US Code

Public Law 119-83 (04/13/2026)

46 U.S.C. § 8702

Certain crew requirements

(a)
section 14502 of this titlesection 14302 of this titlesection 14104 of this title This section applies to a vessel of at least 100 gross tons as measured under , or an alternate tonnage measured under as prescribed by the Secretary under 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)
section 14502 of this titlesection 14302 of this titlesection 14104 of this title a fish processing vessel entered into service before , and not more than 1,600 gross tons as measured under , or an alternate tonnage measured under as prescribed by the Secretary under or entered into service after , 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)
section 8104 of this title on a vessel permitted under 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.

Pub. L. 98–8997 Stat. 554 Pub. L. 98–364, title IV, § 402(12)(B)98 Stat. 449 Pub. L. 100–239, § 5(e)101 Stat. 1781 Pub. L. 101–380, title IV, § 4302(i)104 Stat. 539 Pub. L. 101–595, title VI, § 602(e)(2)104 Stat. 2992 Pub. L. 104–324, title VII, § 732110 Stat. 3941 (, , ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

8702

46:643

46:672

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

Pub. L. 104–324, § 732(1)section 14502 of this titlesection 14302 of this titlesection 14104 of this title1996—Subsec. (a). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “100 gross tons” in introductory provisions.

Pub. L. 104–324, § 732(2)section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (a)(6). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “1,600 gross tons”.

Pub. L. 101–595, § 602(e)(2)(A)1990—Subsec. (a)(3). , substituted “vessel (except a fish tender vessel engaged in the Aleutian trade)” for “vessel”.

Pub. L. 101–595, § 602(e)(2)(B)Subsec. (b)(2). , inserted provisions authorizing reduction to 50 percent of the deck crew in the case of a fish tender vessel engaged in the Aleutian trade.

Pub. L. 101–380Subsec. (e). substituted “$10,000” for “$500”.

Pub. L. 100–2391988—Subsec. (b). substituted “operate” for “depart from a port of the United States”.

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendments

section 602(e)(2)(A) of Pub. L. 101–595section 602(e)(2)(B) of Pub. L. 101–595section 602(f) of Pub. L. 101–595section 4502 of this titleAmendment by effective , and requirements imposed by subsec. (b)(2), as amended by , effective 1 year after , see , set out as a note under .

Pub. L. 101–380section 1020 of Pub. L. 101–380section 2701 of Title 33Amendment by applicable to incidents occurring after , see , set out as an Effective Date note under , Navigation and Navigable Waters.

Exemption of Certain Fish Processing Vessels

section 403(b) of Pub. L. 98–364section 3302 of this titleCertain fish processing vessels exempt from crew requirements of subsec. (b) of this section, see , as amended, set out as a note under .