CODIFICATION

R.S. § 4290 derived from act June 7, 1872, ch. 322, $58, 17 Stat. 275.

The section was amended by act Feb. 27, 1877, by striking out, at the end of the last line of paragraph "Second," the word "thirty," and inserting in lieu thereof the word "ninety-seven."

It was further amended by act Feb. 14, 1900, by adding paragraph "Twelfth."

EFFECTIVE DATE OF 1900 AMENDMENT

Section 2 of act Feb. 14, 1900, provided that this section shall be effective 60 days after its passage.

CROSS REFERENCES

Record made in regular course of business, see section 1732 of Title 28, Judiciary and Judicial Procedure. Waiver of compliance with navigation and vessel inspection laws for war purposes, see note preceding former section 1 of this title.

§ 202. Mode of making entries

Every entry required to be made in the official log book shall be signed by the master and by the mate, or some other one of the crew, and every entry in the official log book shall be made as soon as possible after the occurrence to which it relates, and, if not made on the same day as the occurrence to which it relates, shall be made and dated so as to show the date of the occurrence, and of the entry respecting it; and in no case shall any entry therein, in respect of any occurrence happening previously to the arrival of the vessel at her final port, be made more than twenty-four hours after such arrival. (R.S. § 4291.)

CODIFICATION

R.S. § 4291 derived from act June 7, 1872, ch. 322, $59, 17 Stat. 276.

8203. Penalty for omitting entries

If in any case the official log book is not kept in the manner required, or if any entry directed to be made in any such log book is not made at the time and in the manner directed, the master shall, for each such offense, be liable to a penalty of not more than $25; and every person who makes, or procures to be made, or assists in making, any entry in any official log book in respect of any occurrence happening previously to the arrival of the vessel at her final port of discharge, more than twenty-four hours after such arrival, shall, for each offense, be liable to a penalty of not more than $150.

(R.S. § 4292.)

R.S. § 4237 derived from act July 13, 1866, ch. 177, 14 Stat. 93.

§ 214. Federal licenses for pilots of steam vessels (a) Establishment of eligibility requirements by Secretary

The Secretary of the department in which the Coast Guard is operating shall, in accordance with subsection (b) of this section, estab

lish eligibility requirements for the issuance of a Federal license to pilot any steam vessel.

(b) Qualifications

No person may be issued a Federal license to pilot any steam vessel unless he

(1) is at least twenty-one years of age;

(2) is of sound health and has no physical limitations which would hinder or prevent the performance of a pilot's duties;

(3) agrees to have a thorough physical examination each year while holding such license;

(4) demonstrates, to the satisfaction of the Secretary, that he possesses the requisite general knowledge and skill to hold such license; (5) demonstrates proficiency in the use of electronic aids to navigation;

(6) maintains adequate knowledge of the waters to be navigated and knowledge of regulations for the prevention of collisions in such waters;

(7) has sufficient experience, as determined by the Secretary, to evidence his ability to handle any vessel of the type and size which he may be authorized to pilot; and

(8) meets any other requirement which the Secretary considers reasonable and necessary. (c) Term; reapplication

No Federal license to pilot a steam vessel shall be valid for a term longer than five years. Upon expiration of any such license, the holder may reapply for an additional term and may be reissued a license if he meets the requirements specified under subsection (b) of this section. (R.S. § 4442; May 28, 1896, ch. 255, § 2, 29 Stat. 188; Oct. 22, 1914, ch. 334, 38 Stat. 765; Oct. 17, 1978, Pub. L. 95-474, § 4, 92 Stat. 1479.)

CODIFICATION

R.S. § 4442 derived from acts Feb. 28, 1871, ch. 100, § 18, 16 Stat. 447; Apr. 17, 1874, ch. 107, 18 Stat. 30. Upon incorporation into the Code the words "five years" were substituted for "one year" to conform to act May 28, 1896, as amended by act Oct. 22, 1914. See section 225 of this title.

