US Code

Public Law 119-73 (01/23/2026)

46 U.S.C. § 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)
section 14502 of this titlesection 14302 of this titlesection 14104 of this title A vessel of at least 1,000 gross tons as measured under , or an alternate tonnage measured under as prescribed by the Secretary under 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)
section 8101 of this title in the case of a mobile offshore drilling unit, the vessel shall have licensed individuals as provided by regulations prescribed by the Secretary under .
(3)
section 14502 of this titlesection 14302 of this titlesection 14104 of this title A vessel of at least 200 gross tons but less than 1,000 gross tons as measured under , or an alternate tonnage measured under as prescribed by the Secretary under and propelled by machinery shall have 2 licensed mates.
(4)
section 14502 of this titlesection 14302 of this titlesection 14104 of this title A vessel of at least 100 gross tons but less than 200 gross tons as measured under , or an alternate tonnage measured under as prescribed by the Secretary under 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)
section 14502 of this titlesection 14302 of this titlesection 14104 of this title A freight vessel or a passenger vessel of at least 300 gross tons as measured under , or an alternate tonnage measured under as prescribed by the Secretary under and propelled by machinery shall have a licensed engineer.
(b)
(1)
section 14502 of this titlesection 14302 of this title An offshore supply vessel of less than 500 gross tons as measured under or 6,000 gross tons as measured under 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)
section 14302 of this titlesection 14302 of this title An offshore supply vessel of at least 6,000 gross tons as measured under 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 on a voyage of at least 600 miles shall have three licensed mates.
(3)
section 14502 of this titlesection 14302 of this titlesection 14104 of this title An offshore supply vessel of more than 200 gross tons as measured under , or an alternate tonnage measured under as prescribed by the Secretary under , 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. 98–8997 Stat. 550Pub. L. 98–557, § 29(c)98 Stat. 2873Pub. L. 99–640, § 11(d)100 Stat. 3550Pub. L. 100–448, § 7102 Stat. 1842Pub. L. 103–206, title III, § 322(b)107 Stat. 2428Pub. L. 104–324, title VII, § 729110 Stat. 3940Pub. L. 111–281, title VI, § 617(c)124 Stat. 2973(, , ; , (d), , , 2874; , , ; , , ; , , ; , title XI, § 1104(d), , , 3967; , , .)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

8301

46:223

46:404–1(8)

Section 8301 prescribes the minimum number of licensed individuals on board certain vessels based on the vessel’s size or propulsion, length of voyage by distance or time, or any combination of these factors.

Subsection (a) applies to certain merchant and passenger carrying vessels of the United States, each of which must have a licensed master regardless of the factors listed above. Subsection (b) applies to offshore supply vessels. Subsection (c) exempts fishing or whaling vessels or yachts from these requirements.

Subsection (d) permits the Secretary to suspend any part of this chapter during a declared national emergency or to increase the number of licensed individuals required by this chapter if required for safe operation of a vessel.

Editorial Notes

Amendments

Pub. L. 111–281section 14502 of this titlesection 14302 of this titlesection 14104 of this title2010—Subsec. (b). amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “An offshore supply vessel on a voyage of less than 600 miles shall have a licensed mate. However, if the vessel is on a voyage of at least 600 miles, the vessel shall have 2 licensed mates. An offshore supply vessel of more than 200 gross tons as measured under , or an alternate tonnage measured under as prescribed by the Secretary under may not be operated without a licensed engineer.”

Pub. L. 104–324, § 729(1)section 14502 of this titlesection 14302 of this titlesection 14104 of this title1996—Subsec. (a)(2). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “1,000 gross tons”.

Pub. L. 104–324, § 729(2)section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (a)(3). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “1,000 gross tons”.

Pub. L. 104–324, § 729(3)section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (a)(4). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “200 gross tons”.

Pub. L. 104–324, § 729(4)section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (a)(5). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “300 gross tons”.

Pub. L. 104–324, § 729(5)section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (b). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “200 gross tons”.

Pub. L. 104–324, § 1104(d)Subsec. (e). , amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “A vessel used only to respond to a discharge of oil or a hazardous substance shall have—

“(1) two licensed mates when the vessel is engaged in an operation over 12 hours in duration;

“(2) one licensed mate when the vessel is engaged in an operation less than 12 hours in duration; and

“(3) if the vessel is more than 200 gross tons, a licensed engineer when the vessel is operating.”

Pub. L. 103–2061993—Subsec. (e). added subsec. (e).

Pub. L. 100–4481988—Subsec. (a)(2). amended par. (2) generally. Prior to amendment, par. (2) read as follows: “A vessel of at least 1,000 gross tons and propelled by machinery shall have 3 licensed mates. However, if the vessel is on a voyage of less than 400 miles from port of departure to port of final destination, it shall have 2 licensed mates.”

Pub. L. 99–6401986—Subsec. (c). inserted “, a mobile offshore drilling unit when on location,”.

Pub. L. 98–557, § 29(c)1984—Subsec. (a). , in provisions preceding par. (1) inserted exception for the Great Lakes and substituted provisions relating to inspection under chapter 33 of this title for provisions relating to applicability of part B of this subtitle.

Pub. L. 98–557, § 29(d)Subsec. (a)(1). , inserted “propelled by machinery or carrying passengers”.