46 U.S.C. § 8501

State regulation of pilots

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(a) Except as otherwise provided in this subtitle, pilots in the bays, rivers, harbors, and ports of the United States shall be regulated only in conformity with the laws of the States.(b) The master of a vessel entering or leaving a port on waters that are a boundary between 2 States, and that is required to have a pilot under this section, may employ a pilot licensed or authorized by the laws of either of the 2 States.(c) A State may not adopt a regulation or provision that discriminates in the rate of pilotage or half-pilotage between vessels sailing between the ports of one State and vessels sailing between the ports of different States, or against vessels because of their means of propulsion, or against public vessels of the United States.(d) A State may not adopt a regulation or provision that requires a coastwise vessel to take a pilot licensed or authorized by the laws of a State if the vessel—(1) is propelled by machinery and subject to inspection under part B of this subtitle; or(2) is subject to inspection under chapter 37 of this title.(e) Any regulation or provision violating this section is void.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 553; Pub. L. 98–557, § 29(e), Oct. 30, 1984, 98 Stat. 2874.)

Historical and Revision Notes
Revised section	Source section (U.S. Code)
8501(a)	46:211
8501(b)	46:212
8501(c), (e)	46:213
8501(d)	46:215

Section 8501 establishes the general proposition that the States regulate pilots in the bays, rivers, harbors, and ports of the United States, unless otherwise specifically provided by law.

Subsection (a) states this general proposition and uses the word “only” for emphasis on this point. Further, except as specifically provided in law, the Committee intends that this chapter not be construed to annul or affect any regulation established by the laws of a State requiring a vessel entering or leaving a port in that State to employ a pilot licensed or authorized by the laws of that State. In at least two places in current law, this general proposition is stated in both a positive and negative manner. The Committee intends to consolidate those separate statements into one provision to avoid ambiguity and redundancy.

Subsections (b) and (c) contain provisions regarding pilotage in waters between two States.

Subsection (d) prohibits a State from requiring a State licensed pilot on certain coastwise vessels.

Subsection (e) voids any regulation or provision violating this section.

Editorial NotesAmendments

1984—Subsec. (a). Pub. L. 98–557 substituted “subtitle” for “part”.

Notes of Decisions

Cited in 21 cases (4 in the last 5 years), 1986–2025 · leading case: United States v. Commonwealth of Massachusetts

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United States v. Commonwealth of Massachusetts (2006) mad · cites it 7× “This rule, instead, falls under the express preemption language of 46 U.S.C. § 8501 (d). The United States Congress has spoken clearly regarding compulsory state pilot-age requirements, declaring that: A State may not adopt a regulation or provision that requires a coastwise…”

Helen Ehret Bach, Eugene G. Bach, Iii, Janet B. Lashley v. Trident Steamship Company, Inc. (1991) ca5 · cites it 2× “” (Codified as amended at 46 U.S.C. § 8501 (a).) . 53 U.S. at 312 , 13 L.”

Interoceanica Corporation and Turbana Corporation v. Sound Pilots, Inc. (1997) ca2 “Interoceánica answered that: (1) the amended § 89-b still allowed Connecticut-licensed pilots to navigate between the Byram River Line and Execution Rocks; and (2) if it did not, then the' statute violated the Federal Boundary Waters Act, 46 U.S.C. § 8501 (b). The parties…”

Harry J. Williams v. United States Department of Transportation and United States Coast Guard (1986) ca11 · cites it 2× “Section 211 was recodified as 46 U.S.C. § 8501 (a) and amended in 1984 for clarification.”

Interport Pilots Agency, Inc. v. Sammis (1994) ca2 · cites it 4× “JACOBS, Circuit Judge: On this appeal this Court has occasion for the first time to construe the Federal Boundary Waters Act, enacted in 1837 and codified in its current version at 46 U.S.C. § 8501 (b) (1989) (the “boundary statute”).”

Interport Pilots Agency, Inc. v. Sammis (1991) nyed · cites it 6× “Specifically, the plaintiffs seek a declaration as to their rights under 46 U.S.C. § 8501 (b) and New York Navigation Law § 89-b.”

Ball v. Interoceanica Corp. (1995) ca2 · cites it 3× “The district court also concluded that § 89-b does not violate the Federal Boundary Waters Act, 46 U.S.C. § 8501 (b), because the waters west of the Connecticut-New York border (which are bounded by Westchester County and Long Island) constitute territorial waters of the State…”

Sweatt v. Florida Board of Pilot Commissioners (1991) flmd · cites it 3× “DISCUSSION The issue presented in this case is whether the Boundary Waters Act, 46 U.S.C. § 8501 (1988), is applicable to the Port of Fernandina, and therefore preempts the State of Florida’s power to regulate harbor pilots licensed by the State of Georgia.”

Marquette Trans v. Navigation Mrtm (2023) ca5 “46 U.S.C. § 8501 (a); see also 2 Thomas J.”

Gordon Westergren, Sandy Westergren, Richard Helmle, Carole Helmle, Chris Miller, Kimberly Miller, Peter Sundt, and Bria (2018) texapp · cites it 2× “” 46 U.S.C. § 8501 (a). Section 8501 expresses Congress’s 8 continuing intent not to limit States’ authority to regulate pilotage unless another federal statute provides otherwise.”

Ball v. Interoceanica Corp. (1994) nysd · cites it 3× “Is the amended statute valid under federal law? Having concluded that the statute restricts pilotage on the New York territorial waters of Long Island Sound to New York licensees, it remains to be decided whether, as defendants contend, this result contravenes the Federal…”

Evans v. United Arab Shipping Co. S.A.G. (1993) ca3 “Pursuant to 46 U.S.C.A. § 8501 (West Supp. 1993, Partial Revision) (delegating to the states the continued regulation of pilotage), Delaware requires all vessels entering the Delaware Bay to take a state licensed pilot aboard or be subject to penalties and fines.”

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