Collapse to view only § 8304. Implementing the Officers’ Competency Certificates Convention, 1936
- § 8301. Minimum number of licensed individuals
- § 8302. Staff department
- [§ 8303. Repealed.
- § 8304. Implementing the Officers’ Competency Certificates Convention, 1936
§ 8301. Minimum number of licensed individuals
(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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 550; Pub. L. 98–557, § 29(c), (d), Oct. 30, 1984, 98 Stat. 2873, 2874; Pub. L. 99–640, § 11(d), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 100–448, § 7, Sept. 28, 1988, 102 Stat. 1842; Pub. L. 103–206, title III, § 322(b), Dec. 20, 1993, 107 Stat. 2428; Pub. L. 104–324, title VII, § 729, title XI, § 1104(d), Oct. 19, 1996, 110 Stat. 3940, 3967; Pub. L. 111–281, title VI, § 617(c), Oct. 15, 2010, 124 Stat. 2973.)
§ 8302. Staff department
(a) This section applies to a vessel of the United States except—
(1) a fishing or whaling vessel or a yacht;
(2) a vessel operated only on bays, sounds, inland waters, and lakes (except the Great Lakes); and
(3) a vessel ferrying passengers and cars on the Great Lakes.
(b) The staff department on a vessel is a separate and independent department. It consists of individuals registered under section 7101 of this title, clerks, and individuals assigned to the senior registered medical doctor.
(c) The staff department is composed of a medical division and a purser’s division. The officer in charge of each division is responsible only to the master. The senior registered medical doctor is in charge of the medical division. The senior registered purser is in charge of the purser’s division.
(d) The officer in charge of the purser’s division of the staff department on an oceangoing passenger vessel licensed to carry more than 100 passengers shall be a registered chief purser. When more than 3 individuals are employed in the purser’s division of that vessel, there also shall be at least one registered senior assistant purser and one registered junior assistant purser.
(e) A person may not employ an individual to serve in, and an individual may not serve in, a grade of staff officer on a vessel, when that staff officer is required by this section to be registered, if the individual does not have a certificate of registry as staff officer in that grade. A person (including an individual) violating this subsection is liable to the United States Government for a civil penalty of $100. However, if a registered staff officer is not available at the time of sailing, the vessel may sail with an unregistered staff officer or without a staff officer.
(f) A staff officer may not be included in a vessel’s certificate of inspection.
(g) A registered staff officer serving under this section who is a member of the Navy Reserve may wear on the officer’s uniform special distinguishing insignia prescribed by the Secretary of the Navy.
(h) The uniform stripes, decoration, or other insignia worn by a staff officer shall be of gold braid or woven gold or silver material. A crewmember (except a staff officer) may not wear any uniform with a staff officer’s identifying insignia.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 551; Pub. L. 99–36, § 1(a)(4), May 15, 1985, 99 Stat. 67; Pub. L. 109–163, div. A, title V, § 515(f)(3)(A), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(b)(10), Jan. 1, 2021, 134 Stat. 4751.)
[§ 8303. Repealed. Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8503(a)(1), Jan. 1, 2021, 134 Stat. 4747]
§ 8304. Implementing the Officers’ Competency Certificates Convention, 1936
(a) In this section, “high seas” means waters seaward of the Boundary Line.
(b) The Officers’ Competency Certificates Convention, 1936 (International Labor Organization Draft Convention Numbered 53, on the minimum requirement of professional capacity for masters and officers on board merchant vessels), as ratified by the President on September 1, 1938, with understandings appended, and this section apply to a documented vessel operating on the high seas except—
(1) a public vessel;
(2) a wooden vessel of primitive build, such as a dhow or junk;
(3) a barge; and
(4) a vessel of 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.
(c) A person may not engage or employ an individual to serve as, and an individual may not serve as, a master, mate, or engineer on a vessel to which this section applies, if the individual does not have a license issued under section 7101 of this title authorizing service in the capacity in which the individual is to be engaged or employed.
(d) A person (including an individual) violating this section is liable to the United States Government for a civil penalty of $100.
(e) A license issued to an individual to whom this section applies is a certificate of competency.
(f) A designated official may detain a vessel to which this section applies (by written order served on the owner, charterer, managing operator, agent, master, or individual in charge of the vessel) when there is reason to believe that the vessel is about to proceed from a port of the United States to the high seas in violation of this section or a provision of the convention described in subsection (b) of this section. The vessel may be detained until the vessel complies with this section. Clearance may not be granted to a vessel ordered detained under this section.
(g) A foreign vessel to which the convention described in subsection (b) of this section applies, on the navigable waters of the United States, is subject to detention under subsection (f) of this section, and to an examination that may be necessary to decide if there is compliance with the convention.
(h) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel detained under subsection (f) or (g) of this section may appeal the order within 5 days as provided by regulation.
(i) An officer or employee of the Customs Service may be designated to enforce this section.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 552;