46 USC Ch. 73: MERCHANT MARINERS' DOCUMENTS
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46 USC Ch. 73: MERCHANT MARINERS' DOCUMENTS
From Title 46—SHIPPINGSubtitle II—Vessels and SeamenPart E—Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73—MERCHANT MARINERS' DOCUMENTS

Sec.
7301.
General.
7302.
Issuing merchant mariners' documents and continuous discharge books.
7303.
Possession and description of merchant mariners' documents.
7304.
Citizenship notation on merchant mariners' documents.
7305.
Oaths for holders of merchant mariners' documents.
7306.
General requirements and classifications for able seamen.
7307.
Able seamen—unlimited.
7308.
Able seamen—limited.
7309.
Able seamen—special.
7310.
Able seamen—offshore supply vessels.
7311.
Able seamen—sail.
7311a.
Able seamen—fishing industry.
7312.
Scale of employment.
7313.
General requirements for members of engine departments.
7314.
Service requirements for qualified members of engine departments.
7315.
Training.
7316.
Lifeboatmen.
7317.
Tankermen.
7318.
Radiotelegraph operators on Great Lakes.
7319.
Records of merchant mariners' documents.

        

Historical and Revision Notes

Chapter 73 establishes the general requirements for the issuance of a merchant mariners' document to those individuals who are required to have a document prior to engagement or employment on certain vessels of the United States.


Editorial Notes

Amendments

1984Pub. L. 98–364, title IV, §402(9)(A), July 17, 1984, 98 Stat. 448, added item 7311a.

§7301. General

(a) In this chapter—

(1) "service on deck" means service in the deck department in work related to the work usually performed on board vessels by able seamen and may include service on fishing, fish processing, fish tender vessels and on public vessels of the United States;

(2) 360 days is equal to one year's service; and

(3) a day is equal to 8 hours of labor or duty.


(b) The Secretary may prescribe regulations to carry out this chapter.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 541; Pub. L. 98–364, title IV, §402(9)(B), July 17, 1984, 98 Stat. 448.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7301 46:672(c)

Section 7301 defines "service on deck", "one year's service" and "day" with respect to the qualifying time for the issuance of various types of endorsements as able seamen. This section also provides the Secretary with the authority to prescribe regulations to carry out this chapter.


Editorial Notes

Amendments

1984—Subsec. (a)(1). Pub. L. 98–364 substituted "fishing, fish processing, fish tender vessels" for "decked fishing vessels".


Statutory Notes and Related Subsidiaries

Merchant Marine Post-Service Career Opportunities

Pub. L. 113–281, title III, §305(d), Dec. 18, 2014, 128 Stat. 3044, provided that: "Not later than 180 days after the date of enactment of this Act [Dec. 18, 2014], the Commandant of the Coast Guard shall take steps to promote better awareness, on an ongoing basis, among Coast Guard personnel regarding post-service use of Coast Guard training, education, and practical experience in satisfaction of requirements for merchant mariner credentials under section 11.213 of title 46, Code of Federal Regulations."

§7302. Issuing merchant mariners' documents and continuous discharge books

(a) The Secretary shall issue a merchant mariner's document to an individual required to have that document under part F of this subtitle if the individual satisfies the requirements of this part. The document serves as a certificate of identification and as a certificate of service, specifying each rating in which the holder is qualified to serve on board vessels on which that document is required under part F.

(b) The Secretary also may issue a continuous discharge book to an individual issued a merchant mariner's document if the individual requests.

(c) The Secretary may not issue a merchant mariner's document under this chapter unless the individual applying for the document makes available to the Secretary, under section 30305(b)(5) of title 49, any information contained in the National Driver Register related to an offense described in section 30304(a)(3)(A) or (B) of title 49 committed by the individual.

(d) The Secretary may review the criminal record of an individual who applies for a merchant mariner's document under this section.

(e) The Secretary shall require the testing of an individual applying for issuance or renewal of a merchant mariner's document under this chapter for the use of a dangerous drug in violation of law or Federal regulation.

(f) Periods of Validity and Renewal of Merchant Mariners' Documents.—

(1) In general.—Except as provided in subsection (g), a merchant mariner's document issued under this chapter is valid for a 5-year period and may be renewed for additional 5-year periods.

(2) Advance renewals.—A renewed merchant mariner's document may be issued under this chapter up to 8 months in advance but is not effective until the date that the previously issued merchant mariner's document expires or until the completion of any active suspension or revocation of that previously issued merchant mariner's document, whichever is later.


