Current as of: Oct. 2009
(a) A merchant mariner credential issued to a non-resident alien under this subpart authorizes service only in the steward's department of the U.S. flag large passenger vessel(s), that is/are under the same common ownership and control as the foreign flag passenger vessel(s), on which the non-resident alien served to meet the requirements of Sec. 12.40-9(a) of this subpart:
(1) The merchant mariner credential will be endorsed for service in the steward's department in accordance with Sec. 12.25-10 of this part;
(2) The merchant mariner credential may also be endorsed for service as a food handler if the applicant meets the requirements of Sec. 12.25-20 of this part; and
(3) No other rating or endorsement is authorized, except lifeboatman, in which case all applicable requirements of this subchapter and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention), and the Seafarers' Training, Certification and Watchkeeping Code (STCW Code), must be met.
(b) The following restrictions must be printed on the merchant mariner credential, or listed in an accompanying Coast Guard letter, or both:
(1) The name and official number of all U.S. flag vessels on which the non-resident alien may serve. Service is not authorized on any other U.S. flag vessel;
(2) Upon issuance, the merchant mariner credential must remain in the custody of the employer at all times;
(3) Upon termination of employment, the merchant mariner credential must be returned to the Coast Guard within 10 days in accordance with Sec. 12.40-7 of this subpart;
(4) A non-resident alien issued a merchant mariner credential under this subpart may not perform watchstanding, engine room duty watch, or vessel navigation functions; and
(5) A non-resident alien issued a merchant mariner credential under this subpart may perform emergency-related duties provided:
(i) The emergency-related duties do not require any other rating or endorsement, except lifeboatman as specified in paragraph (a)(3) of this section;
(ii) The non-resident alien has completed familiarization and basic safety training as required in Sec. 15.1105 of this subchapter;
(iii) That if the non-resident alien serves as a lifeboatman, he or she must have the necessary lifeboatman's endorsement; and
(iv) The non-resident alien has completed the training for crewmembers on passenger ships performing duties involving safety or care for passengers, as required in subpart 12.35 of this part.
(c) A non-resident alien may only serve for an aggregate period of 36 months actual service on all authorized U.S. flag large passenger vessels combined under the provisions of this subpart:
(1) Once this 36-month limitation is reached, the merchant mariner credential becomes invalid and must be returned to the Coast Guard under Sec. 12.40-7(d) of this subpart, and the non-resident alien is no longer authorized to serve in a position requiring a merchant mariner credential on any U.S. flag large passenger vessel; and
(2) An individual who successfully adjusts his or her immigration status to that of an alien lawfully admitted for permanent residence to the United States or who becomes a United States citizen may apply for a merchant mariner credential, subject to the requirements of Sec. 10.221 of this subchapter, without any restrictions or limitations imposed by this subpart.________________________________________________________________________
State Laws: Watercraft| Alabama | Alabama Code > Title 33 > Chapter 5 - Registration And Operation Of Vessels | | Alabama Code > Title 33 > Chapter 6 - Discharge Of Litter And Sewage From Watercraft | | Alabama Code > Title 33 > Chapter 6A - Recreational Vessel And Residence Boat Sewage Discharges Regulated | | Alaska | Alaska Statutes Chapter 05.25 - Watercraft | | Alaska Statutes Chapter 30.30 - Abandoned And Derelict Vessels | | Arizona | Arizona Laws > Title 5 > Chapter 3 - Boating And Water Sports | | California | California Harbors and Navigation Code > Division 3 - Vessels | | California Harbors and Navigation Code > Division 4 - Masters, Crews And Cargoes | | California Harbors and Navigation Code > Division 5 - Pilots For Monterey Bay And The Bays Of San Francisco, San Pablo, And Suisun | | Connecticut | Connecticut General Statutes > Title 15 > Chapter 268 - Boating | | Delaware | Delaware Code Title 23 > Chapter 21 - Motorboats | | Delaware Code Title 23 > Chapter 22 - Boating Safety | | Delaware Code Title 23 > Chapter 23 - Operation Of A Vessel Or Boat While Under The Influence Of Intoxicating Liquor And/Or Drugs | | Delaware Code Title 23 > Chapter 24 - Exemptions From Civil Liability For Rendering Vessel Traffic Information Services | | Florida | Florida Statutes > Title XXIV - Vessels | | Florida Regulations Chapter 61B-60 - Yacht and Ship Brokers | | Florida Regulations > Division 