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 Secretary under section 14104 of this title (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) oper- ating on the Great Lakes, harbors of the Great Lakes, and connecting or tributary waters be- tween Gary, Indiana, Duluth, Minnesota, Niag- ara Falls, New York, and Ogdensburg, New York, an individual in the deck or engine de- partment 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 en- dangered. (d) On a merchant vessel of more than 100 gross tons as measured 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 (except a vessel only operating on rivers, har- bors, lakes (except the Great Lakes), bays, sounds, bayous, and canals, a fishing, fish ten- der, or whaling vessel, a fish processing vessel of not more than 5,000 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under sec- tion 14104 of this title, 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 in- cident to the operation and management of the vessel. The requirement of this subsection ap- plies 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 depart- ment 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 dis- patch 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, moor- ing, 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 if the individuals engaged on the vessel are in compliance with hours of service requirements (including record- ing and recordkeeping of that service) as pre- scribed by the Secretary. (h) On a vessel to which section 8904 of this title 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 Gov- ernment 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. Page 155 TITLE 46—SHIPPING § 8104 (k) On a fish processing vessel subject to in- spection under part B of this subtitle, the li- censed individuals and deck crew shall be di- vided, 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 meas- ured under section 14502 of this title, or an al- ternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title; 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 proc- essing 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, or an alternate tonnage measured under section 14302 of this title as prescribed by the Sec- retary under section 14104 of this title; or (2) entered into service after December 31, 1987, and having not more than 16 individuals on board primarily employed in the prepara- tion of fish or fish products. (n) On a tanker, a licensed individual or sea- man 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 emer- gency or a drill. In this subsection, ‘‘work’’ in- cludes 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 sec- tion 14502 of this title, or less than 500 gross tons as measured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title engaged in the Aleu- tian trade, the licensed individuals and crew- members 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, or less than 500 gross tons as meas- ured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title 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 pur- chased 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. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 549; Pub. L. 98–364, title IV, § 402(11), July 17, 1984, 98 Stat. 448; Pub. L. 98–557, § 33(c), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99–307, § 1(12), May 19, 1986, 100 Stat. 445; Pub. L. 101–380, title IV, §§ 4114(b), 4302(f), Aug. 18, 1990, 104 Stat. 517, 538; Pub. L. 101–595, title VI, § 602(e)(1), Nov. 16, 1990, 104 Stat. 2991; Pub. L. 102–587, title V, § 5212, Nov. 4, 1992, 106 Stat. 5077; Pub. L. 103–206, title III, § 322(a), Dec. 20, 1993, 107 Stat. 2428; Pub. L. 104–324, title VII, § 728, title XI, §§ 1104(c), 1114, Oct. 19, 1996, 110 Stat. 3939, 3967, 3971; Pub. L. 109–241, title III, § 311(b), July 11, 2006, 120 Stat. 530; Pub. L. 111–281, title VI, § 617(d), title IX, § 903(a)(1), Oct. 15, 2010, 124 Stat. 2973, 3010; Pub. L. 113–281, title III, § 316, Dec. 18, 2014, 128 Stat. 3050; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(b)(9), Jan. 1, 2021, 134 Stat. 4751.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 8104 .............................................. 