AMENDMENTS

1978-Pub. L. 95-474 substituted provision authorizing the Secretary of the department in which the Coast Guard is operating to establish eligibility requirements for issuance of Federal licenses for pilots of steam vessels, providing qualification standards for applicants, and permitting reapplication for a license for provision authorizing the Coast Guard to examine applicants and if found acceptable to issue licenses and to suspend or revoke licenses if pilots are found negligent, unskillful, inattentive to duties, or in willful violation of title 52 of the Revised Statutes.

TRANSFER OF FUNCTIONS

For transfer of functions of inspectors, see sections 101 to 104 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title, Reorg. Plan No. 26 of 1950, set out in the Appendix to Title 5, Government Organization and Employees, and section 108 of Title 49, Transportation.

CROSS REFERENCES

Denial or revocation of seaman's document, narcotics violations, see sections 239a and 239b of this title.

§ 215. State regulations as to licenses of pilots of steam vessels and pilot charges

No State or municipal government shall impose upon pilots of steam vessels any obligation to procure a State or other license in addition to that issued by the United States, or any other regulation which will impede such pilots in the performance of the duties required by title 52 of the Revised Statutes; nor shall any pilot charges be levied by any such authority upon any steamer piloted as provided by title 52 of the Revised Statutes; and in no case shall the fees charged for the pilotage of any steam vessel exceed the customary or legally established rates in the State where the same is performed. Nothing in title 52 of the Revised Statutes shall be construed to annul or affect any regulation established by the laws of any State, requiring vessels entering or leaving a port in any such State, other than coastwise steam vessels, to take a pilot duly licensed or authorized by the laws of such State, or of a State situate upon the waters of such State. (R.S. § 4444.)

REFERENCES IN TEXT

Title 52 of the Revised Statutes, referred to in text, consists of R.S. §§ 4399 to 4500, which are classified to sections 170, 214, 215, 222, 224, 224a, 226, 228, 229, 230 to 234, 239, 240, 361, 362, 364, 371 to 373, 375 to 382, 384, 385, 391, 391a, 392 to 394, 399 to 404, 405 to 416, 435 to 440, 451 to 453, 460, 461 to 463, 464, 466, 467 to 482, and 489 to 498 of this title. For complete classification of R.S. §§ 4399 to 4500 to the Code, see Tables.

Page 67

Sec.

216f.

216g.

216h.

216i.

§ 216. Definitions

As used in this chapter:

(a) "Great Lakes" means Lakes Superior, Michigan, Huron, Erie, and Ontario, their connecting and tributary waters, the Saint Lawrence River as far east as Saint Regis, and adjacent port areas.

(b) "Secretary" means the Secretary of Transportation.

(c) "United States registered pilot" means a person, other than a member of the regular complement of a vessel, who holds a license authorizing navigation on the Great Lakes and suitably endorsed for pilotage on routes specified therein, issued under the authority of the provisions of title 52 of the Revised Statutes, and who is registered by the Secretary under the provisions of section 216b of this title.

a

(d) "Canadian registered pilot" means person, other than a member of the regular complement of a vessel, who holds an appropriate license authorizing navigation on the Great Lakes and pilotage on routes specified therein, issued by the appropriate agency of Canada, and is registered by a designated agency of Canada on substantially the same basis as registration by the Secretary under the provisions of section 216b of this title.

(e) "Other officer" means the master or any other member of the regular complement of the vessel concerned who is qualified for the navigation of the Great Lakes waters described in section 216a(b) of this title and who is either licensed by the Secretary or certificated by an appropriate agency of Canada.

(f) "Foreign vessels" means all foreign merchant vessels except Canadian vessels whose operations are exclusively upon the Great Lakes or between ports in the Great Lakes and the St. Lawrence River, or whose operations while predominantly as aforesaid fail of being exclusively so only because of an occasional voyage to a port or ports in the maritime provinces of Canada in the Canadian coastal trade. Pub. L. 86-555, § 2, June 30, 1960, 74 Stat. 259; Pub. L. 95-455, § 1(1)-(4), Oct. 13, 1978, 92 Stat.

