-CITE-

46 USC CHAPTER 81 - GENERAL 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 81 - GENERAL

-HEAD-

CHAPTER 81 - GENERAL

-MISC1-

Sec.

8101. Complement of inspected vessels.

8102. Watchmen.

8103. Citizenship and Naval Reserve requirements.

8104. Watches.

8105. Fishing vessel exemption.

HISTORICAL AND REVISION NOTES

Chapter 81 provides for the composition, citizenship, working

hours, and other limitations affecting the complement of licensed

individuals and crew on certain vessels, a safety watch onboard

passenger vessels, membership in the Naval Reserve for certain deck

and engineer officers, and penalties for violating, and regulatory

authority for implementing its provisions.

AMENDMENTS

1996 - Pub. L. 104-324, title XI, Sec. 1146(b), Oct. 19, 1996,

110 Stat. 3993, added item 8105.

1990 - Pub. L. 101-595, title VI, Sec. 603(7)(B), Nov. 16, 1990,

104 Stat. 2993, struck out item 8105 "Regulations".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

46 USC Sec. 8101 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 81 - GENERAL

-HEAD-

Sec. 8101. Complement of inspected vessels

-STATUTE-

(a) The certificate of inspection issued to a vessel under part B

of this subtitle shall state the complement of licensed individuals

and crew (including lifeboatmen) considered by the Secretary to be

necessary for safe operation. A manning requirement imposed on -

(1) a sailing school vessel shall consider the participation of

sailing school instructors and sailing school students in the

operation of that vessel;

(2) a mobile offshore drilling unit shall consider the

specialized nature of the unit; and

(3) a tank vessel shall consider the navigation, cargo

handling, and maintenance functions of that vessel for protection

of life, property, and the environment.

(b) The Secretary may modify the complement, by endorsement on

the certificate, for reasons of changed conditions or employment.

(c) A requirement made under this section by an authorized

official may be appealed to the Secretary under prescribed

regulations.

(d) A vessel to which this section applies may not be operated

without having in its service the complement required in the

certificate of inspection.

(e) When a vessel is deprived of the service of a member of its

complement without the consent, fault, or collusion of the owner,

charterer, managing operator, agent, master, or individual in

charge of the vessel, the master shall engage, if obtainable, a

number of members equal to the number of those of whose services

the master has been deprived. The replacements must be of the same

or a higher grade or rating than those whose places they fill. If

the master finds the vessel is sufficiently manned for the voyage,

and replacements are not available to fill all the vacancies, the

vessel may proceed on its voyage. Within 12 hours after the vessel

arrives at its destination, the master shall report in writing to

the Secretary the cause of each deficiency in the complement. A

master failing to make the report is liable to the United States

Government for a civil penalty of $1,000 for each deficiency.

(f) The owner, charterer, or managing operator of a vessel not

manned as required by this section is liable to the Government for

a civil penalty of $10,000.

(g) A person may not employ an individual as, and an individual

may not serve as, a master, mate, engineer, radio officer, or pilot

of a vessel to which this part applies or which is subject to

inspection under chapter 33 of this title if the individual is not

licensed by the Secretary. A person (including an individual)

violating this subsection is liable to the Government for a civil

penalty of not more than $10,000. Each day of a continuing

violation is a separate offense.

(h) The owner, charterer, or managing operator of a freight

vessel of less than 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, a small passenger vessel, or a sailing school vessel

not manned as required by this section is liable to the Government

for a civil penalty of $1,000. The vessel also is liable in rem for

the penalty.

(i) When the 2 next most senior licensed officers on a vessel

reasonably believe that the master or individual in charge of the

vessel is under the influence of alcohol or a dangerous drug and is

incapable of commanding the vessel, the next most senior master,

mate, or operator licensed under section 7101(c)(1) or (3) of this

title shall -

(1) temporarily relieve the master or individual in charge;

(2) temporarily take command of the vessel;

(3) in the case of a vessel required to have a log under

chapter 113 of this title, immediately enter the details of the

incident in the log; and

(4) report those details to the Secretary -

(A) by the most expeditious means available; and

(B) in written form transmitted within 12 hours after the

vessel arrives at its next port.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 547; Pub. L. 98-557, Sec.

