REVISERS' NOTE This chapter consists entirely of the Act of June 30, 1960, P.L. 86555, 74 Stat. 259, which by its terms was administered by the Secretary of Commerce. By the Department of Transportation Act, P.L. 89-670, 80 Stat. 931, all functions, powers and duties under the 1960 Act were transferred to the Secretary of Transportation. The Secretary of Transportation assigned responsibility for its administration to the Coast Guard. Adjustment of language to accommodate these changes is desirable. A separate chapter in the Revision deals with Great Lakes Pilotage. The original Act and the present U.S. Code provisions identify certain functions as Coast Guard functions (see 46 U.S.C. 216b (c), 216e and 216f) and distinguishes them from the others covered by the Act. The distinction has lost most of its meaning and adjustment of terms would be necessary regardless of the preparation of this Revision. § 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 Commerce. (c) "United States registered pilot" means a person, other than a member of the regular complement of a vessel, who holds an unlimited master's license authorizing navigation on the Great Lakes and suitably endorsed for pilotage on routes specified therein, issued by the head of the Department in which the Coast Guard is operating under regulations issued by him, and is registered by the Secretary as provided in section 216b of this title. (d) "Canadian registered pilot" means a person, other than a member of the regular complement of a vessel, who holds a master's certificate or equivalent 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 head of the Department in which the Coast Guard is operating under regulations issued by him 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 predominately 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. REVISERS' NOTE Definitions (a), (c) and (d) are retained with slight changes in phraseology in a separate definition section of the Revision's "Great Lakes Pilotage" chapter. Definition (b) has been superseded by the Department of Transportation Act and is covered in the Revision's "General" chapter. Definition (e), "Other officer," describes the qualifications of one class of persons authorized to pilot vessels in "Nondesignated" waters. It is placed with the list of other persons so authorized. Definition (f), "Foreign vessels," is actually a provision which accords the same treatment to Canadian Great Lakes vessels as is accorded to U.S. Great Lakes vessels and is conditioned by section 216g (c) upon Canadian reciprocity. The two provisions are combined and placed together with other terms of application in the Revision. (a) Revision's 15001 (1). (d) Revision's 15001 (3). (e) Revision's 15002 (b) (C). (f) Revision's 15002 (e). DISPOSITION § 216a. Pilot requirement-Registered pilots for designated waters. (a) 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. Registered pilots or other qualified officers for nondesignated waters. (b) 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. Canadian reciprocity. (c) 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. REVISERS' NOTE This section sets forth the compulsory pilotage requirements that are the basis for the entire chapter. They are retained in a separate section of the Revision with slight changes in phraseology to conform to the format of the Revision. The definition of "other officer" from the preceding section is incorporated into the requirements applicable on "nondesignated" waters. Also included in the Revision's section with the above provisions are those provisions dealing with Canadian reciprocity and exceptions to compulsory pilotage. (a) Revision's 15002 (a). (b) Revision's 15002(b). (c) Revision's 15002 (c). DISPOSITION § 216b. Registration of United States pilots-Qualifications, terms and conditions. (a) 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 a holder of an appropriate master's license as described in section 216(c) of this title. In addition, the qualifications, terms, and conditions to be met by each applicant shall include, but not be limited to, availability for service when required and agreement to comply with all applicable regulations issued by the Secretary pursuant to this chapter. Such qualifications, terms, and conditions shall not include matters relating to a pilot's professional competency nor be inconsistent with his duties under the license issued to him by the Coast Guard, which matters shall remain the responsibility of the Coast Guard. Documentary evidence. (b) 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 license. Duration; revocation or suspension. (c) 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 registration shall not extend to or include matters which may be the basis for revocation or suspension of his license by the Coast Guard under Section 239 of this title, or under any other law or regulation administered or prescribed by the Coast Guard, except that upon revocation or suspension by the Coast Guard the Secretary shall revoke or suspend the pilot's registration. The Secretary shall advise the Coast Guard of