1228.)

REFERENCES IN TEXT

Title 52 of the Revised Statutes, referred to in subsec. (c), consists of R.S. §§ 4399 to 4500, which are classified to sections 170, 214, 215, 222, 224, 224a, 226, 228, 229, 230 to 234, 239, 240, 361, 362, 364, 371 to 373, 375 to 382, 384, 385, 391, 391a, 392 to 394, 399 to 404, 405 to 416, 435 to 440, 451 to 453, 460, 461 to 463, 464, 466, 467 to 482, and 489 to 498 of this title. For complete classification of R.S. §§ 4399 to 4500 to the Code,

see Tables.

AMENDMENTS

1978-Subsec. (b). Pub. L. 95-455, § 1(1), substituted "Secretary of Transportation" for "Secretary of Commerce". For prior transfer of functions, see Transfer of Functions note below.

Subsec. (c). Pub. L. 95-455, § 1(2), deleted requirement that license held by a United States registered pilot be an unlimited master's license and substituted requirement that the license be issued under the authority of the provisions of title 52 of the Revised Statutes for requirement that the license be issued by the head of the Department in which the Coast Guard is operating under regulations issued by him.

Subsec. (d). Pub. L. 95-455. § 1(3), substituted requirement that license held by a Canadian registered pilot be an appropriate license authorizing navigation on the Great Lakes for requirement that such a license be a master's certificate or the equivalent.

Subsec. (e). Pub. L. 95-455, § 1(4), substituted provision authorizing licensing of other officers by the Secretary of Transportation for provision authorizing such licensing by the head of the Department in which the Coast Guard is operating under regulations issued by him.

EFFECTIVE DATE

Section 13 of Pub. L. 86-555 provided that: "This Act [enacting this chapter] shall become effective upon the date of its enactment [June 30, 1960], except that the pilotage provisions of this Act shall not become effective until the first day of the fourth month following the issuance of regulations pursuant hereto by the Secretary."

SHORT TITLE

Section 1 of Pub. L. 86-555 provided: "That this Act [enacting this chapter] may be cited as the Great Lakes Pilotage Act of 1960'."

SEPARABILITY OF PROVISIONS

Section 12 of Pub. L. 86-555 provided that: "If a provision of this Act [enacting this chapter] or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby."

TRANSFER OF FUNCTIONS

Functions of Secretary of Commerce under this chapter were transferred to Secretary of Transportation by Pub. L. 89-670, § 6(a)(4), Oct. 15, 1966, 80 Stat. 938, which was classified to section 1655(a)(4) of the Appendix to Title 49, Transportation, and was repealed by Pub. L. 97-449, § 7(b), Jan. 12, 1983, 96 Stat. 2444.

§ 216a. Pilot requirement

(a) Registered pilots for designated waters

The President shall designate and by proclamation announce those United States waters of the Great Lakes in which registered vessels of the United States and foreign vessels shall be required to have in their service a United States registered pilot or a Canadian registered pilot for the waters concerned, who shall, subject to the customary authority of the master, direct the navigation of the vessel in those waters. These designations shall be made with due regard to the public interest, the effective utilization of navigable waters, marine safety, and the foreign relations of the United States.

(b) Registered pilots or other qualified officers for nondesignated waters

In those United States waters of the Great Lakes which are not designated by the President in accordance with subsection (a) of this section, there shall be on board registered vessels of the United States and foreign vessels, a United States registered pilot or Canadian registered pilot or other officer qualified for the waters concerned who shall be available to direct the navigation of the vessel in such undesignated waters at the discretion of and subject to the customary authority of the master.

(c) Canadian reciprocity

The authority extended in subsections (a) and (b) of this section to Canadian registered pilots or to other officers certificated by Canada to serve on registered vessels of the United States and foreign vessels in United States waters of the Great Lakes shall be in effect only so long as Canada extends reciprocity to United States registered pilots or to other officers licensed by the United States, in regard to requirements established for the pilotage of Canadian waters of the Great Lakes.

