
94-406. 
94-535. 
94-550. 
95-61... 
95-308. 
96-378. 
96-451. 
96-594. 
97-322. 
Section 
1102(q). 
3 
1 
201, 
401. 
6(2H4) 
113(a), (f). 
8(aXlH3)., 
7(b). 
7 
202 
101-125. 
208(a). 
Statutes at Large 
Vol-
ume 
83 
85 
96 
Page 
427 
1293 
1835 
213 
86 
86 
87 
87 
87 
00 00 
00 00 
88 
89 
90 
90 
90 
91 
92 
94 
94 
94 
423 
427 
151 
350 
589 
423 
1182 
2161, 
2163 
426 
1236 
2496 
2535 
260 
359 
1513 
1987 
3453 
1590 
Approved August 26, 1983. 
LEGISLATIVE HISTORY—S. 46: 
HOUSE REPORT No. 98-338 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORT No. 98-56 (Ctomm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 129 (1983): 
Apr. 28, considered and passed Senate. 
Aug. 1, considered and passed House, amended. 
Aug. 3, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 35 (1983): 
Aug. 27, Presidential statement.