(g)(1) The Secretary may, pending receipt and review of information required under subsections (c) and (d), immediately issue an interim merchant mariner's document valid for a period not to exceed 120 days, to—

(A) an individual to be employed as gaming personnel, entertainment personnel, wait staff, or other service personnel on board a passenger vessel not engaged in foreign service, with no duties, including emergency duties, related to the navigation of the vessel or the safety of the vessel, its crew, cargo or passengers; or

(B) an individual seeking renewal of, or qualifying for a supplemental endorsement to, a valid merchant mariner's document issued under this section.


(2) No more than one interim document may be issued to an individual under paragraph (1)(A) of this subsection.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 101–380, title IV, §§4101(b), 4102(c), Aug. 18, 1990, 104 Stat. 509; Pub. L. 107–295, title III, §324(a), Nov. 25, 2002, 116 Stat. 2104; Pub. L. 108–293, title VI, §609(1), Aug. 9, 2004, 118 Stat. 1058; Pub. L. 109–241, title IX, §901(h)(1), (2), July 11, 2006, 120 Stat. 564; Pub. L. 111–281, title VI, §614(a), Oct. 15, 2010, 124 Stat. 2970.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7302 46:239a(c)

46:643(a)

46:643(c)

46:672(i)

Section 7302(a) requires the Secretary to issue a merchant mariner's document to qualified individuals required to have that document as a prerequisite to employment on certain vessels of the United States. The purpose of the document is to serve as positive identification and to specify each rating in which the individual is qualified to serve on vessels.

Subsection (b) allows the Secretary to issue a continuous discharge book to an individual who requests a book.


Editorial Notes

Amendments

2010—Subsec. (f). Pub. L. 111–281 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: "Except as provided in subsection (g), a merchant mariner's document issued under this chapter is valid for 5 years and may be renewed for additional 5-year periods."

2006—Subsec. (c). Pub. L. 109–241, §901(h)(1), amended directory language of Pub. L. 108–293, §609(1). See 2004 Amendment note below.

Pub. L. 109–241, §901(h)(2), inserted "section" before "30305(b)(5)" and before "30304(a)(3)(A)".

2004—Subsec. (c). Pub. L. 108–293, §609(1), as amended by Pub. L. 109–241, §901(h)(1), substituted "30305(b)(5) of title 49" for "section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note)" and "30304(a)(3)(A) or (B) of title 49" for "section 205(a)(3)(A) or (B) of that Act".

2002—Subsec. (f). Pub. L. 107–295, §324(a)(1), substituted "Except as provided in subsection (g), a" for "A".

Subsec. (g). Pub. L. 107–295, §324(a)(2), added subsec. (g).

1990—Subsecs. (c) to (e). Pub. L. 101–380, §4101(b), added subsecs. (c) to (e).

Subsec. (f). Pub. L. 101–380, §4102(c), added subsec. (f).


Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–241, title IX, §901(h)(1), July 11, 2006, 120 Stat. 564, provided that the amendment made by section 901(h)(1) is effective Aug. 9, 2004.

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.

Military to Mariner

Pub. L. 117–263, div. K, title CXV, §11514, Dec. 23, 2022, 136 Stat. 4139, provided that:

"(a) Short Title.—This section may be cited as the 'Military to Mariners Act of 2022'.

"(b) Modification of Sea Service Requirements for Merchant Mariner Credentials for Veterans and Members of the Uniformed Services.—

"(1) Review and regulations.—Notwithstanding any other provision of law, not later than 2 years after the date of enactment of this Act [Dec. 23, 2022], the Secretary shall—

"(A) review and examine—

"(i) the timeframes and impediments for veterans and members of the uniformed services to receive a merchant mariner credential;

"(ii) the classifications of sea service acquired through training and service as a member of the Uniformed Services and level of equivalence such service has with respect to sea service on merchant vessels; and

"(iii) the amount of sea service, including percent of the total time onboard for purposes of equivalent underway service, that will be accepted as required experience for all endorsements for applicants for a merchant mariner credential who are veterans or members of the Uniformed Services; and

"(B) issue new regulations to—

"(i) streamline, ensure the accuracy of, and expedite the transfer, review and acceptance of information pertaining to training and sea time for applicants for a merchant mariner credential who are veterans or members of the Uniformed Services;

"(ii) increase the acceptable percentages of time equivalent to sea service for such applicants pursuant to findings of the review and examination conducted under subparagraph (A); and

"(iii) reduce burdens and create a means of alternative compliance to demonstrate instructor competency for Standards of Training, Certification and Watchkeeping for Seafarers courses.

