CHAPTER 87 —UNLICENSED PERSONNEL
Historical and Revision Notes
Editorial Notes
Amendments
1988—
§8701. Merchant mariners' documents required
(a) This section applies to a merchant vessel of at least 100 gross tons as measured under
(1) a vessel operating only on rivers and lakes (except the Great Lakes);
(2) a barge (except a seagoing barge or a barge to which
(3) a fishing, fish tender, or whaling vessel or a yacht;
(4) a sailing school vessel with respect to sailing school instructors and sailing school students;
(5) an oceanographic research vessel with respect to scientific personnel;
(6) a fish processing vessel entered into service before January 1, 1988, and not more than 1,600 gross tons as measured under
(7) a fish processing vessel (except a vessel to which clause (6) of this subsection applies) with respect to individuals on board primarily employed in the preparation of fish or fish products or in a support position not related to navigation;
(8) a mobile offshore drilling unit with respect to individuals, other than crew members required by the certificate of inspection, engaged on board the unit for the sole purpose of carrying out the industrial business or function of the unit;
(9) a passenger vessel not engaged in a foreign voyage with respect to individuals on board employed for a period of not more than 30 service days within a 12 month period as entertainment personnel, with no duties, including emergency duties, related to the navigation of the vessel or the safety of the vessel, its crew, cargo or passengers; and
(10) the Secretary may prescribe the individuals required to hold a merchant mariner's document serving onboard an oil spill response vessel.
(b) A person may not engage or employ an individual, and an individual may not serve, on board a vessel to which this section applies if the individual does not have a merchant mariner's document issued to the individual under
(c) On a vessel to which
(d) A person (including an individual) violating this section is liable to the United States Government for a civil penalty of $500.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 8701 | 46:444 46:643 46:643a 46:672 |
Section 8701 requires an individual to have a merchant mariner's document before that individual can be engaged or employed on certain vessels.
Subsection (a) makes this documentation requirement applicable to United States merchant vessels of at least 100 gross tons except for certain inland vessels and barges, fishing or whaling vessels, yachts, and, in certain circumstances, to sailing school vessels or oceanographic research vessels.
Subsection (b) prohibits the engagement or employment of an individual required to have a document prescribed under section 7302 if the individual does not have one. Except for licensed or registered individuals, the document must specify the capacity in which the individual is engaged or employed.
Subsection (c) requires an individual to exhibit the required document to the master, if not otherwise required to do so in some other manner before that individual may be employed.
Subsection (d) prescribes the penalty for violation of this section.
Editorial Notes
Amendments
2002—Subsec. (a)(9), (10).
1996—Subsec. (a).
Subsec. (a)(6).
Subsec. (a)(9).
1986—Subsec. (a)(8).
1984—Subsec. (a)(3).
Subsec. (a)(6), (7).
Statutory Notes and Related Subsidiaries
Non-Operating Individual
"(a)
"(1) A vessel with respect to individuals, other than crew members required by the Certificate of Inspection or to ensure the safe navigation of the vessel and not a member of the steward's department, engaged on board for the sole purpose of carrying out spill response activities, salvage, marine firefighting, or commercial diving business or functions from or on any vessel, including marine firefighters, spill response personnel, salvage personnel, and commercial divers and diving support personnel.
"(2) An offshore supply vessel, an industrial vessel (as such term is defined in section 90.10–16 of title 46, Code of Federal Regulations), or other similarly engaged vessel with respect to persons engaged in the business of the ship on board the vessel—
"(A) for—
"(i) supporting or executing the industrial business or function of the vessel;
"(ii) brief periods to conduct surveys or investigations, assess crew competence, conduct vessel trials, provide extraordinary security resources, or similar tasks not traditionally performed by the vessel crew; or
"(iii) performing maintenance tasks on equipment under warranty, or on equipment not owned by the vessel owner, or maintenance beyond the capability of the vessel crew to perform; and
"(B) not the master or crew members required by the certificate of inspection and not a member of the steward's department.
