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46 U.S.C. § 9308 — Penalties

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 9308 — Penalties

**(a)** An owner, charterer, managing operator, agent, master, or individual in charge of a vessel knowingly allowing the vessel to be operated in violation of [section 9302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section9302&num=0&edition=prelim) is liable to the United States Government for a civil penalty of no more than $10,000 for each day during which the vessel is in violation. The vessel also is liable in rem for the penalty. **(b)** An individual who directs the navigation of a vessel in violation of [section 9302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section9302&num=0&edition=prelim) is liable to the Government for a civil penalty of no more than $10,000 for each day during which the violation occurs. **(c)** A person violating a regulation prescribed under [section 9303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section9303&num=0&edition=prelim) is liable to the Government for a civil penalty of no more than $10,000.

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Stable record: federal_law:legal_authorities:record_usc_5566bc6a2455b973cd543507
Source file: Laws/federal/codes/united-states-code/title-46/section-9308-penalties--fa9022d254.md
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Source location: Title 46, Chapter 93, § 9308; chapter-093-great-lakes-pilotage.md

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**(a)** An owner, charterer, managing operator, agent, master, or individual in charge of a vessel knowingly allowing the vessel to be operated in violation of [section 9302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section9302&num=0&edition=prelim) is liable to the United States Government for a civil penalty of no more than $10,000 for each day during which the vessel is in violation. The vessel also is liable in rem for the penalty. **(b)** An individual who directs the navigation of a vessel in violation of [section 9302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section9302&num=0&edition=prelim) is liable to the Government for a civil penalty of no more than $10,000 for each day during which the violation occurs. **(c)** A person violating a regulation prescribed under [section 9303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section9303&num=0&edition=prelim) is liable to the Government for a civil penalty of no more than $10,000.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 9303 — United States registered pilot service

**(a)** The Secretary shall prescribe by regulation standards of competency to be met by each applicant for registration under this chapter. An applicant must— (1) have a license as master, mate, or pilot issued under [section 7101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7101&num=0&edition=prelim); (2) have acquired at least 24 months licensed service or equivalent experience on vessels or integrated towing vessels and tows of at least 4,000 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim), operating on the Great Lakes or oceans, with a minimum of 6 months of that service or experience having been on the Great Lakes; and (3) agree that, if appointed as a United States registered pilot, the applicant will be available for service when required. **(b)** The Secretary shall issue to each registered pilot under this chapter a certificate of registration describing the areas within which the pilot may serve. The pilot shall carry the certificate when in the service of a vessel. **(c)** The Secretary shall prescribe by regulation the duration of validity of registration. **(d)** The Secretary may prescribe by regulation the conditions for service by United States registered pilots, including availability for service. **(e)** Subject to sections 551–559 of title 5, the

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 9302 — Great Lakes pilots required

**(a)** (1) Except as provided in subsections (d), (e), and (f) of this section, each vessel of the United States operating on register and each foreign vessel shall engage a United States or Canadian registered pilot for the route being navigated who shall— (A) in the Straits of Mackinac and in all other waters of the Great Lakes designated by the President, direct the navigation of the vessel subject to the customary authority of the master; and (B) in waters of the Great Lakes not designated by the President, be on board and available to direct the navigation of the vessel at the discretion of and subject to the customary authority of the master. (2) The President shall make water designations under this subsection with regard to the public interest, the effective use of navigable waters, marine safety, and the foreign relations of the United States. **(b)** A member of the complement of a vessel of the United States operating on register or of a vessel of Canada may serve as the pilot required on waters not designated by the President if the member is licensed under [section 7101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7101&num=0&edition=prelim), or under equivalent provisions of Canadian law, to direct the navigation of the vessel on the waters being navigated. **(c)** The authority extended under subsections (a) and (b) of this section to a Canadian registered pilot or other Canadian licensed officer to serve on certain vessels in United States waters of the Great Lakes shall continue as long as Canada extends reciprocity to United States registered pilots and other individuals licensed by the United States for pilotage service in Canadian waters of the Great Lakes. **(d)** A vessel may be operated on t

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2701 — Definitions

For the purposes of this Act, the term— (1) “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight; (2) “barrel” means 42 United States gallons at 60 degrees fahrenheit; (3) “claim” means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident; (4) “claimant” means any person or government who presents a claim for compensation under this subchapter; (5) “damages” means damages specified in [section 2702(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b&num=0&edition=prelim), and includes the cost of assessing these damages; (6) “deepwater port” is a facility licensed under the Deepwater Port Act of 1974 ([33 U.S.C. 1501–152](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1501–152&num=0&edition=prelim)4); (7) “discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping; (8) “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; (9) “facility” means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drill

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 9308 — Penalties

Page 174 TITLE 46—SHIPPING § 9308 (B) travel or transportation expenses under section 5703 of title 5, United States Code. (2) A member of the Committee shall not be considered to be an officer or employee of the United States for any purpose based on their re- ceipt of any payment under this subsection. (f)(1) Chapter 10 of title 5 applies to the Com- mittee, except that the Committee terminates on September 30, 2030. (2) 2 years before the termination date set forth in paragraph (1) of this subsection, the Committee shall submit to the Congress its rec- ommendation regarding whether the Committee should be renewed and continued beyond the ter- mination date. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 559; Pub. L. 105–383, title III, § 303, Nov. 13, 1998, 112 Stat. 3418; Pub. L. 106–554, § 1(a)(4) [div. A, § 1118], Dec. 21, 2000, 114 Stat. 2763, 2763A–209; Pub. L. 108–293, title IV, § 418(d), Aug. 9, 2004, 118 Stat. 1049; Pub. L. 109–304, § 15(23), Oct. 6, 2006, 120 Stat. 1704; Pub. L. 111–281, title VI, § 621(a), Oct. 15, 2010, 124 Stat. 2976; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8334(a), Jan. 1, 2021, 134 Stat. 4705; Pub. L. 117–286, § 4(a)(291), Dec. 27, 2022, 136 Stat. 4337.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 9307 .............................................. 46:216h Section 9307 permits the Secretary to establish a Great Lakes Pilotage Advisory Committee. This Com- mittee is to be established consistent with the Federal Advisory Committee Act (P.L. 92–463; 5 App. U.S.C.) and with the requirements imposed by section 19 [118(e)] of P.L. 97–322 (14 U.S.C. 631 note). Subsection (a) authorizes the Committee to review and make recommendations on Great Lakes pilotage regulation and

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