46 U.S.C. § 8301: Minimum number of licensed…

Summary

Requires inspected seagoing vessels (except those only operating on rivers, harbors, non‑Great‑Lakes lakes, bays, sounds, bayous, and canals, and except as covered by chapter 89) to carry a minimum number of licensed officers based on the ship’s size, whether it has engines, and how long the trip is. Every vessel with engines or carrying passengers must have a licensed master. Vessels of at least 1,000 gross tons must have 3 licensed mates (but only 2 mates if the trip is under 400 miles, unless the unit is a mobile offshore drilling unit, which follows separate rules). Vessels from 200 up to 1,000 gross tons must have 2 licensed mates. Vessels from 100 up to 200 gross tons must have 1 licensed mate, except trips over 24 hours require 2 mates. Freight or passenger vessels of at least 300 gross tons must have a licensed engineer. Offshore supply vessels have extra rules. Those under 500 gross tons (or under 6,000 gross tons under an alternate measure) on trips under 600 miles need 1 licensed mate; on trips of 600 miles or more they need 2 mates. Offshore supply vessels of at least 6,000 gross tons under the alternate measure need at least 2 mates on trips under 600 miles (if they meet specific requirements) and 3 mates on trips of 600 miles or more. Any offshore supply vessel over 200 gross tons must have a licensed engineer. The rules above do not apply to fishing or whaling vessels, mobile offshore drilling units when on location, or yachts. The Secretary may suspend these rules during a presidential national emergency, require more licensed crew if the ship seems unsafe, and set minimum licensed crew for oil spill response vessels.

Title 46, §8301

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(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)(1)An offshore supply vessel of less than 500 gross tons as measured under section 14502 of this title or 6,000 gross tons as measured under section 14302 of this title on a voyage of less than 600 miles shall have a licensed mate. If the vessel is on a voyage of at least 600 miles, however, the vessel shall have 2 licensed mates.

(2)An offshore supply vessel of at least 6,000 gross tons as measured under section 14302 of this title on a voyage of less than 600 miles shall have at least two licensed mates, provided the offshore supply vessel meets the requirements of section 8104(g)(2). An offshore supply vessel of at least 6,000 gross tons as measured under section 14302 of this title on a voyage of at least 600 miles shall have three licensed mates.

(3)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 830146:22346:404–1(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.

Editorial Notes

Amendments

2010—Subsec. (b). Pub. L. 111–281 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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.” 1996—Subsec. (a)(2). Pub. L. 104–324, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 29(d), inserted “propelled by machinery or carrying passengers”.

§8301 Minimum Number of Licensed Individuals