USCG Policies and Guidelines
Cover key aspects of U.S. Coast Guard maritime regulations: Boundary Lines along coastlines for inland and offshore waters, exemptions in Gulf of Mexico navigational corridors, military sea service for captain’s license eligibility, vessel tonnage guidelines, the impact of court convictions on licenses, and mandatory drug testing and medical standards for license issuance and renewal.
These topics illustrate the comprehensive regulatory framework governing U.S. maritime activities.
Boundary Lines
The Boundary Line serves as a critical delineation along U.S. coastlines, marking the separation between inland and offshore waters for various regulatory purposes. Defined under 46 CFR Part 7, it generally follows the high water shoreline but extends across entrances to bays, inlets, and harbors. Exceptions exist, such as a 12-nautical-mile offshore boundary in the Gulf of Mexico and irregular distances off New England.
These U.S. Coast Guard rule distinctions are crucial for maritime operations, affecting vessel load line requirements and navigational rules.
Sea Service Credit in the Gulf of Mexico
The Gulf of Mexico features distinct divisions concerning where non-load line vessels can navigate along its coastline. Between the Marquesas Keys, FL, and the Rio Grande River mouth, TX, there exists a 12-navigational-mile-wide coastwise marine corridor aligned with the Territorial Sea boundary on nautical charts. This corridor permits vessels to operate without requiring load line compliance.
Additionally, Congress has extended this exemption along Florida's western coast, expanding the corridor to 15 nautical miles offshore between Crystal Bay and Hudson Creek.
These U.S. Coast Guard maritime regulations establish clear guidelines for boaters in the Gulf, ensuring adherence to boundaries and promoting safety during marine activities.
Military Sea Services
Military sea service can count towards your captain’s license, typically at a rate of 60% credit per qualifying day served aboard a military vessel. This service must be relevant to the type of license being applied for, and proof can include an official transcript of military sea service, a certified history of assignments, or a certified statement of creditable sea service.
A DD 214 alone is usually insufficient as evidence of sea service time.
It's essential that the military service was performed in a capacity applicable to the license sought, ensuring that the accumulated sea time meets the specific requirements for certification.
Tonnage Guidelines
The Tonnage Guide 1, dated February 10, 2009, outlines the Simplified Measurement system in relation to other tonnage measurement systems available. It specifies the eligibility criteria for vessels opting for Simplified measurement, clarifies its role in vessel documentation processes, identifies the responsible Coast Guard offices, and details the method for calculating Simplified tonnage.
The maritime guideline is intended for vessel builders, brokers, owners, mortgage companies, and the public. It provides clarity on gross and net tonnage as reflected in a vessel's Certificate of Documentation (COD). It distinguishes these from displacement tonnage, emphasizing their significance in vessel regulation and financial assessments.
The guide also differentiates between the international Convention system and the U.S. Regulatory system, which includes the Standard, Dual, and Simplified subsets, each serving specific vessel types and regulatory purposes.
Court Convictions
When applying for a captain's license, particularly the Six-Pack or Master's licenses, it's crucial to disclose any convictions, as the U.S. Coast Guard defines a conviction broadly. This includes guilty verdicts or pleas in courts of record for criminal felonies, misdemeanors, or offenses specified in the National Driver Register Act.
Even if an offense is later expunged, the Coast Guard may still consider it if the initial judgment was not deemed erroneous.
Background checks are mandatory and will uncover any past convictions, regardless of expungement. Failure to disclose a conviction can lead to serious consequences, including potential denial of the license and legal repercussions.
Specific U.S. Coast Guard rules and guidelines for assessing the impact of convictions on license eligibility are detailed in 46 CFR 10.211 and 10.213, which outline assessment periods and the disclosure requirements regarding driving offenses like DUIs or reckless driving within the last three years.
Full transparency is essential, as attempting to conceal any past issues can complicate the licensing process further.
Drug Testing
For all U.S. Coast Guard captain's licenses except endorsements, duplicates, and STCW certificates, a drug test is mandatory. This requirement applies to licenses such as OUPV/Six-Pack and 25/50 or 100-Ton Masters. The drug test specifically uses a DOT 5 Panel (formerly NIDA 5) screening for marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines. Even if an individual possesses a medical marijuana card in a state where it is legal, federal law requires a negative test result for marijuana to obtain or renew a captain’s license.
Failing or not completing the drug test results in disqualification from receiving a captain’s license, with potential further repercussions and the possibility of a Suspension and Revocation hearing before a federal Administrative Law Judge for mariners.
Medical Disqualifiers
To obtain a captain’s license, U.S. Coast Guard rules specify that applicants must meet stringent medical standards to ensure they can safely perform their duties at sea. The process includes a mandatory physical examination using Form CG-719K, where conditions such as cardiac disease, diabetes, psychiatric disorders, sleep apnea, and chronic use of narcotics are top disqualifiers.
The examination assesses overall physical fitness, hearing, and speech and ensures that no medical conditions or medications impair the mariner’s ability to handle routine or emergency duties safely.
While certain medical conditions like controlled sleep apnea or stable heart conditions may not automatically disqualify applicants, they require specific documentation and sometimes additional evaluations or waivers from the Coast Guard’s National Maritime Center (NMC).
The medical certificate issued by the Coast Guard serves as proof that a mariner meets these rigorous standards, crucial for ensuring maritime safety.
Guidance for Determination of User's Fees
The policy letter from the Commanding Officer of the National Maritime Center outlines guidelines for determining user fees related to the issuance of merchant mariner licenses, certificates of registry (COR), and merchant mariner documents (MMD).
Revisions to regulations in Title 46 CFR Sections 10.109 and 10.110 updated fee structures, affecting transactions such as original issuances, raises of grade, upgrades, and endorsements for licenses and MMDs.
Specific criteria are provided for evaluation fees, examination fees, and issuance fees, ensuring clarity on when fees are applicable based on the nature and combination of transactions. The letter emphasizes adherence to federal guidelines for evaluating and charging fees across various mariner licensing processes.