Title 46 — Shipping
Part E · Chapter 73 — Merchant Mariners’ Documents
§ 7312. Scale of employment
Statutory text
Individuals qualified as able seamen—unlimited under section 7307 of this title may constitute all of the able seamen required on a vessel.
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 as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title or on a vessel operating on the Great Lakes and the Saint Lawrence River as far east as Sept Iles. Individuals qualified as able seamen—limited may constitute not more than 50 percent of the number of able seamen required on board other vessels.
Individuals qualified as able seamen—special under section 7309 of this title may constitute—
all of the able seamen required on a vessel of not more than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title or on a seagoing barge or towing vessel; and
not more than 50 percent of the number of able seamen required on board other vessels.
Individuals qualified as able seamen—offshore. supply vessel under section 7310 of this title may constitute all of the able seamen required on board a vessel of less than 500 gross tons as measured under section 14502 of this title or 6,000 gross tons as measured under section 14302 of this title engaged in support of exploration, exploitation, or production of offshore mineral or energy resources. Individuals qualified as able seamen—limited under section 7308 of this title may constitute all of the able seamen required on board a vessel of at least 500 gross tons as measured under section 14502 of this title or 6,000 gross tons as measured under section as measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title engaged in support of exploration, exploitation, or production of offshore mineral or energy resources.
When the service of able seamen—limited or able seamen—special is authorized for only a part of the required number of able seamen on board a vessel, the combined percentage of those individuals so qualified may not be greater than 50 percent of the required number.
Individuals qualified as able seamen—fishing industry under section 7311a of this title may constitute—
all of the able seamen required on a fish processing vessel entered into service before , and of more than 1,600 gross tons but not more than 5,000 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title; and
all of the able seamen required on a fish processing vessel entered into service after , and having more than 16 individuals on board primarily employed in the preparation of fish or fish products but of not more than 5,000 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 98–89 · 97 Stat. 500
Enacted · 46 U.S.C. § 7312
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543
Source evidence
Code source credit
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543Commercial Fishing Industry Vessel Act
Pub. L. 98–364 title IV § 402(9)(E) · 98 Stat. 440
Added · 46 U.S.C. § 7312(f)
Pub. L. 98–364 added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 98–364 added subsec. (f).Enacted provision · exact public law section
(E) Section 7312 is amended by adding at the end thereof the following: “(f) Individuals qualified as able seamen—fishing industry under Supra. section 7311a of this title may constitute— “(1) all of the able seamen required on a fish processing vessel entered into service before January 1, 1988, and of more than 1,600 gross tons but not more than 5,000 gross tons; and “(2) all of the able seamen required on a fish processing vessel entered into service after December 31, 1987, and having more than 16 individuals on board primarily employed in the preparation of fish or fish products but of not more than 5,000 gross tons.”.Pub. L. 99–307 § 1(11) · 100 Stat. 444
Substituted · 46 U.S.C. § 7312(e)
Pub. L. 99–307 substituted “able seamen—limited” for “able seaman—limited”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 99–307 substituted “able seamen—limited” for “able seaman—limited”.Enacted provision · exact public law section
(1) In section 2101(14)(C), strike “Material” and substitute “Materials”.Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 723(1) · 110 Stat. 3901
Inserted · 46 U.S.C. § 7312(b)
Pub. L. 104–324, § 723(1), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “1,600 gross tons”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 104–324, § 723(1), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “1,600 gross tons”.Enacted provision · exact public law section
(1) in subsection (b), by inserting after “1,600 gross tons” the following: “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title”;Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 723(2) · 110 Stat. 3901
Inserted · 46 U.S.C. § 7312(c)(1)
Pub. L. 104–324, § 723(2), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “500 gross tons”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 104–324, § 723(2), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “500 gross tons”.Enacted provision · exact public law section
(2) in subsection (c)(1), by inserting after “500 gross tons” the following: “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title”;Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 723(3) · 110 Stat. 3901
Inserted · 46 U.S.C. § 7312(d)
Pub. L. 104–324, § 723(3), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “500 gross tons”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–324, § 723(3), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “500 gross tons”.Enacted provision · exact public law section
