USC Chapter 81

USC Chapter 81
in effect

46 U.S.C. § 8101 Complement of inspected vessels

(a) The certificate of inspection issued to a vessel under part B of this subtitle shall state the complement of licensed individuals and crew (including lifeboatmen) considered by the Secretary to be necessary for safe operation. A manning requirement imposed on—(1) a sailing school vessel shall consider the participation of sailing school instructors and sailing school students in the operation of that vessel; (2) a mobile offshore drilling unit shall consider the specialized nature of the unit; and (3) a tank vessel shall consider the navigation, cargo handling, and maintenance functions of that vessel for protection of life, property, and the environment. (b) The Secretary may modify the complement, by endorsement on the certificate, for reasons of changed conditions or employment. (c) A requirement made under this section by an authorized official may be appealed to the Secretary under prescribed regulations. (d) A vessel to which this section applies may not be operated without having in its service the complement required in the certificate of inspection. (e) When a vessel is deprived of the service of a member of its complement without the consent, fault, or collusion of the owner, charterer, managing operator, agent, master, or individual in charge of the vessel, the master shall engage, if obtainable, a number of members equal to the number of those of whose services the master has been deprived. The replacements must be of the same or a higher grade or rating than those whose places they fill. If the master finds the vessel is sufficiently manned for the voyage, and replacements are not available to fill all the vacancies, the vessel may proceed on its voyage. Within 12 hours after the vessel arrives at its destination, the master shall report in writing to the Secretary the cause of each deficiency in the complement. A master failing to make the report is liable to the United States Government for a civil penalty of $1,000 for each deficiency. (f) The owner, charterer, or managing operator of a vessel not manned as required by this section is liable to the Government for a civil penalty of $10,000. (g) A person may not employ an individual as, and an individual may not serve as, a master, mate, engineer, radio officer, or pilot of a vessel to which this part applies or which is subject to inspection under chapter 33 of this title if the individual is not licensed by the Secretary. A person (including an individual) violating this subsection is liable to the Government for a civil penalty of not more than $10,000. Each day of a continuing violation is a separate offense. (h) The owner, charterer, or managing operator of a freight vessel of less than 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, a small passenger vessel, or a sailing school vessel not manned as required by this section is liable to the Government for a civil penalty of $1,000. The vessel also is liable in rem for the penalty. (i) When the 2 next most senior licensed officers on a vessel reasonably believe that the master or individual in charge of the vessel is under the influence of alcohol or a dangerous drug and is incapable of commanding the vessel, the next most senior master, mate, or operator licensed under section 7101(c)(1) or (3) of this title shall—(1) temporarily relieve the master or individual in charge; (2) temporarily take command of the vessel; (3) in the case of a vessel required to have a log under chapter 113 of this title, immediately enter the details of the incident in the log; and (4) report those details to the Secretary—(A) by the most expeditious means available; and (B) in written form transmitted within 12 hours after the vessel arrives at its next port.

46 U.S.C. § 8102 Watchmen

(a) The owner, charterer, or managing operator of a vessel carrying passengers during the nighttime shall keep a suitable number of watchmen in the vicinity of the cabins or staterooms and on each deck to guard against and give alarm in case of a fire or other danger. An owner, charterer, or managing operator failing to provide watchmen required by this section is liable to the United States Government for a civil penalty of $1,000. (b) The owner, charterer, managing operator, agent, master, or individual in charge of a fish processing vessel of more than 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 shall keep a suitable number of watchmen trained in firefighting on board when hotwork is being done to guard against and give alarm in case of a fire.

