
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: 46USC8502]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                       Part F--Manning of Vessels
 
                           CHAPTER 85--PILOTS
 
Sec. 8502. Federal pilots required

    (a) 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--
        (1) not sailing on register;
        (2) underway;
        (3) not beyond 3 nautical miles from the baselines from which 
    the territorial sea of the United States is measured; and
        (4)(A) propelled by machinery and subject to inspection under 
    part B of this subtitle; or
        (B) subject to inspection under chapter 37 of this title.

    (b) 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.
    (c) 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.
    (d) 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.
    (e) 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.
    (f) 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.
    (g)(1) 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.
    (2) 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 deg.49' North 
latitude and the Port of Valdez, Alaska.
    (h) 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.
    (i)(1) Except as provided in paragraph (2), a dredge to which this 
section would otherwise apply is exempt from the requirements of this 
section.
    (2) 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.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 553; Pub. L. 98-557, 
Sec. 29(f)(1), (2), Oct. 30, 1984, 98 Stat. 2874; Pub. L. 99-307, 
Sec. 1(13), May 19, 1986, 100 Stat. 446; Pub. L. 101-380, title IV, 
Secs. 4116(a), (b), 4302(g), Aug. 18, 1990, 104 Stat. 522, 539; Pub. L. 
101-595, title III, Sec. 307, Nov. 16, 1990, 104 Stat. 2985; Pub. L. 
105-383, title III, Sec. 301(b)(7), Nov. 13, 1998, 112 Stat. 3417.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
8502..............................  46:215
                                    46:364
                                    46:391a
                                    46:497
------------------------------------------------------------------------

    Section 8502 sets forth the provisions and requirements for pilots 
licensed under section 7101. It is an exception provided by law 
envisioned under section 8501(a).
    Subsection (a) applies the requirement for a Federal pilot to 
coastwise seagoing vessels if propelled by machinery and inspected under 
part B or if inspected under chapter 37, including a tank barge. The 
section has been carefully worded to clearly set out those vessels that 
are required at times to have a Federal pilot.
    Subsection (b) prohibits Federal pilot fees from being higher than 
those required for State pilots. Subsections (c) and (d) prohibit States 
from imposing impediments to the proper performance of, or levying 
charges related to, Federal pilotage.
    Subsections (e) and (f) prescribe civil penalties for violation of 
this section.


                               Amendments

    1998--Subsec. (a)(3). Pub. L. 105-383 substituted ``not beyond 3 
nautical miles from the baselines from which the territorial sea of the 
United States is measured'' for ``not on the high seas''.
    1990--Subsec. (a). Pub. L. 101-595, Sec. 307(1), substituted 
``subsections (g) and (i)'' for ``subsection (g)'' in introductory 
provisions.
    Subsecs. (e), (f). Pub. L. 101-380, Sec. 4302(g), substituted 
``$10,000'' for ``$500''.
    Subsec. (g). Pub. L. 101-380, Sec. 4116(a), amended subsec. (g) 
generally. Prior to amendment, subsec. (g) read as follows: ``The 
Secretary shall designate by regulation the areas of the approaches to 
and waters of Prince William Sound, Alaska, 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.''
    Subsec. (h). Pub. L. 101-380, Sec. 4116(b), added subsec. (h).
    Subsec. (i). Pub. L. 101-595, Sec. 307(2), added subsec. (i).
    1986--Subsec. (a)(4)(A). Pub. L. 99-307 substituted ``part'' for 
``Part''.
    1984--Subsec. (a). Pub. L. 98-557, Sec. 29(f)(1), amended subsec. 
(a) generally, which prior to amendment read as follows: ``A coastwise 
seagoing vessel, when not sailing on register and when underway (except 
on the high seas), shall be under the direction and control of a pilot 
licensed under section 7101 of this title if the vessel is--
        ``(1) propelled by machinery and subject to inspection under 
    part B of this subtitle; or
        ``(2) subject to inspection under chapter 37 of this title.''
    Subsec. (g). Pub. L. 98-557, Sec. 29(f)(2), added subsec. (g).


                    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.
