46 U.S.C. § 8502 — Federal pilots required
submitted 43 years ago by Pub. L. 98-89 to r/title-46-SHIPPING · 546 words · no verdicts yet
This section requires certain coastwise seagoing vessels near the United States to be directed and controlled by a federally licensed pilot, subject to stated exceptions. It limits pilotage fees, bars State interference and charges, sets civil penalties, and provides special rules for Prince William Sound, large tankers, and dredges.
(a) Except as subsections (g) and (i) provide, a coastwise seagoing vessel* must be under a pilot licensed under section 7101 if it is (1) not sailing on register; (2) underway; (3) within 3 nautical miles of the baselines from which the U.S. territorial sea is measured; and (4)(A) machinery-propelled and subject to part B inspection, or (B) subject to chapter 37 inspection.
(b) Required pilotage fees may not exceed customary or legally established State* rates.
(c) A State or subdivision may not require such a federally licensed pilot to obtain another license or adopt a regulation impeding the pilot’s federal duties.
(d) A State or subdivision may not levy pilot charges on a lawfully piloted vessel.
(e) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this section or a regulation under it is liable to the United States for a $10,000 civil penalty. The vessel is also liable in rem.
(f) An individual serving as a pilot without a license required by this section or a regulation under it is liable to the Government for a $10,000 civil penalty.
(g) (1) The Secretary must designate by regulation any Prince William Sound areas where a covered vessel need not have such a pilot. (2) Where one is required, the pilot may not be crew; while navigating between 60°49′ North latitude and Port of Valdez, the pilot must be Alaska-licensed and operating under a Federal license.
(h) The Secretary must designate waters where covered tankers over 1,600 gross tons must have on the bridge a master or mate licensed under section 7101(c)(1), separate and distinct from the required pilot.
(i) (1) A covered dredge is exempt except as paragraph (2) provides. (2) After notice and comment, if the Secretary finds the exemption creates a navigational-safety hazard in a specified area, the Secretary may require an exempt dredge operating there to comply with this section.
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—
not sailing on register;
underway;
not beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured; and
propelled by machinery and subject to inspection under part B of this subtitle; or
subject to inspection under chapter 37 of this title.
The fees charged for pilotage by pilots required under this section may not be more than the customary or legally established rates in the States in which the pilotage is performed.
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.
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.
The owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this section or a regulation 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.
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.
The Secretary shall designate by regulation 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 licensed under section 7101 of this title.
In any area of Prince William Sound, Alaska, where a vessel subject to this section is required 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 Federal license, when the vessel is navigating waters between 60°49′ North latitude and the Port of Valdez, Alaska.
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 separate and distinct from the pilot required under subsection (a) of this section.
Except as provided in paragraph (2), a dredge to which this section would otherwise apply is exempt from the requirements of this section.
If the Secretary determines, after notice and comment, that the exemption under paragraph (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.
Source credit: (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.)
- 1983Enacted · Pub. L. 98-89 · 97 Stat. 553
- 1984Amended · Pub. L. 98-557 · 98 Stat. 2874
- 1986Amended · Pub. L. 99-307 · 100 Stat. 446
- 1990Amended · Pub. L. 101-380 · 104 Stat. 522, 539
- 1990Amended · Pub. L. 101-595 · 104 Stat. 2985
- 1998Amended · Pub. L. 105-383 · 112 Stat. 3417
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-89 on 1983-08-26.
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