46 U.S.C. § 8103 Citizenship or noncitizen nationality and Navy Reserve requirements

(a) Except as otherwise provided in this title, only a citizen or noncitizen national of the United States may serve as master, chief engineer, radio officer, or officer in charge of a deck watch or engineering watch on a documented vessel. (b)(1) Except as otherwise provided in this section, on a documented vessel—(A) each unlicensed seaman must be—(i) a citizen or noncitizen national of the United States; (ii) an alien lawfully admitted to the United States for permanent residence; or (iii) a foreign national who is enrolled in the United States Merchant Marine Academy; and (B) not more than 25 percent of the total number of unlicensed seamen on the vessel may be aliens lawfully admitted to the United States for permanent residence. (2) Paragraph (1) of this subsection does not apply to—(A) a yacht; (B) a fishing vessel fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)); and (C) a fishing vessel fishing outside of the exclusive economic zone. (3) The Secretary may waive a citizenship or noncitizen nationality requirement under this section, other than a requirement that applies to the master of a documented vessel, with respect to—(A) an offshore supply vessel or other similarly engaged 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 that operates from a foreign port; (B) a mobile offshore drilling unit or other vessel engaged in support of exploration, exploitation, or production of offshore mineral energy resources operating beyond the water above the outer Continental Shelf (as that term is defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)); and (C) any other vessel if the Secretary determines, after an investigation, that qualified seamen who are citizens or noncitizen nationals of the United States are not available. (c) On each departure of a vessel (except a passenger vessel) for which a construction differential subsidy has been granted, all of the seamen of the vessel must be citizens or noncitizen nationals of the United States. (d)(1) On each departure of a passenger vessel for which a construction differential subsidy has been granted, at least 90 percent of the entire complement (including licensed individuals) must be citizens or noncitizen nationals of the United States. (2) An individual not required by this subsection to be a citizen or noncitizen national of the United States may be engaged only if the individual has a declaration of intention to become a citizen or noncitizen national of the United States or other evidence of admission to the United States for permanent residence. An alien may be employed only in the steward’s department of the passenger vessel. (e) If a documented vessel is deprived for any reason of the services of an individual (except the master and the radio officer) when on a foreign voyage and a vacancy consequently occurs, until the vessel’s return to a port at which in the most expeditious manner a replacement who is a citizen or noncitizen national of the United States can be obtained, an individual not a citizen or noncitizen national of the United States may serve in—(1) the vacancy; or (2) a vacancy resulting from the promotion of another individual to fill the original vacancy. (f) A person employing an individual in violation of this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of $500 for each individual so employed. (g) A deck or engineer officer employed on a vessel on which an operating differential subsidy is paid, or employed on a vessel (except a vessel of the Coast Guard or Great Lakes St. Lawrence Seaway Development Corporation) owned or operated by the Department of Transportation or by a corporation organized or controlled by the Department, if eligible, shall be a member of the Navy Reserve. (h) The President may—(1) suspend any part of this section during a proclaimed national emergency; and (2) when the needs of commerce require, suspend as far and for a period the President considers desirable, subsection (a) of this section for crews of vessels of the United States documented for foreign trade. (i)(1) Except as provided in paragraph (3) of this subsection, each unlicensed seaman on a fishing, fish processing, or fish tender vessel that is engaged in the fisheries in the navigable waters of the United States or the exclusive economic zone must be—(A) a citizen or noncitizen national of the United States; (B) an alien lawfully admitted to the United States for permanent residence; (C) any other alien allowed to be employed under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or (D) an alien allowed to be employed under the immigration laws of the Commonwealth of the Northern Mariana Islands if the vessel is permanently stationed at a port within the Commonwealth and the vessel is engaged in the fisheries within the exclusive economic zone surrounding the Commonwealth or another United States territory or possession. (2) Not more than 25 percent of the unlicensed seamen on a vessel subject to paragraph (1) of this subsection may be aliens referred to in clause (C) of that paragraph. (3) This subsection does not apply to a fishing vessel fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)). (j) Riding Gang Member.—This section does not apply to an individual who is a riding gang member. (k) Crew Requirements for Large Passenger Vessels.—(1) Citizenship and nationality.