46 U.S.C. § 8702 — Certain crew requirements
submitted 43 years ago by Pub. L. 98-89 to r/title-46-SHIPPING · 438 words · no verdicts yet
This section sets minimum language and qualification requirements for crews on covered vessels and sets a civil penalty for violations.
(a) This section covers a vessel* of at least 100 gross tons, measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed under section 14104, except: (1) a vessel operating only on rivers and lakes other than the Great Lakes; (2) a barge* other than a seagoing barge or one covered by chapter 37; (3) a fishing, fish-tender, or whaling vessel, other than an Aleutian-trade fish tender, and a yacht; (4) a sailing school vessel, as to its instructors and students; (5) an oceanographic research vessel, as to scientific personnel; (6) a fish-processing vessel placed in service before January 1, 1988, that is no more than 1,600 gross tons, or one placed in service after December 31, 1987, with no more than 16 people mainly preparing fish or fish products; and (7) a fish-processing vessel not covered by (6), as to people mainly preparing fish or fish products or supporting work unrelated to navigation.
(b) A vessel may operate only if (1) at least 75 percent of the crew in each department can understand every order spoken by officers; and (2) at least 65 percent of the deck crew, excluding licensed people, hold merchant mariners’ documents endorsed for at least able seaman. The second percentage may be 50 percent on a vessel allowed to use a two-watch system under section 8104 or on an Aleutian-trade fish tender.
(c) A towing vessel operating on bays and sounds directly connected with the sea need not have an able seaman.
(d) A person rated below able seaman may not be at the wheel in ports, harbors, or other congested waters, or during reduced visibility, bad weather, or other dangerous conditions.
(e) The owner, charterer, managing operator, agent, master, or person in charge of a vessel violating this section or a regulation under it owes the United States a $10,000 civil penalty.
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—
a vessel operating only on rivers and lakes (except the Great Lakes);
a barge* (except a seagoing barge or a barge to which chapter 37 of this title applies);
a fishing, fish tender, or whaling vessel (except a fish tender vessel engaged in the Aleutian trade) or a yacht;
a sailing school vessel with respect to sailing school instructors and sailing school students;
an oceanographic research vessel with respect to scientific personnel;
a fish processing vessel entered into service 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
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.
A vessel may operate only if at least—
75 percent of the crew in each department on board is able to understand any order spoken by the officers, and
65 percent of the deck crew (excluding licensed individuals) have merchant mariners’ documents endorsed for a rating of at least able seaman, except that this percentage may be reduced to 50 percent—
on a vessel permitted under section 8104 of this title to maintain a 2-watch system; or
on a fish tender vessel engaged in the Aleutian trade.
An able seaman is not required on a towing vessel operating on bays and sounds connected directly with the seas.
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.
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.
Source credit: (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.)
- 1983Enacted · Pub. L. 98-89 · 97 Stat. 554
- 1984Amended · Pub. L. 98-364 · 98 Stat. 449
- 1988Amended · Pub. L. 100-239 · 101 Stat. 1781
- 1990Amended · Pub. L. 101-380 · 104 Stat. 539
- 1990Amended · Pub. L. 101-595 · 104 Stat. 2992
- 1996Amended · Pub. L. 104-324 · 110 Stat. 3941
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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