1625-0061 Stat/Authority

§ 8103

TITLE 46—SHIPPING

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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 548; Pub. L.
98–364, title IV, § 402(10), July 17, 1984, 98 Stat.
448; Pub. L. 104–324, title VII, § 726, Oct. 19, 1996,
110 Stat. 3939.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

8102 ..............................................

46:470
46:471

Section 8102 requires the person responsible for the
management of a vessel carrying passengers to have a
suitable watch at night to guard against, and to sound
an alarm in case of fire or other danger, or be liable for
a civil penalty.
Editorial Notes
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–324 inserted ‘‘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’’ after ‘‘100 gross tons’’.
1984—Pub. L. 98–364 designated existing provisions as
subsec. (a) and added subsec. (b).

§ 8103. Citizenship and Navy Reserve requirements
(a) Except as otherwise provided in this title,
only a citizen 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 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

Page 142

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 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 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 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 of the United States.
(2) An individual not required by this subsection to be a citizen of the United States may
be engaged only if the individual has a declaration of intention to become a citizen 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 of the United States can be obtained,
an individual not a citizen 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

Page 143

TITLE 46—SHIPPING

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 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 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.—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.
(3) SPECIAL RULES FOR CERTAIN UNLICENSED
SEAMEN.—
(A) QUALIFICATIONS.—An unlicensed seaman described in paragraph (1)(C) of this
subsection—

§ 8103

(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 pre-

§ 8103

TITLE 46—SHIPPING
scribed 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 548; Pub. L.
100–239, §§ 5(a)(1), (2), (b)–(d)(1), Jan. 11, 1988, 101
Stat. 1780; Pub. L. 100–255, Mar. 4, 1988, 102 Stat.
23; Pub. L. 101–595, title VI, § 603(6), title VII,
§ 711, Nov. 16, 1990, 104 Stat. 2993, 2997; Pub. L.
104–208, div. A, title I, § 101(a) [title II, § 211(b)],
Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L.
104–324, title VII, § 727, title XI, § 1123, Oct. 19,
1996, 110 Stat. 3939, 3980; Pub. L. 108–293, title IV,
§ 412, Aug. 9, 2004, 118 Stat. 1046; Pub. L. 109–163,
div. A, title V, § 515(f)(3)(A), (B), Jan. 6, 2006, 119
Stat. 3236; Pub. L. 109–241, title III, § 312(c)(1),
July 11, 2006, 120 Stat. 533; Pub. L. 109–304,
§ 15(22), Oct. 6, 2006, 120 Stat. 1704; Pub. L.
109–364, div. C, title XXXV, § 3509, Oct. 17, 2006,
120 Stat. 2518; Pub. L. 110–181, div. C, title XXXV,
§ 3529(d), Jan. 28, 2008, 122 Stat. 604; Pub. L.
114–120, title III, §§ 306(a)(6), 313(d), Feb. 8, 2016,
130 Stat. 54, 59; Pub. L. 116–260, div. AA, title V,
§ 512(c)(6)(B), Dec. 27, 2020, 134 Stat. 2757; Pub. L.
116–283, div. G, title LVXXXV [LXXXV],
§ 8505(b)(8), Jan. 1, 2021, 134 Stat. 4751.)

Page 144
HISTORICAL AND REVISION NOTES

Revised section
8103 ..............................................

