A bill to amend the Great Lakes Pilotage Act of 1960 in order to relieve the restrictive qualification standards for U.S. registered pilots on the Great Lakes.
PL 95-455 (H.R.12603), enacted 10/13/1978

92 STAT. 1228 
PUBLIC LAW 95-455—OCT. 13, 1978 
Oct. 13, 1978 
[ITR. 12603] 
Great Lakes 
Pilotage Act of 
1960, 
amendment. 
Definitions. 
Registration of 
United States 
pilots. 
46 use 21^b. 
sSoR i u l l DB'LJ 
46 u s e 216e. 
Public Law 95-455 
95th Congress 
An Act 
To amend the Great Lakes Pilotage Act of 1960 in order to relieve the restrictive 
qualification standards for United States registered pilots on the Great Lakes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Great 
Lakes Pilotage Act of 1960 (74 Stat. 259; 46 U.S.C. 216) is hereby 
amended as follows: 
(1) by deleting section 2(b) and inserting in lieu thereof the 
following: 
^ 
"(b) 'Secretary' means the Secretary of Transportation."; 
(2) by deleting section 2(c) and inserting in lieu thereof the 
following: 
"(c) 'United States registered pilot' means a person, other than a 
member of the regular complement of a vessel, who holds a license 
authorizing navigation on the Great Lakes and suitably endorsed for 
pilotage on routes specified therein, issued under the authority of the 
provisions of title 52 of the Revised Statutes, and who is registered by 
the Secretary under the provisions of section 4 of this Act."; 
(3) by deleting in section 2(d) the words "a master's cer-
tificate or equivalent" and inserting in lieu thereof 
"an 
'; appropriate"; 
1-,'ji 
(4) by deleting in section 2(e) the words "head of the Depart-
ment in which the Coast Guard is operating under regulations 
issued by him", and inserting in lieu thereof the word 
"Secretary"; 
(5) by deleting section 4(a) and inserting in lieu thereof the 
following: 
"SEC. 4, (a) The registration of United States pilots shall be car-
ried out by the Secretary under such regulations as to qualifications, 
terms, and conditions which will assure adequate and efficient pilotage 
service, provide for equitable participation of United States registered 
pilots with Canadian registered pilots in the pilotage of vessels to 
which this Act applies, and provide fair and reasonable opportunity 
for registration. Each applicant must, as a prerequisite,, be the holder 
of a license, as a master, mate, or pilot, issued under the authority of 
the provisions of title 52 of the Revised Statutes, and have acquired 
at least twenty-four months licensed service or comparable experience 
on vessels or integrated tugs and tows, of four thousand gross tons or 
over, operating on the (jreat Lakes or oceans. Those applicants qual-
ifying with ocean service must have obtained at least six months of 
licensed service or comparable experience on the Great Lakes. The 
Secretary may require such experience and training, in addition to 
the minimum required by this subsection, as he considers necessary. 
In addition, each applicant shall agree that, if appointed as a United 
States registered pilot, he will be available for service when required 
and shall comply with this Act and all applicable regulations issued 
by the Secretary pursuant to this Act.". 
(6) by deleting in section 7(a) the words "for each violation 
, , for which sum the vessel shall be liable and may be seized and 
proceeded against by way of libel in any district court of the 
Ai .nV ,|.i 
PUBLIC LAW 95-455—OCT. 13, 1978 
92 STAT. 122S> 
46 u s e 216e. 
Violations. 
Penalties. 
United States having jurisdiction thereof." in the first sentence, 
and inserting in lieu thereof "for each violation."; 
(7) by deleting in section 7(a) the last sentence which reads 
"This subsection shall be enforced by the head of the Department 
in which the Coast Guard is operating."; 
(8) by deleting in section 7(D) the last sentence which reads 
"This subsection shall be enforced by the head of the Depart-
ment in which the Coast Guard is operating."; 
i, 
(9) by deleting in section 7(c) the last sentence which reads 
v
. 
"The provisions of this subsection shall be enforced by the Secre-
|, 
tary, who may, upon application therefor, remit or mitigate the 
penalty provided for herein, upon such terms as he, in his dis-
,; 
cretion, shall think proper."; 
(10) by adding a new section 7(d) which reads: 
"(d) Any person who is found by the Secretary, after notice and an 
opportunity for a hearing, to have violated any part of the Act or a 
regulation issued hereunder shall be liable to the United States for the 
penalties as enumerated in this Act. The amount of such civil penalty 
shall be assessed by the Secretary, or his designee, by written notice. 
In determining the amount of such penalty, the Secretary shall take 
into account 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 such 
other matters as justice may require. The Secretary may compiomise, 
modify, or remit, with or without conditions, any civil penalty which 
. 
is subject to imposition or which has been imposed under this section. 
If any person fails to pay an assessment of a civil penalty after it has 
become final, the Secretary may refer the matter to the Attorney 
General of the United States, for collection in any appropriate district 
court of the United States."; 
(11) by adding a new section 7(e) which reads: 
" (e) Any vessel subject to the provisions of this Act, which is used 
in violation of this Act or any regulation issued hereunder, shall be 
liable in rem for any civil penalty assessed pursuant to this Act and 
may be proceeded against in the United States district court for any 
district in*which such vessel may be found."; 
(12) by deleting in section 8(a) the words 'Svith the concur- 46 USC 216f. 
rence of the head of the Department in which the Coast Guard 
is operating, or his designee,". 
Approved October 13, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1526 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Sept. 25, considered and passed House. 
Sept. 28, considered and passed Senate.