29(b), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 99-640, Sec. 11(b),

Nov. 10, 1986, 100 Stat. 3550; Pub. L. 101-380, title IV, Secs.

4104, 4114(c), 4302(e), Aug. 18, 1990, 104 Stat. 511, 517, 538;

Pub. L. 104-324, title VII, Sec. 725, Oct. 19, 1996, 110 Stat.

3939.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Revised section Source section (U.S. Code)

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

8101 46:222

46:224

46:446d

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

Section 8101 provides for the required composition of the

complement of licensed individuals and crew of an inspected vessel

when being operated.

Subsection (a) requires that the certificate of inspection for a

vessel state the manning necessary for safe navigation. Manning

means the complement of licensed officers and crew (including

lifeboatmen). Any manning requirements for sailing school vessels

shall take into account the participation of sailing school

instructors and sailing school students in the operation of those

vessels.

Subsection (b) permits the Secretary to modify the manning

requirements for reasons of changed conditions or employment.

Subsection (c) permits an appeal to the Secretary of any manning

requirements made by an authorized official.

Subsection (d) prohibits the operation of a vessel without the

manning required in the vessel's certificate of inspection.

When a vessel has a vacancy in the manning required by its

certificate of inspection without the consent, fault, or collusion

of anyone responsible for the management or operation of the

vessel, subsection (e) requires that the master hire replacements,

if possible, in the same or higher grade or rating. However, if the

master finds the vessel sufficiently manned and replacements are

not available, the vessel may proceed on its voyage. Within 12

hours of arrival at its destination, the master is required to file

a written report with the Secretary stating the cause of each

deficiency or be liable for a civil penalty. The report of

deficiency should include both the reason for the vacancy in the

first instance and the reason for the unavailability of a qualified

replacement.

Subsections (f), (g) and (h) prescribe civil penalties for

noncompliance with manning requirements. Subsection (g) also

prohibits the employment or service of an individual in a licensed

capacity who is not licensed by the Secretary.

AMENDMENTS

1996 - Subsec. (h). 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 "100 gross tons".

1990 - Subsec. (a)(3). Pub. L. 101-380, Sec. 4114(c), added par.

(3).

Subsec. (e). Pub. L. 101-380, Sec. 4302(e)(1), substituted

"$1,000" for "$50".

Subsec. (f). Pub. L. 101-380, Sec. 4302(e)(2), substituted

"$10,000" for "$100, or, for a deficiency of a licensed individual,

a penalty of $500".

Subsec. (g). Pub. L. 101-380, Sec. 4302(e)(3), substituted

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

Subsec. (i). Pub. L. 101-380, Sec. 4104, added subsec. (i).

1986 - Subsec. (a). Pub. L. 99-640 amended subsec. (a) generally,

inserting cl. (1) designation before "a sailing school" and adding

cl. (2).

1984 - Subsec. (g). Pub. L. 98-557 substituted provisions

relating to inspection under chapter 33 of this title, for

provisions relating to applicability of part B of this subtitle.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8301 of this title.

-End-

-CITE-

46 USC Sec. 8102 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 81 - GENERAL

-HEAD-

Sec. 8102. Watchmen

-STATUTE-

(a) The owner, charterer, or managing operator of a vessel

carrying passengers during the nighttime shall keep a suitable

number of watchmen in the vicinity of the cabins or staterooms and

on each deck to guard against and give alarm in case of a fire or

other danger. An owner, charterer, or managing operator failing to

provide watchmen required by this section is liable to the United

States Government for a civil penalty of $1,000.

(b) The owner, charterer, managing operator, agent, master, or

individual in charge of a fish processing vessel of more than 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 shall

keep a suitable number of watchmen trained in firefighting on board

when hotwork is being done to guard against and give alarm in case

of a fire.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 548; Pub. L. 98-364, title

IV, Sec. 402(10), July 17, 1984, 98 Stat. 448; Pub. L. 104-324,

title VII, Sec. 726, Oct. 19, 1996, 110 Stat. 3939.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Revised section Source section (U.S. Code)

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

8102 46:470

46:471

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

Section 8102 requires the person responsible for the management

of a vessel carrying passengers to have a suitable watch at night

to guard against, and to sound an alarm in case of fire or other

danger, or be liable for a civil penalty.