"(2) Consultation.—In carrying out paragraph (2) [probably should be "paragraph (1)"], the Secretary shall consult with the National Merchant Marine Personnel Advisory Committee and shall take into account the present and future needs of the United States Merchant Marine labor workforce.

"(3) Report.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], the United States Committee on the Marine Transportation System shall submit to the Committees on Commerce, Science, and Transportation and Armed Services of the Senate and the Committees on Transportation and Infrastructure and Armed Services of the House of Representatives, a report that contains an update on the activities carried out to implement—

"(A) the July 2020 report by the Committee on the Marine Transportation System to the White House Office of Trade and Manufacturing Policy on the implementation of Executive Order 13860 (84 Fed. Reg. 8407; relating to supporting the transition of active duty servicemembers and military veterans into the Merchant Marine); and

"(B) section 3511 of the National Defense Authorization Act for Fiscal Year 2020 (46 U.S.C. 3702 [7302] note).

"(c) Assessment of Skillbridge for Employment as a Merchant Mariner.—The Secretary, in collaboration with the Secretary of Defense, shall assess the use of the SkillBridge program of the Department of Defense as a means for transitioning active duty sea service personnel to employment as merchant mariners."

[For definitions of terms used in section 11316 of Pub. L. 117–263, set out above, see section 11002 of Pub. L. 117–263, set out as a note under section 106 of Title 14, Coast Guard, and section 11515 of Pub. L. 117–263, set out below.]

Pub. L. 116–92, div. C, title XXXV, §3511, Dec. 20, 2019, 133 Stat. 1978, provided that:

"(a) Credentialing Support.—Not later than one year after the date of enactment of this title [Dec. 20, 2019], the Secretary of Defense, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy, the Secretary of Commerce, and the Secretary of Health and Human Services, with respect to the applicable services in their respective departments, and in coordination with one another and with the United States Committee on the Marine Transportation System, and in consultation with the Merchant Marine Personnel Advisory Committee, shall, consistent with applicable law, identify all training and experience within the applicable service that may qualify for merchant mariner credentialing and submit a list of all identified training and experience to the United States Coast Guard National Maritime Center for a determination of whether such training and experience counts for credentialing purposes.

"(b) Review of Applicable Service.—The United States Coast Guard Commandant shall make a determination of whether training and experience counts for credentialing purposes, as described in subsection (a), not later than 6 months after the date on which the United States Coast Guard National Maritime Center receives a submission under subsection (a) identifying a training or experience and requesting such a determination.

"(c) Fees and Services.—The Secretary of Defense, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy, and the Secretary of Commerce, with respect to the applicable services in their respective departments, shall—

"(1) take all necessary and appropriate actions to provide for the waiver of fees through the National Maritime Center license evaluation, issuance, and examination for members of the uniformed services on active duty, if a waiver is authorized and appropriate, and, if a waiver is not granted, take all necessary and appropriate actions to provide for the payment of fees for members of the uniformed services on active duty by the applicable service to the fullest extent permitted by law;

"(2) direct the applicable services to take all necessary and appropriate actions to provide for Transportation Worker Identification Credential cards for members of the uniformed services on active duty pursuing or possessing a mariner credential, such as implementation of an equal exchange process for members of the uniformed services on active duty at no or minimal cost;

"(3) ensure that members of the applicable services who are to be discharged or released from active duty and who request certification or verification of sea service be provided such certification or verification no later than one month after discharge or release;

"(4) ensure the applicable services have developed, or continue to operate, as appropriate, the online resource known as Credentialing Opportunities On-Line to support separating members of the uniformed services who are seeking information and assistance on merchant mariner credentialing; and

"(5) not later than 1 year after the date of enactment of this section [Dec. 20, 2019], take all necessary and appropriate actions to review and implement service-related medical certifications to merchant mariner credential requirements.

"(d) Advancing Military to Mariner Within the Employer Agencies.—

"(1) In general.—The Secretary of Defense, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy, and the Secretary of Commerce shall have direct hiring authority to employ separated members of the uniformed services with valid merchant mariner licenses or sea service experience in support of United States national maritime needs, including the Army Corps of Engineers, U.S. Customs and Border Protection, and the National Oceanic and Atmospheric Administration.

