US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Part F. Chapter 93: Great Lakes Pilotage

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-CITE-

46 USC CHAPTER 93 - GREAT LAKES PILOTAGE 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-

CHAPTER 93 - GREAT LAKES PILOTAGE

-MISC1-

Sec.

9301. Definitions.

9302. Great Lakes pilots required.

9303. United States registered pilot service.

9304. Pilotage pools.

9305. Agreements with Canada.

9306. State regulation prohibited.

9307. Great Lakes Pilotage Advisory Committee.

9308. Penalties.

HISTORICAL AND REVISION NOTES

Chapter 93 contains the pilotage requirements for United States

vessels sailing under register and foreign flag vessels operating

on the Great Lakes, qualifications for a registered pilot for the

Great Lakes, authority for agreements with Canada, prohibition of

State regulation, establishment of an advisory committee, and

imposition of civil penalties.

-End-

-CITE-

46 USC Sec. 9301 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-

Sec. 9301. Definitions

-STATUTE-

In this chapter -

(1) "Canadian registered pilot" means an individual (except a

regular crewmember of a vessel) who is registered by Canada on

the same basis as an individual registered under section 9303 of

this title.

(2) "Great Lakes" means Lakes Superior, Michigan, Huron, Erie,

and Ontario, their connecting and tributary waters, the Saint

Lawrence River as far east as Saint Regis, and adjacent port

areas.

(3) "United States registered pilot" means an individual

(except a regular crewmember of a vessel) who is registered under

section 9303 of this title.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 557.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

9301(1) 46:216(d)

9301(2) 46:216(a)

9301(3) 46:216(c)

--------------------------------------------------------------------

Section 9301 contains definitions which pertain to this chapter

only.

Clause (1) defines "Canadian registered pilot" as an individual

registered as a pilot in Canada on the same basis as the United

States.

Clause (2) defines "Great Lakes" as the five lakes plus their

connecting and tributary waters, a certain part of the Saint

Lawrence River, and adjacent ports.

Clause (3) defines "United States registered pilot" as an

individual registered under regulations for competency under

section 9303.

-End-

-CITE-

46 USC Sec. 9302 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-

Sec. 9302. Great Lakes pilots required

-STATUTE-

(a)(1) Except as provided in subsections (d), (e), and (f) of

this section, each vessel of the United States operating on

register and each foreign vessel shall engage a United States or

Canadian registered pilot for the route being navigated who shall -

(A) in waters of the Great Lakes designated by the President,

direct the navigation of the vessel subject to the customary

authority of the master; and

(B) in waters of the Great Lakes not designated by the

President, be on board and available to direct the navigation of

the vessel at the discretion of and subject to the customary

authority of the master.

(2) The President shall make water designations under this

subsection with regard to the public interest, the effective use of

navigable waters, marine safety, and the foreign relations of the

United States.

(b) A member of the complement of a vessel of the United States

operating on register or of a vessel of Canada may serve as the

pilot required on waters not designated by the President if the

member is licensed under section 7101 of this title, or under

equivalent provisions of Canadian law, to direct the navigation of

the vessel on the waters being navigated.

(c) The authority extended under subsections (a) and (b) of this

section to a Canadian registered pilot or other Canadian licensed

officer to serve on certain vessels in United States waters of the

Great Lakes shall continue as long as Canada extends reciprocity to

United States registered pilots and other individuals licensed by

the United States for pilotage service in Canadian waters of the

Great Lakes.

(d) A vessel may be operated on the United States waters of the

Great Lakes without a United States or Canadian registered pilot

when -

(1) the Secretary notifies the master that a registered pilot

is not available; or

(2) the vessel or its cargo is in distress or jeopardy.

(e) A Canadian vessel regularly operating on the Great Lakes or

between ports on the Great Lakes and the Saint Lawrence River, with

only an occasional voyage to ports in the maritime provinces of

Canada in the Canadian coastal trade, is exempt from subsection (a)

of this section as long as Canada permits enrolled vessels of the

United States to be operated on Canadian waters of the Great Lakes

under the direction of individuals licensed under section 7101 of

this title.

(f) A documented vessel regularly operating on the Great Lakes or

between ports on the Great Lakes and the St. Lawrence River is

exempt from the requirements of subsection (a) of this section.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 557; Pub. L. 101-380, title

IV, Sec. 4108(a), Aug. 18, 1990, 104 Stat. 514; Pub. L. 104-324,

title XI, Sec. 1115(b)(5)-(7), Oct. 19, 1996, 110 Stat. 3972.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

--------------------------------------------------------------------

9302(a), (b), (d) 46:216a

9302(c) 46:216f

--------------------------------------------------------------------

Section 9302 sets forth the requirements for pilots on the waters

of the Great Lakes under the jurisdiction of the United States or

Canada.

