US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Chapter 85: Pilots

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

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-CITE-

46 USC CHAPTER 85 - PILOTS 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 85 - PILOTS

-HEAD-

CHAPTER 85 - PILOTS

-MISC1-

Sec.

8501. State regulation of pilots.

8502. Federal pilots required.

8503. Federal pilots authorized.

HISTORICAL AND REVISION NOTES

Chapter 85 provides for State pilotage to be regulated by the

States and only in conformity with the laws of the States. It

clearly spells out the preeminence of the State's role in

regulating pilots for vessels operating on the bays, rivers,

harbors, and ports of the United States. However, those vessels

that are required to have a Federally licensed pilot, those that

operate on waters outside the territorial sea of the United States,

and those that operate on waters of the Great Lakes are not subject

to State pilotage laws or requirements. In essence this chapter,

with minor changes, confirms the State and Federal relationship

with respect to pilotage that has evolved since the founding of the

Nation.

This chapter permits the continuation of Federal pilotage

requirements for vessels that are not required to obtain compulsory

State pilotage. It confirms the practice of allowing anyone with a

Federal pilotage endorsement for the waters in which the vessel is

operating to be in control of a vessel when engaged in the

coastwide trade. It also confirms the practice of using Federal

pilots that are often organized into groups or working

organizations who offer their expertise and services to vessels

that are not required to obtain compulsory State pilotage.

AMENDMENTS

1984 - Pub. L. 98-557, Sec. 29(f)(3)(B), Oct. 30, 1984, 98 Stat.

2874, added item 8503.

-End-

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46 USC Sec. 8501 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 85 - PILOTS

-HEAD-

Sec. 8501. State regulation of pilots

-STATUTE-

(a) Except as otherwise provided in this subtitle, pilots in the

bays, rivers, harbors, and ports of the United States shall be

regulated only in conformity with the laws of the States.

(b) The master of a vessel entering or leaving a port on waters

that are a boundary between 2 States, and that is required to have

a pilot under this section, may employ a pilot licensed or

authorized by the laws of either of the 2 States.

(c) A State may not adopt a regulation or provision that

discriminates in the rate of pilotage or half-pilotage between

vessels sailing between the ports of one State and vessels sailing

between the ports of different States, or against vessels because

of their means of propulsion, or against public vessels of the

United States.

(d) A State may not adopt a regulation or provision that requires

a coastwise vessel to take a pilot licensed or authorized by the

laws of a State if the vessel -

(1) is propelled by machinery and subject to inspection under

part B of this subtitle; or

(2) is subject to inspection under chapter 37 of this title.

(e) Any regulation or provision violating this section is void.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 553; Pub. L. 98-557, Sec.

29(e), Oct. 30, 1984, 98 Stat. 2874.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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8501(a) 46:211

8501(b) 46:212

8501(c), (e) 46:213

8501(d) 46:215

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Section 8501 establishes the general proposition that the States

regulate pilots in the bays, rivers, harbors, and ports of the

United States, unless otherwise specifically provided by law.

Subsection (a) states this general proposition and uses the word

"only" for emphasis on this point. Further, except as specifically

provided in law, the Committee intends that this chapter not be

construed to annul or affect any regulation established by the laws

of a State requiring a vessel entering or leaving a port in that

State to employ a pilot licensed or authorized by the laws of that

State. In at least two places in current law, this general

proposition is stated in both a positive and negative manner. The

Committee intends to consolidate those separate statements into one

provision to avoid ambiguity and redundancy.

Subsections (b) and (c) contain provisions regarding pilotage in

waters between two States.

Subsection (d) prohibits a State from requiring a State licensed

pilot on certain coastwise vessels.

Subsection (e) voids any regulation or provision violating this

section.

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-557 substituted "subtitle" for

"part".

-End-

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46 USC Sec. 8502 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 85 - PILOTS

-HEAD-

Sec. 8502. Federal pilots required

-STATUTE-

(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&#186;<!-- degrees -->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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 553; Pub. L. 98-557, Sec.

29(f)(1), (2), Oct. 30, 1984, 98 Stat. 2874; Pub. L. 99-307, Sec.

1(13), May 19, 1986, 100 Stat. 446; Pub. L. 101-380, title IV,

Secs. 4116(a), (b), 4302(g), Aug. 18, 1990, 104 Stat. 522, 539;

Pub. L. 101-595, title III, Sec. 307, Nov. 16, 1990, 104 Stat.

2985; Pub. L. 105-383, title III, Sec. 301(b)(7), Nov. 13, 1998,

112 Stat. 3417.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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8502 46:215

46:364

46:391a

46:497

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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.

AMENDMENTS

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, Sec. 307(1), substituted

"subsections (g) and (i)" for "subsection (g)" in introductory

provisions.

Subsecs. (e), (f). Pub. L. 101-380, Sec. 4302(g), substituted

"$10,000" for "$500".

Subsec. (g). Pub. L. 101-380, Sec. 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, Sec. 4116(b), added subsec. (h).

Subsec. (i). Pub. L. 101-595, Sec. 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, Sec. 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, Sec. 29(f)(2), added subsec. (g).

EFFECTIVE DATE OF 1990 AMENDMENT

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.

-EXEC-

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.

-End-

-CITE-

46 USC Sec. 8503 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 85 - PILOTS

-HEAD-

Sec. 8503. Federal pilots authorized

-STATUTE-

(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 -

(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.

(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 commits a class D felony.

-SOURCE-

(Added Pub. L. 98-557, Sec. 29(f)(3)(A), Oct. 30, 1984, 98 Stat.

2874; amended Pub. L. 101-380, title IV, Sec. 4302(h), Aug. 18,

1990, 104 Stat. 539; Pub. L. 105-383, title III, Sec. 301(b)(8),

Nov. 13, 1998, 112 Stat. 3417.)

-MISC1-

AMENDMENTS

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".

EFFECTIVE DATE OF 1990 AMENDMENT

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.

-EXEC-

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.

-End-