§7101. Issuing and classifying licenses and certificates of registry — Inbound Citations
46 U.S.C. § 7101
Cited by 18 provisions in release 119-102.
Citations to 46 U.S.C. § 7101 as a whole
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(b) The staff department on a vessel is a separate and independent department. It consists of individuals registered under section 7101 of this title, clerks, and individuals assigned to the senior registered medical doctor.
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(c) A person may not engage or employ an individual to serve as, and an individual may not serve as, a master, mate, or engineer on a vessel to which this section applies, if the individual does not have a license issued under section 7101 of this title authorizing service in the capacity in which the individual is to be engaged or employed.
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(a) Except as provided in subsections (g) and (i) of this section, a coastwise seagoing vessel shall be under the direction and control of a pilot licensed under section 7101 of this title if the vessel is—(1) not sailing on register;(2) underway;(3) not beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured; and(A) propelled by machinery and subject to inspection under part B of this subtitle; or(B) subject to inspection under chapter 37 of this title.
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(1) The Secretary shall designate by regulation the areas of the approaches to and waters of Prince William Sound, Alaska, if any, on which a vessel subject to this section is not required to be under the direction and control of a pilot licensed under section 7101 of this title.
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(2) In any area of Prince William Sound, Alaska, where a vessel subject to this section is required to be under the direction and control of a pilot licensed under section 7101 of this title, the pilot may not be a member of the crew of that vessel and shall be a pilot licensed by the State of Alaska who is operating under a Federal license, when the vessel is navigating waters between 60°49′ North latitude and the Port of Valdez, Alaska.
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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.
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(b) A vessel to which section 3702(b) of this title applies shall have on board as a crewmember in charge of the transfer operation an individual certified as a tankerman (qualified for the grade of fuel transferred), unless a master, mate, pilot, engineer, or operator licensed under section 7101 of this title is present in charge of the transfer. If the vessel does not have that individual on board, chapter 37 of this title applies to the vessel.
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(b) A member of the complement of a vessel of the United States operating on register or of a vessel of Canada may serve as the pilot required on waters not designated by the President if the member is licensed under section 7101 of this title, or under equivalent provisions of Canadian law, to direct the navigation of the vessel on the waters being navigated.
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(e) A Canadian vessel regularly operating on the Great Lakes or between ports on the Great Lakes and the Saint Lawrence River, with only an occasional voyage to ports in the maritime provinces of Canada in the Canadian coastal trade, is exempt from subsection (a) of this section as long as Canada permits enrolled vessels of the United States to be operated on Canadian waters of the Great Lakes under the direction of individuals licensed under section 7101 of this title.
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(1) have a license as master, mate, or pilot issued under section 7101 of this title;
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(A) engaged on a vessel to perform assigned duties in more than one State as a pilot licensed under section 7101 of this title or licensed or authorized under the laws of a State; or
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(3) agree in writing to require, as a condition for graduation, that each individual who is a citizen of the United States and who is attending the academy in a merchant marine officer preparation program pass the examination required for the issuance of a license under section 7101 of this title; and
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(i) required for the issuance of an original license under section 7101; or
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(1) A State maritime academy may offer a program under which an eligible individual may complete a merchant marine officer preparation program approved by the Secretary, and the requirements for the issuance of a license under section 7101 of this title, in less than 3 years, without a requirement to earn a baccalaureate or other degree from the State maritime academy.
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(5) An individual who holds, or is applying for, a license or certificate of registry under section 7101 of title 46, or a merchant mariner’s document under section 7302 of title 46, may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the Secretary of the department in which the Coast Guard is operating. The Secretary may receive the information and shall make the information available to the individual for review and written comment before denying, suspending, or revoking the license, certificate, or document of the individual based on the information and before using the information in an action taken under chapter 77 of title 46. The Secretary may not otherwise divulge or use the information, except for purposes of section 7101, 7302, or 7703 of title 46. Information may not be obtained from the Register under this paragraph if the information was entered in the Register more than 3 years before the request, unless the information is about a revocation or suspension still in effect on the date of the request.
Citations to §7101(c)
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(B) does not hold a license issued under section 7101(c); and
Citations to §7101(c)(1)
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(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.
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(h) The Secretary shall designate waters on which tankers over 1,600 gross tons subject to this section shall have on the bridge a master or mate licensed to direct and control the vessel under section 7101(c)(1) of this title who is separate and distinct from the pilot required under subsection (a) of this section.