
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: 46USC8701]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                       Part F--Manning of Vessels
 
                    CHAPTER 87--UNLICENSED PERSONNEL
 
Sec. 8701. Merchant mariners' documents required

    (a) This section applies to a merchant 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--
        (1) a vessel operating only on rivers and lakes (except the 
    Great Lakes);
        (2) a barge (except a seagoing barge or a barge to which chapter 
    37 of this title applies);
        (3) a fishing, fish tender, or whaling vessel or a yacht;
        (4) a sailing school vessel with respect to sailing school 
    instructors and sailing school students;
        (5) an oceanographic research vessel with respect to scientific 
    personnel;
        (6) 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;
        (7) 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;
        (8) a mobile offshore drilling unit with respect to individuals, 
    other than crew members required by the certificate of inspection, 
    engaged on board the unit for the sole purpose of carrying out the 
    industrial business or function of the unit; and
        (9) the Secretary may prescribe the individuals required to hold 
    a merchant mariner's document serving onboard an oil spill response 
    vessel.

    (b) A person may not engage or employ an individual, and an 
individual may not serve, on board a vessel to which this section 
applies if the individual does not have a merchant mariner's document 
issued to the individual under section 7302 of this title. Except for an 
individual required to be licensed or registered under this part, the 
document must authorize service in the capacity for which the holder of 
the document is engaged or employed.
    (c) On a vessel to which section 10306 or 10503 of this title does 
not apply, an individual required by this section to hold a merchant 
mariner's document must exhibit it to the master of the vessel before 
the individual may be employed.
    (d) A person (including an individual) violating this section is 
liable to the United States Government for a civil penalty of $500.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 554; Pub. L. 98-364, title IV, 
Sec. 402(12)(A), July 17, 1984, 98 Stat. 449; Pub. L. 99-640, 
Sec. 11(c), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 104-324, title VII, 
Sec. 731, title XI, Sec. 1104(e), Oct. 19, 1996, 110 Stat. 3940, 3967.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
8701..............................  46:444
                                    46:643
                                    46:643a
                                    46:672
------------------------------------------------------------------------

    Section 8701 requires an individual to have a merchant mariner's 
document before that individual can be engaged or employed on certain 
vessels.
    Subsection (a) makes this documentation requirement applicable to 
United States merchant vessels of at least 100 gross tons except for 
certain inland vessels and barges, fishing or whaling vessels, yachts, 
and, in certain circumstances, to sailing school vessels or 
oceanographic research vessels.
    Subsection (b) prohibits the engagement or employment of an 
individual required to have a document prescribed under section 7302 if 
the individual does not have one. Except for licensed or registered 
individuals, the document must specify the capacity in which the 
individual is engaged or employed.
    Subsection (c) requires an individual to exhibit the required 
document to the master, if not otherwise required to do so in some other 
manner before that individual may be employed.
    Subsection (d) prescribes the penalty for violation of this section.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-324, Sec. 731(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'' 
in introductory provisions.
    Subsec. (a)(6). Pub. L. 104-324, Sec. 731(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 ``1,600 gross tons''.
    Subsec. (a)(9). Pub. L. 104-324, Sec. 1104(e), added par. (9).
    1986--Subsec. (a)(8). Pub. L. 99-640 added par. (8).
    1984--Subsec. (a)(3). Pub. L. 98-364, Sec. 402(12)(A)(i), 
substituted ``fishing, fish tender, or whaling'' for ``fishing or 
whaling''.
    Subsec. (a)(6), (7). Pub. L. 98-364, Sec. 402(12)(A)(ii)- (iv), 
added pars. (6) and (7).

                  Section Referred to in Other Sections

    This section is referred to in sections 10103, 10306, 10503 of this 
title.
