46 U.S.C. § 8503 — Federal pilots authorized
submitted 42 years ago by Pub. L. 98-557 to r/title-46-SHIPPING · 202 words · no verdicts yet
The Secretary may require certain foreign-trade vessels near U.S. shores to carry a federally licensed pilot when state law does not already require one. That requirement ends once the relevant state sets its own pilot rule and tells the Secretary. Violations can bring a $25,000 penalty per day, and knowing violations are a felony.
(a) The Secretary may require a self-propelled vessel* to carry a pilot licensed under section 7101 when state* law does not already require a pilot, if the vessel is (1) engaged in foreign trade; and (2) operating (A) in the internal waters of the United States; or (B) within 3 nautical miles of the line marking the start of the U.S. territorial sea.
(b) A requirement set under subsection (a) ends once the state with authority over that area (1) sets its own rule requiring a state-licensed pilot, and (2) tells the Secretary it has done so.
(c) For the Saint Lawrence Seaway, the Secretary may only hand off this authority to the Great Lakes St. Lawrence Seaway Development Corporation, not to any other agency*.
(d) Anyone who violates this section, or a rule made under it, owes the United States a civil penalty of up to $25,000. Each day the violation continues counts as a separate violation, and the vessel itself can also be held liable for the penalty.
(e) Anyone who knowingly violates this section, or a rule made under it, has committed a class D felony.
The Secretary may require a pilot licensed under section 7101 of this title on a self-propelled vessel* when a pilot is not required by State* law and the vessel is—
engaged in foreign commerce; and
operating—
in internal waters of the United States; or
within 3 nautical miles from the baselines from which the territorial sea of the United States is measured.
A requirement prescribed under subsection (a) of this section is terminated when the State having jurisdiction over the area involved—
establishes a requirement for a State licensed pilot; and
notifies the Secretary of that fact.
For the Saint Lawrence Seaway, the Secretary may not delegate the authority under this section to an agency* except the Great Lakes St. Lawrence Seaway Development Corporation.
A person violating this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation. The vessel also is liable in rem for the penalty.
A person that knowingly violates this section or a regulation prescribed under this section commits a class D felony.
Source credit: (Added Pub. L. 98–557, § 29(f)(3)(A), Oct. 30, 1984, 98 Stat. 2874; amended Pub. L. 101–380, title IV, § 4302(h), Aug. 18, 1990, 104 Stat. 539; Pub. L. 105–383, title III, § 301(b)(8), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 116–260, div. AA, title V, § 512(c)(6)(C), Dec. 27, 2020, 134 Stat. 2757.)
- 1984Enacted · Pub. L. 98-557 · 98 Stat. 2874
- 1990Amended · Pub. L. 101-380 · 104 Stat. 539
- 1998Amended · Pub. L. 105-383 · 112 Stat. 3417
- 2020Amended · Pub. L. 116-260 · 134 Stat. 2757
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-557 on 1984-10-30.
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