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Title 46 — ShippingRelease 119-73not60

§8502 Federal Pilots Required

Title 46 › Subtitle Subtitle II— Vessels and Seamen › Part F— Manning of Vessels › Chapter 85— PILOTS › § 8502

Last updated Apr 5, 2026|Official source

Summary

Coastwise seagoing vessels must be guided by a federally licensed pilot when they are underway, within 3 nautical miles of the U.S. coastal baseline, not a registered sailing vessel, and are the kinds of vessels covered by federal inspection rules (either machinery-powered inspected under part B or inspected under chapter 37). Pilot fees may not exceed the usual or legally set rates in the state where the pilotage happens. States may not force federally licensed pilots to get separate state licenses or rules that interfere with their federal duties, and may not charge pilot fees on a vessel that is lawfully piloted. If someone operates a vessel in violation of these rules, the owner, operator, master, or agent is liable to the U.S. for a $10,000 civil penalty and the vessel can be held responsible. A person acting as a pilot without the required federal license is also subject to a $10,000 civil penalty. The Secretary can set special rules for Prince William Sound, Alaska (including waters between 60°49′ North latitude and the Port of Valdez where the pilot must be an Alaska-licensed pilot holding a federal license and not a crew member), require a separately licensed master or mate on tankers over 1,600 gross tons in certain waters, and exempt dredges unless the Secretary finds, after notice and comment, a hazard and removes the exemption for a specific area.

Full Legal Text

Title 46, §8502

Shipping — Source: USLM XML via OLRC

(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°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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 850246:21546:36446:391a46:497 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.

Editorial Notes

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, § 307(1), substituted “subsections (g) and (i)” for “subsection (g)” in introductory provisions. Subsecs. (e), (f). Pub. L. 101–380, § 4302(g), substituted “$10,000” for “$500”. Subsec. (g). Pub. L. 101–380, § 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, § 4116(b), added subsec. (h). Subsec. (i). Pub. L. 101–595, § 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, § 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, § 29(f)(2), added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment 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.

Executive Documents

Territorial Sea of United States For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.

Reference

Citations & Metadata

Citation

46 U.S.C. § 8502

Title 46 — Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60