US (United States) Code. Title 46. Subtitle II. Part F. Chapter 87: Unlicensed personnel

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Shipping

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-CITE-

46 USC CHAPTER 87 - UNLICENSED PERSONNEL 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 87 - UNLICENSED PERSONNEL

-HEAD-

CHAPTER 87 - UNLICENSED PERSONNEL

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Sec.

8701. Merchant mariners' documents required.

8702. Certain crew requirements.

8703. Tankermen on tank vessels.

8704. Alien deemed to be employed in the United States.

HISTORICAL AND REVISION NOTES

Chapter 87 prescribes certain requirements for unlicensed

personnel on vessels of at least 100 gross tons and on certain tank

vessels.

AMENDMENTS

1988 - Pub. L. 100-239, Sec. 5(f)(2), Jan. 11, 1988, 101 Stat.

1781, added item 8704.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2102 of this title.

-End-

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46 USC Sec. 8701 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 87 - UNLICENSED PERSONNEL

-HEAD-

Sec. 8701. Merchant mariners' documents required

-STATUTE-

(a) This section applies to a merchant 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 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

January 1, 1988, 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 December 31, 1987, and having not more than 16

individuals on board primarily employed in the preparation of

fish or fish products;

(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;

(8) a mobile offshore drilling unit with respect to

individuals, other than crew members required by the certificate

of inspection, engaged on board the unit for the sole purpose of

carrying out the industrial business or function of the unit;

(9) a passenger vessel not engaged in a foreign voyage with

respect to individuals on board employed for a period of not more

than 30 service days within a 12 month period as entertainment

personnel, with no duties, including emergency duties, related to

the navigation of the vessel or the safety of the vessel, its

crew, cargo or passengers; and

(10) the Secretary may prescribe the individuals required to

hold a merchant mariner's document serving onboard an oil spill

response vessel.

(b) A person may not engage or employ an individual, and an

individual may not serve, on board a vessel to which this section

applies if the individual does not have a merchant mariner's

document issued to the individual under section 7302 of this title.

Except for an individual required to be licensed or registered

under this part, the document must authorize service in the

capacity for which the holder of the document is engaged or

employed.

(c) On a vessel to which section 10306 or 10503 of this title

does not apply, an individual required by this section to hold a

merchant mariner's document must exhibit it to the master of the

vessel before the individual may be employed.

(d) A person (including an individual) violating this section is

liable to the United States Government for a civil penalty of $500.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 554; Pub. L. 98-364, title

IV, Sec. 402(12)(A), July 17, 1984, 98 Stat. 449; Pub. L. 99-640,

Sec. 11(c), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 104-324, title

VII, Sec. 731, title XI, Sec. 1104(e), Oct. 19, 1996, 110 Stat.

3940, 3967; Pub. L. 107-295, title III, Sec. 324(b), Nov. 25, 2002,

116 Stat. 2104.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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8701 46:444

46:643

46:643a

46:672

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Section 8701 requires an individual to have a merchant mariner's

document before that individual can be engaged or employed on

certain vessels.

Subsection (a) makes this documentation requirement applicable to

United States merchant vessels of at least 100 gross tons except

for certain inland vessels and barges, fishing or whaling vessels,

yachts, and, in certain circumstances, to sailing school vessels or

oceanographic research vessels.

Subsection (b) prohibits the engagement or employment of an

individual required to have a document prescribed under section

7302 if the individual does not have one. Except for licensed or

registered individuals, the document must specify the capacity in

which the individual is engaged or employed.

Subsection (c) requires an individual to exhibit the required

document to the master, if not otherwise required to do so in some

other manner before that individual may be employed.

Subsection (d) prescribes the penalty for violation of this

section.

AMENDMENTS

2002 - Subsec. (a)(9), (10). Pub. L. 107-295 added par. (9) and

redesignated former par. (9) as (10).

1996 - Subsec. (a). Pub. L. 104-324, Sec. 731(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, Sec. 731(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".

Subsec. (a)(9). Pub. L. 104-324, Sec. 1104(e), added par. (9).

1986 - Subsec. (a)(8). Pub. L. 99-640 added par. (8).

1984 - Subsec. (a)(3). Pub. L. 98-364, Sec. 402(12)(A)(i),

substituted "fishing, fish tender, or whaling" for "fishing or

whaling".

Subsec. (a)(6), (7). Pub. L. 98-364, Sec. 402(12)(A)(ii)- (iv),

added pars. (6) and (7).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10103, 10306, 10503 of

this title.

