Title 46 — Shipping
Part F · Chapter 85 — Pilots
§ 8503. Federal pilots authorized
Statutory text
The Secretary may require a pilot licensed under section 7101 of this title on a self-propelled vessel when a pilot is not required by State law and the vessel is—
engaged in foreign commerce; and
operating—
in internal waters of the United States; or
within 3 nautical miles from the baselines from which the territorial sea of the United States is measured.
A requirement prescribed under subsection (a) of this section is terminated when the State having jurisdiction over the area involved—
establishes a requirement for a State licensed pilot; and
notifies the Secretary of that fact.
For the Saint Lawrence Seaway, the Secretary may not delegate the authority under this section to an agency except the Great Lakes St. Lawrence Seaway Development Corporation.
A person violating this section or a regulation prescribed under this section 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. The vessel also is liable in rem for the penalty.
A person that knowingly violates this section or a regulation prescribed under this section commits a class D felony.
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.
Coast Guard Authorization Act of 1984
Pub. L. 98–557 § 29(f)(3)(A) · 98 Stat. 2860
Enacted · 46 U.S.C. § 8503
Added Pub. L. 98–557, § 29(f)(3)(A), Oct. 30, 1984, 98 Stat. 2874
Source evidence
Code source credit
Added Pub. L. 98–557, § 29(f)(3)(A), Oct. 30, 1984, 98 Stat. 2874Enacted provision · exact public law section
(A) Chapter 85 of title 46, United States Code, is amended by adding at the end thereof the following: “§ 8503. Federal pilots authorized “(a) The Secretary may require a pilot licensed under section 7101 of this title on a self-propelled vessel when a pilot is not required by State law and the vessel is— “(1) engaged in foreign commerce; and “(2) operating on the navigable waters of the United States. “(b) A requirement prescribed under subsection (a) of this section is terminated when the State having jurisdiction over the area involved— “(1) establishes a requirement for a State licensed pilot; and “(2) notifies the Secretary of that fact. “(c) For the Saint Lawrence Seaway, the Secretary may not delegate the authority under this section to an agency except the Saint Lawrence Seaway Development Corporation. “(d) A person violating this section or a regulation prescribed under this section 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. The vessel also is liable in rem for the penalty. “(e) A person that knowingly violates this section or a regulation prescribed under this section shall be fined not more than $50,000, imprisoned for not more than five years, or both.”.Oil Pollution Act of 1990
Pub. L. 101–380 title IV § 4302(h) · 104 Stat. 484
Substituted · 46 U.S.C. § 8503(e)
Pub. L. 101–380 substituted “commits a class D felony” for “shall be fined not more than $50,000, imprisoned for not more than five years, or both”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 101–380 substituted “commits a class D felony” for “shall be fined not more than $50,000, imprisoned for not more than five years, or both”.Enacted provision · exact public law section
(h) Foreign Commerce Pilotage.— Section 8503(e) of title 46, United States Code, is amended by striking “shall be fined not more than $50,000, imprisoned for not more than five years, or both.” and inserting “commits a class D felony.”.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.Coast Guard Authorization Act of 1998
Pub. L. 105–383 title III § 301(b)(8) · 112 Stat. 3411
Added · 46 U.S.C. § 8503(a)(2)
Pub. L. 105–383 added par. (2)
Struck · 46 U.S.C. § 8503(a)(2)
Pub. L. 105–383 struck out former par. (2) which read as follows: “operating on the navigable waters of the United States.”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 105–383 added par. (2) and struck out former par. (2) which read as follows: “operating on the navigable waters of the United States.”Enacted provision · exact public law section
(8) Section 8503(a)(2) of that title is amended by striking paragraph (2) and inserting the following: “(2) operating— “(A) in internal waters of the United States; or “(B) within 3 nautical miles from the baselines from which the territorial sea of the United States is measured.”.Commerce, Justice, Science, and Related Agencies Appropriations Act, 2021
Pub. L. 116–260 div. AA title V § 512(c)(6)(C) · 134 Stat. 1182
Substituted · 46 U.S.C. § 8503(c)
Pub. L. 116–260 substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 116–260 substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation”.Enacted provision · exact public law section
Sec. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.
5 of 5 references resolved to an enrolled provision
Editorial Notes
Amendments1990–2020 · 3 rounds
2020
Subsec. (c). Pub. L. 116–260 substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation”.
1998
Subsec. (a)(2). Pub. L. 105–383 added par. (2) and struck out former par. (2) which read as follows: “operating on the navigable waters of the United States.”
1990
Subsec. (e). Pub. L. 101–380 substituted “commits a class D felony” for “shall be fined not more than $50,000, imprisoned for not more than five years, or both”.
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
1984–2020 · 4 acts
- 1984Added Pub. L. 98–557, § 29(f)(3)(A), , 98 Stat. 2874
- 1990amended Pub. L. 101–380, title IV, § 4302(h), , 104 Stat. 539
- 1998Pub. L. 105–383, title III, § 301(b)(8), , 112 Stat. 3417
- 2020Pub. L. 116–260, div. AA, title V, § 512(c)(6)(C), , 134 Stat. 2757.
Show as published
(Added Pub. L. 98–557, § 29(f)(3)(A), , 98 Stat. 2874; amended Pub. L. 101–380, title IV, § 4302(h), , 104 Stat. 539; Pub. L. 105–383, title III, § 301(b)(8), , 112 Stat. 3417; Pub. L. 116–260, div. AA, title V, § 512(c)(6)(C), , 134 Stat. 2757.)