Source section (U.S. Code)
46:221
46:236
46:672(h)
46:672a
46:690
46:1132

Section 8103 sets forth the requirements for citizenship and Naval Reserve membership for the complement on a vessel documented under the laws of the
United States.
Subsection (a) requires that the master, chief engineer, or officer in charge of a deck or engineering
watch on a United States documented vessel be a
United States citizen.
Subsection (b) requires that 75 percent of the seamen,
excluding licensed individuals, on a United States documented vessel be United States citizens, except for a
fishing or whaling vessel or yacht. The Secretary may
reduce the percentage if the Secretary decides on investigation that United States seamen are not available.
This investigation and percentage reduction authority
is the sole responsibility of the Secretary of Transportation and accordingly the Secretary is to make these
decisions expeditiously, promptly, and independently
so as not to be dependent on any other agency to make
this reduction. The Committee believes the Secretary
is capable of this decision and need not delay or fail to
make the decision because some other agency does not
have the information or would require an extended period to acquire that information. The phrase ‘‘for any
reason’’ is used merely to emphasize the complete discretion of the Secretary in making this decision. In addition, because this decision is based on an investigation, formal procedures of the Administrative Procedure Act do not apply.
Subsections (c) and (d) provide that a vessel, except
a passenger vessel, on departure from the United States
that has been granted a construction or operating differential subsidy have a higher percentage citizenship
requirement. Subsection (c) requires all of the crew and
employees of a cargo vessel be United States citizens.
Subsection (d) requires at least 90 percent of the entire
complement of a passenger vessel be United States citizens. The phrase ‘‘including all licensed individuals’’
emphasizes that all licensed individuals are required to
be United States citizens as required by subsection (a)
and that they compose part of the 90 percent requirement under this subsection. Further, under subsection
(d), the balance of the complement must be individuals
who have a declaration of intention to become a United
States citizen or evidence of admission to the United
States as a permanent resident and may only be employed in the steward’s department of the passenger
vessel.
Except for the master, subsection (e) permits a nonUnited States citizen to fill a vacancy that occurs for
any reason on a United States documented vessel during a foreign voyage until the vessel returns to a
United States port where a United States citizen replacement can be obtained. The phrase ‘‘for any reason’’ is used merely for emphasis.
Subsection (f) provides for the penalty for violation
of this section.
Subsection (g) requires a deck or engineer officer on
a vessel that has been granted an operating differential
subsidy or is under the control by the Department of
Transportation to be, if eligible, a member of the Naval
Reserve. This section does not apply to a vessel of the
Coast Guard or the Saint Lawrence Seaway Development Corporation.
Subsection (h) permits the President to suspend the
requirements of this section during a proclaimed national emergency or the requirement of subsection (a)
for United States vessels documented for foreign trade
when the needs of commerce require.

