46 U.S.C. § 8304 — Implementing the Officers’ Competency

Page 161 TITLE 46—SHIPPING § 8304 tain types of inland waterway vessel, and a ferry car- rying passengers or cars on the Great Lakes. A ferry is a vessel that primarily carries passengers, cars, or trains from shore to shore as a means to connect exist- ing points on a transportation route so that the same type of transportation mode may continue to be used upon arrival at either point. Vessels carrying cars as cargo would not be included in this type of vessel. Subsection (b) establishes the staff department as a separate one consisting of registered individuals (purs- ers, medical doctors, and professional nurses), clerks, and medical assistants. Subsection (c) divides the de- partment into a medical division and a purser’s divi- sion and designates the individual in charge of each di- vision. Subsection (d) prescribes particular require- ments of the purser’s division based on size of the ves- sel or number of individuals employed in the division. Subsection (e) prohibits the employment or service of an individual who is not registered or of the grade as required under this section and prescribes a penalty for violation of the subsection. This penalty applies to both the employer and the individual employed. If a registered staff officer is unavailable at the time of de- parture for a voyage, the vessel may proceed on its voy- age with either an unregistered staff officer or without a staff officer. Subsection (f) prohibits including a staff officer on a vessel’s certificate of inspection. Subsections (g) and (h) prescribe the type and restric- tions for the uniform accouterments of a staff officer. Editorial Notes AMENDMENTS 2021—Subsec. (d). Pub. L. 116–283 substituted ‘‘3 indi- viduals’’ for ‘‘3 persons’’. 2006—Subsec. (g). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 1985—Subsec. (b). Pub. L. 99–36 inserted a comma after ‘‘clerks’’. [§ 8303. Repealed. Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8503(a)(1), Jan. 1, 2021, 134 Stat. 4747] Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 552, re- lated to individuals issued a license without examina- tion before Oct. 29, 1941. § 8304. Implementing the Officers’ Competency Certificates Convention, 1936 (a) In this section, ‘‘high seas’’ means waters seaward of the Boundary Line. (b) The Officers’ Competency Certificates Con- vention, 1936 (International Labor Organization Draft Convention Numbered 53, on the minimum requirement of professional capacity for masters and officers on board merchant vessels), as rati- fied by the President on September 1, 1938, with understandings appended, and this section apply to a documented vessel operating on the high seas except— (1) a public vessel; (2) a wooden vessel of primitive build, such as a dhow or junk; (3) a barge; and (4) a vessel of less than 200 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. (c) A person may not engage or employ an in- dividual to serve as, and an individual may not serve as, a master, mate, or engineer on a vessel to which this section applies, if the individual does not have a license issued under section 7101 of this title authorizing service in the capacity in which the individual is to be engaged or em- ployed. (d) A person (including an individual) vio- lating this section is liable to the United States Government for a civil penalty of $100. (e) A license issued to an individual to whom this section applies is a certificate of com- petency. (f) A designated official may detain a vessel to which this section applies (by written order served on the owner, charterer, managing oper- ator, agent, master, or individual in charge of the vessel) when there is reason to believe that the vessel is about to proceed from a port of the United States to the high seas in violation of this section or a provision of the convention de- scribed in subsection (b) of this section. The ves- sel may be detained until the vessel complies with this section. Clearance may not be granted to a vessel ordered detained under this section. (g) A foreign vessel to which the convention described in subsection (b) of this section ap- plies, on the navigable waters of the United States, is subject to detention under subsection (f) of this section, and to an examination that may be necessary to decide if there is compli- ance with the convention. (h) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel detained under subsection (f) or (g) of this sec- tion may appeal the order within 5 days as pro- vided by regulation. (i) An officer or employee of the Customs Service may be designated to enforce this sec- tion. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 552; Pub. L. 104–324, title VII, § 730, Oct. 19, 1996, 110 Stat. 3940.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 8304 .............................................. 