
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC8301]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                       Part F--Manning of Vessels
 
                    CHAPTER 83--MASTERS AND OFFICERS
 
Sec. 8301. Minimum number of licensed individuals

    (a) Except as provided in chapter 89 of this title and except for a 
vessel operating only on rivers, harbors, lakes (except the Great 
Lakes), bays, sounds, bayous, and canals, a vessel subject to inspection 
under chapter 33 of this title shall engage a minimum of licensed 
individuals as follows:
        (1) Each of those vessels propelled by machinery or carrying 
    passengers shall have a licensed master.
        (2) A vessel of at least 1,000 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 and propelled by machinery shall have 3 
    licensed mates, except--
            (A) in the case of a vessel other than a mobile offshore 
        drilling unit, if on a voyage of less than 400 miles from port 
        of departure to port of final destination, the vessel shall have 
        2 licensed mates; and
            (B) in the case of a mobile offshore drilling unit, the 
        vessel shall have licensed individuals as provided by 
        regulations prescribed by the Secretary under section 8101 of 
        this title.

        (3) A vessel of at least 200 gross tons but less than 1,000 
    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 and 
    propelled by machinery shall have 2 licensed mates.
        (4) A vessel of at least 100 gross tons but less than 200 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 and propelled by 
    machinery shall have one licensed mate. However, if the vessel is on 
    a voyage of more than 24 hours, it shall have 2 licensed mates.
        (5) A freight vessel or a passenger vessel of at least 300 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 and propelled by 
    machinery shall have a licensed engineer.

    (b) An offshore supply vessel on a voyage of less than 600 miles 
shall have a licensed mate. However, if the vessel is on a voyage of at 
least 600 miles, the vessel shall have 2 licensed mates. An offshore 
supply vessel of more than 200 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 may not be operated without a licensed engineer.
    (c) Subsection (a) of this section does not apply to a fishing or 
whaling vessel, a mobile offshore drilling unit when on location, or a 
yacht.
    (d) The Secretary may--
        (1) suspend any part of this chapter during a national emergency 
    proclaimed by the President; and
        (2) increase the number of licensed individuals on a vessel to 
    which this chapter applies if, in the Secretary's judgment, the 
    vessel is not sufficiently manned for safe operation.

    (e) The Secretary may prescribe the minimum number of licensed 
individuals for an oil spill response vessel.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 550; Pub. L. 98-557, Sec. 29(c), 
(d), Oct. 30, 1984, 98 Stat. 2873, 2874; Pub. L. 99-640, Sec. 11(d), 
Nov. 10, 1986, 100 Stat. 3550; Pub. L. 100-448, Sec. 7, Sept. 28, 1988, 
102 Stat. 1842; Pub. L. 103-206, title III, Sec. 322(b), Dec. 20, 1993, 
107 Stat. 2428; Pub. L. 104-324, title VII, Sec. 729, title XI, 
Sec. 1104(d), Oct. 19, 1996, 110 Stat. 3940, 3967.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
8301..............................  46:223
                                    46:404-1(8)
------------------------------------------------------------------------

    Section 8301 prescribes the minimum number of licensed individuals 
on board certain vessels based on the vessel's size or propulsion, 
length of voyage by distance or time, or any combination of these 
factors.
    Subsection (a) applies to certain merchant and passenger carrying 
vessels of the United States, each of which must have a licensed master 
regardless of the factors listed above. Subsection (b) applies to 
offshore supply vessels. Subsection (c) exempts fishing or whaling 
vessels or yachts from these requirements.
    Subsection (d) permits the Secretary to suspend any part of this 
chapter during a declared national emergency or to increase the number 
of licensed individuals required by this chapter if required for safe 
operation of a vessel.


                               Amendments

    1996--Subsec. (a)(2). Pub. L. 104-324, Sec. 729(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 ``1,000 gross 
tons''.
    Subsec. (a)(3). Pub. L. 104-324, Sec. 729(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 ``1,000 gross tons''.
    Subsec. (a)(4). Pub. L. 104-324, Sec. 729(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 ``200 gross tons''.
    Subsec. (a)(5). Pub. L. 104-324, Sec. 729(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 ``300 gross tons''.
    Subsec. (b). Pub. L. 104-324, Sec. 729(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 ``200 gross tons''.
    Subsec. (e). Pub. L. 104-324, Sec. 1104(d), amended subsec. (e) 
generally. Prior to amendment, subsec. (e) read as follows: ``A vessel 
used only to respond to a discharge of oil or a hazardous substance 
shall have--
        ``(1) two licensed mates when the vessel is engaged in an 
    operation over 12 hours in duration;
        ``(2) one licensed mate when the vessel is engaged in an 
    operation less than 12 hours in duration; and
        ``(3) if the vessel is more than 200 gross tons, a licensed 
    engineer when the vessel is operating.''
    1993--Subsec. (e). Pub. L. 103-206 added subsec. (e).
    1988--Subsec. (a)(2). Pub. L. 100-448 amended par. (2) generally. 
Prior to amendment, par. (2) read as follows: ``A vessel of at least 
1,000 gross tons and propelled by machinery shall have 3 licensed mates. 
However, if the vessel is on a voyage of less than 400 miles from port 
of departure to port of final destination, it shall have 2 licensed 
mates.''
    1986--Subsec. (c). Pub. L. 99-640 inserted ``, a mobile offshore 
drilling unit when on location,''.
    1984--Subsec. (a). Pub. L. 98-557, Sec. 29(c), in provisions 
preceding par. (1) inserted exception for the Great Lakes and 
substituted provisions relating to inspection under chapter 33 of this 
title for provisions relating to applicability of part B of this 
subtitle.
    Subsec. (a)(1). Pub. L. 98-557, Sec. 29(d), inserted ``propelled by 
machinery or carrying passengers''.