"(2) Appointments of retired members of the armed forces.—Except in the case of positions in the Senior Executive Service, the requirements of section 3326(b) of title 5, United States Code, shall not apply with respect to the hiring of a separated member of the uniformed services under paragraph (1).

"(e) Separated Member of the Uniformed Services.—In this section, the term 'separated member of the uniformed services' means an individual who—

"(1) is retiring or is retired as a member of the uniformed services;

"(2) is voluntarily separating or voluntarily separated from the uniformed services at the end of enlistment or service obligation; or

"(3) is administratively separating or has administratively separated from the uniformed services with an honorable or general discharge characterization."

Radar Refresher Training

Pub. L. 115–282, title VIII, §829, Dec. 4, 2018, 132 Stat. 4314, provided that: "Not later than 60 days after the date of enactment of this Act [Dec. 4, 2018], the Secretary of the department in which the Coast Guard is operating shall prescribe a final rule eliminating the requirement that a mariner actively using the mariner's credential complete an approved refresher or recertification course to maintain a radar observer endorsement. This rulemaking shall be exempt from chapters 5 and 6 of title 5, United States Code, and Executive Orders 12866 and 13563 [5 U.S.C. 601 notes]."

Merchant Mariner Credential Expiration Harmonization

Pub. L. 114–120, title III, §304, Feb. 8, 2016, 130 Stat. 53, provided that:

"(a) In General.—Except as provided in subsection (c) and not later than 1 year after the date of the enactment of this Act [Feb. 8, 2016], the Secretary of the department in which the Coast Guard is operating shall establish a process to harmonize the expiration dates of merchant mariner credentials, mariner medical certificates, and radar observer endorsements for individuals applying to the Secretary for a new merchant mariner credential or for renewal of an existing merchant mariner credential.

"(b) Requirements.—The Secretary shall ensure that the process established under subsection (a)—

"(1) does not require an individual to renew a merchant mariner credential earlier than the date on which the individual's current credential expires; and

"(2) results in harmonization of expiration dates for merchant mariner credentials, mariner medical certificates, and radar observer endorsements for all individuals by not later than 6 years after the date of the enactment of this Act [Feb. 8, 2016].

"(c) Exception.—The process established under subsection (a) does not apply to individuals—

"(1) holding a merchant mariner credential with—

"(A) an active Standards of Training, Certification, and Watchkeeping endorsement; or

"(B) Federal first-class pilot endorsement; or

"(2) who have been issued a time-restricted medical certificate."

Crediting of United States Armed Forces Service, Training, and Qualifications

Pub. L. 113–281, title III, §305(c), Dec. 18, 2014, 128 Stat. 3044, provided that:

"(1) Maximizing creditability.—The Secretary of the department in which the Coast Guard is operating, in implementing United States merchant mariner license, certification, and document laws and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, shall maximize the extent to which United States Armed Forces service, training, and qualifications are creditable toward meeting the requirements of such laws and such Convention.

"(2) Notification.—Not later than 90 days after the date of enactment of this Act [Dec. 18, 2014], the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the steps taken to implement this subsection."

Merchant Mariners' Documents Pilot Program

Pub. L. 108–293, title VI, §611, Aug. 9, 2004, 118 Stat. 1058, provided that: "The Secretary of the department in which the Coast Guard is operating may conduct a pilot program to demonstrate methods to improve processes and procedures for issuing merchant mariners' documents."

Termination of Existing Licenses, Certificates, and Documents; Applicability of 1990 Amendment

For provisions that a merchant mariner's document issued before Aug. 18, 1990, terminates on the day it would have expired if the amendment to this section by section 4102(c) of Pub. L. 101–380 were in effect on date it was issued and was renewed at the end of each 5-year period under this section, see section 4102(d) of Pub. L. 101–380, set out as a note under section 7106 of this title.

Definitions

Pub. L. 117–263, div. K, title CXV, §11515, Dec. 23, 2022, 136 Stat. 4141, provided that:

"In this subtitle [subtitle B (§§11511–11515) of title CXV of Pub. L. 117–263, enacting provisions set out as notes under this section and section 7502 of this title]:

"(1) Credentialed mariner.—The term 'credentialed mariner' means an individual with a merchant mariner credential.

"(2) Merchant mariner credential.—The term 'merchant mariner credential' has the meaning given such term in section 7510(d) of title 46, United States Code.

"(3) Uniformed services.—The term 'uniformed services' has the meaning given the term 'uniformed services' in section 2101 of title 5, United States Code."

