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46 U.S.C. § 8104 — Watches

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

46 U.S.C. § 8104 — Watches

**(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](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) (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, an individual 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. **

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Stable record: federal_law:legal_authorities:record_usc_dc7c14dfbecb1d56fe0315ee
Source file: Laws/federal/codes/united-states-code/title-46/section-8104-watches--43d5aa2e79.md
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Source location: Title 46, Chapter 81, § 8104; chapter-081-general.md

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**(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](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) (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, an individual 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](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) (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](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), yacht, or vessel engaged in salvage operations), the licensed individuals, sailors, and oilers 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. An individual 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) an individual 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) an individual 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)** (1) 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 may be divided, when at sea, into at least 2 watches. (2) Paragraph (1) applies to an offshore supply vessel of at least 6,000 gross tons as measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) if the individuals engaged on the vessel are in compliance with hours of service requirements (including recording and recordkeeping of that service) as prescribed by the Secretary. **(h)** On a vessel to which [section 8904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section8904&num=0&edition=prelim) 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 individual 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](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); 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](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); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or less than 500 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 is less than 2,500 gross tons as measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or less than 500 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 is less than 2,500 gross tons as measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) 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.

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

46 U.S.C. § 14302 — Measurement

**(a)** The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter and the Convention. **(b)** A vessel measured under this chapter may not be required to be measured under another law. **(c)** Unless otherwise provided by law, the measurement of a vessel under this chapter applies to a law of the United States whose applicability depends on a vessel’s tonnage, if that law— (1) becomes effective after July 18, 1994; or (2) is in effect before July 19, 1994, is not enumerated in [section 14305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14305&num=0&edition=prelim), and is identified by the Secretary by regulation as a law to which this chapter applies.

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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. § 14502 — Measurement

The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter.

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

14 U.S.C. § 106 — Commandant defined

In this title, the term “Commandant” means the Commandant of the Coast Guard.

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

46 U.S.C. § 8904 — Towing vessels

**(a)** A towing vessel that is at least 26 feet in length measured from end to end over the deck (excluding sheer), shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations. **(b)** A vessel that tows a disabled vessel for consideration shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations. **(c)** The Secretary may prescribe by regulation requirements for maximum hours of service (including recording and recordkeeping of that service) of individuals engaged on a towing vessel that is at least 26 feet in length measured from end to end over the deck (excluding the sheer).

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

46 U.S.C. § 14104 — Measurement to determine application of a law

**(a)** When the application of a law of the United States to a vessel depends on the vessel’s tonnage, the vessel shall be measured under this part. **(b)** If a statute allows for an alternate tonnage to be prescribed under this section, the Secretary may prescribe it by regulation. Any such regulation shall be considered to be an interpretive regulation for purposes of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). Until an alternate tonnage is prescribed, the statutorily established tonnage shall apply to vessels measured under chapter 143 or chapter 145 of this title. **(c)** The head of each Federal agency shall ensure that regulations issued by the agency that specify particular tonnages comply with the alternate tonnages implemented by the Secretary.

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

46 U.S.C. § 8702 — Certain crew requirements

**(a)** This section applies to a vessel of at least 100 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) except— (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 chapter 37 of this title applies); (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 [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) or 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 prod

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

46 U.S.C. § 8104 — Watches

Page 154 TITLE 46—SHIPPING § 8104 ‘‘(B) delivered to ports outside of a State or terri- tory of the United States, including the identity of the port. ‘‘(5) An evaluation of capacity and trends in the purse seine fleet fishing in the area covered by the South Pacific Regional Fisheries Treaty, and any transfer of capacity from such fleet or area to other fisheries, including those governed under the Western and Central Pacific Fisheries Convention and the Inter-American Tropical Tuna Convention.’’ APPLICATION OF SECTION TO FISHING VESSELS IN CALIFORNIA Pub. L. 101–595, title III, § 317, Nov. 16, 1990, 104 Stat. 2988, as amended by Pub. L. 104–324, title III, § 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 ‘cit- izen of the United States’ includes an alien lawfully ad- mitted to the United States for permanent residence. ‘‘(b) TERMINATION.—This section shall terminate on October 1, 2000.’’ § 8104. Watches (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 leav- ing 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 sec- tion 14502 of this title, or an alternate tonnage measured under section 14302 of this title as pre- scribed by the Secreta

Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 8104

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