AMENDMENTS

1996 - Subsec. (b). 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 "100 gross tons".

1984 - Pub. L. 98-364 designated existing provisions as subsec.

(a) and added subsec. (b).

-End-

-CITE-

46 USC Sec. 8103 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 81 - GENERAL

-HEAD-

Sec. 8103. Citizenship and Naval Reserve requirements

-STATUTE-

(a) Only a citizen of the United States may serve as master,

chief engineer, radio officer, or officer in charge of a deck watch

or engineering watch on a documented vessel.

(b)(1) Except as otherwise provided in this section, on a

documented vessel -

(A) each unlicensed seaman must be a citizen of the United

States or an alien lawfully admitted to the United States for

permanent residence; and

(B) not more than 25 percent of the total number of unlicensed

seamen on the vessel may be aliens lawfully admitted to the

United States for permanent residence.

(2) Paragraph (1) of this subsection does not apply to -

(A) a yacht;

(B) a fishing vessel 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)); and

(C) a fishing vessel fishing outside of the exclusive economic

zone.

(3) The Secretary may waive a citizenship requirement under this

section, other than a requirement that applies to the master of a

documented vessel, with respect to -

(A) an offshore supply vessel or other similarly engaged vessel

of less 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 that operates from a foreign port;

(B) a mobile offshore drilling unit or other vessel engaged in

support of exploration, exploitation, or production of offshore

mineral energy resources operating beyond the water above the

outer Continental Shelf (as that term is defined in section 2(a)

of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)); and

(C) any other vessel if the Secretary determines, after an

investigation, that qualified seamen who are citizens of the

United States are not available.

(c) On each departure of a vessel (except a passenger vessel) for

which a construction or operating differential subsidy has been

granted, all of the seamen of the vessel must be citizens of the

United States.

(d)(1) On each departure of a passenger vessel for which a

construction or operating differential subsidy has been granted, at

least 90 percent of the entire complement (including licensed

individuals) must be citizens of the United States.

(2) An individual not required by this subsection to be a citizen

of the United States may be engaged only if the individual has a

declaration of intention to become a citizen of the United States

or other evidence of admission to the United States for permanent

residence. An alien may be employed only in the steward's

department of the passenger vessel.

(e) If a documented vessel is deprived for any reason of the

services of an individual (except the master and the radio officer)

when on a foreign voyage and a vacancy consequently occurs, until

the vessel's return to a port at which in the most expeditious

manner a replacement who is a citizen of the United States can be

obtained, an individual not a citizen of the United States may

serve in -

(1) the vacancy; or

(2) a vacancy resulting from the promotion of another

individual to fill the original vacancy.

(f) A person employing an individual in violation of this section

or a regulation prescribed under this section is liable to the

United States Government for a civil penalty of $500 for each

individual so employed.

(g) A deck or engineer officer employed on a vessel on which an

operating differential subsidy is paid, or employed on a vessel

(except a vessel of the Coast Guard or Saint Lawrence Seaway

Development Corporation) owned or operated by the Department of

Transportation or by a corporation organized or controlled by the

Department, if eligible, shall be a member of the Naval Reserve.

(h) The President may -

(1) suspend any part of this section during a proclaimed

national emergency; and

(2) when the needs of commerce require, suspend as far and for

a period the President considers desirable, subsection (a) of

this section for crews of vessels of the United States documented

for foreign trade.

