-CITE- 46 USC CHAPTER 81 - GENERAL 01/02/2006 -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part F - Manning of Vessels CHAPTER 81 - GENERAL -HEAD- CHAPTER 81 - GENERAL -MISC1- Sec. 8101. Complement of inspected vessels. 8102. Watchmen. 8103. Citizenship and Navy Reserve requirements. 8104. Watches. 8105. Fishing vessel exemption. HISTORICAL AND REVISION NOTES Chapter 81 provides for the composition, citizenship, working hours, and other limitations affecting the complement of licensed individuals and crew on certain vessels, a safety watch onboard passenger vessels, membership in the Naval Reserve for certain deck and engineer officers, and penalties for violating, and regulatory authority for implementing its provisions. AMENDMENTS 2006 - Pub. L. 109-163, div. A, title V, Sec. 515(f)(3)(C), Jan. 6, 2006, 119 Stat. 3236, substituted "Citizenship and Navy Reserve requirements" for "Citizenship and Naval Reserve requirements" in item 8103. 1996 - Pub. L. 104-324, title XI, Sec. 1146(b), Oct. 19, 1996, 110 Stat. 3993, added item 8105. 1990 - Pub. L. 101-595, title VI, Sec. 603(7)(B), Nov. 16, 1990, 104 Stat. 2993, struck out item 8105 "Regulations". -End- -CITE- 46 USC Sec. 8101 01/02/2006 -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part F - Manning of Vessels CHAPTER 81 - GENERAL -HEAD- Sec. 8101. Complement of inspected vessels -STATUTE- (a) The certificate of inspection issued to a vessel under part B of this subtitle shall state the complement of licensed individuals and crew (including lifeboatmen) considered by the Secretary to be necessary for safe operation. A manning requirement imposed on - (1) a sailing school vessel shall consider the participation of sailing school instructors and sailing school students in the operation of that vessel; (2) a mobile offshore drilling unit shall consider the specialized nature of the unit; and (3) a tank vessel shall consider the navigation, cargo handling, and maintenance functions of that vessel for protection of life, property, and the environment. (b) The Secretary may modify the complement, by endorsement on the certificate, for reasons of changed conditions or employment. (c) A requirement made under this section by an authorized official may be appealed to the Secretary under prescribed regulations. (d) A vessel to which this section applies may not be operated without having in its service the complement required in the certificate of inspection. (e) When a vessel is deprived of the service of a member of its complement without the consent, fault, or collusion of the owner, charterer, managing operator, agent, master, or individual in charge of the vessel, the master shall engage, if obtainable, a number of members equal to the number of those of whose services the master has been deprived. The replacements must be of the same or a higher grade or rating than those whose places they fill. If the master finds the vessel is sufficiently manned for the voyage, and replacements are not available to fill all the vacancies, the vessel may proceed on its voyage. Within 12 hours after the vessel arrives at its destination, the master shall report in writing to the Secretary the cause of each deficiency in the complement. A master failing to make the report is liable to the United States Government for a civil penalty of $1,000 for each deficiency. (f) The owner, charterer, or managing operator of a vessel not manned as required by this section is liable to the Government for a civil penalty of $10,000. (g) A person may not employ an individual as, and an individual may not serve as, a master, mate, engineer, radio officer, or pilot of a vessel to which this part applies or which is subject to inspection under chapter 33 of this title if the individual is not licensed by the Secretary. A person (including an individual) violating this subsection is liable to the Government for a civil penalty of not more than $10,000. Each day of a continuing violation is a separate offense. (h) The owner, charterer, or managing operator of a freight vessel of less than 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, a small passenger vessel, or a sailing school vessel not manned as required by this section is liable to the Government for a civil penalty of $1,000. The vessel also is liable in rem for the penalty. (i) When the 2 next most senior licensed officers on a vessel reasonably believe that the master or individual in charge of the vessel is under the influence of alcohol or a dangerous drug and is incapable of commanding the vessel, the next most senior master, mate, or operator licensed under section 7101(c)(1) or (3) of this title shall - (1) temporarily relieve the master or individual in charge; (2) temporarily take command of the vessel; (3) in the case of a vessel required to have a log under chapter 113 of this title, immediately enter the details of the incident in the log; and (4) report those details to the Secretary - (A) by the most expeditious means available; and (B) in written form transmitted within 12 hours after the vessel arrives at its next port. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 547; Pub. L. 98-557, Sec. 29(b), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 99-640, Sec. 11(b), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 101-380, title IV, Secs. 4104, 4114(c), 4302(e), Aug. 18, 1990, 104 Stat. 511, 517, 538; Pub. L. 104-324, title VII, Sec. 725, Oct. 19, 1996, 110 Stat. 3939.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised section Source section (U.S. Code) -------------------------------------------------------------------- 8101 46:222 46:224 46:446d -------------------------------------------------------------------- Section 8101 provides for the required composition of the complement of licensed individuals and crew of an inspected vessel when being operated. Subsection (a) requires that the certificate of inspection for a vessel state the manning necessary for safe navigation. Manning means the complement of licensed officers and crew (including lifeboatmen). Any manning requirements for sailing school vessels shall take into account the participation of sailing school instructors and sailing school students in the operation of those vessels. Subsection (b) permits the Secretary to modify the manning requirements for reasons of changed conditions or employment. Subsection (c) permits an appeal to the Secretary of any manning requirements made by an authorized official. Subsection (d) prohibits the operation of a vessel without the manning required in the vessel's certificate of inspection. When a vessel has a vacancy in the manning required by its certificate of inspection without the consent, fault, or collusion of anyone responsible for the management or operation of the vessel, subsection (e) requires that the master hire replacements, if possible, in the same or higher grade or rating. However, if the master finds the vessel sufficiently manned and replacements are not available, the vessel may proceed on its voyage. Within 12 hours of arrival at its destination, the master is required to file a written report with the Secretary stating the cause of each deficiency or be liable for a civil penalty. The report of deficiency should include both the reason for the vacancy in the first instance and the reason for the unavailability of a qualified replacement. Subsections (f), (g) and (h) prescribe civil penalties for noncompliance with manning requirements. Subsection (g) also prohibits the employment or service of an individual in a licensed capacity who is not licensed by the Secretary. AMENDMENTS 1996 - Subsec. (h). Pub. L. 104-324 inserted "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" after "100 gross tons". 1990 - Subsec. (a)(3). Pub. L. 101-380, Sec. 4114(c), added par. (3). Subsec. (e). Pub. L. 101-380, Sec. 4302(e)(1), substituted "$1,000" for "$50". Subsec. (f). Pub. L. 101-380, Sec. 4302(e)(2), substituted "$10,000" for "$100, or, for a deficiency of a licensed individual, a penalty of $500". Subsec. (g). Pub. L. 101-380, Sec. 4302(e)(3), substituted "$10,000" for "$500". Subsec. (i). Pub. L. 101-380, Sec. 4104, added subsec. (i). 1986 - Subsec. (a). Pub. L. 99-640 amended subsec. (a) generally, inserting cl. (1) designation before "a sailing school" and adding cl. (2). 1984 - Subsec. (g). Pub. L. 98-557 substituted provisions relating to inspection under chapter 33 of this title, for provisions relating to applicability of part B of this subtitle. 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. -End- -CITE- 46 USC Sec. 8102 01/02/2006 -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part F - Manning of Vessels CHAPTER 81 - GENERAL -HEAD- Sec. 8102. Watchmen -STATUTE- (a) The owner, charterer, or managing operator of a vessel carrying passengers during the nighttime shall keep a suitable number of watchmen in the vicinity of the cabins or staterooms and on each deck to guard against and give alarm in case of a fire or other danger. An owner, charterer, or managing operator failing to provide watchmen required by this section is liable to the United States Government for a civil penalty of $1,000. (b) The owner, charterer, managing operator, agent, master, or individual in charge of a fish processing vessel of more than 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 shall keep a suitable number of watchmen trained in firefighting on board when hotwork is being done to guard against and give alarm in case of a fire. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 548; Pub. L. 98-364, title IV, Sec. 402(10), July 17, 1984, 98 Stat. 448; Pub. L. 104-324, title VII, Sec. 726, Oct. 19, 1996, 110 Stat. 3939.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised section Source section (U.S. Code) -------------------------------------------------------------------- 8102 46:470 46:471 -------------------------------------------------------------------- Section 8102 requires the person responsible for the management of a vessel carrying passengers to have a suitable watch at night to guard against, and to sound an alarm in case of fire or other danger, or be liable for a civil penalty. AMENDMENTS 1996 - Subsec. (b). Pub. L. 104-324 inserted "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" after "100 gross tons". 1984 - Pub. L. 98-364 designated existing provisions as subsec. (a) and added subsec. (b). -End- -CITE- 46 USC Sec. 8103 01/02/2006 -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part F - Manning of Vessels CHAPTER 81 - GENERAL -HEAD- Sec. 8103. Citizenship and Navy Reserve requirements -STATUTE- (a) Only a citizen of the United States may serve as master, chief engineer, radio officer, or officer in charge of a deck watch or engineering watch on a documented vessel. (b)(1) Except as otherwise provided in this section, on a documented vessel - (A) each unlicensed seaman must be - (i) a citizen of the United States; (ii) an alien lawfully admitted to the United States for permanent residence; or (iii) a foreign national who is enrolled in the United States Merchant Marine Academy.(!1) (B) not more than 25 percent of the total number of unlicensed seamen on the vessel may be aliens lawfully admitted to the United States for permanent residence. (2) Paragraph (1) of this subsection does not apply to - (A) a yacht; (B) a fishing vessel fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)); and (C) a fishing vessel fishing outside of the exclusive economic zone. (3) The Secretary may waive a citizenship requirement under this section, other than a requirement that applies to the master of a documented vessel, with respect to - (A) an offshore supply vessel or other similarly engaged vessel of less 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 that operates from a foreign port; (B) a mobile offshore drilling unit or other vessel engaged in support of exploration, exploitation, or production of offshore mineral energy resources operating beyond the water above the outer Continental Shelf (as that term is defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)); and (C) any other vessel if the Secretary determines, after an investigation, that qualified seamen who are citizens of the United States are not available. (c) On each departure of a vessel (except a passenger vessel) for which a construction or operating differential subsidy has been granted, all of the seamen of the vessel must be citizens of the United States. (d)(1) On each departure of a passenger vessel for which a construction or operating differential subsidy has been granted, at least 90 percent of the entire complement (including licensed individuals) must be citizens of the United States. (2) An individual not required by this subsection to be a citizen of the United States may be engaged only if the individual has a declaration of intention to become a citizen of the United States or other evidence of admission to the United States for permanent residence. An alien may be employed only in the steward's department of the passenger vessel. (e) If a documented vessel is deprived for any reason of the services of an individual (except the master and the radio officer) when on a foreign voyage and a vacancy consequently occurs, until the vessel's return to a port at which in the most expeditious manner a replacement who is a citizen of the United States can be obtained, an individual not a citizen of the United States may serve in - (1) the vacancy; or (2) a vacancy resulting from the promotion of another individual to fill the original vacancy. (f) A person employing an individual in violation of this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of $500 for each individual so employed. (g) A deck or engineer officer employed on a vessel on which an operating differential subsidy is paid, or employed on a vessel (except a vessel of the Coast Guard or Saint Lawrence Seaway Development Corporation) owned or operated by the Department of Transportation or by a corporation organized or controlled by the Department, if eligible, shall be a member of the Navy Reserve. (h) The