46 U.S.C. § 8702 — Certain crew requirements

Page 165 TITLE 46—SHIPPING § 8702 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 re- quired by this section to hold a merchant mari- ner’s document must exhibit it to the master of the vessel before the individual may be em- ployed. (d) A person (including an individual) vio- lating this section is liable to the United States Government for a civil penalty of $500. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 554; Pub. L. 98–364, title IV, § 402(12)(A), July 17, 1984, 98 Stat. 449; Pub. L. 99–640, § 11(c), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 104–324, title VII, § 731, title XI, § 1104(e), Oct. 19, 1996, 110 Stat. 3940, 3967; Pub. L. 107–295, title III, § 324(b), Nov. 25, 2002, 116 Stat. 2104.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 8701 .............................................. 46:444 46:643 46:643a 46:672 Section 8701 requires an individual to have a mer- chant mariner’s document before that individual can be engaged or employed on certain vessels. Subsection (a) makes this documentation require- ment applicable to United States merchant vessels of at least 100 gross tons except for certain inland vessels and barges, fishing or whaling vessels, yachts, and, in certain circumstances, to sailing school vessels or oceanographic research vessels. Subsection (b) prohibits the engagement or employ- ment of an individual required to have a document pre- scribed under section 7302 if the individual does not have one. Except for licensed or registered individuals, the document must specify the capacity in which the individual is engaged or employed. Subsection (c) requires an individual to exhibit the required document to the master, if not otherwise re- quired to do so in some other manner before that indi- vidual may be employed. Subsection (d) prescribes the penalty for violation of this section. Editorial Notes AMENDMENTS 2002—Subsec. (a)(9), (10). Pub. L. 107–295 added par. (9) and redesignated former par. (9) as (10). 1996—Subsec. (a). Pub. L. 104–324, § 731(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’’ in introductory provi- sions. Subsec. (a)(6). Pub. L. 104–324, § 731(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 ‘‘1,600 gross tons’’. Subsec. (a)(9). Pub. L. 104–324, § 1104(e), added par. (9). 1986—Subsec. (a)(8). Pub. L. 99–640 added par. (8). 1984—Subsec. (a)(3). Pub. L. 98–364, § 402(12)(A)(i), sub- stituted ‘‘fishing, fish tender, or whaling’’ for ‘‘fishing or whaling’’. Subsec. (a)(6), (7). Pub. L. 98–364, § 402(12)(A)(ii)– (iv), added pars. (6) and (7). Statutory Notes and Related Subsidiaries NON-OPERATING INDIVIDUAL Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8313(a), (b), Jan. 1, 2021, 134 Stat. 4697, 4698, as amended by Pub. L. 117–263, div. K, title CXV, § 11516, Dec. 23, 2022, 136 Stat. 4141, provided that: ‘‘(a) IN GENERAL.—The Secretary of the department in which the Coast Guard is operating shall not enforce section 8701 of title 46, United States Code, with respect to the following: ‘‘(1) A vessel with respect to individuals, other than crew members required by the Certificate of Inspec- tion or to ensure the safe navigation of the vessel and not a member of the steward’s department, engaged on board for the sole purpose of carrying out spill re- sponse activities, salvage, marine firefighting, or commercial diving business or functions from or on any vessel, including marine firefighters, spill re- sponse personnel, salvage personnel, and commercial divers and diving support personnel. ‘‘(2) An offshore supply vessel, an industrial vessel (as such term is defined in section 90.10–16 of title 46, Code of Federal Regulations), or other similarly en- gaged vessel with respect to persons engaged in the business of the ship on board the vessel— ‘‘(A) for— ‘‘(i) supporting or executing the industrial busi- ness or function of the vessel; ‘‘(ii) brief periods to conduct surveys or inves- tigations, assess crew competence, conduct vessel trials, provide extraordinary security resources, or similar tasks not traditionally performed by the vessel crew; or ‘‘(iii) performing maintenance tasks on equip- ment under warranty, or on equipment not owned by the vessel owner, or maintenance beyond the capability of the vessel crew to perform; and ‘‘(B) not the master or crew members required by the certificate of inspection and not a member of the steward’s department. ‘‘(b) SUNSET.—The prohibition in subsection (a) shall terminate on January 1, 2025.’’ § 8702. Certain crew requirements (a) This section applies to a vessel of at least 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— (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 (except a fish tender vessel engaged in the Aleutian trade) or a yacht; (4) a sailing school vessel with respect to sailing school instructors and sailing school students; (5) an oceanographic research vessel with re- spect to scientific personnel; (6) a fish processing vessel entered into serv- ice 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 Secretary under section 14104 of this title 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; and (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. (b) A vessel may operate only if at least— Page 166 TITLE 46—SHIPPING § 8703 (1) 75 percent of the crew in each department on board is able to understand any order spo- ken by the officers, and (2) 65 percent of the deck crew (excluding li- censed