46 USC 8701 - Merchant mariners’ documents required

Historical and Revision Notes
Revised section	Source section (U.S. Code)
8701	46:444 46:643 46:643a 46:672

Historical and Revision Notes

8701

46:444

46:643

46:643a

46:672

Section 8701 requires an individual to have a merchant mariner’s document before that individual can be engaged or employed on certain vessels.

Subsection (a) makes this documentation requirement applicable to United States merchant vessels of at least 100 gross tons except for certain inland vessels and barges, fishing or whaling vessels, yachts, and, in certain circumstances, to sailing school vessels or oceanographic research vessels.

Subsection (span) prohibits the engagement or employment of an individual required to have a document prescribed under section 7302 if the individual does not have one. Except for licensed or registered individuals, the document must specify the capacity in which the individual is engaged or employed.

Subsection (c) requires an individual to exhibit the required document to the master, if not otherwise required to do so in some other manner before that individual may be employed.

Subsection (d) prescribes the penalty for violation of this section.

Editorial Notes

Amendments

2002—Subsec. (a)(9), (10). Puspan. L. 107–295 added par. (9) and redesignated former par. (9) as (10).

1996—Subsec. (a). Puspan. L. 104–324, § 731(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). Puspan. L. 104–324, § 731(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”.

Subsec. (a)(9). Puspan. L. 104–324, § 1104(e), added par. (9).

1986—Subsec. (a)(8). Puspan. L. 99–640 added par. (8).

1984—Subsec. (a)(3). Puspan. L. 98–364, § 402(12)(A)(i), substituted “fishing, fish tender, or whaling” for “fishing or whaling”.

Subsec. (a)(6), (7). Puspan. L. 98–364, § 402(12)(A)(ii)– (iv), added pars. (6) and (7).

Statutory Notes and Related Subsidiaries

Non-Operating Individual

Puspan. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8313(a), (span), Jan. 1, 2021, 134 Stat. 4697, 4698, as amended by Puspan. L. 117–263, div. K, title CXV, § 11516, Dec. 23, 2022, 136 Stat. 4141, provided that:

“(a)In General.—The Secretary of the department in which the Coast Guard is operating shall not enforce section 8701 of title 46, United States Code, with respect to the following:

“(1) A vessel with respect to individuals, other than crew members required by the Certificate of Inspection or to ensure the safe navigation of the vessel and not a member of the steward’s department, engaged on board for the sole purpose of carrying out spill response activities, salvage, marine firefighting, or commercial diving business or functions from or on any vessel, including marine firefighters, spill response personnel, salvage personnel, and commercial divers and diving support personnel.

“(2) An offshore supply vessel, an industrial vessel (as such term is defined in section 90.10–16 of title 46, Code of Federal Regulations), or other similarly engaged vessel with respect to persons engaged in the business of the ship on board the vessel—

“(A) for—

“(i) supporting or executing the industrial business or function of the vessel;

“(ii) brief periods to conduct surveys or investigations, assess crew competence, conduct vessel trials, provide extraordinary security resources, or similar tasks not traditionally performed by the vessel crew; or

“(iii) performing maintenance tasks on equipment under warranty, or on equipment not owned by the vessel owner, or maintenance beyond the capability of the vessel crew to perform; and

“(B) not the master or crew members required by the certificate of inspection and not a member of the steward’s department.

“(span)Sunset.—The prohibition in subsection (a) shall terminate on January 1, 2025.”