President may - (1) suspend any part of this section during a proclaimed national emergency; and (2) when the needs of commerce require, suspend as far and for a period the President considers desirable, subsection (a) of this section for crews of vessels of the United States documented for foreign trade. (i)(1) Except as provided in paragraph (3) of this subsection, each unlicensed seaman on a fishing, fish processing, or fish tender vessel that is engaged in the fisheries in the navigable waters of the United States or the exclusive economic zone must be - (A) a citizen of the United States; (B) an alien lawfully admitted to the United States for permanent residence; (C) any other alien allowed to be employed under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or (D) an alien allowed to be employed under the immigration laws of the Commonwealth of the Northern Mariana Islands if the vessel is permanently stationed at a port within the Commonwealth and the vessel is engaged in the fisheries within the exclusive economic zone surrounding the Commonwealth or another United States territory or possession. (2) Not more than 25 percent of the unlicensed seamen on a vessel subject to paragraph (1) of this subsection may be aliens referred to in clause (C) of that paragraph. (3) This subsection does not apply to a fishing vessel fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)). -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 548; Pub. L. 100-239, Secs. 5(a)(1), (2), (b)-(d)(1), Jan. 11, 1988, 101 Stat. 1780; Pub. L. 100-255, Mar. 4, 1988, 102 Stat. 23; Pub. L. 101-595, title VI, Sec. 603(6), title VII, Sec. 711, Nov. 16, 1990, 104 Stat. 2993, 2997; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41; Pub. L. 104-324, title VII, Sec. 727, title XI, Sec. 1123, Oct. 19, 1996, 110 Stat. 3939, 3980; Pub. L. 108-293, title IV, Sec. 412, Aug. 9, 2004, 118 Stat. 1046; Pub. L. 109-163, div. A, title V, Sec. 515(f)(3)(A), (B), Jan. 6, 2006, 119 Stat. 3236.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised section Source section (U.S. Code) -------------------------------------------------------------------- 8103 46:221 46:236 46:672(h) 46:672a 46:690 46:1132 -------------------------------------------------------------------- Section 8103 sets forth the requirements for citizenship and Naval Reserve membership for the complement on a vessel documented under the laws of the United States. Subsection (a) requires that the master, chief engineer, or officer in charge of a deck or engineering watch on a United States documented vessel be a United States citizen. Subsection (b) requires that 75 percent of the seamen, excluding licensed individuals, on a United States documented vessel be United States citizens, except for a fishing or whaling vessel or yacht. The Secretary may reduce the percentage if the Secretary decides on investigation that United States seamen are not available. This investigation and percentage reduction authority is the sole responsibility of the Secretary of Transportation and accordingly the Secretary is to make these decisions expeditiously, promptly, and independently so as not to be dependent on any other agency to make this reduction. The Committee believes the Secretary is capable of this decision and need not delay or fail to make the decision because some other agency does not have the information or would require an extended period to acquire that information. The phrase "for any reason" is used merely to emphasize the complete discretion of the Secretary in making this decision. In addition, because this decision is based on an investigation, formal procedures of the Administrative Procedure Act do not apply. Subsections (c) and (d) provide that a vessel, except a passenger vessel, on departure from the United States that has been granted a construction or operating differential subsidy have a higher percentage citizenship requirement. Subsection (c) requires all of the crew and employees of a cargo vessel be United States citizens. Subsection (d) requires at least 90 percent of the entire complement of a passenger vessel be United States citizens. The phrase "including all licensed individuals" emphasizes that all licensed individuals are required to be United States citizens as required by subsection (a) and that they compose part of the 90 percent requirement under this subsection. Further, under subsection (d), the balance of the complement must be individuals who have a declaration of intention to become a United States citizen or evidence of admission to the United States as a permanent resident and may only be employed in the steward's department of the passenger vessel. Except for the master, subsection (e) permits a non-United States citizen to fill a vacancy that occurs for any reason on a United States documented vessel during a foreign voyage until the vessel returns to a United States port where a United States citizen replacement can be obtained. The phrase "for any reason" is used merely for emphasis. Subsection (f) provides for the penalty for violation of this section. Subsection (g) requires a deck or engineer officer on a vessel that has been granted an operating differential subsidy or is under the control by the Department of Transportation to be, if eligible, a member of the Naval Reserve. This section does not apply to a vessel of the Coast Guard or the Saint Lawrence Seaway Development Corporation. Subsection (h) permits the President to suspend the requirements of this section during a proclaimed national emergency or the requirement of subsection (a) for United States vessels documented for foreign trade when the needs of commerce require. -REFTEXT- REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (i)(1)(C), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, and is classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. -MISC2- AMENDMENTS 2006 - Pub. L. 109-163, Sec. 515(f)(3)(B), substituted "Citizenship and Navy Reserve requirements" for "Citizenship and Naval Reserve requirements" in section catchline. Subsec. (g). Pub. L. 109-163, Sec. 515(f)(3)(A), substituted "Navy Reserve" for "Naval Reserve". 2004 - Subsec. (b)(1)(A). Pub. L. 108-293 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "each unlicensed seaman must be a citizen of the United States or an alien lawfully admitted to the United States for permanent residence; and". 1996 - Subsec. (b)(2)(B). Pub. L. 104-208 substituted "Magnuson- Stevens Fishery" for "Magnuson Fishery". Subsec. (b)(3)(A). Pub. L. 104-324, Sec. 727, inserted "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" after "1,600 gross tons". Subsec. (i)(1)(D). Pub. L. 104-324, Sec. 1123, added subpar. (D). Subsec. (i)(3). Pub. L. 104-208 substituted "Magnuson-Stevens Fishery" for "Magnuson Fishery". 1990 - Subsec. (i)(3)(C). Pub. L. 101-595, Secs. 603(6) and 711, amended subpar. (C) identically, substituting "Nationality" for "Naturalization". 1988 - Subsec. (a). Pub. L. 100-239, Sec. 5(a)(1), inserted "radio officer," after "chief engineer,". Subsec. (b). Pub. L. 100-255 substituted "section," for "subsection," in par. (3). Pub. L. 100-239, Sec. 5(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "On each departure of a documented vessel (except a fishing or whaling vessel or yacht) from a port of the United States, 75 percent of the seamen (excluding licensed individuals) must be citizens of the United States. If the Secretary decides, on investigation, that qualified citizen seamen are not available, the Secretary may reduce the percentage." Subsecs. (c), (d)(1). Pub. L. 100-239, Sec. 5(b), struck out "from the United States" after "On each departure". Subsec. (e). Pub. L. 100-239, Sec. 5(c), inserted "and the radio officer" after "the master" and substituted "until the vessel's return to a port at which in the most expeditious manner" for "until the vessel's first return to a United States port at which". Subsec. (i). Pub. L. 100-239, Sec. 5(d)(1), added subsec. (i). EFFECTIVE DATE OF 1996 AMENDMENT Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104- 208 provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. EFFECTIVE DATE OF 1988 AMENDMENT Section 5(a)(3) of Pub. L. 100-239 provided that: "Paragraph (2) of this subsection [amending this section] is effective 30 days after the date of enactment of this Act [Jan. 11, 1988]." Section 5(d)(2) of Pub. L. 100-239 provided that: "This subsection [amending this section] is effective 360 days after the day of the enactment of this Act [Jan. 11, 1988]." -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -MISC3- APPLICATION OF SECTION TO FISHING VESSELS IN CALIFORNIA Section 317 of Pub. L. 101-595, as amended by Pub. L. 104-324, title III, Sec. 301(d)(2)(B), Oct. 19, 1996, 110 Stat. 3916, provided that: "(a) Definition. - For purposes of the application of sections 8103(a), 12102, 12110, 12111, and 12122(b) of title 46, United States Code, to a fishing vessel operating in waters subject to the jurisdiction of the United States off the coast of the State of California, the term 'citizen of the United States' includes an alien lawfully admitted to the United States for permanent residence. "(b) Termination. - This section shall terminate on October 1, 2000." -FOOTNOTE- (!1) So in original. The period probably should be "; and". -End- -CITE- 46 USC Sec. 8104 01/02/2006 -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part