(i)(1) Except as provided in paragraph (3) of this subsection,

each unlicensed seaman on a fishing, fish processing, or fish

tender vessel that is engaged in the fisheries in the navigable

waters of the United States or the exclusive economic zone must be

-

(A) a citizen of the United States;

(B) an alien lawfully admitted to the United States for

permanent residence;

(C) any other alien allowed to be employed under the

Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or

(D) an alien allowed to be employed under the immigration laws

of the Commonwealth of the Northern Mariana Islands if the vessel

is permanently stationed at a port within the Commonwealth and

the vessel is engaged in the fisheries within the exclusive

economic zone surrounding the Commonwealth or another United

States territory or possession.

(2) Not more than 25 percent of the unlicensed seamen on a vessel

subject to paragraph (1) of this subsection may be aliens referred

to in clause (C) of that paragraph.

(3) This subsection does not apply to a fishing vessel 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-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 548; Pub. L. 100-239, Secs.

5(a)(1), (2), (b)-(d)(1), Jan. 11, 1988, 101 Stat. 1780; Pub. L.

100-255, Mar. 4, 1988, 102 Stat. 23; Pub. L. 101-595, title VI,

Sec. 603(6), title VII, Sec. 711, Nov. 16, 1990, 104 Stat. 2993,

2997; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.

211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41; Pub. L. 104-324,

title VII, Sec. 727, title XI, Sec. 1123, Oct. 19, 1996, 110 Stat.

3939, 3980.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Revised section Source section (U.S. Code)

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

8103 46:221

46:236

46:672(h)

46:672a

46:690

46:1132

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

Section 8103 sets forth the requirements for citizenship and

Naval Reserve membership for the complement on a vessel documented

under the laws of the United States.

Subsection (a) requires that the master, chief engineer, or

officer in charge of a deck or engineering watch on a United States

documented vessel be a United States citizen.

Subsection (b) requires that 75 percent of the seamen, excluding

licensed individuals, on a United States documented vessel be

United States citizens, except for a fishing or whaling vessel or

yacht. The Secretary may reduce the percentage if the Secretary

decides on investigation that United States seamen are not

available. This investigation and percentage reduction authority is

the sole responsibility of the Secretary of Transportation and

accordingly the Secretary is to make these decisions expeditiously,

promptly, and independently so as not to be dependent on any other

agency to make this reduction. The Committee believes the Secretary

is capable of this decision and need not delay or fail to make the

decision because some other agency does not have the information or

would require an extended period to acquire that information. The

phrase "for any reason" is used merely to emphasize the complete

discretion of the Secretary in making this decision. In addition,

because this decision is based on an investigation, formal

procedures of the Administrative Procedure Act do not apply.

Subsections (c) and (d) provide that a vessel, except a passenger

vessel, on departure from the United States that has been granted a

construction or operating differential subsidy have a higher

percentage citizenship requirement. Subsection (c) requires all of

the crew and employees of a cargo vessel be United States citizens.

Subsection (d) requires at least 90 percent of the entire

complement of a passenger vessel be United States citizens. The

phrase "including all licensed individuals" emphasizes that all

licensed individuals are required to be United States citizens as

required by subsection (a) and that they compose part of the 90

percent requirement under this subsection. Further, under

subsection (d), the balance of the complement must be individuals

who have a declaration of intention to become a United States

citizen or evidence of admission to the United States as a

permanent resident and may only be employed in the steward's

department of the passenger vessel.

Except for the master, subsection (e) permits a non-United States

citizen to fill a vacancy that occurs for any reason on a United

States documented vessel during a foreign voyage until the vessel

returns to a United States port where a United States citizen

replacement can be obtained. The phrase "for any reason" is used

merely for emphasis.

Subsection (f) provides for the penalty for violation of this

section.

Subsection (g) requires a deck or engineer officer on a vessel

that has been granted an operating differential subsidy or is under

the control by the Department of Transportation to be, if eligible,

a member of the Naval Reserve. This section does not apply to a

vessel of the Coast Guard or the Saint Lawrance Seaway Development

Corporation.

Subsection (h) permits the President to suspend the requirements

of this section during a proclaimed national emergency or the

requirement of subsection (a) for United States vessels documented

for foreign trade when the needs of commerce require.

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in subsec.