46:224a 46:241 Section 8304 implements the Officers’ Competency Certificates Convention, 1936, as ratified by the Presi- dent on September 1, 1938, with understandings ap- pended. Subsection (a) defines ‘‘high seas’’ for this section. Subsection (b) implements the Convention, applies the Convention to United States vessels on the high seas, and exempts certain vessels. Subsection (c) prohibits the employment or service of an individual as a master, mate, or engineer on a vessel under this section unless the individual has a license issued under section 7101 for the particular capacity in which the individual is employed. Subsection (d) prescribes a civil penalty for violating this section. Subsection (e) states that the license referred to in subsection (c) is a certificate of competency for pur- poses of the Convention. Subsection (f) provides for the detention of a vessel in violation of this section or the Convention. Subsection (g) applies the detention provision to a foreign vessel on the navigable waters of the United States and subjects it to an examination for compli- ance with the Convention. Subsection (h) provides for an appeal of the detention order. Subsection (i) permits the designation of a Customs Service officer or employee to enforce this section. 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 of the United States. However, those vessels that are required to have a Federally licensed pilot, those that operate on waters outside the territorial sea of the United States, and those that operate on waters of the Great Lakes are not subject to State pilotage laws or requirements. In essence this chapter, with minor changes, confirms the State and Federal relationship with respect to pi- lotage that has evolved since the founding of the Na- tion. This chapter permits the continuation of Federal pi- lotage requirements for vessels that are not required to obtain compulsory State pilotage. It confirms the prac- tice of allowing anyone with a Federal pilotage en- dorsement for the waters in which the vessel is oper- ating to be in control of a vessel when engaged in the coastwide trade. It also confirms the practice of using Federal pilots that are often organized into groups or working organizations who offer their expertise and services to vessels that are not required to obtain com- pulsory State pilotage. Editorial Notes AMENDMENTS 1984—Pub. L. 98–557, § 29(f)(3)(B), Oct. 30, 1984, 98 Stat. 2874, added item 8503. § 8501. State regulation of pilots (a) Except as otherwise provided in this sub- title, pilots in the bays, rivers, harbors, and ports of the United States shall be regulated only in conformity with the laws of the States. (b) The master of a vessel entering or leaving a port on waters that are a boundary between 2 States, and that is required to have a pilot under this section, may employ a pilot licensed or authorized by the laws of either of the 2 States. (c) A State may not adopt a regulation or pro- vision that discriminates in the rate of pilotage or half-pilotage between vessels sailing between the ports of one State and vessels sailing be- tween the ports of different States, or against vessels because of their means of propulsion, or against public vessels of the United States. (d) A State may not adopt a regulation or pro- vision that requires a coastwise vessel to take a pilot licensed or authorized by the laws of a State if the vessel— (1) is propelled by machinery and subject to inspection under part B of this subtitle; or (2) is subject to inspection under chapter 37 of this title. (e) Any regulation or provision violating this section is void. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 553; Pub. L. 98–557, § 29(e), Oct. 30, 1984, 98 Stat. 2874.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 8501(a) ......................................... 46:211 8501(b) ......................................... 46:212 8501(c), (e) ................................... 46:213 8501(d) ......................................... 46:215 Section 8501 establishes the general proposition that the States regulate pilots in the bays, rivers, harbors, and ports of the United States, unless otherwise specifi- cally provided by law. Subsection (a) states this general proposition and uses the word ‘‘only’’ for emphasis on this point. Fur- ther, except as specifically provided in law, the Com- mittee intends that this chapter not be construed to annul or affect any regulation established by the laws of a State requiring a vessel entering or leaving a port in that State to employ a pilot licensed or authorized by the laws of that State. In at least two places in cur- rent law, this general proposition is stated in both a positive and negative manner. The Committee intends to consolidate those separate statements into one pro- vision to avoid ambiguity and redundancy. Subsections (b) and (c) contain provisions regarding pilotage in waters between two States. Subsection (d) prohibits a State from requiring a State licensed pilot on certain coastwise vessels. Subsection (e) voids any regulation or provision vio- lating this section. Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–557 substituted ‘‘sub- title’’ for ‘‘part’’. § 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 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