F - Manning of Vessels CHAPTER 81 - GENERAL -HEAD- Sec. 8104. Watches -STATUTE- (a) An owner, charterer, managing operator, master, individual in charge, or other person having authority may permit an officer to take charge of the deck watch on a vessel when leaving or immediately after leaving port only if the officer has been off duty for at least 6 hours within the 12 hours immediately before the time of leaving. (b) On an oceangoing or coastwise vessel of not more than 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 fishing, fish processing, or fish tender vessel), a licensed individual may not be required to work more than 9 of 24 hours when in port, including the date of arrival, or more than 12 of 24 hours at sea, except in an emergency when life or property are endangered. (c) On a towing vessel (except a towing vessel operated only for fishing, fish processing, fish tender, or engaged in salvage operations) operating on the Great Lakes, harbors of the Great Lakes, and connecting or tributary waters between Gary, Indiana, Duluth, Minnesota, Niagara Falls, New York, and Ogdensburg, New York, a licensed individual or seaman in the deck or engine department may not be required to work more than 8 hours in one day or permitted to work more than 15 hours in any 24-hour period, or more than 36 hours in any 72-hour period, except in an emergency when life or property are endangered. (d) On a merchant vessel of more than 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 only operating on rivers, harbors, lakes (except the Great Lakes), bays, sounds, bayous, and canals, a fishing, fish tender, or whaling vessel, a fish processing vessel of not more than 5,000 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, yacht, or vessel engaged in salvage operations), the licensed individuals, sailors, coal passers, firemen, oilers, and water tenders shall be divided, when at sea, into at least 3 watches, and shall be kept on duty successively to perform ordinary work incident to the operation and management of the vessel. The requirement of this subsection applies to radio officers only when at least 3 radio officers are employed. A licensed individual or seaman in the deck or engine department may not be required to work more than 8 hours in one day. (e) On a vessel designated by subsection (d) of this section - (1) a seaman may not be - (A) engaged to work alternately in the deck and engine departments; or (B) required to work in the engine department if engaged for deck department duty or required to work in the deck department if engaged for engine department duty; (2) a seaman may not be required to do unnecessary work on Sundays, New Year's Day, July 4th, Labor Day, Thanksgiving Day, or Christmas Day, when the vessel is in a safe harbor, but this clause does not prevent dispatch of a vessel on a voyage; and (3) when the vessel is in a safe harbor, 8 hours (including anchor watch) is a day's work. (f) Subsections (d) and (e) of this section do not limit the authority of the master or other officer or the obedience of the seamen when, in the judgment of the master or other officer, any part of the crew is needed for - (1) maneuvering, shifting the berth of, mooring, or unmooring, the vessel; (2) performing work necessary for the safety of the vessel, or the vessel's passengers, crew, or cargo; (3) saving life on board another vessel in jeopardy; or (4) performing fire, lifeboat, or other drills in port or at sea. (g) On a towing vessel, an offshore supply vessel, or a barge to which this section applies, that is engaged on a voyage of less than 600 miles, the licensed individuals and crewmembers (except the coal passers, firemen, oilers, and water tenders) may be divided, when at sea, into at least 2 watches. (h) On a vessel to which section 8904 of this title applies, an individual licensed to operate a towing vessel may not work for more than 12 hours in a consecutive 24-hour period except in an emergency. (i) A person violating subsection (a) or (b) of this section is liable to the United States Government for a civil penalty of $10,000. (j) The owner, charterer, or managing operator of a vessel on which a violation of subsection (c), (d), (e), or (h) of this section occurs is liable to the Government for a civil penalty of $10,000. The seaman is entitled to discharge from the vessel and receipt of wages earned. (k) On a fish processing vessel subject to inspection under part B of this subtitle, the licensed individuals and deck crew shall be divided, when at sea, into at least 3 watches. (l) Except as provided in subsection (k) of this section, on a fish processing vessel, the licensed individuals and deck crew shall be divided, when