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 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 Page 163 TITLE 46—SHIPPING § 8503 (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 re- quired 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 regula- tion 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 regula- tion 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 li- censed under section 7101 of this title. (2) In any area of Prince William Sound, Alas- ka, where a vessel subject to this section is re- quired to be under the direction and control of a pilot licensed under section 7101 of this title, 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 Fed- eral license, when the vessel is navigating wa- ters 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 who is sepa- rate 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 para- graph (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. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 553; Pub. L. 98–557, § 29(f)(1), (2), Oct. 30, 1984, 98 Stat. 2874; Pub. L. 99–307, § 1(13), May 19, 1986, 100 Stat. 446; Pub. L. 101–380, title IV, §§ 4116(a), (b), 4302(g), Aug. 18, 1990, 104 Stat. 522, 539; Pub. L. 101–595, title III, § 307, Nov. 16, 1990, 104 Stat. 2985; Pub. L. 105–383, title III, § 301(b)(7), Nov. 13, 1998, 112 Stat. 3417.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 8502 .............................................. 46:215 46:364 46:391a 46:497 Section 8502 sets forth the provisions and require- ments for pilots licensed under section 7101. It is an ex- ception provided by law envisioned under section 8501(a). Subsection (a) applies the requirement for a Federal pilot to coastwise seagoing vessels if propelled by ma- chinery and inspected under part B or if inspected under chapter 37, including a tank barge. The section has been carefully worded to clearly set out those ves- sels that are required at times to have a Federal pilot. Subsection (b) prohibits Federal pilot fees from being higher than those required for State pilots. Subsections (c) and (d) prohibit States from imposing impediments to the proper performance of, or levying charges re- lated to, Federal pilotage. Subsections (e) and (f) prescribe civil penalties for violation of this section. Editorial Notes AMENDMENTS 1998—Subsec. (a)(3). Pub. L. 105–383 substituted ‘‘not beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured’’ for ‘‘not on the high seas’’. 1990—Subsec. (a). Pub. L. 101–595, § 307(1), substituted ‘‘subsections (g) and (i)’’ for ‘‘subsection (g)’’ in intro- ductory provisions. Subsecs. (e), (f). Pub. L. 101–380, § 4302(g), substituted ‘‘$10,000’’ for ‘‘$500’’. Subsec. (g). Pub. L. 101–380, § 4116(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: ‘‘The Secretary shall designate by regulation the areas of the approaches to and waters of Prince William Sound, Alaska, 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.’’ Subsec. (h). Pub. L. 101–380, § 4116(b), added subsec. (h). Subsec. (i). Pub. L. 101–595, § 307(2), added subsec. (i). 1986—Subsec. (a)(4)(A). Pub. L. 99–307 substituted ‘‘part’’ for ‘‘Part’’. 1984—Subsec. (a). Pub. L. 98–557, § 29(f)(1), amended subsec. (a) generally, which prior to amendment read as follows: ‘‘A coastwise seagoing vessel, when not sailing on register and when underway (except on the high seas), shall be under the direction and control of a pilot licensed under section 7101 of this title if the vessel is— ‘‘(1) propelled by machinery and subject to inspec- tion under part B of this subtitle; or ‘‘(2) subject to inspection under chapter 37 of this title.’’ Subsec. (g). Pub. L. 98–557, § 29(f)(2), added subsec. (g). 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. Executive Documents TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. § 8503. Federal pilots authorized (a) The Secretary may require a pilot licensed under section 7101 of this title on a self-pro-