§7303. Possession and description of merchant mariners' documents

A merchant mariner's document shall be retained by the individual to whom issued. The document shall contain the signature, notations of nationality, age, and physical description, the photograph, and the home address of the individual. In addition, the document shall specify the rate or ratings in which the individual is qualified to serve.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 107–295, title IV, §421, Nov. 25, 2002, 116 Stat. 2125; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(b)(3), Jan. 1, 2021, 134 Stat. 4751.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7303 46:643(a)

Section 7303 requires seamen to retain their merchant mariner's documents. It also specifies the information that is to be contained in the document.


Editorial Notes

Amendments

2021Pub. L. 116–283 substituted "individual" for "seaman" wherever appearing.

2002Pub. L. 107–295 struck out "the thumbprint," after "photograph,".

§7304. Citizenship notation on merchant mariners' documents

An individual applying for a merchant mariner's document shall provide satisfactory proof that the individual is a citizen of the United States before that notation is made on the document.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 542.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7304 46:643(b)

Section 7304 specifies, that before a merchant mariner's document is noted to specify that the individual is a U.S. citizen, the individual must provide satisfactory proof that he is a citizen. This does not impose a requirement of United States citizenship as a condition for issuance of a document.

§7305. Oaths for holders of merchant mariners' documents

An applicant for a merchant mariner's document shall take, before issuance of the document, an oath that the applicant will perform faithfully and honestly all the duties required by law, and will carry out the lawful orders of superior officers.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 542.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7305 ..............................................

The requirement for an oath, drawn from a clause which had appeared in 46 U.S.C. 672(g), and administered by the Coast Guard to all applicants, was repealed in a 1980 amendment by section 4 of Public Law 96–378 (94 Stat. 1516). Since no specific comment was made regarding the elimination in 1980 and the agency has continued to administer an oath to all applicants, this provision is being reinstated. The Committee believes the oath will contribute to the discipline and order necessary in the merchant marine.

§7306. General requirements and classifications for able seamen

(a) To qualify for an endorsement as able seaman authorized by this section, an applicant must provide satisfactory proof that the applicant—

(1) is at least 18 years of age;

(2) has the service required by the applicable section of this part;

(3) is qualified professionally as demonstrated by an applicable examination or educational requirements; and

(4) is qualified as to sight, hearing, and physical condition to perform the seaman's duties.


(b) The classifications authorized for endorsement as able seaman are the following:

(1) able seaman—unlimited.

(2) able seaman—limited.

(3) able seaman—special.

(4) able seaman—offshore supply vessels.

(5) able seaman—sail.

(6) able seaman—fishing industry.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 98–364, title IV, §402(9)(C), July 17, 1984, 98 Stat. 448.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7306 46:672(b)

Section 7306(a) establishes the minimum requirements an individual must meet before being issued a merchant mariner's document endorsed for able seamen.

Subsection (b) establishes the classifications of able seamen—unlimited, able seamen—limited, able seamen—special, able seamen—offshore supply vessels, and able seamen—sail.


Editorial Notes

Amendments

1984—Subsec. (b)(6). Pub. L. 98–364 added par. (6).


Statutory Notes and Related Subsidiaries

Effective Date

Provisions of this section (related to able seaman—sail) effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.

Acceptance of Certain Services Toward Endorsement as Able Seaman

Pub. L. 101–595, title VI, §602(e)(3), Nov. 16, 1990, 104 Stat. 2992, provided that: "For the purposes of chapter 73 of title 46, United States Code, the Secretary of Transportation shall accept the service used by an individual to qualify for an endorsement as able seaman—fishing industry as qualifying service toward an endorsement as an able seaman—

"(A) under sections 7307 and 7309 of that title; or

"(B) if the service is on board a vessel of at least 100 gross tons, under section 7308 of that title."

§7307. Able seamen—unlimited

The required service for the endorsement of able seaman—unlimited, qualified for unlimited service on a vessel on any waters, is at least 3 years' 1 service on deck on board vessels operating at sea or on the Great Lakes.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7307 46:672(b)(1)

Section 7307 requires individuals to have at least 3 years service on deck on vessels operating at sea or on the Great Lakes before their merchant mariner's documents can be endorsed as able seamen—unlimited.


