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Title 46 — Shipping

Part F · Chapter 85 — Pilots

§ 8502. Federal pilots required

Statutory text

(a)

Except as provided in subsections (g) and (i) of this section, a coastwise seagoing vessel shall be under the direction and control of a pilot licensed under section 7101 of this title if the vessel is—

(1)

not sailing on register;

(2)

underway;

(3)

not beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured; and

(4)
(A)

propelled by machinery and subject to inspection under part B of this subtitle; or

(B)

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 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 $10,000. The vessel also is liable in rem for the penalty.

(f)

An individual serving as a pilot without having a license required by this section or a regulation prescribed under this section is liable to the Government for a civil penalty of $10,000.

(g)
(1)

The Secretary shall designate by regulation the areas of the approaches to and waters of Prince William Sound, Alaska, if any, on which a vessel subject to this section is not required to be under the direction and control of a pilot licensed under section 7101 of this title.

(2)

In any area of Prince William Sound, Alaska, where a vessel subject to this section is required to be under the direction and control of a pilot licensed under section 7101 of this title, the pilot may not be a member of the crew of that vessel and shall be a pilot licensed by the State of Alaska who is operating under a Federal license, when the vessel is navigating waters between 60°49′ North latitude and the Port of Valdez, Alaska.

(h)

The Secretary shall designate waters on which tankers over 1,600 gross tons subject to this section shall have on the bridge a master or mate licensed to direct and control the vessel under section 7101(c)(1) of this title who is separate and distinct from the pilot required under subsection (a) of this section.

(i)
(1)

Except as provided in paragraph (2), a dredge to which this section would otherwise apply is exempt from the requirements of this section.

(2)

If the Secretary determines, after notice and comment, that the exemption under paragraph (1) creates a hazard to navigational safety in a specified area, the Secretary may require that a dredge exempted by paragraph (1) which is operating in that area shall comply with this section.

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. § 8502

    Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 553

    Source evidence

    Code source credit
    Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 553

  2. Coast Guard Authorization Act of 1984

    Pub. L. 98–557 § 29(f)(1) · 98 Stat. 2860

    Amended · 46 U.S.C. § 8502(a)

    Pub. L. 98–557, § 29(f)(1), amended subsec. (a) generally, which prior to amendment read as follows: “A coastwise seagoing vessel, when not sailing on register and when underway (except on the high seas), shall be under the direction and control of a pilot licensed under section 7101 of this title if the vessel is—

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–557, § 29(f)(1), amended subsec. (a) generally, which prior to amendment read as follows: “A coastwise seagoing vessel, when not sailing on register and when underway (except on the high seas), shall be under the direction 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.”

    Enacted provision · exact public law section
    (1) Section 8502(a) of title 46, United States Code, is amended to read as follows: “(a) Except as provided in subsection (g) of this section, a coastwise seagoing vessel shall be under the direction and control of a pilot 97 Stat. 539. licensed under section 7101 of this title if the vessel is— “(1) not sailing on register; “(2) underway; “(3) not on the high seas; and “(4) (A) propelled by machinery and subject to inspection under Part B of this subtitle; or “(B) subject to inspection under chapter 37 of this title.”.

  3. Coast Guard Authorization Act of 1984

    Pub. L. 98–557 § 29(f)(2) · 98 Stat. 2860

    Added · 46 U.S.C. § 8502(g)

    Pub. L. 98–557, § 29(f)(2), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 98–557, § 29(f)(2), added subsec. (g).

    Enacted provision · exact public law section
    (2) Section 8502 of title 46, United States Code, is amended by adding at the end thereof the following: “(g) The Secretary shall designate by regulation the areas of the approaches to and waters of Prince William Sound, Alaska, on which a vessel subject to this section is not required to be under the direction and control of a pilot licensed under section 7101 of this title.”.

  4. Pub. L. 99–307 § 1(13) · 100 Stat. 444

    Substituted · 46 U.S.C. § 8502(a)(4)(A)

    Pub. L. 99–307 substituted “part” for “Part”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A). Pub. L. 99–307 substituted “part” for “Part”.