(i)(1)(C), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,

and is classified principally to chapter 12 (Sec. 1101 et seq.) of

Title 8, Aliens and Nationality. For complete classification of

this Act to the Code, see Short Title note set out under section

1101 of Title 8 and Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (b)(2)(B). Pub. L. 104-208 substituted

"Magnuson-Stevens Fishery" for "Magnuson Fishery".

Subsec. (b)(3)(A). Pub. L. 104-324, Sec. 727, 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. (i)(1)(D). Pub. L. 104-324, Sec. 1123, added subpar. (D).

Subsec. (i)(3). Pub. L. 104-208 substituted "Magnuson-Stevens

Fishery" for "Magnuson Fishery".

1990 - Subsec. (i)(3)(C). Pub. L. 101-595, Secs. 603(6) and 711,

amended subpar. (C) identically, substituting "Nationality" for

"Naturalization".

1988 - Subsec. (a). Pub. L. 100-239, Sec. 5(a)(1), inserted

"radio officer," after "chief engineer,".

Subsec. (b). Pub. L. 100-255 substituted "section," for

"subsection," in par. (3).

Pub. L. 100-239, Sec. 5(a)(2), amended subsec. (b) generally.

Prior to amendment, subsec. (b) read as follows: "On each departure

of a documented vessel (except a fishing or whaling vessel or

yacht) from a port of the United States, 75 percent of the seamen

(excluding licensed individuals) must be citizens of the United

States. If the Secretary decides, on investigation, that qualified

citizen seamen are not available, the Secretary may reduce the

percentage."

Subsecs. (c), (d)(1). Pub. L. 100-239, Sec. 5(b), struck out

"from the United States" after "On each departure".

Subsec. (e). Pub. L. 100-239, Sec. 5(c), inserted "and the radio

officer" after "the master" and substituted "until the vessel's

return to a port at which in the most expeditious manner" for

"until the vessel's first return to a United States port at which".

Subsec. (i). Pub. L. 100-239, Sec. 5(d)(1), added subsec. (i).

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.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 5(a)(3) of Pub. L. 100-239 provided that: "Paragraph (2)

of this subsection [amending this section] is effective 30 days

after the date of enactment of this Act [Jan. 11, 1988]."

Section 5(d)(2) of Pub. L. 100-239 provided that: "This

subsection [amending this section] is effective 360 days after the

day of the enactment of this Act [Jan. 11, 1988]."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC3-

APPLICATION OF SECTION TO FISHING VESSELS IN CALIFORNIA

Section 317 of Pub. L. 101-595, as amended by Pub. L. 104-324,

title III, Sec. 301(d)(2)(B), Oct. 19, 1996, 110 Stat. 3916,

provided that:

"(a) Definition. - For purposes of the application of sections

8103(a), 12102, 12110, 12111, and 12122(b) of title 46, United

States Code, to a fishing vessel operating in waters subject to the

jurisdiction of the United States off the coast of the State of

California, the term 'citizen of the United States' includes an

alien lawfully admitted to the United States for permanent

residence.

"(b) Termination. - This section shall terminate on October 1,

2000."

-End-

-CITE-

46 USC Sec. 8104 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 81 - GENERAL

-HEAD-

Sec. 8104. Watches

-STATUTE-

(a) An owner, charterer, managing operator, master, individual in

charge, or other person having authority may permit an officer to

take charge of the deck watch on a vessel when leaving or

immediately after leaving port only if the officer has been off

duty for at least 6 hours within the 12 hours immediately before

the time of leaving.

(b) On an oceangoing or coastwise vessel of not more than 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 a fishing, fish processing, or fish tender vessel), a

licensed individual may not be required to work more than 9 of 24

hours when in port, including the date of arrival, or more than 12

of 24 hours at sea, except in an emergency when life or property

are endangered.

(c) On a towing vessel (except a towing vessel operated only for

fishing, fish processing, fish tender, or engaged in salvage

operations) operating on the Great Lakes, harbors of the Great

Lakes, and connecting or tributary waters between Gary, Indiana,

Duluth, Minnesota, Niagara Falls, New York, and Ogdensburg, New

York, a licensed individual or seaman in the deck or engine

department may not be required to work more than 8 hours in one day

or permitted to work more than 15 hours in any 24-hour period, or

more than 36 hours in any 72-hour period, except in an emergency

when life or property are endangered.

