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Title 46 — Shipping

Part F · Chapter 87 — Unlicensed Personnel

§ 8702. Certain crew requirements

Statutory text

(a)

This section applies to a vessel of at least 100 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 except—

(1)

a vessel operating only on rivers and lakes (except the Great Lakes);

(2)

a barge (except a seagoing barge or a barge to which chapter 37 of this title applies);

(3)

a fishing, fish tender, or whaling vessel (except a fish tender vessel engaged in the Aleutian trade) or a yacht;

(4)

a sailing school vessel with respect to sailing school instructors and sailing school students;

(5)

an oceanographic research vessel with respect to scientific personnel;

(6)

a fish processing vessel entered into service before , and not more 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 entered into service after , and having not more than 16 individuals on board primarily employed in the preparation of fish or fish products; and

(7)

a fish processing vessel (except a vessel to which clause (6) of this subsection applies) with respect to individuals on board primarily employed in the preparation of fish or fish products or in a support position not related to navigation.

(b)

A vessel may operate only if at least—

(1)

75 percent of the crew in each department on board is able to understand any order spoken by the officers, and

(2)

65 percent of the deck crew (excluding licensed individuals) have merchant mariners’ documents endorsed for a rating of at least able seaman, except that this percentage may be reduced to 50 percent—

(i)

on a vessel permitted under section 8104 of this title to maintain a 2-watch system; or

(ii)

on a fish tender vessel engaged in the Aleutian trade.

(c)

An able seaman is not required on a towing vessel operating on bays and sounds connected directly with the seas.

(d)

An individual having a rating of less than able seaman may not be permitted at the wheel in ports, harbors, and other waters subject to congested vessel traffic, or under conditions of reduced visibility, adverse weather, or other hazardous circumstances.

(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.

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. § 8702

    Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 554

    Source evidence

    Code source credit
    Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 554

  2. Commercial Fishing Industry Vessel Act

    Pub. L. 98–364 § 402(12)(B)(i) · 98 Stat. 440

    Substituted · 46 U.S.C. § 8702(a)(3)

    Pub. L. 98–364, § 402(12)(B)(i), substituted “fishing, fish tender, or whaling” for “fishing or whaling”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 98–364, § 402(12)(B)(i), substituted “fishing, fish tender, or whaling” for “fishing or whaling”.

    Enacted provision · exact public law section
    (i) striking “fishing or whaling” and inserting in lieu thereof “fishing, fish tender, or whaling”;

  3. Commercial Fishing Industry Vessel Act

    Pub. L. 98–364 § 402(12)(B)(ii) · 98 Stat. 440

    Added · 46 U.S.C. § 8702(a)(6); 46 U.S.C. § 8702(a)(7)

    Pub. L. 98–364, § 402(12)(B)(ii)– (iv), added pars. (6) and (7)

    Source evidence

    Code amendment note
    Subsec. (a)(6), (7). Pub. L. 98–364, § 402(12)(B)(ii)– (iv), added pars. (6) and (7).

    Enacted provision · exact public law section
    (ii) striking “and” after the semicolon at the end of clause (4);

  4. Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987

    Pub. L. 100–239 § 5(e) · 101 Stat. 1778

    Substituted · 46 U.S.C. § 8702(b)

    Pub. L. 100–239 substituted “operate” for “depart from a port of the United States”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–239 substituted “operate” for “depart from a port of the United States”.

    Enacted provision · exact public law section
    (e) Section 8702(b) of title 46, United States Code, is amended by striking “depart from a port of the United States” and substituting “operate”.

  5. Oil Pollution Act of 1990

    Pub. L. 101–380 title IV § 4302(i) · 104 Stat. 484

    Substituted · 46 U.S.C. § 8702(e)

    Pub. L. 101–380 substituted “$10,000” for “$500”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 101–380 substituted “$10,000” for “$500”.

    Enacted provision · exact public law section
    (i) Crew Requirements.— Section 8702(e) of title 46, United States Code, is amended by striking “$500.” and inserting “$10,000.”.

    Effective date note
    Amendment by section 602(e)(2)(A) of Pub. L. 101–595 effective Nov. 16, 1990, and requirements imposed by subsec. (b)(2), as amended by section 602(e)(2)(B) of Pub. L. 101–595, effective 1 year after Nov. 16, 1990, see section 602(f) of Pub. L. 101–595, set out as a note under section 4502 of this title. 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. Aleutian Trade Act of 1990

    Pub. L. 101–595 § 602(e)(2)(A) · 104 Stat. 2979

    Substituted · 46 U.S.C. § 8702(a)(3)

    Pub. L. 101–595, § 602(e)(2)(A), substituted “vessel (except a fish tender vessel engaged in the Aleutian trade)” for “vessel”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 101–595, § 602(e)(2)(A), substituted “vessel (except a fish tender vessel engaged in the Aleutian trade)” for “vessel”.

    Enacted provision · exact public law section
    (A) in subsection (a)(3) by striking “vessel” and substituting “vessel (except a fish tender vessel engaged in the Aleutian trade)”;

    Effective date note
    Amendment by section 602(e)(2)(A) of Pub. L. 101–595 effective Nov. 16, 1990, and requirements imposed by subsec. (b)(2), as amended by section 602(e)(2)(B) of Pub. L. 101–595, effective 1 year after Nov. 16, 1990, see section 602(f) of Pub. L. 101–595, set out as a note under section 4502 of this title. 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. Aleutian Trade Act of 1990

    Pub. L. 101–595 § 602(e)(2)(B) · 104 Stat. 2979

    Inserted · 46 U.S.C. § 8702(b)(2)

    Pub. L. 101–595, § 602(e)(2)(B), inserted provisions authorizing reduction to 50 percent of the deck crew in the case of a fish tender vessel engaged in the Aleutian trade

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 101–595, § 602(e)(2)(B), inserted provisions authorizing reduction to 50 percent of the deck crew in the case of a fish tender vessel engaged in the Aleutian trade.