    Enacted provision · exact public law section
    (1) In section 2101(14)(C), strike “Material” and substitute “Materials”.

  5. Oil Pollution Act of 1990

    Pub. L. 101–380 § 4302(g) · 104 Stat. 484

    Substituted · 46 U.S.C. § 8502(e); 46 U.S.C. § 8502(f)

    Pub. L. 101–380, § 4302(g), substituted “$10,000” for “$500”

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 101–380, § 4302(g), substituted “$10,000” for “$500”.

    Enacted provision · exact public law section
    (g) Coastwise Pilotage.— Section 8502 of title 46, United States Code, is amended— (1) in subsection (e) by striking “$500.” and inserting “$10,000.”; and (2) in subsection (f) by striking “$500.” and inserting “$10,000.”.

    Effective date note
    Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.

  6. Oil Pollution Act of 1990

    Pub. L. 101–380 § 4116(a) · 104 Stat. 484

    Amended · 46 U.S.C. § 8502(g)

    Pub. L. 101–380, § 4116(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “The Secretary shall designate by regulation the areas of the approaches to and waters of Prince William Sound, Alaska, on which a vessel subject to this section is not required to be under the direction and control of a pilot licensed under section 7101 of this title.”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 101–380, § 4116(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “The Secretary shall designate by regulation the areas of the approaches to and waters of Prince William Sound, Alaska, on which a vessel subject to this section is not required to be under the direction and control of a pilot licensed under section 7101 of this title.”

    Enacted provision · exact public law section
    (a) Pilot Required.— Section 8502(g) of title 46, United States Code, is amended to read as follows: “(g) (1) The Secretary shall designate by regulation the areas of the approaches to and waters of Prince William Sound, Alaska, if any, on which a vessel subject to this section is not required to be under the direction and control of a pilot licensed under section 7101 of this title. “(2) In any area of Prince William Sound, Alaska, where a vessel subject to this section is required to be under the direction and control of a pilot licensed under section 7101 of this title, the pilot may not be a member of the crew of that vessel and shall be a pilot licensed by the State of Alaska who is operating under a Federal license, when the vessel is navigating waters between 60’49’ North latitude and the Port of Valdez, Alaska.”.

    Effective date note
    Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.

  7. Oil Pollution Act of 1990

    Pub. L. 101–380 § 4116(b) · 104 Stat. 484

    Added · 46 U.S.C. § 8502(h)

    Pub. L. 101–380, § 4116(b), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 101–380, § 4116(b), added subsec. (h).

    Enacted provision · exact public law section
    (b) Second Person Required.— Section 8502 of title 46, United States Code, is amended by adding at the end the following: “(h) The Secretary shall designate waters on which tankers over 1,600 gross tons subject to this section shall have on the bridge a master or mate licensed to direct and control the vessel under section 7101(c)(1) of this title who is separate and distinct from the pilot required under subsection (a) of this section.”.

    Effective date note
    Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.

  8. Coast Guard Omnibus Act of 1990

    Pub. L. 101–595 § 307(1) · 104 Stat. 2979

    Substituted · 46 U.S.C. § 8502(a)

    Pub. L. 101–595, § 307(1), substituted “subsections (g) and (i)” for “subsection (g)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–595, § 307(1), substituted “subsections (g) and (i)” for “subsection (g)” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a) by striking “subsection (g)” and inserting in lieu thereof “subsections (g) and (i)”; and

  9. Coast Guard Omnibus Act of 1990

    Pub. L. 101–595 § 307(2) · 104 Stat. 2979

    Added · 46 U.S.C. § 8502(i)

    Pub. L. 101–595, § 307(2), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 101–595, § 307(2), added subsec. (i).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(i) (1) Except as provided in paragraph (2), a dredge to which this section would otherwise apply is exempt from the requirements of this section. “(2) If the Secretary determines, after notice and comment, that the exemption under paragraph (1) creates a hazard to navigational safety in a specified area, the Secretary may require that a dredge exempted by paragraph (1) which is operating in that area shall comply with this section.”.