Subsection (a) requires each United States vessel sailing on

register and each foreign vessel to engage a United States or

Canadian registered pilot who shall direct the navigation of the

vessel in designated waters of the Great Lakes or be available to

direct the navigation of the vessel in undesignated waters of the

Great Lakes. The President must make the designation with regard to

public interest, effective use of navigable waters, marine safety,

and United States foreign relations. The direction of the vessel by

an authorized pilot is subject to the customary authority of the

master.

Subsection (b) provides that a crewmember licensed for Great

Lakes navigation under section 7101 or equivalent Canadian law may

serve as the pilot on undesignated waters.

Subsection (c) provides for reciprocity of recognizing United

States and Canadian pilots.

Subsections (d) and (e) are exceptions to subsection (a).

Subsection (d) permits operation of a vessel on the Great Lakes

without a registered pilot if notice is given that one is not

available or if the vessel or cargo is in distress or jeopardy.

Subsection (e) exempts a Canadian vessel in the coastwise or Great

Lakes trade from the requirement of having a registered pilot if

similar United States vessels are extended the same exemption by

Canada.

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-324, Sec. 1115(b)(5),

substituted "subsections (d), (e), and (f)" for "subsections (d)

and (e)".

Subsec. (e). Pub. L. 104-324, Sec. 1115(b)(6), substituted

"subsection (a)" for "subsections (a) and (b)".

Subsec. (f). Pub. L. 104-324, Sec. 1115(b)(7), added subsec. (f).

1990 - Subsec. (b). Pub. L. 101-380 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "An

individual of a vessel licensed for navigation on the Great Lakes

under section 7101 of this title, or equivalent provisions of

Canadian law, and qualified for the route being navigated, may

serve as the pilot required on waters not designated by the

President."

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-

PROC. NO. 3385. DESIGNATION OF RESTRICTED WATERS

Proc. No. 3385, Dec. 22, 1960, 25 F.R. 13681, as amended by Proc.

No. 3855, June 10, 1968, 33 F.R. 8535, provided:

WHEREAS, pursuant to section 3(a) of the Great Lakes Pilotage Act

of 1960 (Public Law 86-555; 74 Stat. 259) [46 U.S.C. 9302(a)], the

President is directed to designate and by proclamation announce

those United States waters of the Great Lakes in which registered

vessels of the United States and foreign vessels shall be required

to have in their service a United States registered pilot or a

Canadian registered pilot for the waters concerned; and

WHEREAS the aforesaid section 3(a) [46 U.S.C. 9302(a)] provides

that these designations shall be made with due regard to the public

interest, the effective utilization of navigable waters, marine

safety, and the foreign relations of the United States:

NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United

States of America, acting under and by virtue of the authority

vested in me by section 3(a) of the Great Lakes Pilotage Act of

1960 [46 U.S.C. 9302(a)], do hereby designate and proclaim the

following areas in which registered vessels of the United States

and foreign vessels shall be required to have in their service a

United States registered pilot or a Canadian registered pilot for

the waters concerned, on and after the effective date of

regulations issued by the Secretary of Transportation pursuant to

the Act:

(1) District 1. All United States waters of the St. Lawrence

River between the international boundary at St. Regis and a line at

the head of the river running (at approximately 127G6&#186;<!--

degrees --> true) between Carruthers Point Light and South Side

Light extended to the New York shore.

(2) District 2. All United States waters of Lake Erie westward of

a line running (at approximately 026G6&#186;<!-- degrees --> true)

from Sandusky Pierhead Light at Cedar Point to Southeast Shoal

Light; all waters contained within the arc of a circle of one mile

radius eastward of Sandusky Pierhead Light; the Detroit River; Lake

St. Clair; the St. Clair River, and northern approaches thereto

south of latitude 43G6&#186;<!-- degrees -->05G630G6N.

(3) District 3. All United States waters of the St. Marys River,

Sault Sainte Marie Locks and approaches thereto between latitude

45G6&#186;<!-- degrees -->59G6N. at the southern approach and

longitude 84G6&#186;<!-- degrees -->33G6W. at the northern

approach.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the

Seal of the United States of America to be affixed.