    Enacted provision · exact public law section
    (B) in subsection (b)(2) by— (i) striking “50 percent on a vessel permitted under section 8104 of this title to maintain a 2-watch system.”; and (ii) substituting the following: “50 percent— “(i) on a vessel permitted under section 8104 of this title to maintain a 2-watch system; or “(ii) on a fish tender vessel engaged in the Aleutian trade.”.

    Effective date note
    Amendment by section 602(e)(2)(A) of Pub. L. 101–595 effective Nov. 16, 1990, and requirements imposed by subsec. (b)(2), as amended by section 602(e)(2)(B) of Pub. L. 101–595, effective 1 year after Nov. 16, 1990, see section 602(f) of Pub. L. 101–595, set out as a note under section 4502 of this title. 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 Authorization Act of 1996

    Pub. L. 104–324 § 732(1) · 110 Stat. 3901

    Inserted · 46 U.S.C. § 8702(a)

    Pub. L. 104–324, § 732(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 “100 gross tons” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–324, § 732(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 “100 gross tons” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a), by inserting after “100 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

  9. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 732(2) · 110 Stat. 3901

    Inserted · 46 U.S.C. § 8702(a)(6)

    Pub. L. 104–324, § 732(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 “1,600 gross tons”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 104–324, § 732(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 “1,600 gross tons”.

    Enacted provision · exact public law section
    SEC. 732. CERTAIN CREW REQUIREMENTS. Section 8702 of title 46, United States Code, is amended— (1) in subsection (a), by inserting after “100 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 (2) in subsection (a)(6), 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”.

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

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource section (U.S. Code)
870246:64346:672

Section 8702 specifies certain crew requirements.

Subsection (a) applies this section to the same vessels to which section 8701 applies.

Subsection (b) requires that 75 percent of the crew in each department on board a vessel understand any order spoken by the officers and that 65 percent of the deck crew be at least able seamen, except for the licensed officers. For 2-watch system vessels under section 8104, the 65-percent deck crew requirement may be reduced to 50 percent.

Subsection (c) exempts certain inland towing vessels from the able seaman requirement.

Subsection (d) prohibits anyone having a rating of less than able seamen from serving as a helmsman in congested vessel traffic or under hazardous conditions.

Subsection (e) prescribes the penalty for violation of this section.

Editorial Notes

Amendments1984–1996 · 4 rounds

1996

Subsec. (a). Pub. L. 104–324, § 732(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 “100 gross tons” in introductory provisions.

Subsec. (a)(6). Pub. L. 104–324, § 732(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 “1,600 gross tons”.

1990

Subsec. (a)(3). Pub. L. 101–595, § 602(e)(2)(A), substituted “vessel (except a fish tender vessel engaged in the Aleutian trade)” for “vessel”.

Subsec. (b)(2). Pub. L. 101–595, § 602(e)(2)(B), inserted provisions authorizing reduction to 50 percent of the deck crew in the case of a fish tender vessel engaged in the Aleutian trade.

Subsec. (e). Pub. L. 101–380 substituted “$10,000” for “$500”.

1988

Subsec. (b). Pub. L. 100–239 substituted “operate” for “depart from a port of the United States”.

1984

Subsec. (a)(3). Pub. L. 98–364, § 402(12)(B)(i), substituted “fishing, fish tender, or whaling” for “fishing or whaling”.

Subsec. (a)(6), (7). Pub. L. 98–364, § 402(12)(B)(ii)– (iv), added pars. (6) and (7).

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendments

Amendment by section 602(e)(2)(A) of Pub. L. 101–595 effective , and requirements imposed by subsec. (b)(2), as amended by section 602(e)(2)(B) of Pub. L. 101–595, effective 1 year after , see section 602(f) of Pub. L. 101–595, set out as a note under section 4502 of this title.

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.

Exemption of Certain Fish Processing Vessels

Certain fish processing vessels exempt from crew requirements of subsec. (b) of this section, see section 403(b) of Pub. L. 98–364, as amended, set out as a note under section 3302 of this title.

Credits

1983–1996 · 6 acts
  1. 1983Pub. L. 98–89, , 97 Stat. 554
  2. 1984Pub. L. 98–364, title IV, § 402(12)(B), , 98 Stat. 449
  3. 1988Pub. L. 100–239, § 5(e), , 101 Stat. 1781
  4. 1990Pub. L. 101–380, title IV, § 4302(i), , 104 Stat. 539
  5. 1990Pub. L. 101–595, title VI, § 602(e)(2), , 104 Stat. 2992
  6. 1996Pub. L. 104–324, title VII, § 732, , 110 Stat. 3941.
Show as published

(Pub. L. 98–89, , 97 Stat. 554; Pub. L. 98–364, title IV, § 402(12)(B), , 98 Stat. 449; Pub. L. 100–239, § 5(e), , 101 Stat. 1781; Pub. L. 101–380, title IV, § 4302(i), , 104 Stat. 539; Pub. L. 101–595, title VI, § 602(e)(2), , 104 Stat. 2992; Pub. L. 104–324, title VII, § 732, , 110 Stat. 3941.)

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