46:235 46:405(b) 46:673 Section 8104 prescribes certain working hours and conditions under which working hours are set. The Committee intends that these sections be interpreted in a manner consistent with one another. Subsection (a) permits an individual to take charge of the deck watch on leaving port and immediately thereafter only if the individual has been off duty for 6 of the 12 hours immediately prior to departure. Subsection (b) prohibits a licensed individual from being required to work more than 9 of 24 hours in port or more than 12 of 24 hours at sea on an oceangoing or coastwise vessel of not more than 100 gross tons, except in an emergency. Subsection (c) prescribes a maximum 8-hour day for licensed individuals and seamen on towing vessels oper- ating on the Great Lakes and certain connecting or tributary waters. Subsection (d) requires certain members of the com- plement of certain merchant vessels of more than 100 gross tons to be divided into at least 3 successive watches when at sea. This requirement applies to radio officers only when at least 3 radio officers are em- ployed. Subsection (d) also prescribes a maximum 8- hour work day for licensed individuals and seamen on these vessels. For the Great Lakes towing vessels and merchant vessels in subsections (c) and (d), subsection (e) re- quires that seamen be hired only for work in either the deck or the engine department. When in a safe harbor, seamen may be required to do only necessary work on Sundays and certain holidays, unless the vessel is get- ting underway on a voyage. Further, when in a safe harbor, this subsection restates the maximum 8-hour work day which applies even for anchor watch. Subsection (f) states that the limitations in sub- sections (d) and (e) do not apply if the master or other officer decides the crew is needed for certain routine, safety, or rescue activities. Subsection (g) provides that for a towing vessel (ex- cept a Great Lakes towing vessel under subsection (c)), offshore supply vessel, or barge on a voyage of less than 600 miles, the licensed officers and certain crew- members may be divided into not less than two watches when at sea. Subsection (h) provides that the licensed operator for a towing vessel at least 26 feet long may not be re- quired to work more than 12 of 24 hours, except in an emergency. Subsections (i) and (j) prescribe penalties for viola- tions of the provisions of this section and, in certain in- stances, entitles the seaman to discharge and payment of wages. Page 156 TITLE 46—SHIPPING § 8104 Editorial Notes AMENDMENTS 2021—Subsec. (c). Pub. L. 116–283, § 8505(b)(9)(A), sub- stituted ‘‘an individual’’ for ‘‘a licensed individual or seaman’’. Subsec. (d). Pub. L. 116–283, § 8505(b)(9)(B), substituted ‘‘An individual’’ for ‘‘A licensed individual or seaman’’. Subsec. (e). Pub. L. 116–283, § 8505(b)(9)(C), substituted ‘‘an individual’’ for ‘‘a seaman’’ in pars. (1) and (2). Subsec. (j). Pub. L. 116–283, § 8505(b)(9)(D), substituted ‘‘individual’’ for ‘‘seaman’’. 2014—Subsec. (d). Pub. L. 113–281, § 316(1), substituted ‘‘and oilers’’ for ‘‘coal passers, firemen, oilers, and water tenders’’. Subsec. (g)(1). Pub. L. 113–281, § 316(2), struck out ‘‘(except the coal passers, firemen, oilers, and water tenders)’’ after ‘‘crewmembers’’. 2010—Subsec. (g). Pub. L. 111–281, § 617(d), designated existing provisions as par. (1) and added par. (2). Subsec. (o). Pub. L. 111–281, § 903(a)(1), made technical amendment to directory language of Pub. L. 109–241, § 311(b). See 2006 Amendment note below. 2006—Subsec. (o). Pub. L. 109–241, as amended by Pub. L. 111–281, § 903(a)(1), substituted ‘‘or less than 500 gross tons as measured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title’’ for ‘‘or an alternate tonnage meas- ured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ in pars. (1) and (2). 1996—Subsec. (b). Pub. L. 104–324, § 728(1), inserted ‘‘as measured under section 14502 of this title, or an alter- nate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘100 gross tons’’. Subsec. (c). Pub. L. 104–324, § 1114(a), struck out ‘‘or permitted’’ after ‘‘required’’ and inserted ‘‘or permitted to work more than 15 hours in any 24-hour period, or more than 36 hours in any 72-hour period’’ after ‘‘day’’. Subsec. (d). Pub. L. 104–324, § 728(2), inserted ‘‘as measured under section 14502 of this title, or an alter- nate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘100 gross tons’’ and after ‘‘5,000 gross tons’’. Subsec. (e). Pub. L. 104–324, § 1114(b), substituted ‘‘sub- section (d)’’ for ‘‘subsections (c) and (d)’’ in introduc- tory provisions. Subsec. (g). Pub. L. 104–324, § 1114(c), struck out ‘‘(ex- cept a vessel to which subsection (c) of this section ap- plies)’’ after ‘‘On a towing vessel’’. Subsec. (l)(1). Pub. L. 104–324, § 728(3), inserted ‘‘as measured under section 14502 of this title, or an alter- nate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘1,600 gross tons’’. Subsec. (m)(1). Pub. L. 104–324, § 728(4), inserted ‘‘as measured under section 14502 of this title, or an alter- nate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘1,600 gross tons’’. Subsec. (o)(1). Pub. L. 104–324, § 728(5), inserted ‘‘as measured under section 14502 of this title, or an alter- nate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘500 gross tons’’. Subsec. (o)(2). Pub. L. 104–324, § 728(6), inserted ‘‘as measured under section 14502 of this title, or an alter- nate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘500 gross tons’’. Subsec. (p). Pub. L. 104–324, § 1104(c), amended subsec. (p) generally. Prior to amendment, subsec. (p) read as follows: ‘‘On a vessel used only to respond to a dis- charge of oil or a hazardous substance, the licensed in- dividuals and crewmembers may be divided into at least two watches when the vessel is engaged in an op- eration less than 12 hours in duration.’’ 