Statutory Notes and Related Subsidiaries

Temporary Reduction of Lengths of Certain Periods of Service

Pub. L. 118–31, div. C, title XXXV, §3534(j), Dec. 22, 2023, 137 Stat. 833, provided that: "For the 3-year period beginning on the date of enactment of this Act [Dec. 22, 2023]—

"(1) section 7307 of title 46, United States Code, shall be applied by substituting '18 months' for '3 years';

"(2) section 7308 of such title shall be applied by substituting '12 months' for '18 months'; and

"(3) section 7309 of such title shall be applied by substituting '6 months' for '12 months'."

Acceptance of Certain Services Toward Endorsement as Able Seaman

Service used to qualify for endorsement as able seaman—fishing industry to be accepted as qualifying service toward an endorsement under this section, see section 602(e)(3) of Pub. L. 101–595, set out as a note under section 7306 of this title.

1 See Temporary Reduction of Lengths of Certain Periods of Service note below.

§7308. Able seamen—limited

The required service for the endorsement of able seaman—limited, qualified for limited service on a vessel on any waters, is at least 18 months' 1 service on deck on board vessels 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 operating on the oceans or navigable waters of the United States (including the Great Lakes).

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 104–324, title VII, §721, Oct. 19, 1996, 110 Stat. 3938.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7308 46:672(b)(2)

Section 7308 establishes the minimum service requirements for an individual to qualify for an endorsement as able seamen—limited.


Editorial Notes

Amendments

1996Pub. 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".


Statutory Notes and Related Subsidiaries

Temporary Reduction of Lengths of Certain Periods of Service

Section to be applied by substituting "12 months" for "18 months" for the 3-year period beginning on Dec. 22, 2023, see section 3534(j) of Pub. L. 118–31, set out as a note under section 7307 of this title.

Acceptance of Certain Services Toward Endorsement as Able Seaman

Service used to qualify for endorsement as able seaman—fishing industry to be accepted as qualifying service toward an endorsement under this section, see section 602(e)(3) of Pub. L. 101–595, set out as a note under section 7306 of this title.

1 See Temporary Reduction of Lengths of Certain Periods of Service note below.

§7309. Able seamen—special

The required service for the endorsement of able seaman—special, qualified for special service on a vessel on any waters, is at least 12 months' 1 service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes).

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7309 46:672(b)(3)

Section 7309 establishes the minimum service requirements for an individual to qualify as able seamen—special.


Statutory Notes and Related Subsidiaries

Temporary Reduction of Lengths of Certain Periods of Service

Section to be applied by substituting "6 months" for "12 months" for the 3-year period beginning on Dec. 22, 2023, see section 3534(j) of Pub. L. 118–31, set out as a note under section 7307 of this title.

Acceptance of Certain Services Toward Endorsement as Able Seaman

Service used to qualify for endorsement as able seaman—fishing industry to be accepted as qualifying service toward an endorsement under this section, see section 602(e)(3) of Pub. L. 101–595, set out as a note under section 7306 of this title.

1 See Temporary Reduction of Lengths of Certain Periods of Service note below.

§7310. Able seamen—offshore supply vessels

For service on a vessel of less 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 support of exploration, exploitation, or production of offshore mineral or energy resources, an individual may be rated as able seaman—offshore supply vessels if the individual has at least 6 months' service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes).

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 104–324, title VII, §722, Oct. 19, 1996, 110 Stat. 3938.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7310 46:672(b)(3)

Section 7310 establishes the minimum service requirements for an individual to serve as able seamen—offshore supply vessels on vessels of less than 500 gross tons engaged in the exploration, exploitation, or production of offshore mineral or energy resources.


Editorial Notes

Amendments

1996Pub. 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 "500 gross tons".

§7311. Able seamen—sail

For service on a sailing school vessel on any waters, an individual may be rated as able seaman—sail if the individual has at least 6 months' service on deck on sailing school vessels, oceanographic research vessels powered primarily by sail, or equivalent sailing vessels operating on the oceans or navigable waters of the United States (including the Great Lakes).

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7311 46:672(b)(4)

Section 7311 establishes the minimum service requirements for an individual to qualify as able seamen—sail on board sailing vessels.


Statutory Notes and Related Subsidiaries

Effective Date

Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.

§7311a. Able seamen—fishing industry

For service on a fish processing vessel, an individual may be rated as able seaman—fishing industry if the individual has at least 6 months' service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes).

(Added Pub. L. 98–364, title IV, §402(9)(D), July 17, 1984, 98 Stat. 448.)

§7312. Scale of employment

(a) Individuals qualified as able seamen—unlimited under section 7307 of this title may constitute all of the able seamen required on a vessel.