—Each unlicensed seaman on a large passenger vessel shall be—(A) a citizen or noncitizen national of the United States; (B) an alien lawfully admitted to the United States for permanent residence; (C) an alien allowed to be employed in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), including an alien crewman described in section 101(a)(15)(D)(i) of that Act (8 U.S.C. 1101(a)(15)(D)(i)), who meets the requirements of paragraph (3)(A) of this subsection; or (D) a foreign national who is enrolled in the United States Merchant Marine Academy. (2) Percentage limitation for alien seamen.—(A) Not more than 25 percent of the unlicensed seamen on a vessel described in paragraph (1) of this subsection may be aliens referred to in subparagraph (B) or (C) of that paragraph. (B) Notwithstanding subparagraph (A), for the period beginning on the date of enactment of the Coast Guard Authorization Act of 2025 and ending on December 31, 2065, not more than 50 percent of the unlicensed seamen on a vessel described in paragraph (1) may be aliens referred to in subparagraph (B) or (C) of such paragraph. (3) Special rules for certain unlicensed seamen.—(A) Qualifications.—An unlicensed seaman described in paragraph (1)(C) of this subsection—(i) shall have been employed, for a period of not less than 1 year, on a passenger vessel under the same common ownership or control as the vessel described in paragraph (1) of this subsection, as certified by the owner or managing operator of such vessel to the Secretary; (ii) shall have no record of material disciplinary actions during such employment, as verified in writing by the owner or managing operator of such vessel to the Secretary; (iii) shall have successfully completed a United States Government security check of the relevant domestic and international databases, as appropriate, or any other national security-related information or database; (iv) shall have successfully undergone an employer background check—(I) for which the owner or managing operator provides a signed report to the Secretary that describes the background checks undertaken that are reasonably and legally available to the owner or managing operator including personnel file information obtained from such seaman and from databases available to the public with respect to the seaman; (II) that consisted of a search of all information reasonably available to the owner or managing operator in the seaman’s country of citizenship and any other country in which the seaman receives employment referrals, or resides; (III) that is kept on the vessel and available for inspection by the Secretary; and (IV) the information derived from which is made available to the Secretary upon request; and (v) may not be a citizen or temporary or permanent resident of a country designated by the United States as a sponsor of terrorism or any other country that the Secretary, in consultation with the Secretary of State and the heads of other appropriate United States agencies, determines to be a security threat to the United States. (B) Restrictions.—An unlicensed seaman described in paragraph (1)(C) of this subsection—(i) may be employed only in the steward’s department of the vessel; and (ii) may not perform watchstanding, automated engine room duty watch, or vessel navigation functions. (C) Status, documentation, and employment.—An unlicensed seaman described in subparagraph (C) or (D) of paragraph (1) of this subsection—(i) is deemed to meet the nationality requirements necessary to qualify for a merchant mariner’s document notwithstanding the requirements of part 12 of title 46, Code of Federal Regulations; (ii) is deemed to meet the proof-of-identity requirements necessary to qualify for a merchant mariner’s document, as prescribed under regulations promulgated by the Secretary, if the seaman possesses—(I) an unexpired passport issued by the government of the country of which the seaman is a citizen or subject; and (II) an unexpired visa issued to the seaman, as described in paragraph (1)(C); (iii) shall, if eligible, be issued a merchant mariner’s document with an appropriate annotation reflecting the restrictions of subparagraph (B) of this paragraph; and (iv) may be employed for a period of service on board not to exceed 36 months in the aggregate as a nonimmigrant crewman described in section 101(a)(15)(D)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(D)(i)) on vessels engaged in domestic voyages notwithstanding the departure requirements and time limitations of such section and section 252 of the Immigration and Nationality Act (8 U.S.C. 1282) and the regulations and rules promulgated thereunder. (4) Merchant mariner’s document requirements not affected.—This subsection shall not be construed to affect any requirement under Federal law that an individual must hold a merchant mariner’s document. (5) Definitions.—In this subsection:(A) Steward’s department.—The term “steward’s department” means the department that includes entertainment personnel and all service personnel, including wait staff, housekeeping staff, and galley workers, as defined in the vessel security plan approved by the Secretary pursuant to section 70103(c) of this title. (B) Large passenger vessel.—The term “large passenger vessel” means a vessel of more than 70,000 gross tons, as measured under section 14302 of this title, with capacity for at least 2,000 passengers and documented with a coastwise endorsement under chapter 121 of this title. (l) Noncitizen National Defined.—In this section, the term “noncitizen national” means an individual described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408).