at sea, into at least 2 watches if the vessel - (1) entered into service before January 1, 1988, and is 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 (2) entered into service after December 31, 1987, and has more than 16 individuals on board primarily employed in the preparation of fish or fish products. (m) This section does not apply to a fish processing vessel - (1) 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 (2) 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. (n) On a tanker, a licensed individual or seaman may not be permitted to work more than 15 hours in any 24-hour period, or more than 36 hours in any 72-hour period, except in an emergency or a drill. In this subsection, "work" includes any administrative duties associated with the vessel whether performed on board the vessel or onshore. (o)(1) Except as provided in paragraph (2) of this subsection, on a fish tender vessel of not more than 500 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 engaged in the Aleutian trade, the licensed individuals and crewmembers shall be divided, when at sea, into at least 3 watches. (2) On a fish tender vessel of not more than 500 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 engaged in the Aleutian trade, the licensed individuals and crewmembers shall be divided, when at sea, into at least 2 watches, if the vessel - (A) before September 8, 1990, operated in that trade; or (B)(i) before September 8, 1990, was purchased to be used in that trade; and (ii) before June 1, 1992, entered into service in that trade. (p) The Secretary may prescribe the watchstanding and work hours requirements for an oil spill response vessel. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 549; Pub. L. 98-364, title IV, Sec. 402(11), July 17, 1984, 98 Stat. 448; Pub. L. 98-557, Sec. 33(c), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99-307, Sec. 1(12), May 19, 1986, 100 Stat. 445; Pub. L. 101-380, title IV, Secs. 4114(b), 4302(f), Aug. 18, 1990, 104 Stat. 517, 538; Pub. L. 101- 595, title VI, Sec. 602(e)(1), Nov. 16, 1990, 104 Stat. 2991; Pub. L. 102-587, title V, Sec. 5212, Nov. 4, 1992, 106 Stat. 5077; Pub. L. 103-206, title III, Sec. 322(a), Dec. 20, 1993, 107 Stat. 2428; Pub. L. 104-324, title VII, Sec. 728, title XI, Secs. 1104(c), 1114, Oct. 19, 1996, 110 Stat. 3939, 3967, 3971.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised section Source section (U.S. Code) -------------------------------------------------------------------- 8104 46:235 46:405(b) 46:673 -------------------------------------------------------------------- Section 8104 prescribes certain working hours and conditions under which working hours are set. The Committee intends that these sections be interpreted in a manner consistent with one another. Subsection (a) permits an individual to take charge of the deck watch on leaving port and immediately thereafter only if the individual has been off duty for 6 of the 12 hours immediately prior to departure. Subsection (b) prohibits a licensed individual from being required to work more than 9 of 24 hours in port or more than 12 of 24 hours at sea on an oceangoing or coastwise vessel of not more than 100 gross tons, except in an emergency. Subsection (c) prescribes a maximum 8-hour day for licensed individuals and seamen on towing vessels operating on the Great Lakes and certain connecting or tributary waters. Subsection (d) requires certain members of the complement of certain merchant vessels of more than 100 gross tons to be divided into at least 3 successive watches when at sea. This requirement applies to radio officers only when at least 3 radio officers are employed. Subsection (d) also prescribes a maximum 8-hour work day for licensed individuals and seamen on these vessels. For the Great Lakes towing vessels and merchant vessels in subsections (c) and (d(, subsection (e) requires that seamen be hired only for work in either the deck or the engine department. When in a safe harbor, seamen may be required to do only necessary work on Sundays and certain holidays, unless the vessel is getting underway on a voyage. Further, when in a safe harbor, this subsection restates the maximum 8-hour work day which applies even for anchor watch. Subsection (f) states that the limitations in subsections (d) and (e) do not apply if the master or other officer decides the crew is needed for certain routine, safety, or rescue activities. Subsection (g) provides that for a towing vessel (except a Great Lakes towing vessel under subsection (c)), offshore supply vessel, or barge on a voyage of less than 600 miles, the licensed officers and certain crewmembers may be divided into not less than two watches when