(d) On a merchant vessel of more than 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 a vessel only operating

on rivers, harbors, lakes (except the Great Lakes), bays, sounds,

bayous, and canals, a fishing, fish tender, or whaling vessel, a

fish processing vessel of not more than 5,000 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, yacht, or vessel

engaged in salvage operations), the licensed individuals, sailors,

coal passers, firemen, oilers, and water tenders shall be divided,

when at sea, into at least 3 watches, and shall be kept on duty

successively to perform ordinary work incident to the operation and

management of the vessel. The requirement of this subsection

applies to radio officers only when at least 3 radio officers are

employed. A licensed individual or seaman in the deck or engine

department may not be required to work more than 8 hours in one

day.

(e) On a vessel designated by subsection (d) of this section -

(1) a seaman may not be -

(A) engaged to work alternately in the deck and engine

departments; or

(B) required to work in the engine department if engaged for

deck department duty or required to work in the deck department

if engaged for engine department duty;

(2) a seaman may not be required to do unnecessary work on

Sundays, New Year's Day, July 4th, Labor Day, Thanksgiving Day,

or Christmas Day, when the vessel is in a safe harbor, but this

clause does not prevent dispatch of a vessel on a voyage; and

(3) when the vessel is in a safe harbor, 8 hours (including

anchor watch) is a day's work.

(f) Subsections (d) and (e) of this section do not limit the

authority of the master or other officer or the obedience of the

seamen when, in the judgment of the master or other officer, any

part of the crew is needed for -

(1) maneuvering, shifting the berth of, mooring, or unmooring,

the vessel;

(2) performing work necessary for the safety of the vessel, or

the vessel's passengers, crew, or cargo;

(3) saving life on board another vessel in jeopardy; or

(4) performing fire, lifeboat, or other drills in port or at

sea.

(g) On a towing vessel, an offshore supply vessel, or a barge to

which this section applies, that is engaged on a voyage of less

than 600 miles, the licensed individuals and crewmembers (except

the coal passers, firemen, oilers, and water tenders) may be

divided, when at sea, into at least 2 watches.

(h) On a vessel to which section 8904 of this title applies, an

individual licensed to operate a towing vessel may not work for

more than 12 hours in a consecutive 24-hour period except in an

emergency.

(i) A person violating subsection (a) or (b) of this section is

liable to the United States Government for a civil penalty of

$10,000.

(j) The owner, charterer, or managing operator of a vessel on

which a violation of subsection (c), (d), (e), or (h) of this

section occurs is liable to the Government for a civil penalty of

$10,000. The seaman is entitled to discharge from the vessel and

receipt of wages earned.

(k) On a fish processing vessel subject to inspection under part

B of this subtitle, the licensed individuals and deck crew shall be

divided, when at sea, into at least 3 watches.

(l) Except as provided in subsection (k) of this section, on a

fish processing vessel, the licensed individuals and deck crew

shall be divided, when at sea, into at least 2 watches if the

vessel -

(1) entered into service before January 1, 1988, and is 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

(2) entered into service after December 31, 1987, and has more

than 16 individuals on board primarily employed in the

preparation of fish or fish products.

(m) This section does not apply to a fish processing vessel -

(1) 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

(2) 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.

(n) On a tanker, a licensed individual or seaman may not be

permitted to work more than 15 hours in any 24-hour period, or more

than 36 hours in any 72-hour period, except in an emergency or a

drill. In this subsection, "work" includes any administrative

duties associated with the vessel whether performed on board the

vessel or onshore.

(o)(1) Except as provided in paragraph (2) of this subsection, on

a fish tender vessel of not more than 500 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 engaged in the Aleutian trade,

the licensed individuals and crewmembers shall be divided, when at

sea, into at least 3 watches.

