46 U.S.C. § 8502

Federal pilots required

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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(4)(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.(b) The fees charged for pilotage by pilots required under this section may not be more than the customary or legally established rates in the States in which the pilotage is performed.(c) A State or political subdivision of a State may not impose on a pilot licensed under this subtitle an obligation to procure a State or other license, or adopt any other regulation that will impede the pilot in the performance of the pilot’s duties under the laws of the United States.(d) A State or political subdivision of a State may not levy pilot charges on a vessel lawfully piloted by a pilot required under this section.(e) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of $10,000. The vessel also is liable in rem for the penalty.(f) An individual serving as a pilot without having a license required by this section or a regulation prescribed under this section is liable to the Government for a civil penalty of $10,000.(g)(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.(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.(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.(i)(1) Except as provided in paragraph (2), a dredge to which this section would otherwise apply is exempt from the requirements of this section.(2) If the Secretary determines, after notice and comment, that the exemption under paragraph (1) creates a hazard to navigational safety in a specified area, the Secretary may require that a dredge exempted by paragraph (1) which is operating in that area shall comply with this section.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 553; Pub. L. 98–557, § 29(f)(1), (2), Oct. 30, 1984, 98 Stat. 2874; Pub. L. 99–307, § 1(13), May 19, 1986, 100 Stat. 446; Pub. L. 101–380, title IV, §§ 4116(a), (b), 4302(g), Aug. 18, 1990, 104 Stat. 522, 539; Pub. L. 101–595, title III, § 307, Nov. 16, 1990, 104 Stat. 2985; Pub. L. 105–383, title III, § 301(b)(7), Nov. 13, 1998, 112 Stat. 3417.)

Historical and Revision Notes
8502	46:215 46:364 46:391a 46:497

Historical and Revision Notes

8502

46:215

46:364

46:391a

46:497

Section 8502 sets forth the provisions and requirements for pilots licensed under section 7101. It is an exception provided by law envisioned under section 8501(a).

Subsection (a) applies the requirement for a Federal pilot to coastwise seagoing vessels if propelled by machinery and inspected under part B or if inspected under chapter 37, including a tank barge. The section has been carefully worded to clearly set out those vessels that are required at times to have a Federal pilot.

Subsection (b) prohibits Federal pilot fees from being higher than those required for State pilots. Subsections (c) and (d) prohibit States from imposing impediments to the proper performance of, or levying charges related to, Federal pilotage.

Subsections (e) and (f) prescribe civil penalties for violation of this section.

Editorial NotesAmendments

1998—Subsec. (a)(3). Pub. L. 105–383 substituted “not beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured” for “not on the high seas”.

1990—Subsec. (a). Pub. L. 101–595, § 307(1), substituted “subsections (g) and (i)” for “subsection (g)” in introductory provisions.

Subsecs. (e), (f). Pub. L. 101–380, § 4302(g), substituted “$10,000” for “$500”.

Subsec. (g). Pub. L. 101–380, § 4116(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “The Secretary shall designate by regulation the areas of the approaches to and waters of Prince William Sound, Alaska, 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.”

Subsec. (h). Pub. L. 101–380, § 4116(b), added subsec. (h).

Subsec. (i). Pub. L. 101–595, § 307(2), added subsec. (i).

1986—Subsec. (a)(4)(A). Pub. L. 99–307 substituted “part” for “Part”.

1984—Subsec. (a). Pub. L. 98–557, § 29(f)(1), amended subsec. (a) generally, which prior to amendment read as follows: “A coastwise seagoing vessel, when not sailing on register and when underway (except on the high seas), shall be under the direction and control of a pilot licensed under section 7101 of this title if the vessel is—

“(1) propelled by machinery and subject to inspection under part B of this subtitle; or

“(2) subject to inspection under chapter 37 of this title.”

Subsec. (g). Pub. L. 98–557, § 29(f)(2), added subsec. (g).

Statutory Notes and Related SubsidiariesEffective Date of 1990 Amendment

Amendment 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.

Executive DocumentsTerritorial Sea of United States

For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.

Notes of Decisions

Cited in 12 cases, 1986–2018 · leading case: Interport Pilots Agency, Inc. v. Sammis, 14 F.3d 133 (2d Cir. 1994).