the name and Coast Guard license number of each pilot who has been registered or whose registration has been revoked or suspended. The Coast Guard shall advise the Secretary of the name of any registered pilot whose license has been revoked or suspended. Equitable participation of United States and Canadian pilots. (d) The Secretary is authorized to enter into arrangements with an appropriate agency of Canada for equitable participation by United States registered pilots with Canadian registered pilots in the pilotage services required by both countries for vessels navigating the Great Lakes. To that end, the Secretary is further authorized to arrange with an appropriate agency of Canada for the number of pilots who shall be registered in each country. Pools for pilotage services. (e) Notwithstanding the provisions of any other law, the Secretary may authorize the formation of a pool or pools by a voluntary assoceiation or associations of United States registered pilots to provide such arrangements and facilities as may be necessary or desirable for the efficient dispatching of vessels and rendering of pilotage services required under the provisions of this chapter. The Secretary may (i) establish such rules and regulations for the operation of a pool or pools as he may deem necessary; (ii) require that pooling be coordinated on a reciprocal basis with similar arrangements established by the appropriate agency of Canada: (iii) limit the number of pools; (iv) audit and inspect the administration and operation of a pool or pools; (v) prescribe uniform systems of accounts for a pool or pools. REVISERS' NOTE The first three subsections relate to the duties and the authorities vested in the Secetary to establish and maintain a body of qualified U.S. Great Lakes pilots. Other provisions in sections 216c and 216h also relate to those duties and authorities of the Secretary. They are consoldated in a single section in the Revision dealing with pilot registration. The fourth subsection relates to bilateral agreements with Canada as do sections 216c (b), and 216d. These provisions are consolidated in a single section dealing with "Agreements with Canada." The fifth subdivision relates to associations of pilots or "pools." It is placed in a separate section in the Revision except for item (ii) which is placed with "Agreements with Canada" provisions. (a) Revision's 15003 (1). (b) Revision's 15003 (2). DISPOSITION (c) Duration in 15003 (3) and suspension and revocation in 15003 (5). (d) Revision's 15005 (1) and (2). (e) All except (ii) in 15004; (ii) in 15005 (4). § 216c. Rates, charges, conditions and terms for services-Regulations. (a) The Secretary is authorized and directed to establish by regulations the rates, charges, and any other conditions or terms for services performed by registered pilots to meet the provisions of this chapter. Joint provisions. (b) The Secretary is authorized to arrange with the appropriate agency of Canada for the establishment of joint or identical rates, charges, and any other conditions or terms for services by registered pilots in the waters of the Great Lakes. Basis of determination. (c) The rates, charges, and any other conditions or terms for pilotage services by registered pilots established by the Secretary in accordance with subsections (a) and (b) of this section shall be fair and equitable, giving due consideration to the public interest and the reasonable cost and expense of providing and maintaining such facilities and arrangements as are required for the efficient performance of pilotage services in accordance with the provisions of this chapter. REVISERS' NOTE The first and third subsections relate to the Secretary's authority with respect to pilotage service and are consolidated with similar provisions from the preceeding section. The second subsection is also related to the Secretary's authority with respect to pilotage services but more importantly it contains authority to enter into agreements with Canada. It is combined with similar "agreement" provisions in the Revision. DISPOSITION (a) Revision's 15003 (4) and (6). (b) Revision's 15005 (3) and (5). (c) Revision's 15003 (6). § 216d. Arrangements between United States and Canada subject to concurrence of Secretary of State. Any written arrangements between the Secretary and the appropriate agency of Canada under the provisions of this chapter shall be subject to concurrence of the Secretary of State. REVISERS' NOTE The provisions of this section are combined with others relating to "Agreements with Canada." Revision's 15005. DISPOSITION § 216e. Violations; civil penalties; enforcement. (a) Any owner, master, or person in charge of a vessel subject to this chapter who permits the navigation of the vessel by a person not a registered pilot in the waters designated by the President pursuant to section 216a (a) of this title or who permits the navigation of the vessel without having on board a registered pilot or other officer in the waters described in section 216a (b) of this title shall be liable to the United States in a civil penalty not exceeding $500 for each viola |