1993—Subsec. (g). Pub. L. 103–206, § 322(a)(1), struck out ‘‘a vessel used only to respond to a discharge of oil or a hazardous substance,’’ after ‘‘an offshore supply vessel,’’. Subsec. (p). Pub. L. 103–206, § 322(a)(2), added subsec. (p). 1992—Subsec. (g). Pub. L. 102–587, § 5212(1), inserted ‘‘a vessel used only to respond to a discharge of oil or a hazardous substance,’’ after ‘‘an offshore supply ves- sel,’’. Subsecs. (n), (o). Pub. L. 102–587, § 5212(2), redesignated subsec. (n), relating to fish tender vessels of not more than 500 gross tons engaged in Aleutian trade, as (o). 1990—Subsecs. (i), (j). Pub. L. 101–380, § 4302(f), sub- stituted ‘‘$10,000’’ for ‘‘$100’’ in subsec. (i) and for ‘‘$500’’ in subsec. (j). Subsec. (n). Pub. L. 101–595 added subsec. (n) relating to fish tender vessels of not more than 500 gross tons engaged in Aleutian trade. Pub. L. 101–380, § 4114(b), added subsec. (n) relating to tankers. 1986—Subsec. (k). Pub. L. 99–307 substituted ‘‘watch- es’’ for ‘‘watchers’’. 1984—Subsec. (b). Pub. L. 98–364, § 402(11)(A), sub- stituted ‘‘100 gross tons (except a fishing, fish proc- essing, or fish tender vessel)’’ for ‘‘100 gross tons’’. Subsec. (c). Pub. L. 98–364, § 402(11)(B), substituted ‘‘fishing, fish processing, fish tender,’’ for ‘‘fishing’’. Subsec. (d). Pub. L. 98–364, § 402(11)(C), substituted ‘‘a fishing, fish tender, or whaling vessel, a fish processing vessel of not more than 5,000 gross tons’’ for ‘‘a fishing or whaling vessel’’. Subsec. (k). Pub. L. 98–557 substituted ‘‘shall’’ for ‘‘may’’. Pub. L. 98–364, § 402(11)(D), added subsec. (k). Subsec. (l). Pub. L. 98–557 substituted ‘‘shall’’ for ‘‘may’’ in provisions preceding par. (1). Pub. L. 98–364, § 402(11)(D), added subsec. (l). Subsec. (m). Pub. L. 98–364, § 402(11)(D), added subsec. (m). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–281, title IX, § 903(a), Oct. 15, 2010, 124 Stat. 3010, provided that the amendment by section 903(a)(1) is effective with enactment of Pub. L. 109–241. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. ARTICULATED TUG-BARGE MANNING Pub. L. 117–263, div. K, title CXV, § 11508, Dec. 23, 2022, 136 Stat. 4137, provided that: ‘‘(a) IN GENERAL.—Notwithstanding the watch setting requirements set forth in section 8104 of title 46, United States Code, the Secretary shall authorize an Officer in Charge, Marine Inspection to issue an amended certifi- cate of inspection that does not require engine room watch setting to inspected towing vessels certificated prior to July 19, 2022, forming part of an articulated tug-barge unit, provided that such vessels are equipped with engineering control and monitoring systems of a type accepted for no engine room watch setting under a previously approved minimum safe manning docu- ment or certificate of inspection for articulated tug- barge units. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) CERTIFICATE OF INSPECTION.—The term ‘certifi- cate of inspection’ means a certificate of inspection under subchapter M of chapter I of title 46, Code of Federal Regulations. ‘‘(2) INSPECTED TOWING VESSEL.—The term ‘in- spected towing vessel’ means a vessel issued a certifi- cate of inspection.’’ [For definition of ‘‘Secretary’’ as used in section 11598 of Pub. L. 117–263, set out above, see section 11002 of Pub. L. 117–263, set out as a note under section 106 of Title 14, Coast Guard.] Page 157 TITLE 46—SHIPPING § 8106 § 8105. Fishing vessel exemption Notwithstanding any other provision of law, neither the International Convention on Stand- ards of Training, Certification and Watchkeeping for Seafarers, 1978, nor any amendment to such convention, shall apply to a fishing vessel, including a fishing vessel used as a fish tender vessel. (Added Pub. L. 104–324, title XI, § 1146(a), Oct. 19, 1996, 110 Stat. 3992.) Editorial Notes PRIOR PROVISIONS A prior section 8105, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 550, authorized Secretary to prescribe regulations to carry out this part prior to repeal by Pub. L. 101–595, title VI, § 603(7)(A), Nov. 16, 1990, 104 Stat. 2993. § 8106. Riding gangs (a) IN GENERAL.