Collapse to view only § 9305. Agreements with Canada
- § 9301. Definitions
- § 9302. Great Lakes pilots required
- § 9303. United States registered pilot service
- § 9304. Pilotage pools
- § 9305. Agreements with Canada
- § 9306. State regulation prohibited
- § 9307. Great Lakes Pilotage Advisory Committee
- § 9308. Penalties
§ 9301. Definitions
In this chapter—
(1) “Canadian registered pilot” means an individual (except a regular crewmember of a vessel) who is registered by Canada on the same basis as an individual registered under section 9303 of this title.
(2) “Great Lakes” means Lakes Superior, Michigan, Huron, Erie, and Ontario, their connecting and tributary waters, the Saint Lawrence River as far east as Saint Regis, and adjacent port areas.
(3) “United States registered pilot” means an individual (except a regular crewmember of a vessel) who is registered under section 9303 of this title.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 557.)
§ 9302. Great Lakes pilots required
(a)
(1) Except as provided in subsections (d), (e), and (f) of this section, each vessel of the United States operating on register and each foreign vessel shall engage a United States or Canadian registered pilot for the route being navigated who shall—
(A) in waters of the Great Lakes designated by the President, direct the navigation of the vessel subject to the customary authority of the master; and
(B) in waters of the Great Lakes not designated by the President, be on board and available to direct the navigation of the vessel at the discretion of and subject to the customary authority of the master.
(2) The President shall make water designations under this subsection with regard to the public interest, the effective use of navigable waters, marine safety, and the foreign relations of the United States.
(b) A member of the complement of a vessel of the United States operating on register or of a vessel of Canada may serve as the pilot required on waters not designated by the President if the member is licensed under section 7101 of this title, or under equivalent provisions of Canadian law, to direct the navigation of the vessel on the waters being navigated.
(c) The authority extended under subsections (a) and (b) of this section to a Canadian registered pilot or other Canadian licensed officer to serve on certain vessels in United States waters of the Great Lakes shall continue as long as Canada extends reciprocity to United States registered pilots and other individuals licensed by the United States for pilotage service in Canadian waters of the Great Lakes.
(d) A vessel may be operated on the United States waters of the Great Lakes without a United States or Canadian registered pilot when—
(1) the Secretary notifies the master that a registered pilot is not available; or
(2) the vessel or its cargo is in distress or jeopardy.
(e) A Canadian vessel regularly operating on the Great Lakes or between ports on the Great Lakes and the Saint Lawrence River, with only an occasional voyage to ports in the maritime provinces of Canada in the Canadian coastal trade, is exempt from subsection (a) of this section as long as Canada permits enrolled vessels of the United States to be operated on Canadian waters of the Great Lakes under the direction of individuals licensed under section 7101 of this title.
(f) A documented vessel regularly operating on the Great Lakes or between ports on the Great Lakes and the St. Lawrence River is exempt from the requirements of subsection (a) of this section.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 557; Pub. L. 101–380, title IV, § 4108(a), Aug. 18, 1990, 104 Stat. 514; Pub. L. 104–324, title XI, § 1115(b)(5)–(7), Oct. 19, 1996, 110 Stat. 3972.)
§ 9303. United States registered pilot service
(a) The Secretary shall prescribe by regulation standards of competency to be met by each applicant for registration under this chapter. An applicant must—
(1) have a license as master, mate, or pilot issued under section 7101 of this title;
(2) have acquired at least 24 months licensed service or equivalent experience on vessels or integrated towing vessels and tows of at least 4,000 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, operating on the Great Lakes or oceans, with a minimum of 6 months of that service or experience having been on the Great Lakes; and
(3) agree that, if appointed as a United States registered pilot, the applicant will be available for service when required.
(b) The Secretary shall issue to each registered pilot under this chapter a certificate of registration describing the areas within which the pilot may serve. The pilot shall carry the certificate when in the service of a vessel.
(c) The Secretary shall prescribe by regulation the duration of validity of registration.
(d) The Secretary may prescribe by regulation the conditions for service by United States registered pilots, including availability for service.
(e) Subject to sections 551–559 of title 5, the Secretary may suspend or revoke a certificate of registration issued under this section if the holder fails to comply with a regulation prescribed under this chapter. Suspension or revocation of the holder’s license under chapter 77 of this title includes the holder’s certificate of registration.
(f) The Secretary shall prescribe by regulation rates and charges for pilotage services, giving consideration to the public interest and the costs of providing the services. The Secretary shall establish new pilotage rates by March 1 of each year. The Secretary shall establish base pilotage rates by a full ratemaking at least once every 5 years and shall conduct annual reviews of such base pilotage rates, and make adjustments to such base rates, in each intervening year.
(g) The Secretary shall ensure that a sufficient number of individuals are assigned to carrying out subsection (f).
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 558; Pub. L. 104–324, title VII, § 735, Oct. 19, 1996, 110 Stat. 3941; Pub. L. 109–241, title III, § 302, July 11, 2006, 120 Stat. 527.)
§ 9304. Pilotage pools
(a) The Secretary may authorize the formation of a pool by a voluntary association of United States registered pilots to provide for efficient dispatching of vessels and rendering of pilotage services.
