USC Chapter 73

in effect

46 U.S.C. § 7301 General

(a) In this chapter—(1) “service on deck” means service in the deck department in work related to the work usually performed on board vessels by able seamen and may include service on fishing, fish processing, fish tender vessels and on public vessels of the United States; (2) 360 days is equal to one year’s service; and (3) a day is equal to 8 hours of labor or duty. (b) The Secretary may prescribe regulations to carry out this chapter.

46 U.S.C. § 7302 Issuing merchant mariners’ documents and continuous discharge books

(a) The Secretary shall issue a merchant mariner’s document to an individual required to have that document under part F of this subtitle if the individual satisfies the requirements of this part. The document serves as a certificate of identification and as a certificate of service, specifying each rating in which the holder is qualified to serve on board vessels on which that document is required under part F. (b) The Secretary also may issue a continuous discharge book to an individual issued a merchant mariner’s document if the individual requests. (c) The Secretary may not issue a merchant mariner’s document under this chapter unless the individual applying for the document makes available to the Secretary, under section 30305(b)(5) of title 49, any information contained in the National Driver Register related to an offense described in section 30304(a)(3)(A) or (B) of title 49 committed by the individual. (d) The Secretary may review the criminal record of an individual who applies for a merchant mariner’s document under this section. (e) The Secretary shall require the testing of an individual applying for issuance or renewal of a merchant mariner’s document under this chapter for the use of a dangerous drug in violation of law or Federal regulation. (f) Periods of Validity and Renewal of Merchant Mariners’ Documents.—(1) In general.—Except as provided in subsection (g), a merchant mariner’s document issued under this chapter is valid for a 5-year period and may be renewed for additional 5-year periods. (2) Advance renewals.—A renewed merchant mariner’s document may be issued under this chapter up to 8 months in advance but is not effective until the date that the previously issued merchant mariner’s document expires or until the completion of any active suspension or revocation of that previously issued merchant mariner’s document, whichever is later. (g)(1) The Secretary may, pending receipt and review of information required under subsections (c) and (d), immediately issue an interim merchant mariner’s document valid for a period not to exceed 120 days, to—(A) an individual to be employed as gaming personnel, entertainment personnel, wait staff, or other service personnel on board a passenger vessel not engaged in foreign service, with no duties, including emergency duties, related to the navigation of the vessel or the safety of the vessel, its crew, cargo or passengers; or (B) an individual seeking renewal of, or qualifying for a supplemental endorsement to, a valid merchant mariner’s document issued under this section. (2) No more than one interim document may be issued to an individual under paragraph (1)(A) of this subsection.

46 U.S.C. § 7303 Possession and description of merchant mariners’ documents

A merchant mariner’s document shall be retained by the individual to whom issued. The document shall contain the signature, notations of nationality, age, and physical description, the photograph, and the home address of the individual. In addition, the document shall specify the rate or ratings in which the individual is qualified to serve.

46 U.S.C. § 7304 Citizenship or noncitizen nationality notation on merchant mariners’ documents

An individual applying for a merchant mariner’s document shall provide satisfactory proof that the individual is a citizen or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408)) of the United States before that notation is made on the document.

46 U.S.C. § 7305 Oaths for holders of merchant mariners’ documents

An applicant for a merchant mariner’s document shall take, before issuance of the document, an oath that the applicant will perform faithfully and honestly all the duties required by law, and will carry out the lawful orders of superior officers.

