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Title 46 — Shipping

Part F · Chapter 83 — Masters and Officers

§ 8301. Minimum number of licensed individuals

Statutory text

(a)

Except as provided in chapter 89 of this title and except for a vessel operating only on rivers, harbors, lakes (except the Great Lakes), bays, sounds, bayous, and canals, a vessel subject to inspection under chapter 33 of this title shall engage a minimum of licensed individuals as follows:

(1)

Each of those vessels propelled by machinery or carrying passengers shall have a licensed master.

(2)

A vessel of at least 1,000 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 propelled by machinery shall have 3 licensed mates, except—

(A)

in the case of a vessel other than a mobile offshore drilling unit, if on a voyage of less than 400 miles from port of departure to port of final destination, the vessel shall have 2 licensed mates; and

(B)

in the case of a mobile offshore drilling unit, the vessel shall have licensed individuals as provided by regulations prescribed by the Secretary under section 8101 of this title.

(3)

A vessel of at least 200 gross tons but less than 1,000 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 propelled by machinery shall have 2 licensed mates.

(4)

A vessel of at least 100 gross tons but less than 200 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title 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 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 propelled by machinery shall have a licensed engineer.

(b)
(1)

An offshore supply 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 on a voyage of less than 600 miles shall have a licensed mate. If the vessel is on a voyage of at least 600 miles, however, the vessel shall have 2 licensed mates.

(2)

An offshore supply vessel of at least 6,000 gross tons as measured under section 14302 of this title on a voyage of less than 600 miles shall have at least two licensed mates, provided the offshore supply vessel meets the requirements of section 8104(g)(2). An offshore supply vessel of at least 6,000 gross tons as measured under section 14302 of this title on a voyage of at least 600 miles shall have three licensed mates.

(3)

An offshore supply vessel of more than 200 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title, may not be operated without a licensed engineer.

(c)

Subsection (a) of this section does not apply to a fishing or whaling vessel, a mobile offshore drilling unit when on location, or a yacht.

(d)

The Secretary may—

(1)

suspend any part of this chapter during a national emergency 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.

(e)

The Secretary may prescribe the minimum number of licensed individuals for an oil spill response vessel.

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.

  1. Pub. L. 98–89 · 97 Stat. 500

    Enacted · 46 U.S.C. § 8301

    Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 550

    Source evidence

    Code source credit
    Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 550

  2. Coast Guard Authorization Act of 1984

    Pub. L. 98–557 § 29(c) · 98 Stat. 2860

    1. Inserted · 46 U.S.C. § 8301(a)

      Pub. L. 98–557, § 29(c), in provisions preceding par. (1) inserted exception for the Great Lakes

    2. Substituted · 46 U.S.C. § 8301(a)

      Pub. L. 98–557, § 29(c), in provisions preceding par. (1) substituted provisions relating to inspection under chapter 33 of this title for provisions relating to applicability of part B of this subtitle

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–557, § 29(c), in provisions preceding par. (1) inserted exception for the Great Lakes and substituted provisions relating to inspection under chapter 33 of this title for provisions relating to applicability of part B of this subtitle.

    Enacted provision · exact public law section
    (c) Section 8301(a) of title 46, United States Code, is amended— 97 Stat. 550. (1) by inserting “(except the Great Lakes)” immediately after “lakes”; and (2) by striking “to which part B of this subtitle applies” and inserting in lieu thereof “subject to inspection under chapter 33 of this title”.

  3. Coast Guard Authorization Act of 1984

    Pub. L. 98–557 § 29(d) · 98 Stat. 2860

    Inserted · 46 U.S.C. § 8301(a)(1)

    Pub. L. 98–557, § 29(d), inserted “propelled by machinery or carrying passengers”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 98–557, § 29(d), inserted “propelled by machinery or carrying passengers”.

    Enacted provision · exact public law section
    (d) Section 8301(a)(1) of title 46, United States Code, is amended by inserting “propelled by machinery or carrying passengers” immediately after “vessels”.

  4. Coast Guard Authorization Act of 1986

    Pub. L. 99–640 § 11(d) · 100 Stat. 3545

    Inserted · 46 U.S.C. § 8301(c)

    Pub. L. 99–640 inserted “, a mobile offshore drilling unit when on location,”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–640 inserted “, a mobile offshore drilling unit when on location,”.

    Enacted provision · exact public law section
    (d) Section 8301(c) of title 46, United States Code, is amended by inserting “, a mobile offshore drilling unit when on location,” immediately after “vessel”.