(b) For pilotage pools, the Secretary may—
(1) limit the number of the pools;
(2) prescribe regulations for their operation and administration;
(3) prescribe a uniform system of accounts;
(4) perform audits and inspections; and
(5) require coordination on a reciprocal basis with similar pool arrangements authorized by the appropriate agency of Canada.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 559.)
§ 9305. Agreements with Canada
To provide for a coordinated system of pilotage service on the Great Lakes, the Secretary, subject to the concurrence of the Secretary of State, may make agreements with the appropriate agency of Canada to—
(1) fix the number of pilots to be registered in each country;
(2) provide for participation on an equitable basis;
(3) prescribe joint or identical rates and charges;
(4) coordinate pool operations; and
(5) establish conditions for services by registered pilots.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 559.)
§ 9306. State regulation prohibited
A State or political subdivision of a State may not regulate or impose any requirement on pilotage on the Great Lakes.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 559.)
§ 9307. Great Lakes Pilotage Advisory Committee
(a) The Secretary shall establish a Great Lakes Pilotage Advisory Committee. The Committee—
(1) may review proposed Great Lakes pilotage regulations and policies and make recommendations to the Secretary that the Committee considers appropriate;
(2) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to Great Lakes pilotage;
(3) may make available to the Congress recommendations that the Committee makes to the Secretary; and
(4) shall meet at the call of—
(A) the Secretary, who shall call such a meeting at least once during each calendar year; or
(B) a majority of the Committee.
(b)
(1) The Committee shall consist of 8 members appointed by the Secretary in accordance with this subsection, each of whom has at least 5 years practical experience in maritime operations. The term of each member is for a period of not more than 5 years, specified by the Secretary. Before filling a position on the Committee, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee.
(2) The membership of the Committee shall include—
(A) the President of each of the 3 Great Lakes pilotage districts, or the President’s representative;
(B) one member chosen from among nominations made by vessel operators that contract for Great Lakes pilotage services;
(C) one member chosen from among nominations made by Great Lakes port authorities and marine terminals;
(D) one member chosen from among nominations made by shippers whose cargoes are transported through Great Lakes ports;
(E) one member chosen from among nominations made by Great Lakes maritime labor organizations; and
(F) a member who—
(i) must have been recommended to the Secretary by a unanimous vote of the other members of the Committee, and
(ii) may be appointed without regard to requirement in paragraph (1) that each member have 5 years of practical experience in maritime operations.
(c)
(1) The Committee shall elect one of its members as the Chairman and one of its members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman, or in the event of a vacancy in the office of the Chairman.
(2) The Secretary shall, and any other interested agency may, designate a representative to participate as an observer with the Committee. The Secretary’s designated representative shall act as the executive secretary of the Committee and shall perform the duties set forth in section 1009(c) of title 5.
(d)
(1) The Secretary shall, whenever practicable, consult with the Committee before taking any significant action relating to Great Lakes pilotage.
(2) The Secretary shall consider the information, advice, and recommendations of the Committee in formulating policy regarding matters affecting Great Lakes pilotage.
(3) Any recommendations to the Secretary under subsection (a)(2) must have been approved by at least all but one of the members then serving on the committee.
(e)
(1) A member of the Committee, when attending meetings of the Committee or when otherwise engaged in the business of the Committee, is entitled to receive—
(A) compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of the current rate of basic pay in effect for GS–18 of the General Schedule under section 5332 of title 5 including travel time; and
(B) travel or transportation expenses under section 5703 of title 5, United States Code.
(2) A member of the Committee shall not be considered to be an officer or employee of the United States for any purpose based on their receipt of any payment under this subsection.
(f)
(1) Chapter 10 of title 5 applies to the Committee, except that the Committee terminates on September 30, 2030.
(2) 2 years before the termination date set forth in paragraph (1) of this subsection, the Committee shall submit to the Congress its recommendation regarding whether the Committee should be renewed and continued beyond the termination date.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 559; Pub. L. 105–383, title III, § 303, Nov. 13, 1998, 112 Stat. 3418; Pub. L. 106–554, § 1(a)(4) [div. A, § 1118], Dec. 21, 2000, 114 Stat. 2763, 2763A–209; Pub. L. 108–293, title IV, § 418(d), Aug. 9, 2004, 118 Stat. 1049; Pub. L. 109–304, § 15(23), Oct. 6, 2006, 120 Stat. 1704; Pub. L. 111–281, title VI, § 621(a), Oct. 15, 2010, 124 Stat. 2976; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8334(a), Jan. 1, 2021, 134 Stat. 4705; Pub. L. 117–286, § 4(a)(291), Dec. 27, 2022, 136 Stat. 4337.)
§ 9308. Penalties
(a) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel knowingly allowing the vessel to be operated in violation of section 9302 of this title is liable to the United States Government for a civil penalty of no more than $10,000 for each day during which the vessel is in violation. The vessel also is liable in rem for the penalty.
(b) An individual who directs the navigation of a vessel in violation of section 9302 of this title is liable to the Government for a civil penalty of no more than $10,000 for each day during which the violation occurs.
(c) A person violating a regulation prescribed under section 9303 of this title is liable to the Government for a civil penalty of no more than $10,000. is liable to the Government for a civil penalty of no more than $10,000.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 101–380, title IV, § 4108(b), Aug. 18, 1990, 104 Stat. 515.)