(b) Individuals qualified as able seamen—limited under section 7308 of this title may constitute all of the able seamen required on a 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 or on a vessel operating on the Great Lakes and the Saint Lawrence River as far east as Sept Iles. Individuals qualified as able seamen—limited may constitute not more than 50 percent of the number of able seamen required on board other vessels.

(c) Individuals qualified as able seamen—special under section 7309 of this title may constitute—

(1) all of the able seamen required on a 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 or on a seagoing barge or towing vessel; and

(2) not more than 50 percent of the number of able seamen required on board other vessels.


(d) Individuals qualified as able seamen—offshore. supply vessel under section 7310 of this title may constitute all of the able seamen required on board a vessel of less than 500 gross tons as measured under section 14502 of this title or 6,000 gross tons as measured under section 14302 of this title engaged in support of exploration, exploitation, or production of offshore mineral or energy resources. Individuals qualified as able seamen—limited under section 7308 of this title may constitute all of the able seamen required on board a vessel of at least 500 gross tons as measured under section 14502 of this title or 6,000 gross tons as measured under section as measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title engaged in support of exploration, exploitation, or production of offshore mineral or energy resources.

(e) When the service of able seamen—limited or able seamen—special is authorized for only a part of the required number of able seamen on board a vessel, the combined percentage of those individuals so qualified may not be greater than 50 percent of the required number.

(f) Individuals qualified as able seamen—fishing industry under section 7311a of this title may constitute—

(1) all of the able seamen required on a fish processing vessel entered into service before January 1, 1988, and of more than 1,600 gross tons but 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; and

(2) all of the able seamen required on a fish processing vessel entered into service after December 31, 1987, and having more than 16 individuals on board primarily employed in the preparation of fish or fish products but 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.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 98–364, title IV, §402(9)(E), July 17, 1984, 98 Stat. 448; Pub. L. 99–307, §1(11), May 19, 1986, 100 Stat. 445; Pub. L. 104–324, title VII, §723, Oct. 19, 1996, 110 Stat. 3938; Pub. L. 111–281, title VI, §617(b), Oct. 15, 2010, 124 Stat. 2973.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7312 46:672(f)

Section 7312(a) provides that able seamen—unlimited may constitute all of the able seamen required on a vessel.

Subsection (b) provides that able seamen—limited may constitute 100 percent of the able seamen required on board vessels of less than 600 gross tons operating on the Great Lakes and 50 percent of the number of able seamen required on the larger vessels.

Subsection (c) provides that able seamen—special may constitute 100 percent of the able seamen required on vessels not more than 500 gross tons, or a seagoing barge or towing vessel. Able seamen—special may only constitute up to 50 percent of the number of able seamen required on other vessels.

Subsection (d) provides that able seamen—offshore supply vessels may constitute 100 percent of the number of able seamen required on vessels of less than 500 gross tons engaged in support of exploration, exploitation, or production of offshore mineral or energy facilities. They may not serve on board other vessels as an able seaman until they have the appropriate required document.

Subsection (e) provides that the total number of able seamen—limited or able seamen—special may not be greater than 50 percent of the required number of able seamen on a vessel.


Editorial Notes

Amendments

2010—Subsec. (d). Pub. L. 111–281 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "Individuals qualified as able seamen—offshore supply vessels under section 7310 of this title may constitute all of the able seamen required on board a vessel of less 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 support of exploration, exploitation, or production of offshore mineral or energy resources."

1996—Subsec. (b). Pub. L. 104–324, §723(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 "1,600 gross tons".

Subsec. (c)(1). Pub. L. 104–324, §723(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 "500 gross tons".

Subsec. (d). Pub. L. 104–324, §723(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 "500 gross tons".

Subsec. (f)(1). Pub. L. 104–324, §723(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 "5,000 gross tons".

Subsec. (f)(2). Pub. L. 104–324, §723(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 "5,000 gross tons".

1986—Subsec. (e). Pub. L. 99–307 substituted "able seamen—limited" for "able seaman—limited".

1984—Subsec. (f). Pub. L. 98–364 added subsec. (f).

§7313. General requirements for members of engine departments

(a) Classes of endorsement as qualified members of the engine department on vessels 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 vessels operating on rivers or lakes (except the Great Lakes)) may be prescribed by regulation.

(b) The ratings of wiper and coal passer are entry ratings and are not ratings as qualified members of the engine department.

