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46 U.S.C. § 7102 — Citizenship

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

46 U.S.C. § 7102 — Citizenship

Page 128 TITLE 46—SHIPPING § 7102 HISTORICAL AND REVISION NOTES—CONTINUED Revised section Source section (U.S. Code) 46:226 46:228 46:229 46:229a 46:229b 46:242 46:243 46:244 46:247 Section 7101(a) provides the authority for the estab- lishment of licenses and certificates of registry for offi- cers and individuals operating vessels who are required to hold them under Subtitle II. Subsection (b) authorizes the Secretary to issue li- censes and certificates of registry based on tonnage, means of propulsion, horsepower, vessel operating area, and other reasonable standards. Subsection (c) authorizes the Secretary to issue li- censes to masters, mates, engineers, pilots, operators, and radio officers when found qualified as to age, char- acter, habits of life, experience, professional qualifica- tions, and physical fitness. These qualifying standards must by necessity be reasonable and related to the rig- ors of the profession. Subsection (d) requires the Secretary to establish, when possible, suitable career patterns and service for and other qualifying requirements appropriate to the particular service or industry for the individuals so en- gaged. Subsection (e) sets forth the requirements that pilots must meet before being issued a license. Subsection (f) authorizes the Secretary to issue cer- tificates of registry to qualified individuals as pursers, medical doctors, and professional nurses. Editorial Notes REFERENCES IN TEXT Sections 205(a)(3)(A) or (B) and 206(b)(7) of the Na- tional Driver Register Act of 1982, referred to in subsec. (g), are sections 205(a)(3)(A), (B) and 206(b)(7) of Pub. L. 97–364, which are set out as a note under section 401 of Title 23, Highways. AMENDMENTS 2014—Subsec. (j). Pub. L. 113–281 added subsec. (j). 1996—Su

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Source location: USCODE-2024-title46-subtitleII-partE-chap71-sec7102.pdf

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Page 128 TITLE 46—SHIPPING § 7102 HISTORICAL AND REVISION NOTES—CONTINUED Revised section Source section (U.S. Code) 46:226 46:228 46:229 46:229a 46:229b 46:242 46:243 46:244 46:247 Section 7101(a) provides the authority for the estab- lishment of licenses and certificates of registry for offi- cers and individuals operating vessels who are required to hold them under Subtitle II. Subsection (b) authorizes the Secretary to issue li- censes and certificates of registry based on tonnage, means of propulsion, horsepower, vessel operating area, and other reasonable standards. Subsection (c) authorizes the Secretary to issue li- censes to masters, mates, engineers, pilots, operators, and radio officers when found qualified as to age, char- acter, habits of life, experience, professional qualifica- tions, and physical fitness. These qualifying standards must by necessity be reasonable and related to the rig- ors of the profession. Subsection (d) requires the Secretary to establish, when possible, suitable career patterns and service for and other qualifying requirements appropriate to the particular service or industry for the individuals so en- gaged. Subsection (e) sets forth the requirements that pilots must meet before being issued a license. Subsection (f) authorizes the Secretary to issue cer- tificates of registry to qualified individuals as pursers, medical doctors, and professional nurses. Editorial Notes REFERENCES IN TEXT Sections 205(a)(3)(A) or (B) and 206(b)(7) of the Na- tional Driver Register Act of 1982, referred to in subsec. (g), are sections 205(a)(3)(A), (B) and 206(b)(7) of Pub. L. 97–364, which are set out as a note under section 401 of Title 23, Highways. AMENDMENTS 2014—Subsec. (j). Pub. L. 113–281 added subsec. (j). 1996—Subsec. (e)(3). 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 ‘‘1,600 gross tons’’. 1990—Subsecs. (g) to (i). Pub. L. 101–380 added subsecs. (g) to (i). 1984—Subsec. (e)(3). Pub. L. 98–557 inserted exemption for pilots on a vessel of less than 1,600 gross tons. Statutory Notes and Related Subsidiaries 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. PLAN FOR LICENSING OPERATORS OF FISHING INDUSTRY VESSELS Pub. L. 100–424, § 3, Sept. 9, 1988, 102 Stat. 1590, re- quired the Secretary of the department in which the Coast Guard is operating, within two years after Sept. 9, 1988, to prepare and submit to the Congress a plan for the licensing of operators of documented fishing, fish processing, and fish tender vessels. § 7102. Citizenship Licenses and certificates of registry for indi- viduals on documented vessels may be issued only to citizens of the United States. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7102 .............................................. 46:242 46:1132(a) Section 7102 requires that any individual issued a li- cense or certificate of registry allowing the individual to be engaged on a documented vessel must be a U.S. citizen. § 7103. Licenses for radio officers (a) A license as radio officer may be issued only to an applicant who has a first-class or sec- ond-class radiotelegraph operator license issued by the Federal Communications Commission. (b) Except as provided in section 7318 of this title, this part does not affect the status of ra- diotelegraph operators serving on board vessels operating only on the Great Lakes. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7103 .............................................. 46:229a 46:229b 46:229g Section 7103 requires an applicant for a license as a radio officer to have, as a prerequisite, a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission (FCC). It also excepts radiotelegraph operators that are engaged on Great Lakes vessels from the requirement of having to obtain a radio officer’s license. § 7104. Certificates for medical doctors and nurses A certificate of registry as a medical doctor or professional nurse may be issued only to an ap- plicant who has a license as a medical doctor or registered nurse, respectively, issued by a State. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7104 .............................................. 46:243 Section 7104 requires an applicant for a certificate of registry as a medical doctor or professional nurse to have, as a prerequisite, a license as a medical doctor or registered nurse issued by a State. § 7105. Oaths An applicant for a license or certificate of reg- istry shall take, before the issuance of the li- cense or certificate, an oath, without conceal- ment or reservation, that the applicant will per- form faithfully and honestly, according to the best skill and judgment of the applicant, all the duties required by law. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 111–281, title VI, § 613, Oct. 15, 2010, 124 Stat. 2970.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7105 .............................................. 46:229e 46:231 46:244

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

46 U.S.C. § 7102 — Citizenship or noncitizen nationality

Licenses and certificates of registry for individuals on documented vessels may be issued only to citizens or noncitizen nationals (as such term is described in section 308 of the Immigration and Nationality Act ([8 U.S.C. 1408](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1408&num=0&edition=prelim))) of the United States.

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