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46 U.S.C. § 8502 — Federal pilots required

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

46 U.S.C. § 8502 — Federal pilots required

**(a)** Except as provided in subsections (g) and (i) of this section, a coastwise seagoing vessel shall be under the direction and control of a pilot licensed under [section 7101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7101&num=0&edition=prelim) if the vessel is— (1) not sailing on register; (2) underway; (3) not beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured; and (4) (A) propelled by machinery and subject to inspection under part B of this subtitle; or (B) subject to inspection under chapter 37 of this title. **(b)** The fees charged for pilotage by pilots required under this section may not be more than the customary or legally established rates in the States in which the pilotage is performed. **(c)** A State or political subdivision of a State may not impose on a pilot licensed under this subtitle an obligation to procure a State or other license, or adopt any other regulation that will impede the pilot in the performance of the pilot’s duties under the laws of the United States. **(d)** A State or political subdivision of a State may not levy pilot charges on a vessel lawfully piloted by a pilot required under this section. **(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. The vessel also is liable in rem for the penalty. **(f)** An individual serving as a pilot without having a license required by this section or a regulation prescribed under this section is liable to the Government for a civil penalty of $10,000. **(g)** (1) The Sec

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Stable record: federal_law:legal_authorities:record_usc_fe07a731a334fcd5b8333407
Source file: Laws/federal/codes/united-states-code/title-46/section-8502-federal-pilots-required--411cc6c9df.md
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Source location: Title 46, Chapter 85, § 8502; chapter-085-pilots.md

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**(a)** Except as provided in subsections (g) and (i) of this section, a coastwise seagoing vessel shall be under the direction and control of a pilot licensed under [section 7101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7101&num=0&edition=prelim) if the vessel is— (1) not sailing on register; (2) underway; (3) not beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured; and (4) (A) propelled by machinery and subject to inspection under part B of this subtitle; or (B) subject to inspection under chapter 37 of this title. **(b)** The fees charged for pilotage by pilots required under this section may not be more than the customary or legally established rates in the States in which the pilotage is performed. **(c)** A State or political subdivision of a State may not impose on a pilot licensed under this subtitle an obligation to procure a State or other license, or adopt any other regulation that will impede the pilot in the performance of the pilot’s duties under the laws of the United States. **(d)** A State or political subdivision of a State may not levy pilot charges on a vessel lawfully piloted by a pilot required under this section. **(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. The vessel also is liable in rem for the penalty. **(f)** An individual serving as a pilot without having a license required by this section or a regulation prescribed under this section is liable to the Government for a civil penalty of $10,000. **(g)** (1) The Secretary shall designate by regulation the areas of the approaches to and waters of Prince William Sound, Alaska, if any, on which a vessel subject to this section is not required to be under the direction and control of a pilot licensed under [section 7101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7101&num=0&edition=prelim). (2) In any area of Prince William Sound, Alaska, where a vessel subject to this section is required to be under the direction and control of a pilot licensed under [section 7101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7101&num=0&edition=prelim), the pilot may not be a member of the crew of that vessel and shall be a pilot licensed by the State of Alaska who is operating under a Federal license, when the vessel is navigating waters between 60°49′ North latitude and the Port of Valdez, Alaska. **(h)** The Secretary shall designate waters on which tankers over 1,600 gross tons subject to this section shall have on the bridge a master or mate licensed to direct and control the vessel under [section 7101(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7101/c/1&num=0&edition=prelim) who is separate and distinct from the pilot required under subsection (a) of this section. **(i)** (1) Except as provided in paragraph (2), a dredge to which this section would otherwise apply is exempt from the requirements of this section. (2) If the Secretary determines, after notice and comment, that the exemption under paragraph (1) creates a hazard to navigational safety in a specified area, the Secretary may require that a dredge exempted by paragraph (1) which is operating in that area shall comply with this section.