individuals) have merchant mariners’ documents endorsed for a rating of at least able seaman, except that this percentage may be reduced to 50 percent— (i) on a vessel permitted under section 8104 of this title to maintain a 2-watch system; or (ii) on a fish tender vessel engaged in the Aleutian trade. (c) An able seaman is not required on a towing vessel operating on bays and sounds connected directly with the seas. (d) An individual having a rating of less than able seaman may not be permitted at the wheel in ports, harbors, and other waters subject to congested vessel traffic, or under conditions of reduced visibility, adverse weather, or other hazardous circumstances. (e) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this section or a regula- tion prescribed under this section is liable to the United States Government for a civil penalty of $10,000. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 554; Pub. L. 98–364, title IV, § 402(12)(B), July 17, 1984, 98 Stat. 449; Pub. L. 100–239, § 5(e), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 101–380, title IV, § 4302(i), Aug. 18, 1990, 104 Stat. 539; Pub. L. 101–595, title VI, § 602(e)(2), Nov. 16, 1990, 104 Stat. 2992; Pub. L. 104–324, title VII, § 732, Oct. 19, 1996, 110 Stat. 3941.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 8702 .............................................. 46:643 46:672 Section 8702 specifies certain crew requirements. Subsection (a) applies this section to the same ves- sels to which section 8701 applies. Subsection (b) requires that 75 percent of the crew in each department on board a vessel understand any order spoken by the officers and that 65 percent of the deck crew be at least able seamen, except for the li- censed officers. For 2-watch system vessels under sec- tion 8104, the 65-percent deck crew requirement may be reduced to 50 percent. Subsection (c) exempts certain inland towing vessels from the able seaman requirement. Subsection (d) prohibits anyone having a rating of less than able seamen from serving as a helmsman in congested vessel traffic or under hazardous conditions. Subsection (e) prescribes the penalty for violation of this section. Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–324, § 732(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’’ in introductory provi- sions. Subsec. (a)(6). Pub. L. 104–324, § 732(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 ‘‘1,600 gross tons’’. 1990—Subsec. (a)(3). Pub. L. 101–595, § 602(e)(2)(A), sub- stituted ‘‘vessel (except a fish tender vessel engaged in the Aleutian trade)’’ for ‘‘vessel’’. Subsec. (b)(2). Pub. L. 101–595, § 602(e)(2)(B), inserted provisions authorizing reduction to 50 percent of the deck crew in the case of a fish tender vessel engaged in the Aleutian trade. Subsec. (e). Pub. L. 101–380 substituted ‘‘$10,000’’ for ‘‘$500’’. 1988—Subsec. (b). Pub. L. 100–239 substituted ‘‘oper- ate’’ for ‘‘depart from a port of the United States’’. 1984—Subsec. (a)(3). Pub. L. 98–364, § 402(12)(B)(i), sub- stituted ‘‘fishing, fish tender, or whaling’’ for ‘‘fishing or whaling’’. Subsec. (a)(6), (7). Pub. L. 98–364, § 402(12)(B)(ii)– (iv), added pars. (6) and (7). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENTS Amendment by section 602(e)(2)(A) of Pub. L. 101–595 effective Nov. 16, 1990, and requirements imposed by subsec. (b)(2), as amended by section 602(e)(2)(B) of Pub. L. 101–595, effective 1 year after Nov. 16, 1990, see sec- tion 602(f) of Pub. L. 101–595, set out as a note under section 4502 of this title. 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. EXEMPTION OF CERTAIN FISH PROCESSING VESSELS Certain fish processing vessels exempt from crew re- quirements of subsec. (b) of this section, see section 403(b) of Pub. L. 98–364, as amended, set out as a note under section 3302 of this title. § 8703. Tankermen on tank vessels (a) A vessel of the United States to which chapter 37 of this title applies, that has on board oil or hazardous material in bulk as cargo or cargo residue, shall have a specified number of the crew certified as tankermen as required by the Secretary. This requirement shall be noted on the certificate of inspection issued to the ves- sel. (b) A vessel to which section 3702(b) of this title applies shall have on board as a crew- member in charge of the transfer operation an individual certified as a tankerman (qualified for the grade of fuel transferred), unless a mas- ter, mate, pilot, engineer, or operator licensed under section 7101 of this title is present in charge of the transfer. If the vessel does not have that individual on board, chapter 37 of this title applies to the vessel. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 98–557, § 18, Oct. 30, 1984, 98 Stat. 2869; Pub. L. 115–232, div. C, title XXXV, § 3546(h), Aug. 13, 2018, 132 Stat. 2326.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 8703(a) ......................................... 46:391a(10)(A) 8703(b) ......................................... 46:391a(10)(C) 8703(c) ......................................... 46:391a(4)(B) Section 8703 sets requirements for tankermen on board vessels carrying oil or hazardous material in bulk as cargo or cargo residue. Subsection (a) requires a specified number of the crew certified as tankermen on board these vessels and a notation be made to that effect on the vessel’s certifi- cate of inspection. A tankerman is an individual who is experienced and trained in the procedures for transfer-