46 U.S.C. § 7306 General requirements and classifications for members of deck departments

(a) In General.—The Secretary may issue a merchant mariner credential, to members of the deck department in the following classes:(1) Able Seaman-Unlimited. (2) Able Seaman-Limited. (3) Able Seaman-Special. (4) Able Seaman-Offshore Supply Vessels. (5) Able Seaman-Sail. (6) Able Seaman-Fishing Industry. (7) Ordinary Seaman. (b) Classification of Credentials.—The Secretary may classify the merchant mariner credential issued under subsection (a) based on—(1) the tonnage and means of propulsion of vessels; (2) the waters on which vessels are to be operated; or (3) other appropriate standards. (c) Qualifications.—To qualify for a credential under this section, an applicant shall provide satisfactory proof that the applicant—(1) is at least 18 years of age; (2) has the service required by the applicable section of this part; (3) is qualified professionally as demonstrated by an applicable examination or educational requirements; (4) is qualified as to sight, hearing, and physical condition to perform the seafarer’s duties; and (5) has satisfied any additional requirements established by the Secretary, including career patterns and service appropriate to the particular service, industry, or job functions the individual is engaged.

46 U.S.C. § 7307 Able seamen—unlimited

The required service for the endorsement of able seaman—unlimited, qualified for unlimited service on a vessel on any waters, is at least 18 months 11 So in original. Probably should be “18 months’ ”. service on deck on board vessels operating at sea or on the Great Lakes.

46 U.S.C. § 7308 Able seamen—limited

The required service for the endorsement of able seaman—limited, qualified for limited service on a vessel on any waters, is at least 12 months 11 So in original. Probably should be “12 months’ ”. service on deck on board vessels of at least 100 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 oceans or navigable waters of the United States (including the Great Lakes).

46 U.S.C. § 7309 Able seamen—special

The required service for the endorsement of able seaman—special, qualified for special service on a vessel on any waters, is at least 6 months 11 So in original. Probably should be “6 months’ ”. service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes).

46 U.S.C. § 7310 Able seamen—offshore supply vessels

For service on a vessel of less than 500 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 engaged in support of exploration, exploitation, or production of offshore mineral or energy resources, an individual may be rated as able seaman—offshore supply vessels if the individual has at least 6 months’ service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes).

46 U.S.C. § 7311 Able seamen—sail

For service on a sailing school vessel on any waters, an individual may be rated as able seaman—sail if the individual has at least 6 months’ service on deck on sailing school vessels, oceanographic research vessels powered primarily by sail, or equivalent sailing vessels operating on the oceans or navigable waters of the United States (including the Great Lakes).

46 U.S.C. § 7311a Able seamen—fishing industry

For service on a fish processing vessel, an individual may be rated as able seaman—fishing industry if the individual has at least 6 months’ service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes).

46 U.S.C. § 7312 Scale of employment

(a) Individuals qualified as able seamen—unlimited under section 7307 of this title may constitute all of the able seamen required on a vessel. (b) Individuals qualified as able seamen—limited under section 7308 of this title may constitute all of the able seamen required on a vessel of less than 1,600 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 or on a vessel operating on the Great Lakes and the Saint Lawrence River as far east as Sept Iles. Individuals qualified as able seamen—limited may constitute not more than 50 percent of the number of able seamen required on board other vessels. (c) Individuals qualified as able seamen—special under section 7309 of this title may constitute—(1) all of the able seamen required on a vessel of not more than 500 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 or on a seagoing barge or towing vessel; and (2) not more than 50 percent of the number of able seamen required on board other vessels. (d) Individuals qualified as able seamen—offshore. supply vessel under section 7310 of this title may constitute all of the able seamen required on board a vessel of less than 500 gross tons as measured under section 14502 of this title or 6,000 gross tons as measured under section 14302 of this title engaged in support of exploration, exploitation, or production of offshore mineral or energy resources. Individuals qualified as able seamen—limited under section 7308 of this title may constitute all of the able seamen required on board a vessel of at least 500 gross tons as measured under section 14502 of this title or 6,000 gross tons as measured under section as measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title engaged in support of exploration, exploitation, or production of offshore mineral or energy resources. (e) When the service of able seamen—limited or able seamen—special is authorized for only a part of the required number of able seamen on board a vessel, the combined percentage of those individuals so qualified may not be greater than 50 percent of the required number. (f) Individuals qualified as able seamen—fishing industry under section 7311a of this title may constitute—(1) all of the able seamen required on a fish processing vessel entered into service before January 1, 1988, and of more than 1,600 gross tons but not more than 5,000 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; and (2) all of the able seamen required on a fish processing vessel entered into service after December 31, 1987, and having more than 16 individuals on board primarily employed in the preparation of fish or fish products but of not more than 5,000 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.