"(b)
§8702. Certain crew requirements
(a) This section applies to a vessel of at least 100 gross tons as measured under
(1) a vessel operating only on rivers and lakes (except the Great Lakes);
(2) a barge (except a seagoing barge or a barge to which
(3) a fishing, fish tender, or whaling vessel (except a fish tender vessel engaged in the Aleutian trade) or a yacht;
(4) a sailing school vessel with respect to sailing school instructors and sailing school students;
(5) an oceanographic research vessel with respect to scientific personnel;
(6) a fish processing vessel entered into service before January 1, 1988, and not more than 1,600 gross tons as measured under
(7) a fish processing vessel (except a vessel to which clause (6) of this subsection applies) with respect to individuals on board primarily employed in the preparation of fish or fish products or in a support position not related to navigation.
(b) A vessel may operate only if at least—
(1) 75 percent of the crew in each department on board is able to understand any order spoken by the officers, and
(2) 65 percent of the deck crew (excluding licensed individuals) have merchant mariners' documents endorsed for a rating of at least able seaman, except that this percentage may be reduced to 50 percent—
(i) on a vessel permitted under
(ii) on a fish tender vessel engaged in the Aleutian trade.
(c) An able seaman is not required on a towing vessel operating on bays and sounds connected directly with the seas.
(d) An individual having a rating of less than able seaman may not be permitted at the wheel in ports, harbors, and other waters subject to congested vessel traffic, or under conditions of reduced visibility, adverse weather, or other hazardous circumstances.
(e) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of $10,000.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 8702 | 46:643 46:672 |
Section 8702 specifies certain crew requirements.
Subsection (a) applies this section to the same vessels to which section 8701 applies.
Subsection (b) requires that 75 percent of the crew in each department on board a vessel understand any order spoken by the officers and that 65 percent of the deck crew be at least able seamen, except for the licensed officers. For 2-watch system vessels under section 8104, the 65-percent deck crew requirement may be reduced to 50 percent.
Subsection (c) exempts certain inland towing vessels from the able seaman requirement.
Subsection (d) prohibits anyone having a rating of less than able seamen from serving as a helmsman in congested vessel traffic or under hazardous conditions.
Subsection (e) prescribes the penalty for violation of this section.
Editorial Notes
Amendments
1996—Subsec. (a).
Subsec. (a)(6).
1990—Subsec. (a)(3).
Subsec. (b)(2).
Subsec. (e).
1988—Subsec. (b).
1984—Subsec. (a)(3).
Subsec. (a)(6), (7).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendments
Amendment by section 602(e)(2)(A) of
Amendment by
Exemption of Certain Fish Processing Vessels
Certain fish processing vessels exempt from crew requirements of subsec. (b) of this section, see section 403(b) of
§8703. Tankermen on tank vessels
(a) A vessel of the United States to which
(b) A vessel to which
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 8703(a) | 46:391a(10)(A) |
| 8703(b) | 46:391a(10)(C) |
| 8703(c) | 46:391a(4)(B) |
Section 8703 sets requirements for tankermen on board vessels carrying oil or hazardous material in bulk as cargo or cargo residue.
Subsection (a) requires a specified number of the crew certified as tankermen on board these vessels and a notation be made to that effect on the vessel's certificate of inspection. A tankerman is an individual who is experienced and trained in the procedures for transferring oil or hazardous material to or from a vessel and is responsible for carrying out these duties and responsibilities.
Subsection (b) authorizes the Secretary to regulate tankermen and restrict the types of oil or hazardous materials on the basis of safety to the vessel and the marine environment.
Subsection (c) requires a tankerman or licensed master, pilot, engineer, or operator to be present and in charge of a transfer of oil or hazardous material on certain vessels in the service of oil exploitation. If this individual is not on board, then the tank vessel requirements of
Editorial Notes
Amendments
2018—Subsecs. (b), (c).
1984—Subsec. (b).
§8704. Alien deemed to be employed in the United States
An alien is deemed to be employed in the United States for purposes of section 274A of the Immigration and Nationality Act (
(1) is a vessel of the United States engaged in the fisheries in the navigable waters of the United States or the exclusive economic zone; and
(2) is not engaged in fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (
(Added
Editorial Notes
Amendments
1996—Par. (2).