(2) On a fish tender vessel of not more than 500 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 engaged in the Aleutian

trade, the licensed individuals and crewmembers shall be divided,

when at sea, into at least 2 watches, if the vessel -

(A) before September 8, 1990, operated in that trade; or

(B)(i) before September 8, 1990, was purchased to be used in

that trade; and

(ii) before June 1, 1992, entered into service in that trade.

(p) The Secretary may prescribe the watchstanding and work hours

requirements for an oil spill response vessel.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 549; Pub. L. 98-364, title

IV, Sec. 402(11), July 17, 1984, 98 Stat. 448; Pub. L. 98-557, Sec.

33(c), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99-307, Sec. 1(12),

May 19, 1986, 100 Stat. 445; Pub. L. 101-380, title IV, Secs.

4114(b), 4302(f), Aug. 18, 1990, 104 Stat. 517, 538; Pub. L.

101-595, title VI, Sec. 602(e)(1), Nov. 16, 1990, 104 Stat. 2991;

Pub. L. 102-587, title V, Sec. 5212, Nov. 4, 1992, 106 Stat. 5077;

Pub. L. 103-206, title III, Sec. 322(a), Dec. 20, 1993, 107 Stat.

2428; Pub. L. 104-324, title VII, Sec. 728, title XI, Secs.

1104(c), 1114, Oct. 19, 1996, 110 Stat. 3939, 3967, 3971.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Revised section Source section (U.S. Code)

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

8104 46:235

46:405(b)

46:673

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

Section 8104 prescribes certain working hours and conditions

under which working hours are set. The Committee intends that these

sections be interpreted in a manner consistent with one another.

Subsection (a) permits an individual to take charge of the deck

watch on leaving port and immediately thereafter only if the

individual has been off duty for 6 of the 12 hours immediately

prior to departure.

Subsection (b) prohibits a licensed individual from being

required to work more than 9 of 24 hours in port or more than 12 of

24 hours at sea on an oceangoing or coastwise vessel of not more

than 100 gross tons, except in an emergency.

Subsection (c) prescribes a maximum 8-hour day for licensed

individuals and seamen on towing vessels operating on the Great

Lakes and certain connecting or tributary waters.

Subsection (d) requires certain members of the complement of

certain merchant vessels of more than 100 gross tons to be divided

into at least 3 successive watches when at sea. This requirement

applies to radio officers only when at least 3 radio officers are

employed. Subsection (d) also prescribes a maximum 8-hour work day

for licensed individuals and seamen on these vessels.

For the Great Lakes towing vessels and merchant vessels in

subsections (c) and (d(, subsection (e) requires that seamen be

hired only for work in either the deck or the engine department.

When in a safe harbor, seamen may be required to do only necessary

work on Sundays and certain holidays, unless the vessel is getting

underway on a voyage. Further, when in a safe harbor, this

subsection restates the maximum 8-hour work day which applies even

for anchor watch.

Subsection (f) states that the limitations in subsections (d) and

(e) do not apply if the master or other officer decides the crew is

needed for certain routine, safety, or rescue activities.

Subsection (g) provides that for a towing vessel (except a Great

Lakes towing vessel under subsection (c)), offshore supply vessel,

or barge on a voyage of less than 600 miles, the licensed officers

and certain crewmembers may be divided into not less than two

watches when at sea.

Subsection (h) provides that the licensed operator for a towing

vessel at least 26 feet long may not be required to work more than

12 of 24 hours, except in an emergency.

Subsections (i) and (j) prescribe penalties for violations of the

provisions of this section and, in certain instances, entitles the

seaman to discharge and payment of wages.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-324, Sec. 728(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".

Subsec. (c). Pub. L. 104-324, Sec. 1114(a), struck out "or

permitted" after "required" and inserted "or permitted to work more

than 15 hours in any 24-hour period, or more than 36 hours in any

72-hour period" after "day".

Subsec. (d). Pub. L. 104-324, Sec. 728(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 "100 gross tons" and after

"5,000 gross tons".

Subsec. (e). Pub. L. 104-324, Sec. 1114(b), substituted

"subsection (d)" for "subsections (c) and (d)" in introductory

provisions.