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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. § 7101 — Issuing and classifying licenses and certificates of registry

**(a)** Licenses and certificates of registry are established for individuals who are required to hold licenses or certificates under this subtitle. **(b)** Under regulations prescribed by the Secretary, the Secretary— (1) issues the licenses and certificates of registry; and (2) may classify the licenses and certificates of registry as provided in subsections (c) and (f) of this section, based on— (A) the tonnage, means of propulsion, and horsepower of machine-propelled vessels; (B) the waters on which vessels are to be operated; or (C) other reasonable standards. **(c)** The Secretary may issue licenses in the following classes to applicants found qualified as to age, character, habits of life, experience, professional qualifications, and physical fitness: (1) masters, mates, and engineers. (2) pilots. (3) operators. (4) radio officers. **(d)** In classifying individuals under subsection (c)(1) of this section, the Secretary shall establish, when possible, suitable career patterns and service and other qualifying requirements appropriate to the particular service or industry in which the individuals are engaged. **(e)** An individual may be issued a license under subsection (c)(2) of this section only if the applicant— (1) is at least 21 years of age; (2) is of sound health and has no physical limitations that would hinder or prevent the performance of a pilot’s duties; (3) has a thorough physical examination each year while holding the license, except that this requirement does not apply to an individual who will serve as a pilot only on a vessel of less 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 ton

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

43 U.S.C. § 1331 — Definitions

In this subchapter: **(a) Outer Continental Shelf.—** The term “outer Continental Shelf” means— (1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and (2) does not include any area conveyed by Congress to a territorial government for administration; **(b) Secretary.—** The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), the term “Secretary” means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be. **(c) Lease.—** The term “lease” means any form of authorization which is issued under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1337&num=0&edition=prelim) or maintained under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim) and which authorizes exploration for, and development and production of, minerals. **(d) Person.—** The term “person” includes, in addition to a natural person, an association, a State, a political subdivision o

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

46 U.S.C. § 3703 — Regulations

**(a)** The Secretary shall prescribe regulations for the design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels to which this chapter applies, that may be necessary for increased protection against hazards to life and property, for navigation and vessel safety, and for enhanced protection of the marine environment. The Secretary may prescribe different regulations applicable to vessels engaged in the domestic trade, and also may prescribe regulations that exceed standards set internationally. Regulations prescribed by the Secretary under this subsection are in addition to regulations prescribed under other laws that may apply to any of those vessels. Regulations prescribed under this subsection shall include requirements about— (1) superstructures, hulls, cargo holds or tanks, fittings, equipment, appliances, propulsion machinery, auxiliary machinery, and boilers; (2) the handling or stowage of cargo, the manner of handling or stowage of cargo, and the machinery and appliances used in the handling or stowage; (3) equipment and appliances for lifesaving, fire protection, and prevention and mitigation of damage to the marine environment; (4) the manning of vessels and the duties, qualifications, and training of the officers and crew; (5) improvements in vessel maneuvering and stopping ability and other features that reduce the possibility of marine casualties; (6) the reduction of cargo loss if a marine casualty occurs; and (7) the reduction or elimination of discharges during ballasting, deballasting, tank cleaning, cargo handling, or other such activity. **(b)** In prescribing regulations under subsection (a) of this section, the Secretary shall consider the types and grades of cargo permitte

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

46 U.S.C. § 8502 — Federal pilots required

Page 162 TITLE 46—SHIPPING § 8501 Editorial Notes REFERENCES IN TEXT The Officers’ Competency Certificates Convention, 1936, referred to in subsec. (b), is set out in 54 Stat. Pt. 2, p. 1683. AMENDMENTS 1996—Subsec. (b)(4). Pub. L. 104–324 inserted ‘‘as meas- ured 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 ‘‘200 gross tons’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. CHAPTER 85—PILOTS Sec. 8501. State regulation of pilots. 8502. Federal pilots required. 8503. Federal pilots authorized. HISTORICAL AND REVISION NOTES Chapter 85 provides for State pilotage to be regulated by the States and only in conformity with the laws of the States. It clearly spells out the preeminence of the State’s role in regulating pilots for vessels operating on the bays, rivers, harbors, and ports o

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