U.S. Code
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Title 46
» Subtitle Subtitle II— Vessels and Seamen › Part Part E— Merchant Seamen Licenses, Certificates, and Documents › Chapter CHAPTER 71— LICENSES AND CERTIFICATES OF REGISTRY
46 U.S.C. § 7106
Duration of licenses
(a)In General.—A license issued under this part is valid for a 5-year period and may be renewed for additional 5-year periods; except that the validity of a license issued to a radio officer is conditioned on the continuous possession by the holder of a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission.(b)Advance Renewals.—A renewed license issued under this part may be issued up to 8 months in advance but is not effective until the date that the previously issued license expires or until the completion of any active suspension or revocation of that previously issued license, whichever is later.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 101–380, title IV, § 4102(a), Aug. 18, 1990, 104 Stat. 509; Pub. L. 111–281, title VI, § 614(b), Oct. 15, 2010, 124 Stat. 2970; Pub. L. 115–282, title V, § 510(1), Dec. 4, 2018, 132 Stat. 4274.)Historical and Revision Notes |
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7106 | 46:214(c) 46:225 46:226 46:228 46:229 46:229c |
Section 7106 sets a 5 year time limit on the validity of a license. It also requires a licensed radio officer to be in continuous possession of an FCC license.
Editorial NotesAmendments2018—Subsec. (b). Pub. L. 115–282 substituted “license, whichever” for “merchant mariner’s document, whichever”.
2010—Pub. L. 111–281 amended section generally. Prior to amendment, text read as follows: “A license issued under this part is valid for 5 years and may be renewed for additional 5-year periods. However, the validity of a license issued to a radio officer is conditioned on the continuous possession by the holder of a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission.”
1990—Pub. L. 101–380 inserted “and may be renewed for additional 5-year periods” after “for 5 years”.
Statutory Notes and Related SubsidiariesEffective Date of 1990 AmendmentAmendment 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.
Termination of Existing Licenses, Certificates, and Documents; Applicability of 1990 AmendmentPub. L. 101–380, title IV, § 4102(d), Aug. 18, 1990, 104 Stat. 510, provided that: “A license, certificate of registry, or merchant mariner’s document issued before the date of the enactment of this section [Aug. 18, 1990] terminates on the day it would have expired if—“(1) subsections (a), (b), and (c) [amending this section and sections 7107 and 7302 of this title] were in effect on the date it was issued; and“(2) it was renewed at the end of each 5-year period under section 7106, 7107, or 7302 of title 46, United States Code.”
Notes of Decisions
Animal Legal Def. Fund v. U.S. Dep't of Agric., 789 F.3d 1206 (11th Cir. 2015).
“§ 808 (setting forth detailed renewal process); 46 U.S.C. § 7106 (a) (stating “license issued” may be “renewed for additional 5-year periods”); 47 U.”
Reid v. Mayorkas (D.D.C. 2024).
· cites it 3× “46 U.S.C. § 7106 (b). So too did Congress express that a renewed license represents an entirely new credential and not merely an extension of the original license.”
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