46 U.S.C. § 8104 Watches

(a) An owner, charterer, managing operator, master, individual in charge, or other person having authority may permit an officer to take charge of the deck watch on a vessel when leaving or immediately after leaving port only if the officer has been off duty for at least 6 hours within the 12 hours immediately before the time of leaving. (b) On an oceangoing or coastwise vessel of not more than 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 a fishing, fish processing, or fish tender vessel), a licensed individual may not be required to work more than 9 of 24 hours when in port, including the date of arrival, or more than 12 of 24 hours at sea, except in an emergency when life or property are endangered. (c) On a towing vessel (except a towing vessel operated only for fishing, fish processing, fish tender, or engaged in salvage operations) operating on the Great Lakes, harbors of the Great Lakes, and connecting or tributary waters between Gary, Indiana, Duluth, Minnesota, Niagara Falls, New York, and Ogdensburg, New York, an individual in the deck or engine department may not be required to work more than 8 hours in one day or permitted to work more than 15 hours in any 24-hour period, or more than 36 hours in any 72-hour period, except in an emergency when life or property are endangered. (d) On a merchant vessel of more than 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 a vessel only operating on rivers, harbors, lakes (except the Great Lakes), bays, sounds, bayous, and canals, a fishing, fish tender, or whaling vessel, a fish processing vessel 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, yacht, or vessel engaged in salvage operations), the licensed individuals, sailors, and oilers shall be divided, when at sea, into at least 3 watches, and shall be kept on duty successively to perform ordinary work incident to the operation and management of the vessel. The requirement of this subsection applies to radio officers only when at least 3 radio officers are employed. An individual in the deck or engine department may not be required to work more than 8 hours in one day. (e) On a vessel designated by subsection (d) of this section—(1) an individual may not be—(A) engaged to work alternately in the deck and engine departments; or (B) required to work in the engine department if engaged for deck department duty or required to work in the deck department if engaged for engine department duty; (2) an individual may not be required to do unnecessary work on Sundays, New Year’s Day, July 4th, Labor Day, Thanksgiving Day, or Christmas Day, when the vessel is in a safe harbor, but this clause does not prevent dispatch of a vessel on a voyage; and (3) when the vessel is in a safe harbor, 8 hours (including anchor watch) is a day’s work. (f) Subsections (d) and (e) of this section do not limit the authority of the master or other officer or the obedience of the seamen when, in the judgment of the master or other officer, any part of the crew is needed for—(1) maneuvering, shifting the berth of, mooring, or unmooring, the vessel; (2) performing work necessary for the safety of the vessel, or the vessel’s passengers, crew, or cargo; (3) saving life on board another vessel in jeopardy; or (4) performing fire, lifeboat, or other drills in port or at sea. (g)(1) On a towing vessel, an offshore supply vessel, or a barge to which this section applies, that is engaged on a voyage of less than 600 miles, the licensed individuals and crewmembers may be divided, when at sea, into at least 2 watches. (2) Paragraph (1) applies to an offshore supply vessel of at least 6,000 gross tons as measured under section 14302 of this title if the individuals engaged on the vessel are in compliance with hours of service requirements (including recording and recordkeeping of that service) as prescribed by the Secretary. (h) On a vessel to which section 8904 of this title applies, an individual licensed to operate a towing vessel may not work for more than 12 hours in a consecutive 24-hour period except in an emergency. (i) A person violating subsection (a) or (b) of this section is liable to the United States Government for a civil penalty of $10,000. (j) The owner, charterer, or managing operator of a vessel on which a violation of subsection (c), (d), (e), or (h) of this section occurs is liable to the Government for a civil penalty of $10,000. The individual is entitled to discharge from the vessel and receipt of wages earned. (k) On a fish processing vessel subject to inspection under part B of this subtitle, the licensed individuals and deck crew shall be divided, when at sea, into at least 3 watches. (l) Except as provided in subsection (k) of this section, on a fish processing vessel, the licensed individuals and deck crew shall be divided, when at sea, into at least 2 watches if the vessel—(1) entered into service before January 1, 1988, and is more 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 (2) entered into service after December 31, 1987, and has more than 16 individuals on board primarily employed in the preparation of fish or fish products. (m) This section does not apply to a fish processing vessel—(1) entered into service before January 1, 1988, and not more 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 (2) entered into service after December 31, 1987, and having not more than 16 individuals on board primarily employed in the preparation of fish or fish products. (n) On a tanker, a licensed individual or seaman may not be permitted to work more than 15 hours in any 24-hour period, or more than 36 hours in any 72-hour period, except in an emergency or a drill. In this subsection, “work” includes any administrative duties associated with the vessel whether performed on board the vessel or onshore. (o)(1) Except as provided in paragraph (2) of this subsection, on a fish tender vessel of not more than 500 gross tons as measured under section 14502 of this title, or less than 500 gross tons as measured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title engaged in the Aleutian trade, the licensed individuals and crewmembers shall be divided, when at sea, into at least 3 watches. (2) On a fish tender vessel of not more than 500 gross tons as measured under section 14502 of this title, or less than 500 gross tons as measured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title engaged in the Aleutian trade, the licensed individuals and crewmembers shall be divided, when at sea, into at least 2 watches, if the vessel—(A) before September 8, 1990, operated in that trade; or (B)(i) before September 8, 1990, was purchased to be used in that trade; and (ii) before June 1, 1992, entered into service in that trade. (p) The Secretary may prescribe the watchstanding and work hours requirements for an oil spill response vessel.

