46 U.S.C. § 8503 — Federal pilots authorized

FEDERAL · 46 U.S.C. · Chapter 85

Federal pilots authorized

Current through Pub. L. 119-102

(a)The Secretary may require a pilot licensed under section 7101 of this title on a self-propelled vessel when a pilot is not required by State law and the vessel is—

(1)engaged in foreign commerce; and

(2)operating—

(A)in internal waters of the United States; or

(B)within 3 nautical miles from the baselines from which the territorial sea of the United States is measured.

(b)A requirement prescribed under subsection (a) of this section is terminated when the State having jurisdiction over the area involved—

(1)establishes a requirement for a State licensed pilot; and

(2)notifies the Secretary of that fact.

(c)For the Saint Lawrence Seaway, the Secretary may not delegate the authority under this section to an agency except the Great Lakes St. Lawrence Seaway Development Corporation

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(a) The Secretary may require a pilot licensed under section 7101 of this title on a self-propelled vessel when a pilot is not required by State law and the vessel is—
(1) engaged in foreign commerce; and
(2) operating—
(A) in internal waters of the United States; or
(B) within 3 nautical miles from the baselines from which the territorial sea of the United States is measured.
(b) A requirement prescribed under subsection (a) of this section is terminated when the State having jurisdiction over the area involved—
(1) establishes a requirement for a State licensed pilot; and
(2) notifies the Secretary of that fact.
(c) For the Saint Lawrence Seaway, the Secretary may not delegate the authority under this section to an agency except the Great Lakes St. Lawrence Seaway Development Corporation.
(d) A person violating this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation. The vessel also is liable in rem for the penalty.
(e) A person that knowingly violates this section or a regulation prescribed under this section commits a class D felony.

46 U.S.C. § 8503 (Federal pilots authorized) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

(Added Pub. L. 98–557, §29(f)(3)(A), Oct. 30, 1984, 98 Stat. 2874; amended Pub. L. 101–380, title IV, §4302(h), Aug. 18, 1990, 104 Stat. 539; Pub. L. 105–383, title III, §301(b)(8), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 116–260, div. AA, title V, §512(c)(6)(C), Dec. 27, 2020, 134 Stat. 2757.)

Editorial Notes

Editorial Notes

Amendments
2020—Subsec. (c). Pub. L. 116–260 substituted "Great Lakes St. Lawrence Seaway Development Corporation" for "Saint Lawrence Seaway Development Corporation".
1998—Subsec. (a)(2). Pub. L. 105–383 added par. (2) and struck out former par. (2) which read as follows: "operating on the navigable waters of the United States."
1990—Subsec. (e). Pub. L. 101–380 substituted "commits a class D felony" for "shall be fined not more than $50,000, imprisoned for not more than five years, or both".

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment
Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.

Executive Documents

Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.

Historical and Revision Notes
Chapter 87 prescribes certain requirements for unlicensed personnel on vessels of at least 100 gross tons and on certain tank vessels.

Editorial Notes

Amendments
1988—Pub. L. 100–239, §5(f)(2), Jan. 11, 1988, 101 Stat. 1781, added item 8704.