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Title 46 — ShippingRelease 119-73not60

§8702 Certain Crew Requirements

Title 46 › Subtitle Subtitle II— Vessels and Seamen › Part F— Manning of Vessels › Chapter 87— UNLICENSED PERSONNEL › § 8702

Last updated Apr 5, 2026|Official source

Summary

Vessels measured at 100 gross tons or more must follow crew rules, unless they are certain special or small vessels. The rule does not apply to boats that only run on rivers and lakes (not the Great Lakes), most barges, many fishing and fish-tender boats, whaling vessels, yachts, sailing school vessels (for instructors and students), oceanographic research ships (for scientific staff), and some fish-processing vessels that meet specific size or staffing limits. On covered vessels, at least 75% of the crew in each department must be able to understand any spoken order from the officers. At least 65% of the unlicensed deck crew must hold credentials showing they are rated as at least an "able seaman"; that requirement can be lowered to 50% for vessels on a two-watch system or for fish tenders in the Aleutian trade. Towing vessels on bays and sounds that open directly to the sea do not need an able seaman. Anyone with less than an able seaman rating must not steer in ports, crowded waters, low visibility, bad weather, or other dangerous conditions. An owner, operator, master, or person in charge who breaks these rules can be fined $10,000 by the United States.

Full Legal Text

Title 46, §8702

Shipping — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 870246:64346:672 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.

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–324, § 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, § 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, § 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, § 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, § 402(12)(B)(i), substituted “fishing, fish tender, or whaling” for “fishing or whaling”. Subsec. (a)(6), (7). Pub. L. 98–364, § 402(12)(B)(ii)– (iv), added pars. (6) and (7).

Statutory Notes and Related Subsidiaries

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 VesselsCertain 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.

Reference

Citations & Metadata

Citation

46 U.S.C. § 8702

Title 46 — Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60