68D - Vessel Registration and Boating Safety | | Idaho | Idaho Code Title 67 > Chapter 70 - Idaho Safe Boating Act | | Illinois | Illinois Compiled Statutes > 625 ILCS 45 - Boat Registration and Safety Act | | Indiana | Indiana Code > Title 9 > Article 31 - Watercraft Titling And Registration | | Indiana Code > Title 25 > Article 28 - Boat Pilots | | Kansas | Kansas Statutes > Chapter 32 > Article 11 - Boating And Water Activities | | Maine | Maine Revised Statutes > Title 10 > Chapter 204-B - Watercraft Manufacturers, Distributors And Dealers | | Maine Revised Statutes > Title 10 > Chapter 212-A - Maine Marina And Boatyard Storage Act | | Maine Revised Statutes > Title 10 > Chapter 627 - Vessels | | Maine Revised Statutes > Title 12 > Chapter 935 - Watercraft And Airmobiles | | Maine Revised Statutes Title 23 > Chapter 412 - Waterborne Transportation | | Massachusetts | Massachusetts General Laws > Part I > Title XIV > Chapter 90B - Motorboats And Other Vessels | | Michigan | Michigan Laws > Chapter 123 > Act 68 of 1957 - Regulation Of Houseboats | | Michigan Laws > Chapter 445 > Act 88 of 1989 - Watercraft And Outboard Motor Manufacturers, Distributors, And Dealers | | Minnesota | Minnesota Statutes Chapter 86B - Water Safety, Watercraft, and Watercraft Titling | | Missouri | Missouri Laws > Title XIX > Chapter 306 - Watercraft Regulation and Licensing--State Water Patrol | | Nevada | Nevada Revised Statutes > Chapter 488 - Watercraft | | New Hampshire | New Hampshire Revised Statutes > Chapter 270-A - Use Of Houseboats | | New Hampshire Revised Statutes > Chapter 270-B - Abandoned Boats | | New Hampshire Revised Statutes > Chapter 270-D - Boating And Water Safety On New Hampshire Public Waters | | New Hampshire Revised Statutes > Chapter 270-E - Vessel Registration And Numbering | | New Mexico | New Mexico Statutes Chapter 66 > Article 12 - Boating | | New Mexico Statutes Chapter 66 > Article 13 - Boating While Intoxicated | | New York | New York Laws - General Business > Article 38 - Vessel Dealer Agreements | | New York | New York Laws > General Business > Article 38 - Vessel Dealer Agreements | | North Carolina | North Carolina General Statutes Chapter 75A - Boating and Water Safety | | North Dakota | North Dakota Code > Chapter 20.1-13 - Boating Regulation | | North Dakota Code > Chapter 20.1-13.1 - Intoxication Testing of Boat Operators | | North Dakota Code > Chapter 20.1-17 - Aquatic Nuisance Species | | Ohio | Ohio Code > Title 15 > Chapter 1547 - Watercraft And Waterways | | Ohio Code > Title 15 > Chapter 1548 - Watercraft Certificates Of Title | | Ohio Code > Title 45 > Chapter 4585 - Actions Relating To Watercraft | | Oregon | Oregon Statutes > Title 61 - Small Watercraft | | Rhode Island | Rhode Island General Laws > Chapter 46-8. Registration of Outboard Motors | | Rhode Island General Laws > Chapter 46-9. Pilots – Rhode Island Sound, Narragansett Bay, Sakonnet River, and Tributaries | | Rhode Island General Laws > Chapter 46-9.1. Pilots–Block Island Sound | | Rhode Island General Laws > Chapter 46-22. Regulation of Boats | | Rhode Island General Laws > Chapter 46-22.1. Uniform Boat Title Act | | Rhode Island General Laws > Chapter 46-22.2. Alcohol Boating Safety Act | | Rhode Island General Laws > Chapter 46-27. Personal Watercraft Safety Act | | South Carolina | South Carolina Code > Title 29 > Chapter 9 - Liens On Ships And Vessels | | South Carolina Code > Title 50 > Chapter 21 - Equipment And Operation Of Watercraft | | South Carolina Code > Title 50 > Chapter 23 - Watercraft And Outboard Motors | | South Carolina Code > Title 50 > Chapter 25 - Boating And Surfing At Particular Localities | | South Dakota | South Dakota Laws > Title 32 > Chapter 03A - Title, Registration And Taxation Of Boats | | South Dakota Laws > Title 32 > Chapter 07B - Regulation Of Boat Dealers | | South Dakota Laws > Title 42 > Chapter 8 - Watercraft | | Tennessee | Tennessee Code > Title 69 > Chapter 9 - Boating Regulation | | Texas | Texas Civil Statutes > Title 132 > Chapter 19 - Boat Or Motor Manufacturers, Distributors, And Dealers | | Utah | Utah Code > Title 73 > Chapter 18 - State Boating Act | | Utah Code > Title 73 > Chapter 18 - Boating - Litter and Pollution Control | | Utah Code > Title 73 > Chapter 18 - Water Safety | | Utah Code > Title 73 > Chapter 18 - Financial Responsibility of Motorboat Owners and Operators Act | | Vermont | Vermont Statutes > Title 25 > Chapter 1 - Operation of Vessels | | Virginia | Virginia Code Title 29.1 > Chapter 7 - Boating Laws | | Virginia Code Title 29.1 > Chapter 8 - Watercraft Dealer Licensing Act | | Virginia Code Title 62.1 > Chapter 18 - Protection of Aids to Navigation | | Wisconsin | Wisconsin Statutes > Chapter 30 > Subchapter V - Regulation Of Boating |
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