—The owner or managing oper- ator of a freight vessel of the United States on voyages covered by the International Conven- tion for Safety of Life at Sea, 1974 (32 UST 47m) shall— (1) ensure that— (A) subject to subsection (d), each riding gang member on the vessel— (i) is a United States citizen or an alien lawfully admitted to the United States for permanent residence; or (ii) possesses a United States non- immigrant visa for individuals desiring to enter the United States temporarily for business, employment-related and personal identifying information, and any other documentation required by the Secretary; (B) all required documentation for such member is kept on the vessel and available for inspection by the Secretary; and (C) each riding gang member is identified on the vessel’s crew list; (2) ensure that— (A) the owner or managing operator at- tests in a certificate that the background of each riding gang member has been examined and found to be free of any credible informa- tion indicating a material risk to the secu- rity of the vessel, the vessel’s cargo, the ports the vessel visits, or other individuals onboard the vessel; (B) the background check consisted of a search of all information reasonably avail- able to the owner or managing operator in the riding gang member’s country of citizen- ship and any other country in which the riding gang member works, receives employ- ment referrals, or resides; (C) the certificate required under subpara- graph (A) is kept on the vessel and available for inspection by the Secretary; and (D) the information derived from any such background check is made available to the Secretary upon request; (3) ensure that each riding gang member, while on board the vessel, is subject to the same random chemical testing and reporting regimes as crew members; (4) ensure that each such riding gang mem- ber receives basic safety familiarization and basic safety training approved by the Coast Guard as satisfying the requirements for such training under the International Convention of Training, Certification, and Watchkeeping for Seafarers, 1978; (5) prevent from boarding the vessel, or cause the removal from the vessel at the first available port, and disqualify from future service on board any other vessel owned or op- erated by that owner or operator, any riding gang member— (A) who has been convicted in any jurisdic- tion of an offense described in paragraph (2) or (3) of section 7703; (B) whose license, certificate of registry, or merchant mariner’s document has been suspended or revoked under section 7704; or (C) who otherwise constitutes a threat to the safety of the vessel; (6) ensure and certify to the Secretary that the sum of— (A) the number of riding gang members on board a freight vessel, and (B) the number of individuals in addition to crew permitted under section 3304, does not exceed 12; (7) ensure that every riding gang member is employed on board the vessel under conditions that meet or exceed the minimum inter- national standards of all applicable inter- national labor conventions to which the United States is a party, including all of the merchant seamen protection and relief pro- vided under United States law; and (8) ensure that each riding gang member— (A) is supervised by an individual who holds a license issued under chapter 71; and (B) only performs work in conjunction with individuals who hold merchant mari- ners documents issued under chapter 73 and who are part of the vessel’s crew. (b) PERMITTED WORK.—Subject to subsection (f), a riding gang member on board a vessel to which subsection (a) applies who is neither a United States citizen nor an alien lawfully ad- mitted to the United States for permanent resi- dence may not perform any work on board the vessel other than— (1) work in preparation of a vessel entering a shipyard located outside of the United States; (2) completion of the residual repairs after departing a shipyard located outside of the United States; or (3) technical in-voyage repairs, in excess of any repairs that can be performed by the ves- sel’s crew, in order to advance the vessel’s use- ful life without having to actually enter a shipyard. (c) WORKDAY LIMIT.— (1) IN GENERAL.—The maximum number of days in any calendar year that the owner or operator of a vessel to which subsection (a) ap- plies may employ on board riding gang mem- bers who are neither United States citizens nor aliens lawfully admitted to the United States for permanent residence for work on board that vessel is 60 days. If the vessel is at sea on the 60th day, each riding gang member