  5. Coast Guard Authorization Act of 1988

    Pub. L. 100–448 § 7 · 102 Stat. 1836

    Amended · 46 U.S.C. § 8301(a)(2)

    Pub. L. 100–448 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 100–448 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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.”

    Enacted provision · exact public law section
    SEC. 7. MANNING REQUIREMENTS FOR MOBILE OFFSHORE DRILLING UNITS. Section 8301(a)(2) of title 46, United States Code, is amended to read as follows: “(2) A vessel of at least 1,000 gross tons and propelled by machinery shall have 3 licensed mates, except— “(A) in the case of a vessel other than a mobile offshore drilling unit, if on a voyage of less than 400 miles from port of departure to port of final destination, the vessel shall have 2 licensed mates; and “(B) in the case of a mobile offshore drilling unit, the vessel shall have licensed individuals as provided by regulations prescribed by the Secretary under section 8101 of this title.”.

  6. Coast Guard Authorization Act of 1993

    Pub. L. 103–206 title III § 322(b) · 107 Stat. 2419

    Added · 46 U.S.C. § 8301(e)

    Pub. L. 103–206 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–206 added subsec. (e).

    Enacted provision · exact public law section
    (b) Section 8301 of title 46, United States Code, is amended by adding a new subsection to read as follows: “(e) A vessel used only to respond to a discharge of oil or a hazardous substance shall have— “(1) two licensed mates when the vessel is engaged in an operation over 12 hours in duration; “(2) one licensed mate when the vessel is engaged in an operation less than 12 hours in duration; and “(3) if the vessel is more than 200 gross tons, a licensed engineer when the vessel is operating.”.

  7. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 729(1) · 110 Stat. 3901

    Inserted · 46 U.S.C. § 8301(a)(2)

    Pub. L. 104–324, § 729(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 “1,000 gross tons”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 104–324, § 729(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 “1,000 gross tons”.

    Enacted provision · exact public law section
    (1) in subsection (a)(2), by inserting after “1,000 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”;

  8. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 729(2) · 110 Stat. 3901

    Inserted · 46 U.S.C. § 8301(a)(3)

    Pub. L. 104–324, § 729(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 “1,000 gross tons”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 104–324, § 729(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 “1,000 gross tons”.

    Enacted provision · exact public law section
    (2) in subsection (a)(3), by inserting after “at least 200 gross tons but less than 1,000 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”;

  9. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 729(3) · 110 Stat. 3901

    Inserted · 46 U.S.C. § 8301(a)(4)

    Pub. L. 104–324, § 729(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 “200 gross tons”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 104–324, § 729(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 “200 gross tons”.

    Enacted provision · exact public law section
    (3) in subsection (a)(4), by inserting after “at least 100 gross tons but less than 200 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”;

  10. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 729(4) · 110 Stat. 3901

    Inserted · 46 U.S.C. § 8301(a)(5)

    Pub. L. 104–324, § 729(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 “300 gross tons”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 104–324, § 729(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 “300 gross tons”.

    Enacted provision · exact public law section
    (4) in subsection (a)(5), by inserting after “300 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”; and

  11. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 729(5) · 110 Stat. 3901

    Inserted · 46 U.S.C. § 8301(b)

    Pub. L. 104–324, § 729(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 “200 gross tons”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–324, § 729(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 “200 gross tons”.

    Enacted provision · exact public law section
    (5) in subsection (b), by inserting after “200 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”.

  12. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 1104(d) · 110 Stat. 3901

    Amended · 46 U.S.C. § 8301(e)

    Pub. L. 104–324, § 1104(d), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “A vessel used only to respond to a discharge of oil or a hazardous substance shall have—

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–324, § 1104(d), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “A vessel used only to respond to a discharge of oil or a hazardous substance shall have—

    “(1) two licensed mates when the vessel is engaged in an operation over 12 hours in duration; “(2) one licensed mate when the vessel is engaged in an operation less than 12 hours in duration; and “(3) if the vessel is more than 200 gross tons, a licensed engineer when the vessel is operating.”

    Enacted provision · exact public law section
    (d) Minimum Number of Licensed Individuals.— Section 8301(e) of title 46, United States Code, is amended to read as follows: “(e) The Secretary may prescribe the minimum number of licensed individuals for an oil spill response vessel”.

  13. Maritime Safety Act of 2010

    Pub. L. 111–281 title VI § 617(c) · 124 Stat. 2905

    Amended · 46 U.S.C. § 8301(b)

    Pub. L. 111–281 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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 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 may not be operated without a licensed engineer.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–281 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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 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 may not be operated without a licensed engineer.”