DONE at the City of Washington this twenty-second day of December

in the year of our Lord nineteen hundred and sixty, and of

the Independence of the United States of America the one

hundred and eighty-fifth.

[seal]

Dwight D. Eisenhower.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9308 of this title.

-End-

-CITE-

46 USC Sec. 9303 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-

Sec. 9303. United States registered pilot service

-STATUTE-

(a) The Secretary shall prescribe by regulation standards of

competency to be met by each applicant for registration under this

chapter. An applicant must -

(1) have a license as master, mate, or pilot issued under

section 7101 of this title;

(2) have acquired at least 24 months licensed service or

equivalent experience on vessels or integrated towing vessels and

tows of at least 4,000 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, operating on the Great Lakes or oceans, with

a minimum of 6 months of that service or experience having been

on the Great Lakes; and

(3) agree that, if appointed as a United States registered

pilot, the applicant will be available for service when required.

(b) The Secretary shall issue to each registered pilot under this

chapter a certificate of registration describing the areas within

which the pilot may serve. The pilot shall carry the certificate

when in the service of a vessel.

(c) The Secretary shall prescribe by regulation the duration of

validity of registration.

(d) The Secretary may prescribe by regulation the conditions for

service by United States registered pilots, including availability

for service.

(e) Subject to sections 551-559 of title 5, the Secretary may

suspend or revoke a certificate of registration issued under this

section if the holder fails to comply with a regulation prescribed

under this chapter. Suspension or revocation of the holder's

license under chapter 77 of this title includes the holder's

certificate of registration.

(f) The Secretary shall prescribe by regulation rates and charges

for pilotage services, giving consideration to the public interest

and the costs of providing the services.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 558; Pub. L. 104-324, title

VII, Sec. 735, Oct. 19, 1996, 110 Stat. 3941.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

9303(a) 46:216b(a)

9303(b) 46:216b(b)

9303(c) 46:216b(c)

9303(e) 46:216b(c)

9303(f) 46:216c

--------------------------------------------------------------------

Section 9303 authorizes the Secretary to prescribe regulatory

standards of competency for registered pilots.

Subsection (a) requires an applicant for registration as a pilot

to have a master's, mate's, or pilot's license, 24 months of

licensed service, or equivalent, on vessels on the oceans or Great

Lakes, with a minimum of 6 months on the Great Lakes, and agree to

be available for service as a United States registered pilot if

appointed.

Subsection (b) requires the Secretary to issue a certificate of

registration describing the areas of service of a registered pilot

who must carry the certificate when in a vessel's service.

Subsection (c) authorizes the Secretary to prescribe the duration

of the validity of registration, while subsection (d) authorizes

the Secretary to prescribe conditions for service by United States

registered pilots.

Subsection (e) provides for the suspension or revocation of a

certificate or registration by the Secretary.

Subsection (f) provides for setting the rates and charges for

pilotage services.

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-324 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 "4,000 gross tons".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9301, 9308 of this title;

title 49 section 1133.

-End-

-CITE-

46 USC Sec. 9304 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-

Sec. 9304. Pilotage pools

-STATUTE-

(a) The Secretary may authorize the formation of a pool by a

voluntary association of United States registered pilots to provide

for efficient dispatching of vessels and rendering of pilotage

services.

(b) For pilotage pools, the Secretary may -

(1) limit the number of the pools;

(2) prescribe regulations for their operation and

administration;

(3) prescribe a uniform system of accounts;

(4) perform audits and inspections; and

(5) require coordination on a reciprocal basis with similar

pool arrangements authorized by the appropriate agency of Canada.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 559.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

9304 46:216b(e)

--------------------------------------------------------------------

Section 9304 provides for the formation of a pool by a voluntary

association of United States registered pilots to provide for

efficient pilotage services.

Subsection (a) permits the Secretary to authorize formation of

United States pilotage pools.

Subsection (b) sets forth the restrictions and conditions that

the Secretary may prescribe for these pools.

-End-

-CITE-

46 USC Sec. 9305 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-

Sec. 9305. Agreements with Canada

-STATUTE-

To provide for a coordinated system of pilotage service on the

Great Lakes, the Secretary, subject to the concurrence of the

Secretary of State, may make agreements with the appropriate agency

of Canada to -

(1) fix the number of pilots to be registered in each country;

(2) provide for participation on an equitable basis;

(3) prescribe joint or identical rates and charges;

(4) coordinate pool operations; and

(5) establish conditions for services by registered pilots.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 559.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

9305 46:216b(d)

46:216d

--------------------------------------------------------------------

Section 9305 authorizes the Secretary of Transportation, subject

to the concurrence of the Secretary of State, to make agreements

with Canada for a coordinated system of pilotage service on the

Great Lakes. The agreements may fix the number of registered

pilots, provide for equitable participation, prescribe rates and

charges, coordinate pool operations, and establish conditions for

service.

