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46 U.S.C. § 8701 — Merchant mariners’ documents required
Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies to a merchant 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 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 products;
(7) a fish processing vessel (except a vesse
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Stable record: federal_law:legal_authorities:record_usc_e6b6e0b1550765ef61d378cf
Source file: Laws/federal/codes/united-states-code/title-46/section-8701-merchant-mariners-documents-required--d037f07549.md
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Source location: Title 46, Chapter 87, § 8701; chapter-087-unlicensed-personnel.md
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**(a)** This section applies to a merchant 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 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 products;
(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 [section 7302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7302&num=0&edition=prelim). Except for an individual required to be licensed or registered under this part, the document must authorize service in the capacity for which the holder of the document is engaged or employed.
**(c)** On a vessel to which section 10306 or 10503 of this title does not apply, an individual required by this section to hold a merchant mariner’s document must exhibit it to the master of the vessel before the individual may be employed.
**(d)** A person (including an individual) violating this section is liable to the United States Government for a civil penalty of $500.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14302
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30305/b/5&num=0&edition=prelim), 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 7302
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14502
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14104
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Federal law — U.S. Code and appendices · legal_authorities
Before signing the agreement required by [section 10302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10302&num=0&edition=prelim), each individual required by [section 8701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section8701&num=0&edition=prelim) to have a merchant mariner’s document shall exhibit to the master or individual in charge a document issued to the individual, appropriately endorsed for the capacity in which the individual is to serve.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10306
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Federal law — U.S. Code and appendices · legal_authorities
Before signing the agreement required by [section 10502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10502&num=0&edition=prelim), a seaman required by [section 8701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section8701&num=0&edition=prelim) to have a merchant mariner’s document shall exhibit to the master a document issued to the seaman and appropriately endorsed for the capacity in which the seaman is to serve.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10503
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Federal law — U.S. Code and appendices · legal_authorities
Page 164
TITLE 46—SHIPPING
§ 8701
pelled vessel when a pilot is not required by
State law and the vessel is—
(1) engaged in foreign commerce; and
(2) operating—
(A) in internal waters of the United States;
or
(B) within 3 nautical miles from the base-
lines from which the territorial sea of the
United States is measured.
(b) A requirement prescribed under subsection
(a) of this section is terminated when the State
having jurisdiction over the area involved—
(1) establishes a requirement for a State li-
censed pilot; and
(2) notifies the Secretary of that fact.
(c) For the Saint Lawrence Seaway, the Sec-
retary may not delegate the authority under
this section to an agency except the Great
Lakes St. Lawrence Seaway Development Cor-
poration.
(d) A person violating this section or a regula-
tion prescribed under this section is liable to the
United States Government for a civil penalty of
not more than $25,000. Each day of a continuing
violation is a separate violation. The vessel also
is liable in rem for the penalty.
(e) A person that knowingly violates this sec-
tion or a regulation prescribed under this sec-
tion commits a class D felony.
(Added Pub. L. 98–557, § 29(f)(3)(A), Oct. 30, 1984,
98 Stat. 2874; amended Pub. L. 101–380, title IV,
§ 4302(h), Aug. 18, 1990, 104 Stat. 539; Pub. L.
105–383, title III, § 301(b)(8), Nov. 13, 1998, 112
Stat. 3417; Pub. L. 116–260, div. AA, title V,
§ 512(c)(6)(C), Dec. 27, 2020, 134 Stat. 2757.)
Editorial Notes
AMENDMENTS
2020—Subsec. (c). Pub. L. 116–260 substituted ‘‘Great
Lakes St. Lawrence Seaway Development Corporation’’
for ‘‘Saint Lawrence Seaway Development Corpora-
tion’’.
1998—Subsec. (a)(2). Pub. L. 105–383 added par. (2) and
struck out former par. (2) which read as follows: ‘‘oper-
ating on t
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 8701
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