    Enacted provision · exact public law section
    (c) Minimum Number of Licensed Individuals.— Section 8301(b) of title 46, United States Code, is amended to read as follows: “(b) (1) An offshore supply 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 on a voyage of less than 600 miles shall have a licensed mate. If the vessel is on a voyage of at least 600 miles, however, the vessel shall have 2 licensed mates. “(2) An offshore supply vessel of at least 6,000 gross tons as measured under section 14302 of this title on a voyage of less than 600 miles shall have at least two licensed mates, provided the offshore supply vessel meets the requirements of section 8104(g)(2). An offshore supply vessel of at least 6,000 gross tons as measured under section 14302 of this title on a voyage of at least 600 miles shall have three licensed mates. “(3) An offshore supply vessel of more than 200 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title, may not be operated without a licensed engineer.” .

13 of 14 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource section (U.S. Code)
830146:22346:404–1(8)

Section 8301 prescribes the minimum number of licensed individuals on board certain vessels based on the vessel’s size or propulsion, length of voyage by distance or time, or any combination of these factors.

Subsection (a) applies to certain merchant and passenger carrying vessels of the United States, each of which must have a licensed master regardless of the factors listed above. Subsection (b) applies to offshore supply vessels. Subsection (c) exempts fishing or whaling vessels or yachts from these requirements.

Subsection (d) permits the Secretary to suspend any part of this chapter during a declared national emergency or to increase the number of licensed individuals required by this chapter if required for safe operation of a vessel.

Editorial Notes

Amendments1984–2010 · 6 rounds

2010

Subsec. (b). Pub. L. 111–281 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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 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 may not be operated without a licensed engineer.”

1996

Subsec. (a)(2). Pub. L. 104–324, § 729(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 “1,000 gross tons”.

Subsec. (a)(3). Pub. L. 104–324, § 729(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 “1,000 gross tons”.

Subsec. (a)(4). Pub. L. 104–324, § 729(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 “200 gross tons”.

Subsec. (a)(5). Pub. L. 104–324, § 729(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 “300 gross tons”.

Subsec. (b). Pub. L. 104–324, § 729(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 “200 gross tons”.

Subsec. (e). Pub. L. 104–324, § 1104(d), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “A vessel used only to respond to a discharge of oil or a hazardous substance shall have—

“(1) two licensed mates when the vessel is engaged in an operation over 12 hours in duration;

“(2) one licensed mate when the vessel is engaged in an operation less than 12 hours in duration; and

“(3) if the vessel is more than 200 gross tons, a licensed engineer when the vessel is operating.”

1993

Subsec. (e). Pub. L. 103–206 added subsec. (e).

1988

Subsec. (a)(2). Pub. L. 100–448 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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.”

1986

Subsec. (c). Pub. L. 99–640 inserted “, a mobile offshore drilling unit when on location,”.

1984

Subsec. (a). Pub. L. 98–557, § 29(c), in provisions preceding par. (1) inserted exception for the Great Lakes and substituted provisions relating to inspection under chapter 33 of this title for provisions relating to applicability of part B of this subtitle.

Subsec. (a)(1). Pub. L. 98–557, § 29(d), inserted “propelled by machinery or carrying passengers”.

Credits

1983–2010 · 7 acts
  1. 1983Pub. L. 98–89, , 97 Stat. 550
  2. 1984Pub. L. 98–557, § 29(c), (d), , 98 Stat. 2873, 2874
  3. 1986Pub. L. 99–640, § 11(d), , 100 Stat. 3550
  4. 1988Pub. L. 100–448, § 7, , 102 Stat. 1842
  5. 1993Pub. L. 103–206, title III, § 322(b), , 107 Stat. 2428
  6. 1996Pub. L. 104–324, title VII, § 729, title XI, § 1104(d), , 110 Stat. 3940, 3967
  7. 2010Pub. L. 111–281, title VI, § 617(c), , 124 Stat. 2973.
Show as published

(Pub. L. 98–89, , 97 Stat. 550; Pub. L. 98–557, § 29(c), (d), , 98 Stat. 2873, 2874; Pub. L. 99–640, § 11(d), , 100 Stat. 3550; Pub. L. 100–448, § 7, , 102 Stat. 1842; Pub. L. 103–206, title III, § 322(b), , 107 Stat. 2428; Pub. L. 104–324, title VII, § 729, title XI, § 1104(d), , 110 Stat. 3940, 3967; Pub. L. 111–281, title VI, § 617(c), , 124 Stat. 2973.)

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