at sea. Subsection (h) provides that the licensed operator for a towing vessel at least 26 feet long may not be required to work more than 12 of 24 hours, except in an emergency. Subsections (i) and (j) prescribe penalties for violations of the provisions of this section and, in certain instances, entitles the seaman to discharge and payment of wages. AMENDMENTS 1996 - Subsec. (b). Pub. L. 104-324, Sec. 728(1), inserted "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" after "100 gross tons". Subsec. (c). Pub. L. 104-324, Sec. 1114(a), struck out "or permitted" after "required" and inserted "or permitted to work more than 15 hours in any 24-hour period, or more than 36 hours in any 72-hour period" after "day". Subsec. (d). Pub. L. 104-324, Sec. 728(2), inserted "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" after "100 gross tons" and after "5,000 gross tons". Subsec. (e). Pub. L. 104-324, Sec. 1114(b), substituted "subsection (d)" for "subsections (c) and (d)" in introductory provisions. Subsec. (g). Pub. L. 104-324, Sec. 1114(c), struck out "(except a vessel to which subsection (c) of this section applies)" after "On a towing vessel". Subsec. (l)(1). Pub. L. 104-324, Sec. 728(3), inserted "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" after "1,600 gross tons". Subsec. (m)(1). Pub. L. 104-324, Sec. 728(4), inserted "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" after "1,600 gross tons". Subsec. (o)(1). Pub. L. 104-324, Sec. 728(5), inserted "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" after "500 gross tons". Subsec. (o)(2). Pub. L. 104-324, Sec. 728(6), inserted "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" after "500 gross tons". Subsec. (p). Pub. L. 104-324, Sec. 1104(c), amended subsec. (p) generally. Prior to amendment, subsec. (p) read as follows: "On a vessel used only to respond to a discharge of oil or a hazardous substance, the licensed individuals and crewmembers may be divided into at least two watches when the vessel is engaged in an operation less than 12 hours in duration." 1993 - Subsec. (g). Pub. L. 103-206, Sec. 322(a)(1), struck out "a vessel used only to respond to a discharge of oil or a hazardous substance," after "an offshore supply vessel,". Subsec. (p). Pub. L. 103-206, Sec. 322(a)(2), added subsec. (p). 1992 - Subsec. (g). Pub. L. 102-587, Sec. 5212(1), inserted "a vessel used only to respond to a discharge of oil or a hazardous substance," after "an offshore supply vessel,". Subsecs. (n), (o). Pub. L. 102-587, Sec. 5212(2), redesignated subsec. (n), relating to fish tender vessels of not more than 500 gross tons engaged in Aleutian trade, as (o). 1990 - Subsecs. (i), (j). Pub. L. 101-380, Sec. 4302(f), substituted "$10,000" for "$100" in subsec. (i) and for "$500" in subsec. (j). Subsec. (n). Pub. L. 101-595 added subsec. (n) relating to fish tender vessels of not more than 500 gross tons engaged in Aleutian trade. Pub. L. 101-380, Sec. 4114(b), added subsec. (n) relating to tankers. 1986 - Subsec. (k). Pub. L. 99-307 substituted "watches" for "watchers". 1984 - Subsec. (b). Pub. L. 98-364, Sec. 402(11)(A), substituted "100 gross tons (except a fishing, fish processing, or fish tender vessel)" for "100 gross tons". Subsec. (c). Pub. L. 98-364, Sec. 402(11)(B), substituted "fishing, fish processing, fish tender," for "fishing". Subsec. (d). Pub. L. 98-364, Sec. 402(11)(C), substituted "a fishing, fish tender, or whaling vessel, a fish processing vessel of not more than 5,000 gross tons" for "a fishing or whaling vessel". Subsec. (k). Pub. L. 98-557 substituted "shall" for "may". Pub. L. 98-364, Sec. 402(11)(D), added subsec. (k). Subsec. (l). Pub. L. 98-557 substituted "shall" for "may" in provisions preceding par. (1). Pub. L. 98-364, Sec. 402(11)(D), added subsec. (l). Subsec. (m). Pub. L. 98-364, Sec. 402(11)(D), added subsec. (m). 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. -End- -CITE- 46 USC Sec. 8105 01/02/2006 -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part F - Manning of Vessels CHAPTER 81 - GENERAL -HEAD- Sec. 8105. Fishing vessel exemption -STATUTE- Notwithstanding any other provision of law, neither the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, nor any amendment to such convention, shall apply to a fishing vessel, including a fishing vessel used as a fish tender vessel. -SOURCE- (Added Pub. L. 104-324, title XI, Sec. 1146(a), Oct. 19, 1996, 110 Stat. 3992.) -MISC1- PRIOR PROVISIONS A prior section 8105, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 550, authorized Secretary to prescribe regulations to carry out this part prior to repeal by Pub. L. 101-595, title VI, Sec. 603(7)(A), Nov. 16, 1990, 104 Stat. 2993. -End-