46 U.S.C. § 8105 Fishing vessel exemption

Notwithstanding any other provision of law, neither the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, nor any amendment to such convention, shall apply to a fishing vessel, including a fishing vessel used as a fish tender vessel.

46 U.S.C. § 8106 Riding gangs

(a) In General.—The owner or managing operator of a freight vessel of the United States on voyages covered by the International Convention for Safety of Life at Sea, 1974 (32 UST 47m) shall—(1) ensure that—(A) subject to subsection (d), each riding gang member on the vessel—(i) is a United States citizen or an alien lawfully admitted to the United States for permanent residence; or (ii) possesses a United States nonimmigrant visa for individuals desiring to enter the United States temporarily for business, employment-related and personal identifying information, and any other documentation required by the Secretary; (B) all required documentation for such member is kept on the vessel and available for inspection by the Secretary; and (C) each riding gang member is identified on the vessel’s crew list; (2) ensure that—(A) the owner or managing operator attests in a certificate that the background of each riding gang member has been examined and found to be free of any credible information indicating a material risk to the security of the vessel, the vessel’s cargo, the ports the vessel visits, or other individuals onboard the vessel; (B) the background check consisted of a search of all information reasonably available to the owner or managing operator in the riding gang member’s country of citizenship and any other country in which the riding gang member works, receives employment referrals, or resides; (C) the certificate required under subparagraph (A) is kept on the vessel and available for inspection by the Secretary; and (D) the information derived from any such background check is made available to the Secretary upon request; (3) ensure that each riding gang member, while on board the vessel, is subject to the same random chemical testing and reporting regimes as crew members; (4) ensure that each such riding gang member receives basic safety familiarization and basic safety training approved by the Coast Guard as satisfying the requirements for such training under the International Convention of Training, Certification, and Watchkeeping for Seafarers, 1978; (5) prevent from boarding the vessel, or cause the removal from the vessel at the first available port, and disqualify from future service on board any other vessel owned or operated by that owner or operator, any riding gang member—(A) who has been convicted in any jurisdiction of an offense described in paragraph (2) or (3) of section 7703; (B) whose license, certificate of registry, or merchant mariner’s document has been suspended or revoked under section 7704; or (C) who otherwise constitutes a threat to the safety of the vessel; (6) ensure and certify to the Secretary that the sum of—(A) the number of riding gang members on board a freight vessel, and (B) the number of individuals in addition to crew permitted under section 3304, does not exceed 12; (7) ensure that every riding gang member is employed on board the vessel under conditions that meet or exceed the minimum international standards of all applicable international labor conventions to which the United States is a party, including all of the merchant seamen protection and relief provided under United States law; and (8) ensure that each riding gang member—(A) is supervised by an individual who holds a license issued under chapter 71; and (B) only performs work in conjunction with individuals who hold merchant mariners documents issued under chapter 73 and who are part of the vessel’s crew. (b) Permitted Work.—Subject to subsection (f), a riding gang member on board a vessel to which subsection (a) applies who is neither a United States citizen nor an alien lawfully admitted to the United States for permanent residence may not perform any work on board the vessel other than—(1) work in preparation of a vessel entering a shipyard located outside of the United States; (2) completion of the residual repairs after departing a shipyard located outside of the United States; or (3) technical in-voyage repairs, in excess of any repairs that can be performed by the vessel’s crew, in order to advance the vessel’s useful life without having to actually enter a shipyard. (c) Workday Limit.—(1) In general.