46 U.S.C. § 7313 General requirements for members of engine departments

(a) Classes of endorsement as qualified members of the engine department on vessels of at least 100 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 (except vessels operating on rivers or lakes (except the Great Lakes)) may be prescribed by regulation. (b) The ratings of wiper are entry ratings and are not ratings as qualified members of the engine department.11 So in original. (c) Classification of Credentials.—The Secretary may classify the merchant mariner credential issued under subsection (a) based on—(1) the tonnage and means of propulsion of vessels; (2) the waters on which vessels are to be operated; or (3) other appropriate standards. (d) Qualifications.—To qualify for a credential under this section, an applicant shall provide satisfactory proof that the applicant—(1) is at least 18 years of age; (2) has a minimum of 6-months service in the related entry rating; (3) is qualified professionally as demonstrated by an applicable examination or educational requirements; and (4) is qualified as to sight, hearing, and physical condition to perform the member’s duties.

46 U.S.C. § 7315 Training

(a) Nautical School Program.—Graduation from a nautical school program may be substituted for the sea service requirements under sections 7307 through 7311a and 7313 of this title. (b) Other Approved Training Programs.—The satisfactory completion of a training program approved by the Secretary may be substituted for not more than one-half of the sea service requirements under sections 7307 through 7311a and 7313 of this title in accordance with subsection (c). (c) Training Days.—For purposes of subsection (b), training days undertaken in connection with training programs approved by the Secretary may be substituted for days of required sea service under sections 7307 through 7311a and 7313 of this title as follows:(1) Each shore-based training day in the form of classroom lectures may be substituted for 2 days of sea service requirements. (2) Each training day of laboratory training, practical demonstrations, and other similar training, may be substituted for 4 days of sea service requirements. (3) Each training day of full mission simulator training may be substituted for 6 days of sea service requirements. (4) Each training day underway on a vessel while enrolled in an approved training program may be substituted for 1½ days of sea service requirements, as long as—(A) the structured training provided while underway on a vessel is—(i) acceptable to the Secretary as part of the approved training program; and (ii) fully completed by the individual; and (B) the tonnage of such vessel is appropriate to the endorsement being sought. (d) Definition.—In this section, the term “training day” means a day that consists of not less than 7 hours of training.

46 U.S.C. § 7316 Lifeboatmen

To qualify for an endorsement as lifeboatman, an applicant must provide satisfactory proof that the applicant— (1) has the service or training required by regulation; (2) is qualified professionally as demonstrated by examination; and (3) is qualified professionally by actual demonstration.

46 U.S.C. § 7317 Tankermen

(a) The Secretary shall prescribe procedures, standards, and qualifications for the issuance of certificates or endorsements as tankerman, stating the types of oil or hazardous material that can be handled with safety to the vessel and the marine environment. (b) An endorsement as tankerman shall indicate the grades or types of cargo the holder is qualified and authorized to handle with safety on board vessels.

46 U.S.C. § 7318 Radiotelegraph operators on Great Lakes

(a) A radiotelegraph operator on the Great Lakes only shall have a first-class or second-class radiotelegraph operator’s license issued by the Federal Communications Commission. (b) An endorsement as radiotelegraph operator on the Great Lakes only ends if the holder ceases to hold the license issued by the Commission.

46 U.S.C. § 7319 Records of merchant mariners’ documents

The Secretary shall maintain records on each merchant mariner’s document issued, including the name and address of the individual to whom issued and the next of kin of the individual.