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Interport Pilots Agency, Inc. v. Sammis, 14 F.3d 133 (2d Cir. 1994). · cites it 2× “46 U.S.C. § 8502 (1989). Thus, the states have authority over the pilotage of all American vessels sailing under register, that is, engaged in foreign trade, and all foreign flag vessels (jointly, “registered vessels”).”

Krause Marine Towing Corp. v. Ass'n of Maryland Pilots, 44 A.3d 1043 (Md. Ct. Spec. App. 2012). “The United States Coast Guard licenses pilots for vessels that travel from one domestic port to another, see 46 U.S.C. § 8502 (2006), while Maryland licenses pilots for ships bound to or coming from foreign ports.”

Gordon Westergren, Sandy Westergren, Richard Helmle, Carole Helmle, Chris Miller, Kimberly Miller, Peter Sundt, & Brian Johnson v. Houston Pilots Ass'n, 566 S.W.3d 7 (Tex. App. 2018). “§ 9302 ; and (2) with respect to American- flagged vessels sailing between American ports, 46 U.S.C. § 8502 . See Sammis, 14 F.3d at 136 ; Continental Ins.”

Rabren v. Bd. of Pilot Com'rs, 497 So. 2d 1245 (Fla. 1st DCA 1986). · cites it 2× “ships described in 46 U.S.C. § 8502 . The State may not level piloting charges on coastwise vessels.”

Am. Pilots' Ass'n v. Gracey, 631 F. Supp. 827 (D.D.C. 1986). · cites it 3× “Pursuant to 46 U.S.C.A. § 8502 (a) (1985), a coastwise seagoing vessel such as a tank barge must be “under the direction and control of a pilot licensed under section 7101” when underway, except on the high seas.”

Int'l Ass'n of Indep. Tanker Owners v. Lowry, 947 F. Supp. 1484 (W.D. Wash. 1996). “Intertanko also asserts that WAC 317-21-200(1), which requires that the navigation watch include two or three licensed deck officers, one of whom “may be a state-licensed” pilot, conflicts with 46 U.S.C. § 8502 , which permits the use of federal pilots on United States tankers…”

Bruch v. U.S. Coast Guard, 736 F. Supp. 634 (E.D. Pa. 1990). “The facts of the underlying litigation 1 are that plaintiffs were each cited for violations of 46 U.S.C. § 8502 , which requires that a “coastwise seagoing vessel” be under the control of a pilot licensed pursuant to 46 U.”

Leson v. State, 864 P.2d 384 (Wash. Ct. App. 1994). “§ 8502 (c) prohibits a state from requiring a federally licensed pilot to procure a state license, or "adopt any other regulation that will impede the pilot in the performance of the pilot's duties under the laws of the United States." 4 Penalties were imposed under former RCW…”

Bruch v. U.S. Coast Guard, 749 F. Supp. 688 (E.D. Pa. 1990). “Plaintiffs were specifically charged with violations of 46 U.S.C. § 8502 . Each was issued a citation.”

Hochstetler v. Bd. of Pilot Commissioners, 1992 A.M.C. 2367 (Cal. Ct. App. 1992). “§ 364 , recodified as present 46 U.S.C. § 8502 .) As to registered vessels sailing between the United States and foreign ports, the states retain the power to require that the pilots of these vessels have a valid state license.”

Wood v. Amerada Hess Corp., 845 F. Supp. 130 (S.D.N.Y. 1994). “46 U.S.C. § 8502 (a) (emphasis added). It should be noted that the term “coastwise” (the meaning of which, as will be made clear, is at the heart of this dispute) is nowhere generally defined in the statutes governing shipping.”

Untitled New York Attorney Gen. Opinion (N.Y. Att'y Gen. 2016). “46 U.S.C. § 8502 (a); see also Huus v. New York & Porto Rico Steamship Co.”

— 46 U.S.C. § 8502(a) — 1 case

Am. Pilots' Ass'n v. Gracey, 631 F. Supp. 827 (D.D.C. 1986). “Pursuant to 46 U.S.C.A. § 8502 (a) (1985), a coastwise seagoing vessel such as a tank barge must be “under the direction and control of a pilot licensed under section 7101” when underway, except on the high seas.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.