-End-

-CITE-

46 USC Sec. 9306 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-

Sec. 9306. State regulation prohibited

-STATUTE-

A State or political subdivision of a State may not regulate or

impose any requirement on pilotage on the Great Lakes.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 559.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

9306 46:216g

--------------------------------------------------------------------

Section 9306 prohibits State or local regulations of pilotage on

the Great Lakes and is part of the exception provided by law

envisioned under section 8501(a).

-End-

-CITE-

46 USC Sec. 9307 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-

Sec. 9307. Great Lakes Pilotage Advisory Committee

-STATUTE-

(a) The Secretary shall establish a Great Lakes Pilotage Advisory

Committee. The Committee -

(1) may review proposed Great Lakes pilotage regulations and

policies and make recommendations to the Secretary that the

Committee considers appropriate;

(2) may advise, consult with, report to, and make

recommendations to the Secretary on matters relating to Great

Lakes pilotage;

(3) may make available to the Congress recommendations that the

Committee makes to the Secretary; and

(4) shall meet at the call of -

(A) the Secretary, who shall call such a meeting at least

once during each calendar year; or

(B) a majority of the Committee.

(b)(1) The Committee shall consist of seven members appointed by

the Secretary in accordance with this subsection, each of whom has

at least 5 years practical experience in maritime operations. The

term of each member is for a period of not more than 5 years,

specified by the Secretary. Before filling a position on the

Committee, the Secretary shall publish a notice in the Federal

Register soliciting nominations for membership on the Committee.

(2) The membership of the Committee shall include -

(A) The (!1) President of each of the 3 Great Lakes pilotage

districts, or the President's representative;

(B) one member representing the interests of vessel operators

that contract for Great Lakes pilotage services;

(C) one member representing the interests of Great Lakes ports;

(D) one member representing the interests of shippers whose

cargoes are transported through Great Lakes ports; and

(E) a member with a background in finance or accounting, who -

(i) must have been recommended to the Secretary by a

unanimous vote of the other members of the Committee, and

(ii) may be appointed without regard to requirement in

paragraph (1) that each member have 5 years of practical

experience in maritime operations.

(c)(1) The Committee shall elect one of its members as the

Chairman and one of its members as the Vice Chairman. The Vice

Chairman shall act as Chairman in the absence or incapacity of the

Chairman, or in the event of a vacancy in the office of the

Chairman.

(2) The Secretary shall, and any other interested agency may,

designate a representative to participate as an observer with the

Committee. The Secretary's designated representative shall act as

the executive secretary of the Committee and shall perform the

duties set forth in section 10(c) of the Federal Advisory Committee

Act (5 U.S.C. App.).

(d)(1) The Secretary shall, whenever practicable, consult with

the Committee before taking any significant action relating to

Great Lakes pilotage.

(2) The Secretary shall consider the information, advice, and

recommendations of the Committee in formulating policy regarding

matters affecting Great Lakes pilotage.

(3) Any recommendations to the Secretary under subsection (a)(2)

must have been approved by at least all but one of the members then

serving on the committee.

(e)(1) A member of the Committee, when attending meetings of the

Committee or when otherwise engaged in the business of the

Committee, is entitled to receive -

(A) compensation at a rate fixed by the Secretary, not

exceeding the daily equivalent of the current rate of basic pay

in effect for GS-18 of the General Schedule under section 5332 of

title 5 including travel time; and

(B) travel or transportation expenses under section 5703 of

title 5, United States Code.

(2) A member of the Committee shall not be considered to be an

officer or employee of the United States for any purpose based on

their receipt of any payment under this subsection.

(f)(1) The Federal Advisory Committee Act (5 U.S.C. App.) applies

to the Committee, except that the Committee terminates on September

30, 2005.

(2) 2 years before the termination date set forth in paragraph

(1) of this subsection, the Committee shall submit to the Congress

its recommendation regarding whether the Committee should be

renewed and continued beyond the termination date.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 559; Pub. L. 105-383, title

III, Sec. 303, Nov. 13, 1998, 112 Stat. 3418; Pub. L. 106-554, Sec.