(Pub. L. 86-555, § 3, June 30, 1960, 74 Stat. 259.) PROC. NO. 3385. DESIGNATION OF RESTRICTED WATERS Proc. No. 3385, Dec. 22, 1960, 25 F.R. 13681, as amended by Proc. No. 3855, June 10, 1968, 33 F.R. 8535, provided:

WHEREAS, pursuant to section 3(a) of the Great Lakes Pilotage Act of 1960 (Public Law 86-555; 74 Stat. 259) [subsection (a) of this section], the President is directed to designate and by proclamation announce those United States waters of the Great Lakes in which registered vessels of the United States and foreign vessels shall be required to have in their service a United States registered pilot or a Canadian registered pilot for the waters concerned; and

WHEREAS the aforesaid section 3(a) [subsection (a) of this section] provides that these designations shall be made with due regard to the public interest, the effective utilization of navigable waters, marine safety, and the foreign relations of the United States:

NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, acting under and by virtue of the authority vested in me by section 3(a) of the Great Lakes Pilotage Act of 1960 [subsection (a) of this section], do hereby designate and proclaim the following areas in which registered vessels of the United States and foreign vessels shall be required to have in their service a United States registered pilot or a Canadian registered pilot for the waters concerned, on and after the effective date of regulations issued by the Secretary of Transportation pursuant to the Act:

(1) District 1. All United States waters of the St. Lawrence River between the international boundary at St. Regis and a line at the head of the river running (at approximately 127° true) between Carruthers Point Light and South Side Light extended to the New York shore.

(2) District 2. All United States waters of Lake Erie westward of a line running (at approximately 026° true) from Sandusky Pierhead Light at Cedar Point to Southeast Shoal Light; all waters contained within the arc of a circle of one mile radius eastward of Sandusky Pierhead Light; the Detroit River; Lake St. Clair; the St. Clair River, and northern approaches thereto south of latitude 43°05′30′′N.

(3) District 3. All United States waters of the St. Marys River, Sault Sainte Marie Locks and approaches thereto between latitude 45°59'N. at the southern approach and longitude 84°33'W. at the northern approach.

§ 216b. Registration of United States pilots (a) Qualifications, terms, and conditions

The registration of United States pilots shall be carried out by the Secretary under such regulations as to qualifications, terms, and conditions which will assure adequate and efficient pilotage service, provide for equitable participation of United States registered pilots with Canadian registered pilots in the pilotage of vessels to which this chapter applies, and provide fair and reasonable opportunity for registration. Each applicant must, as a prerequisite, be the holder of a license, as a master, mate, or pilot, issued under the authority of the provisions of title 52 of the Revised Statutes, and have acquired at least twenty-four months licensed service or comparable experience on vessels or integrated tugs and tows, of four thousand gross tons or over, operating on the Great Lakes or oceans. Those applicants qualifying with ocean service must have obtained at least six months of licensed service or comparable experience on the Great Lakes. The Secretary may require such experience and training, in addition to the minimum required by this subsection, as he considers necessary. In addition, each applicant shall agree that, if appointed as a United States registered pilot, he will be available for service when required and shall comply with this chapter and all applicable regulations issued by the Secretary pursuant to this chapter.

(b) Documentary evidence

The Secretary shall issue documentary evidence of registration to United States registered pilots and such evidence shall be in their possession at all times when in the service of a vessel. Further, this evidence of registration shall describe the part or parts of the Great Lakes within which the holder is authorized to perform pilotage under this chapter and such description shall not be inconsistent with the terms of the pilotage authorization in his li

cense.

(c) Duration; revocation or suspension

The Secretary shall establish by regulation the period of validity of registration of United States registered pilots. When the Secretary determines on the record, after notice and opportunity for a hearing, that a United States registered pilot has violated any regulation pursuant to this chapter, he may revoke or suspend the registration of such pilot. The basis for such revocation or suspension of a pilot's registra