  10. Coast Guard Authorization Act of 1998

    Pub. L. 105–383 title III § 301(b)(7) · 112 Stat. 3411

    Substituted · 46 U.S.C. § 8502(a)(3)

    Pub. L. 105–383 substituted “not beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured” for “not on the high seas”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 105–383 substituted “not beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured” for “not on the high seas”.

    Enacted provision · exact public law section
    (7) Section 8502(a)(3) of that title is amended by striking “not on the high seas” and inserting: “not beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured”.

9 of 10 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource section (U.S. Code)
850246:21546:36446:391a46:497

Section 8502 sets forth the provisions and requirements for pilots licensed under section 7101. It is an exception provided by law envisioned under section 8501(a).

Subsection (a) applies the requirement for a Federal pilot to coastwise seagoing vessels if propelled by machinery and inspected under part B or if inspected under chapter 37, including a tank barge. The section has been carefully worded to clearly set out those vessels that are required at times to have a Federal pilot.

Subsection (b) prohibits Federal pilot fees from being higher than those required for State pilots. Subsections (c) and (d) prohibit States from imposing impediments to the proper performance of, or levying charges related to, Federal pilotage.

Subsections (e) and (f) prescribe civil penalties for violation of this section.

Editorial Notes

Amendments1984–1998 · 4 rounds

1998

Subsec. (a)(3). Pub. L. 105–383 substituted “not beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured” for “not on the high seas”.

1990

Subsec. (a). Pub. L. 101–595, § 307(1), substituted “subsections (g) and (i)” for “subsection (g)” in introductory provisions.

Subsecs. (e), (f). Pub. L. 101–380, § 4302(g), substituted “$10,000” for “$500”.

Subsec. (g). Pub. L. 101–380, § 4116(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “The Secretary shall designate by regulation the areas of the approaches to and waters of Prince William Sound, Alaska, on which a vessel subject to this section is not required to be under the direction and control of a pilot licensed under section 7101 of this title.”

Subsec. (h). Pub. L. 101–380, § 4116(b), added subsec. (h).

Subsec. (i). Pub. L. 101–595, § 307(2), added subsec. (i).

1986

Subsec. (a)(4)(A). Pub. L. 99–307 substituted “part” for “Part”.

1984

Subsec. (a). Pub. L. 98–557, § 29(f)(1), amended subsec. (a) generally, which prior to amendment read as follows: “A coastwise seagoing vessel, when not sailing on register and when underway (except on the high seas), shall be under the direction 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.”

Subsec. (g). Pub. L. 98–557, § 29(f)(2), added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–380 applicable to incidents occurring after , see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.

Executive Documents

Territorial Sea of United States

For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.

Credits

1983–1998 · 6 acts
  1. 1983Pub. L. 98–89, , 97 Stat. 553
  2. 1984Pub. L. 98–557, § 29(f)(1), (2), , 98 Stat. 2874
  3. 1986Pub. L. 99–307, § 1(13), , 100 Stat. 446
  4. 1990Pub. L. 101–380, title IV, §§ 4116(a), (b), 4302(g), , 104 Stat. 522, 539
  5. 1990Pub. L. 101–595, title III, § 307, , 104 Stat. 2985
  6. 1998Pub. L. 105–383, title III, § 301(b)(7), , 112 Stat. 3417.
Show as published

(Pub. L. 98–89, , 97 Stat. 553; Pub. L. 98–557, § 29(f)(1), (2), , 98 Stat. 2874; Pub. L. 99–307, § 1(13), , 100 Stat. 446; Pub. L. 101–380, title IV, §§ 4116(a), (b), 4302(g), , 104 Stat. 522, 539; Pub. L. 101–595, title III, § 307, , 104 Stat. 2985; Pub. L. 105–383, title III, § 301(b)(7), , 112 Stat. 3417.)

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