(c) An applicant for an endorsement as qualified member of the engine department must provide satisfactory proof that the applicant—

(1) has the service required by section 7314 of this title;

(2) is qualified professionally as demonstrated by an applicable examination; and

(3) is qualified as to sight, hearing, and physical condition to perform the member's duties.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544; Pub. L. 104–324, title VII, §724, Oct. 19, 1996, 110 Stat. 3939.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7313 46:672(g)

Section 7313(a) authorizes the Secretary to establish classes of endorsement for qualified members of the engine department on vessels of 100 gross tons or more (except on vessels operating on rivers and lakes (except the Great Lakes)).

Subsection (b) establishes the entry ratings of wiper and coal passer, but specifically excludes them as qualified members of the engine department.

Subsection (c) establishes the minimum qualifications individuals must meet in order to have their documents endorsed as a qualified member of engine department.


Editorial Notes

Amendments

1996—Subsec. (a). 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".

§7314. Service requirements for qualified members of engine departments

To qualify for an endorsement as qualified member of the engine department, an applicant must provide proof that the applicant has 6 months' service in the related entry rating as described in section 7313(b) of this title.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7314 46:672(g)

Section 7314 requires individuals who wish to have their documents endorsed as a qualified member of the engine department must have at least 6 months service as a wiper or coal passer.

§7315. Training

(a) Graduation from a nautical school vessel approved under law and regulation may be substituted for the service requirements under section 7307 or 7314 of this title.

(b) The satisfactory completion of other courses of instruction approved by the Secretary may be substituted for not more than one-third of the required service on deck at sea under sections 7307–7311 of this title.

(c) The satisfactory completion of other courses of instruction approved by the Secretary may be substituted for not more than one-half of the required service at sea under section 7314 of this title.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7315 46:672(c)

Section 7315 specifies the training or course work that may be substituted for service requirements for an endorsement as an able seaman or a qualified member of the engine department.

§7316. Lifeboatmen

To qualify for an endorsement as lifeboatman, an applicant must provide satisfactory proof that the applicant—

(1) has the service or training required by regulation;

(2) is qualified professionally as demonstrated by examination; and

(3) is qualified professionally by actual demonstration.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7316 46:643(l)

Section 7316 establishes the minimum standards an individual must meet in order to qualify for an endorsement as lifeboatman.

§7317. Tankermen

(a) The Secretary shall prescribe procedures, standards, and qualifications for the issuance of certificates or endorsements as tankerman, stating the types of oil or hazardous material that can be handled with safety to the vessel and the marine environment.

(b) An endorsement as tankerman shall indicate the grades or types of cargo the holder is qualified and authorized to handle with safety on board vessels.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7317(a) 46:391a(10)(C)

Section 7317(a) establishes the minimum standards an individual must meet in order to qualify for an endorsement as tankerman for various types of oil or hazardous substances.

Subsection (b) specifies that the tankerman's endorsement must specify the grades or types of cargo the holder is qualified and allowed to handle.

§7318. Radiotelegraph operators on Great Lakes

(a) A radiotelegraph operator on the Great Lakes only shall have a first-class or second-class radiotelegraph operator's license issued by the Federal Communications Commission.

(b) An endorsement as radiotelegraph operator on the Great Lakes only ends if the holder ceases to hold the license issued by the Commission.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7318 46:229c

46:229g

46:643(a)

Section 7318 specifies that radiotelegraph operators on the Great Lakes shall have a first-class or second-class radiotelegraph operator's license issued by the FCC and need not be licensed as a radio operator by the Coast Guard. However, an endorsement as radio telegraph operator has to be noted on his merchant mariners' document. If the holder ceases to have a valid FCC license, then the endorsement is terminated automatically without recourse to suspension and revocation proceedings.

§7319. Records of merchant mariners' documents

The Secretary shall maintain records on each merchant mariner's document issued, including the name and address of the individual to whom issued and the next of kin of the individual.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 108–293, title IV, §403, Aug. 9, 2004, 118 Stat. 1043; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(b)(4), Jan. 1, 2021, 134 Stat. 4751.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7319 46:643(f)

Section 7319 requires the Secretary to maintain records on each merchant mariner's document issued and the seaman's next of kin. However, these records are not open for general or public inspection.


Editorial Notes

Amendments

2021Pub. L. 116–283 substituted "individual" for "seaman" in two places.

2004Pub. L. 108–293 struck out at end "The records are not open to general or public inspection."