1(a)(4) [div. A, Sec. 1118], Dec. 21, 2000, 114 Stat. 2763,

2763A-209.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

9307 46:216h

--------------------------------------------------------------------

Section 9307 permits the Secretary to establish a Great Lakes

Pilotage Advisory Committee. This Committee is to be established

consistent with the Federal Advisory Committee Act (P.L. 92-463; 5

App. U.S.C.) and with the requirements imposed by section 19

[118(e)] of P.L. 97-322 (14 U.S.C. 631 note).

Subsection (a) authorizes the Committee to review and make

recommendations on Great Lakes pilotage regulation and policies and

to make the recommendations available to Congress and requires the

Committee to meet at the call of the Secretary.

Subsection (b) establishes the membership of the Committee as 3

members with 5 years of practical maritime experience appointed by

the Secretary for a term of not more than 5 years. A Federal

Register notice of solicitation for membership nominations for

filling a position is required.

Subsection (c) provides for pay and travel expenses, including

per diem, for the members.

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsecs.

(c)(2) and (f)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770,

as amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC2-

AMENDMENTS

2000 - Subsec. (b)(2)(A). Pub. L. 106-554, Sec. 1(a)(4) [div. A,

Sec. 1118(1)], amended subpar. (A) generally. Prior to amendment,

subpar. (A) read as follows: "three members who are practicing

Great Lakes pilots and who reflect a regional balance;".

Subsec. (b)(2)(E). Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec.

1118(2)], amended subpar. (E) generally. Prior to amendment,

subpar. (E) read as follows: "one member representing the interests

of the general public, who is an independent expert on the Great

Lakes maritime industry."

Subsec. (c)(2). Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec.

1118(3)], which directed the striking out of second sentence in

subsec. (C)(2), was executed by striking out the second sentence in

subsec. (c)(2), "The representatives shall, as appropriate, report

to and advise the Committee on matters relating to Great Lakes

pilotage.", to reflect the probable intent of Congress.

Subsec. (d)(3). Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec.

1118(4)], added par. (3).

Subsec. (f)(1). Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec.

1118(5)], substituted "September 30, 2005" for "September 30,

2003".

1998 - Pub. L. 105-383 amended section generally, substituting

provisions consisting of subsecs. (a) to (f) for former provisions

consisting of subsecs. (a) to (c).

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

46 USC Sec. 9308 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 93 - GREAT LAKES PILOTAGE

-HEAD-

Sec. 9308. Penalties

-STATUTE-

(a) An owner, charterer, managing operator, agent, master, or

individual in charge of a vessel knowingly allowing the vessel to

be operated in violation of section 9302 of this title is liable to

the United States Government for a civil penalty of no more than

$10,000 for each day during which the vessel is in violation. The

vessel also is liable in rem for the penalty.

(b) An individual who directs the navigation of a vessel in

violation of section 9302 of this title is liable to the Government

for a civil penalty of no more than $10,000 for each day during

which the violation occurs.

(c) A person violating a regulation prescribed under section 9303

of this title is liable to the Government for a civil penalty of no

more than $10,000.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 101-380, title

IV, Sec. 4108(b), Aug. 18, 1990, 104 Stat. 515.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

9308 46:216e(a)-(c)

--------------------------------------------------------------------

Section 9308 prescribes the penalties for violations of sections

9302 and 9303.

AMENDMENTS

1990 - Subsecs. (a) to (c). Pub. L. 101-380 substituted "no more

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

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.

-End-

-CITE-

46 USC Part G - Merchant Seamen Protection and Relief 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

-HEAD-

PART G - MERCHANT SEAMEN PROTECTION AND RELIEF

-MISC1-

HISTORICAL AND REVISION NOTES

Part G provides for a number of measures for the protection and

relief of merchant seamen by requiring certain contractual

obligations between the master who represents the vessel owner's

interest and the seamen who are engaged or employed on board a

vessel, by requiring certain proceedings when a seaman dies or a

vessel is suspected of being unseaworthy, by requiring certain

standards for accommodations, medicine, clothing, miscellaneous

merchandise, and for the handling of special and unique problems of

seamen. It also provides for a method of imposing disciplinary

controls through the logging of offenses and provides penalties for

specified offenses, and certain related disciplinary procedures.

The provisions of this part generally do not apply to fishing

vessels, whaling vessels, or yachts.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 2113, 14305 of this title.

-End-