—The maximum number of days in any calendar year that the owner or operator of a vessel to which subsection (a) applies may employ on board riding gang members who are neither United States citizens nor aliens lawfully admitted to the United States for permanent residence for work on board that vessel is 60 days. If the vessel is at sea on the 60th day, each riding gang member shall be discharged from the vessel at the next port of call reached by the vessel after the date on which the 60-workday limit is reached. (2) Calculation.—For the purpose of calculating the 60-workday limit under this subsection, each day worked by a riding gang member who is neither a United States citizen nor an alien lawfully admitted to the United States for permanent residence shall be counted against the limitation. (d) Exceptions for Warranty Work.—(1) In general.—Subsections (b), (c), (e), and (f) do not apply to a riding gang member employed exclusively to perform, and who performs only, work that is—(A) customarily performed by original equipment manufacturers’ technical representatives; (B) required by a manufacturer’s warranty on specific machinery and equipment; or (C) required by a contractual guarantee or warranty on actual repairs performed in a shipyard located outside of the United States. (2) Citizenship requirement.—Subsection (a)(1)(A) applies only to a riding gang member described in paragraph (1) who is on the vessel when it calls at a United States port. (e) Recordkeeping.—In addition to the requirements of subsection (a), the owner or managing operator of a vessel to which subsection (a) applies shall ensure that all information necessary to ensure compliance with this section, as determined by the Secretary, is entered into the vessel’s official logbook required by chapter 113. (f) Failure to Employ Qualified Available U.S. Citizens or Residents.—(1) In general.—The owner or operator of a vessel to which subsection (a) applies may not employ a riding gang member who is neither a United States citizen nor an alien lawfully admitted to the United States for permanent residence to perform work described in subsection (b) unless the owner or operator determines, in accordance with procedures established by the Secretary to carry out section 8103(b)(3)(C), that there is not a sufficient number of United States citizens or individuals lawfully admitted to the United States for permanent residence who are qualified and available for the work for which the riding gang member is to be employed. (2) Civil penalty.—A violation of paragraph (1) is punishable by a civil penalty of not more than $10,000 for each day during which the violation continues. (3) Continuing violations.—The maximum amount of a civil penalty for a violation under this subsection shall be $100,000. (4) Determination of amount.—In determining the amount of the penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the violator, the degree of culpability, the history of prior offenses, the ability to pay, and such other matters as justice may require. (5) Compromise, modification, and remittal.—The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty imposed under this section.

46 U.S.C. § 8107 Use of force against piracy

(a) Limitation on Liability.—An owner, operator, time charterer, master, mariner, or individual who uses force or authorizes the use of force to defend a vessel of the United States against an act of piracy shall not be liable for monetary damages for any injury or death caused by such force to any person engaging in an act of piracy if such force was in accordance with standard rules for the use of force in self-defense of vessels prescribed by the Secretary. (b) Promotion of Coordinated Action.—To carry out the purpose of this section, the Secretary of the department in which the Coast Guard is operating shall work through the International Maritime Organization to establish agreements to promote coordinated action among flag- and port-states to deter, protect against, and rapidly respond to piracy against the vessels of, and in the waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those established by subsection (a). (c) Definition.—For the purpose of this section, the term “act of piracy” means any act of aggression, search, restraint, depredation, or seizure attempted against a vessel of the United States by an individual not authorized by the United States, a foreign government, or an international organization recognized by the United States to enforce law on the high seas.

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