Subsec. (g). Pub. L. 104-324, Sec. 1114(c), struck out "(except a

vessel to which subsection (c) of this section applies)" after "On

a towing vessel".

Subsec. (l)(1). Pub. L. 104-324, Sec. 728(3), 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. (m)(1). Pub. L. 104-324, Sec. 728(4), 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. (o)(1). Pub. L. 104-324, Sec. 728(5), 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 "500 gross

tons".

Subsec. (o)(2). Pub. L. 104-324, Sec. 728(6), 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 "500 gross

tons".

Subsec. (p). Pub. L. 104-324, Sec. 1104(c), amended subsec. (p)

generally. Prior to amendment, subsec. (p) read as follows: "On a

vessel used only to respond to a discharge of oil or a hazardous

substance, the licensed individuals and crewmembers may be divided

into at least two watches when the vessel is engaged in an

operation less than 12 hours in duration."

1993 - Subsec. (g). Pub. L. 103-206, Sec. 322(a)(1), struck out

"a vessel used only to respond to a discharge of oil or a hazardous

substance," after "an offshore supply vessel,".

Subsec. (p). Pub. L. 103-206, Sec. 322(a)(2), added subsec. (p).

1992 - Subsec. (g). Pub. L. 102-587, Sec. 5212(1), inserted "a

vessel used only to respond to a discharge of oil or a hazardous

substance," after "an offshore supply vessel,".

Subsecs. (n), (o). Pub. L. 102-587, Sec. 5212(2), redesignated

subsec. (n), relating to fish tender vessels of not more than 500

gross tons engaged in Aleutian trade, as (o).

1990 - Subsecs. (i), (j). Pub. L. 101-380, Sec. 4302(f),

substituted "$10,000" for "$100" in subsec. (i) and for "$500" in

subsec. (j).

Subsec. (n). Pub. L. 101-595 added subsec. (n) relating to fish

tender vessels of not more than 500 gross tons engaged in Aleutian

trade.

Pub. L. 101-380, Sec. 4114(b), added subsec. (n) relating to

tankers.

1986 - Subsec. (k). Pub. L. 99-307 substituted "watches" for

"watchers".

1984 - Subsec. (b). Pub. L. 98-364, Sec. 402(11)(A), substituted

"100 gross tons (except a fishing, fish processing, or fish tender

vessel)" for "100 gross tons".

Subsec. (c). Pub. L. 98-364, Sec. 402(11)(B), substituted

"fishing, fish processing, fish tender," for "fishing".

Subsec. (d). Pub. L. 98-364, Sec. 402(11)(C), substituted "a

fishing, fish tender, or whaling vessel, a fish processing vessel

of not more than 5,000 gross tons" for "a fishing or whaling

vessel".

Subsec. (k). Pub. L. 98-557 substituted "shall" for "may".

Pub. L. 98-364, Sec. 402(11)(D), added subsec. (k).

Subsec. (l). Pub. L. 98-557 substituted "shall" for "may" in

provisions preceding par. (1).

Pub. L. 98-364, Sec. 402(11)(D), added subsec. (l).

Subsec. (m). Pub. L. 98-364, Sec. 402(11)(D), added subsec. (m).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8702 of this title.

-End-

-CITE-

46 USC Sec. 8105 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 81 - GENERAL

-HEAD-

Sec. 8105. Fishing vessel exemption

-STATUTE-

Notwithstanding any other provision of law, neither the

International Convention on Standards of Training, Certification

and Watchkeeping for Seafarers, 1978, nor any amendment to such

convention, shall apply to a fishing vessel, including a fishing

vessel used as a fish tender vessel.

-SOURCE-

(Added Pub. L. 104-324, title XI, Sec. 1146(a), Oct. 19, 1996, 110

Stat. 3992.)

-MISC1-

PRIOR PROVISIONS

A prior section 8105, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 550,

authorized Secretary to prescribe regulations to carry out this

part prior to repeal by Pub. L. 101-595, title VI, Sec. 603(7)(A),

Nov. 16, 1990, 104 Stat. 2993.

-End-