
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: 46USC8702]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                       Part F--Manning of Vessels
 
                    CHAPTER 87--UNLICENSED PERSONNEL
 
Sec. 8702. Certain crew requirements

    (a) 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--
        (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 (except a fish 
    tender vessel engaged in the Aleutian trade) 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; and
        (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.

    (b) A vessel may operate only if at least--
        (1) 75 percent of the crew in each department on board is able 
    to understand any order spoken by the officers, and
        (2) 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--
            (i) on a vessel permitted under section 8104 of this title 
        to maintain a 2-watch system; or
            (ii) on a fish tender vessel engaged in the Aleutian trade.

    (c) An able seaman is not required on a towing vessel operating on 
bays and sounds connected directly with the seas.
    (d) 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.
    (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.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 554; Pub. L. 98-364, title IV, 
Sec. 402(12)(B), July 17, 1984, 98 Stat. 449; Pub. L. 100-239, 
Sec. 5(e), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 101-380, title IV, 
Sec. 4302(i), Aug. 18, 1990, 104 Stat. 539; Pub. L. 101-595, title VI, 
Sec. 602(e)(2), Nov. 16, 1990, 104 Stat. 2992; Pub. L. 104-324, title 
VII, Sec. 732, Oct. 19, 1996, 110 Stat. 3941.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
8702..............................  46:643
                                    46:672
------------------------------------------------------------------------

    Section 8702 specifies certain crew requirements.
    Subsection (a) applies this section to the same vessels to which 
section 8701 applies.
    Subsection (b) requires that 75 percent of the crew in each 
department on board a vessel understand any order spoken by the officers 
and that 65 percent of the deck crew be at least able seamen, except for 
the licensed officers. For 2-watch system vessels under section 8104, 
the 65-percent deck crew requirement may be reduced to 50 percent.
    Subsection (c) exempts certain inland towing vessels from the able 
seaman requirement.
    Subsection (d) prohibits anyone having a rating of less than able 
seamen from serving as a helmsman in congested vessel traffic or under 
hazardous conditions.
    Subsection (e) prescribes the penalty for violation of this section.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-324, Sec. 732(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. 732(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''.
    1990--Subsec. (a)(3). Pub. L. 101-595, Sec. 602(e)(2)(A), 
substituted ``vessel (except a fish tender vessel engaged in the 
Aleutian trade)'' for ``vessel''.
    Subsec. (b)(2). Pub. L. 101-595, Sec. 602(e)(2)(B), inserted 
provisions authorizing reduction to 50 percent of the deck crew in the 
case of a fish tender vessel engaged in the Aleutian trade.
    Subsec. (e). Pub. L. 101-380 substituted ``$10,000'' for ``$500''.
    1988--Subsec. (b). Pub. L. 100-239 substituted ``operate'' for 
``depart from a port of the United States''.
    1984--Subsec. (a)(3). Pub. L. 98-364, Sec. 402(12)(B)(i), 
substituted ``fishing, fish tender, or whaling'' for ``fishing or 
whaling''.
    Subsec. (a)(6), (7). Pub. L. 98-364, Sec. 402(12)(B)(ii)- (iv), 
added pars. (6) and (7).


                    Effective Date of 1990 Amendments

    Amendment by section 602(e)(2)(A) of Pub. L. 101-595 effective Nov. 
16, 1990, and requirements imposed by subsec. (b)(2), as amended by 
section 602(e)(2)(B) of Pub. L. 101-595, effective 1 year after Nov. 16, 
1990, see section 602(f) of Pub. L. 101-595, set out as a note under 
section 4502 of this title.
    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.


              Exemption of Certain Fish Processing Vessels

    Certain fish processing vessels exempt from crew requirements of 
subsec. (b) of this section, see section 403(b) of Pub. L. 98-364, as 
amended, set out as a note under section 3302 of this title.