Page 145

§ 8103

TITLE 46—SHIPPING
Editorial Notes
REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in
subsecs. (i)(1)(C) and (k)(1)(C), is act June 27, 1952, ch.
477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality.
For complete classification of this Act to the Code, see
Short Title note set out under section 1101 of Title 8
and Tables.
AMENDMENTS
2021—Subsec. (k)(3)(C). Pub. L. 116–283 substituted
‘‘merchant mariner’s document’’ for ‘‘merchant mariners document’’ wherever appearing.
2020—Subsec. (g). Pub. L. 116–260 substituted ‘‘Great
Lakes St. Lawrence Seaway Development Corporation’’
for ‘‘Saint Lawrence Seaway Development Corporation’’.
2016—Subsec. (b)(1)(A)(iii). Pub. L. 114–120, § 306(a)(6),
substituted ‘‘Academy; and’’ for ‘‘Academy.’’
Subsecs. (c), (d)(1). Pub. L. 114–120, § 313(d), struck out
‘‘or operating’’ before ‘‘differential subsidy’’.
2008—Subsec. (k)(3)(C)(iv). Pub. L. 110–181 inserted
‘‘and section 252 of the Immigration and Nationality
Act (8 U.S.C. 1282)’’ after ‘‘limitations of such section’’.
2006—Pub. L. 109–163, § 515(f)(3)(B), substituted ‘‘Navy
Reserve’’ for ‘‘Naval Reserve’’ in section catchline.
Subsec. (a). Pub. L. 109–304 substituted ‘‘Except as
otherwise provided in this title, only’’ for ‘‘Only’’.
Subsec. (g). Pub. L. 109–163, § 515(f)(3)(A), substituted
‘‘Navy Reserve’’ for ‘‘Naval Reserve’’.
Subsec. (j). Pub. L. 109–241 added subsec. (j).
Subsec. (k). Pub. L. 109–364 added subsec. (k).
2004—Subsec. (b)(1)(A). Pub. L. 108–293 amended subpar. (A) generally. Prior to amendment, subpar. (A)
read as follows: ‘‘each unlicensed seaman must be a citizen of the United States or an alien lawfully admitted
to the United States for permanent residence; and’’.
1996—Subsec. (b)(2)(B). Pub. L. 104–208 substituted
‘‘Magnuson-Stevens Fishery’’ for ‘‘Magnuson Fishery’’.
Subsec. (b)(3)(A). Pub. L. 104–324, § 727, inserted ‘‘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’’ after ‘‘1,600 gross tons’’.
Subsec. (i)(1)(D). Pub. L. 104–324, § 1123, added subpar.
(D).
Subsec. (i)(3). Pub. L. 104–208 substituted ‘‘MagnusonStevens Fishery’’ for ‘‘Magnuson Fishery’’.
1990—Subsec. (i)(3)(C). Pub. L. 101–595, §§ 603(6) and 711,
amended subpar. (C) identically, substituting ‘‘Nationality’’ for ‘‘Naturalization’’.
1988—Subsec. (a). Pub. L. 100–239, § 5(a)(1), inserted
‘‘radio officer,’’ after ‘‘chief engineer,’’.
Subsec. (b). Pub. L. 100–255 substituted ‘‘section,’’ for
‘‘subsection,’’ in par. (3).
Pub. L. 100–239, § 5(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:
‘‘On each departure of a documented vessel (except a
fishing or whaling vessel or yacht) from a port of the
United States, 75 percent of the seamen (excluding licensed individuals) must be citizens of the United
States. If the Secretary decides, on investigation, that
qualified citizen seamen are not available, the Secretary may reduce the percentage.’’
Subsecs. (c), (d)(1). Pub. L. 100–239, § 5(b), struck out
‘‘from the United States’’ after ‘‘On each departure’’.
Subsec. (e). Pub. L. 100–239, § 5(c), inserted ‘‘and the
radio officer’’ after ‘‘the master’’ and substituted
‘‘until the vessel’s return to a port at which in the
most expeditious manner’’ for ‘‘until the vessel’s first
return to a United States port at which’’.
Subsec. (i). Pub. L. 100–239, § 5(d)(1), added subsec. (i).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–208, div. A, title I, § 101(a) [title II,
§ 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided

that the amendment made by that section is effective
15 days after Oct. 11, 1996.
EFFECTIVE DATE OF 1988 AMENDMENT
Pub. L. 100–239, § 5(a)(3), Jan. 11, 1988, 101 Stat. 1780,
provided that: ‘‘Paragraph (2) of this subsection
[amending this section] is effective 30 days after the
date of enactment of this Act [Jan. 11, 1988].’’
Pub. L. 100–239, 5(d)(2), Jan. 11, 1988, 101 Stat. 1781,
provided that: ‘‘This subsection [amending this section]
is effective 360 days after the day of the enactment of
this Act [Jan. 11, 1988].’’
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
DISTANT WATER TUNA FLEET
Pub. L. 109–241, title IV, § 421, July 11, 2006, 120 Stat.
547, as amended by Pub. L. 111–281, title IX, § 904, Oct.
15, 2010, 124 Stat. 3011; Pub. L. 112–213, title VII, § 701,
Dec. 20, 2012, 126 Stat. 1579; Pub. L. 113–281, title VI,
§ 601, Dec. 18, 2014, 128 Stat. 3060; Pub. L. 114–120, title
VI, § 601(a), Feb. 8, 2016, 130 Stat. 79; Pub. L. 116–283, div.
G, title LVXXXV [LXXXV], § 8507(f), Jan. 1, 2021, 134
Stat. 4754, provided that:
‘‘(a) MANNING REQUIREMENTS.—
‘‘(1) IN GENERAL.—Notwithstanding section 8103(a)
of title 46, United States Code, United States purse
seine fishing vessels fishing exclusively for highly migratory species in the treaty area under a fishing license issued pursuant to the 1987 Treaty on Fisheries
Between the Governments of Certain Pacific Islands
States and the Government of the United States of
America, or transiting to or from the treaty area exclusively for such purpose, may engage foreign citizens to meet the manning requirement (except for the
master) until the date of expiration of this section if,
after timely notice of a vacancy to meet the manning
requirement, no United States citizen personnel are
readily available to fill such vacancy.
‘‘(2) DEFINITION.—In this subsection, the term ‘treaty area’ has the meaning given the term in the Treaty on Fisheries Between the Governments of Certain
Pacific Island States and the Government of the
United States of America as in effect on the date of
the enactment of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109–241) [July
11, 2006].
‘‘(b) LICENSING RESTRICTIONS.—
‘‘(1) IN GENERAL.—Subsection (a) only applies to a
foreign citizen who holds a credential that is equivalent to the credential issued by the Coast Guard to a
United States citizen for the position, with respect to
requirements for experience, training, and other
qualifications.
‘‘(2) TREATMENT OF CREDENTIAL.—An equivalent credential under paragraph (1) shall be considered as
meeting the requirements of section 8304 of title 46,
United States Code, but only while a person holding
the credential is in the service of the vessel to which
this section applies.
‘‘(c) EXPIRATION.—This section expires on the date
the Treaty on Fisheries Between the Governments of
Certain Pacific Island States and the Government of
the United States of America ceases to have effect for
any party under Article 13.6 of such treaty, as in effect
on the date of enactment of the Coast Guard Authorization Act of 2020 [Jan. 1, 2021].
‘‘(d) REPORTS.—Not later than July 1 of each year
until the date of expiration of this section, the Coast
Guard and the National Marine Fisheries Service shall

§ 8104

TITLE 46—SHIPPING

submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committees on Transportation and Infrastructure and
Resources [now Natural Resources] of the House of
Representatives, providing the following information
on the United States purse seine fleet referred to in
subsection (a):
‘‘(1) The number and identity of vessels in the fleet
using foreign citizens to meet manning requirements
pursuant to this section and any marine casualties
involving such vessel.
‘‘(2) The number of vessels in the fishery under
United States flag as of January 1 of the year in
which the report is submitted, the percentage ownership or control of such vessels by non-United States
citizens, and the nationality of such ownership or
control.
‘‘(3) Description of any transfers or sales of United
States flag vessels in the previous calendar year, and
the disposition of such vessel, including whether the
vessel was scrapped or sold, and, if sold, the nationality of the new owner and location of any fishery to
which the vessel will be transferred.
‘‘(4) Landings of tuna by vessels under flag in the 2
previous calendar years, including an assessment of
landing trends, and a description of landing percentages and totals—
‘‘(A) delivered to American Samoa and any other
port in a State or territory of the United States;
and
‘‘(B) delivered to ports outside of a State or territory of the United States, including the identity of
the port.
‘‘(5) An evaluation of capacity and trends in the
purse seine fleet fishing in the area covered by the
South Pacific Regional Fisheries Treaty, and any
transfer of capacity from such fleet or area to other
fisheries, including those governed under the Western
and Central Pacific Fisheries Convention and the
Inter-American Tropical Tuna Convention.’’
APPLICATION OF SECTION TO FISHING VESSELS IN
CALIFORNIA
Pub. L. 101–595, title III, § 317, Nov. 16, 1990, 104 Stat.
2988, as amended by Pub. L. 104–324, title III,
§ 301(d)(2)(B), Oct. 19, 1996, 110 Stat. 3916, provided that:
‘‘(a) DEFINITION.—For purposes of the application of
sections 8103(a), 12102, 12110, 12111, and 12122(b) of title
46, United States Code, to a fishing vessel operating in
waters subject to the jurisdiction of the United States
off the coast of the State of California, the term ‘citizen of the United States’ includes an alien lawfully admitted to the United States for permanent residence.
‘‘(b) TERMINATION.—This section shall terminate on
October 1, 2000.’’

§ 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

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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,