-End-

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46 USC Sec. 8702 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 87 - UNLICENSED PERSONNEL

-HEAD-

Sec. 8702. Certain crew requirements

-STATUTE-

(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

January 1, 1988, 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 December 31, 1987, 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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 554; Pub. L. 98-364, title

IV, Sec. 402(12)(B), July 17, 1984, 98 Stat. 449; Pub. L. 100-239,

Sec. 5(e), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 101-380, title

IV, Sec. 4302(i), Aug. 18, 1990, 104 Stat. 539; Pub. L. 101-595,

title VI, Sec. 602(e)(2), Nov. 16, 1990, 104 Stat. 2992; Pub. L.

104-324, title VII, Sec. 732, Oct. 19, 1996, 110 Stat. 3941.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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8702 46:643

46:672

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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.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-324, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 402(12)(B)(i),

substituted "fishing, fish tender, or whaling" for "fishing or

whaling".

Subsec. (a)(6), (7). Pub. L. 98-364, Sec. 402(12)(B)(ii)- (iv),

added pars. (6) and (7).

EFFECTIVE DATE OF 1990 AMENDMENTS

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.

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.

-End-

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46 USC Sec. 8703 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 87 - UNLICENSED PERSONNEL

-HEAD-

Sec. 8703. Tankermen on tank vessels

-STATUTE-

(a) A vessel of the United States to which chapter 37 of this

title applies, that has on board oil or hazardous material in bulk

as cargo or cargo residue, shall have a specified number of the

crew certified as tankermen as required by the Secretary. This

requirement shall be noted on the certificate of inspection issued

to the vessel.

[(b) Repealed. Pub. L. 98-557, Sec. 18, Oct. 30, 1984, 98 Stat.

2869.]

(c) A vessel to which section 3702(b) of this title applies shall

have on board as a crewmember in charge of the transfer operation

an individual certified as a tankerman (qualified for the grade of

fuel transferred), unless a master, mate, pilot, engineer, or

operator licensed under section 7101 of this title is present in

charge of the transfer. If the vessel does not have that individual

on board, chapter 37 of this title applies to the vessel.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 98-557, Sec.

18, Oct. 30, 1984, 98 Stat. 2869.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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8703(a) 46:391a(10)(A)

8703(b) 46:391a(10)(C)

8703(c) 46:391a(4)(B)

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Section 8703 sets requirements for tankermen on board vessels

carrying oil or hazardous material in bulk as cargo or cargo

residue.

Subsection (a) requires a specified number of the crew certified

as tankermen on board these vessels and a notation be made to that

effect on the vessel's certificate of inspection. A tankerman is an

individual who is experienced and trained in the procedures for

transferring oil or hazardous material to or from a vessel and is

responsible for carrying out these duties and responsibilities.

Subsection (b) authorizes the Secretary to regulate tankermen and

restrict the types of oil or hazardous materials on the basis of

safety to the vessel and the marine environment.

Subsection (c) requires a tankerman or licensed master, pilot,

engineer, or operator to be present and in charge of a transfer of

oil or hazardous material on certain vessels in the service of oil

exploitation. If this individual is not on board, then the tank

vessel requirements of chapter 37 apply to the vessel.

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-557 repealed subsec. (b) which

contained duplicate tankerman manning requirements. See section

7317(a) of this title.

-End-

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46 USC Sec. 8704 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 87 - UNLICENSED PERSONNEL

-HEAD-

Sec. 8704. Alien deemed to be employed in the United States

-STATUTE-

An alien is deemed to be employed in the United States for

purposes of section 274A of the Immigration and Nationality Act (8

U.S.C. 1324a) if the alien is an unlicensed individual employed on

a fishing, fish processing, or fish tender vessel that -

(1) is a vessel of the United States engaged in the fisheries

in the navigable waters of the United States or the exclusive

economic zone; and

(2) is not engaged in fishing exclusively for highly migratory

species (as that term is defined in section 3 of the

Magnuson-Stevens Fishery Conservation and Management Act (16

U.S.C. 1802).

-SOURCE-

(Added Pub. L. 100-239, Sec. 5(f)(1), Jan. 11, 1988, 101 Stat.

1781; amended Pub. L. 104-208, div. A, title I, Sec. 101(a) [title

II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-MISC1-

AMENDMENTS

1996 - Par. (2). Pub. L. 104-208 substituted "Magnuson-Stevens

Fishery" for "Magnuson Fishery".

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

CONSTRUCTION

Section 5(f)(3) of Pub. L. 100-239 provided that: "With respect

to an alien who is deemed to be employed in the United States under

section 8704 of title 46, United States Code (as amended by this

subsection), the term 'date of the enactment of this section'

[translated as 'November 6, 1986'] as used in section 274A(i) of

the Immigration and Nationality Act [former 8 U.S.C. 1324a(i)]

means the date 180 days after the enactment of this section [Jan.

11, 1988]."

-End-