(3) in subsection (d), by inserting after “500 gross tons” the following: “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title”;Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 723(4) · 110 Stat. 3901
Inserted · 46 U.S.C. § 7312(f)(1)
Pub. L. 104–324, § 723(4), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “5,000 gross tons”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 104–324, § 723(4), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “5,000 gross tons”.Enacted provision · exact public law section
(4) in subsection (f)(1), by inserting after “5,000 gross tons” the following: “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title”; andCoast Guard Authorization Act of 1996
Pub. L. 104–324 § 723(5) · 110 Stat. 3901
Inserted · 46 U.S.C. § 7312(f)(2)
Pub. L. 104–324, § 723(5), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “5,000 gross tons”
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 104–324, § 723(5), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “5,000 gross tons”.Enacted provision · exact public law section
(5) in subsection (f)(2), by inserting after “5,000 gross tons” the following: “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title”;Maritime Safety Act of 2010
Pub. L. 111–281 title VI § 617(b) · 124 Stat. 2905
Amended · 46 U.S.C. § 7312(d)
Pub. L. 111–281 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “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 as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title engaged in support of exploration, exploitation, or production of offshore mineral or energy resources.”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 111–281 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “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 as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title engaged in support of exploration, exploitation, or production of offshore mineral or energy resources.”Enacted provision · exact public law section
(b) Scale of Employment: Able Seamen.— Section 7312(d) of title 46, United States Code, is amended to read as follows: “(d) Individuals qualified as able seamen—offshore. supply vessel under section 7310 of this title may constitute all of the able seamen required on board a vessel of less than 500 gross tons as measured under section 14502 of this title or 6,000 gross tons as measured under section 14302 of this title engaged in support of exploration, exploitation, or production of offshore mineral or energy resources. Individuals qualified as able seamen—limited under section 7308 of this title may constitute all of the able seamen required on board a vessel of at least 500 gross tons as measured under section 14502 of this title or 6,000 gross tons as measured under section as measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title engaged in support of exploration, exploitation, or production of offshore mineral or energy resources.” .
8 of 9 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | |
|---|---|
| Revised section | Source section (U.S. Code) |
| 7312 | 46:672(f) |
Section 7312(a) provides that able seamen—unlimited may constitute all of the able seamen required on a vessel.
Subsection (b) provides that able seamen—limited may constitute 100 percent of the able seamen required on board vessels of less than 600 gross tons operating on the Great Lakes and 50 percent of the number of able seamen required on the larger vessels.
Subsection (c) provides that able seamen—special may constitute 100 percent of the able seamen required on vessels not more than 500 gross tons, or a seagoing barge or towing vessel. Able seamen—special may only constitute up to 50 percent of the number of able seamen required on other vessels.
Subsection (d) provides that able seamen—offshore supply vessels may constitute 100 percent of the number of able seamen required on vessels of less than 500 gross tons engaged in support of exploration, exploitation, or production of offshore mineral or energy facilities. They may not serve on board other vessels as an able seaman until they have the appropriate required document.
Subsection (e) provides that the total number of able seamen—limited or able seamen—special may not be greater than 50 percent of the required number of able seamen on a vessel.
Editorial Notes
Amendments1984–2010 · 4 rounds
2010
Subsec. (d). Pub. L. 111–281 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “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 as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title engaged in support of exploration, exploitation, or production of offshore mineral or energy resources.”
1996
Subsec. (b). Pub. L. 104–324, § 723(1), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “1,600 gross tons”.
Subsec. (c)(1). Pub. L. 104–324, § 723(2), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “500 gross tons”.
Subsec. (d). Pub. L. 104–324, § 723(3), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “500 gross tons”.
Subsec. (f)(1). Pub. L. 104–324, § 723(4), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “5,000 gross tons”.
Subsec. (f)(2). Pub. L. 104–324, § 723(5), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “5,000 gross tons”.
1986
Subsec. (e). Pub. L. 99–307 substituted “able seamen—limited” for “able seaman—limited”.
1984
Subsec. (f). Pub. L. 98–364 added subsec. (f).