Key Laws at a Glance
These are the statutes most frequently tested on the USCG captain's exam. Know the statute name, the U.S. Code citation, and the core rule for each.
Jones Act
Very High46 U.S.C. § 55102 / 46 U.S.C. § 30104
Cabotage law (coastwise trade must use U.S.-built, U.S.-flagged, U.S.-crewed vessels) + seaman negligence remedy
DOHSA
High46 U.S.C. § 30301
Federal wrongful death remedy for deaths on the high seas (beyond 3 nm); pecuniary damages only
OPA 90
High33 U.S.C. § 2701
Strict liability for oil spills; financial responsibility certificates; spill response plans
MARPOL
High33 U.S.C. § 1901 (APPS)
International anti-pollution treaty; 6 annexes; implemented in U.S. by Act to Prevent Pollution from Ships
Limitation of Liability Act
Medium46 U.S.C. § 30501
Limits owner liability to post-casualty vessel value if no privity or knowledge of fault
Good Samaritan / Duty to Render Aid
Medium46 U.S.C. § 2304
Master has legal duty to render assistance to persons in danger at sea without risk to own vessel
The Jones Act — Merchant Marine Act of 1920
The Jones Act is actually two laws in one: a cabotage statute protecting U.S. shipbuilding and maritime industry, and a seaman protection statute giving injured crew a negligence remedy.
Part 1: Cabotage Requirements
To transport cargo or passengers between U.S. ports (coastwise trade), a vessel must meet all four requirements simultaneously:
Built in the USA
The vessel must have been constructed in a U.S. shipyard.
Owned by U.S. Citizens
75% ownership by U.S. citizens for corporations; sole proprietors must be U.S. citizens.
Flagged in the USA
The vessel must be registered under the U.S. flag.
U.S. Citizen Crew
At least 75% of the crew must be U.S. citizens or permanent residents.
Part 2: Seaman Protections
Negligence Remedy (Jones Act Claim)
- ▸A seaman may sue the employer for negligence resulting in injury
- ▸Only a featherweight showing of causation required (employer's negligence played any part)
- ▸Right to jury trial — unlike general maritime claims
- ▸Seaman status requires: (1) connection to vessel in navigation, and (2) contributing to vessel's function or mission
Maintenance and Cure
- ▸Maintenance = daily living allowance (food & lodging) while recovering
- ▸Cure = all reasonable medical expenses to reach maximum medical improvement (MMI)
- ▸Owed regardless of fault — no negligence showing required
- ▸Ends at MMI even if seaman is not fully recovered
- ▸Willful failure to pay may trigger punitive damages
Unseaworthiness (General Maritime Law)
- ▸Strict liability — no proof of fault needed
- ▸Vessel, equipment, appurtenances, and crew must be reasonably fit for intended purpose
- ▸An unfit crew member can make a vessel unseaworthy
- ▸Applies to seamen only, not passengers
Exam Tip — Jones Act vs. Unseaworthiness
Jones Act negligence requires a showing of fault (employer's negligence), but only a featherweight causal connection. Unseaworthiness is strict liability — no fault required, only that the vessel was not reasonably fit. Both apply only to seamen, not to passengers or harbor workers. Exam questions often ask which theory applies when there is no evidence of fault — the answer is unseaworthiness.
Death on the High Seas Act (DOHSA)
When DOHSA Applies
- ▸Death caused by wrongful act, neglect, or default
- ▸Occurs on the high seas — beyond 3 nautical miles from U.S. shore
- ▸Applies to U.S. and foreign vessels on the high seas
- ▸Suit brought by the personal representative of the deceased
- ▸Beneficiaries: spouse, parent, child, or dependent relative
Damages and Preemption
- ▸Recoverable: pecuniary losses only — loss of support, services, future earnings
- ▸Not recoverable: non-economic damages (pain & suffering, loss of consortium) in most cases
- ▸Federal preemption: DOHSA displaces state wrongful death claims for deaths beyond 3 nm
- ▸Within 3 nm: state wrongful death laws may apply
- ▸Commercial aviation exception: non-economic damages allowed for deaths in international aviation accidents on high seas
Oil Pollution Act of 1990 (OPA 90)
Enacted in response to the March 1989 Exxon Valdez spill, OPA 90 fundamentally restructured U.S. oil spill liability. It established strict liability, dramatically increased liability limits, and required spill response planning.
Strict Liability
Responsible parties (owners, operators, demise charterers) are strictly liable for cleanup costs and damages — no proof of fault required. Liability is joint and several.
Liability Limits
Limits vary by vessel type and size. Limits are raised periodically by regulation. For tank vessels over 3,000 GT: greater of $2,000 per GT or a statutory minimum. Limits are UNLIMITED if gross negligence, willful misconduct, or regulatory violation.
Financial Responsibility
Vessels over 300 GT (and smaller vessels that could cause significant harm) must carry an USCG Certificate of Financial Responsibility (COFR) proving ability to pay up to the liability limit.
Oil Spill Response Plan (OSRP) Requirements
- ▸Required for vessels over 250 barrels of oil as cargo, or any MARPOL vessel in U.S. waters
- ▸Must identify a Qualified Individual (QI) with authority to commit resources
- ▸Must name an Oil Spill Removal Organization (OSRO) under contract
- ▸Must address worst-case discharge scenarios
- ▸USCG must approve or accept the plan before vessel operates
- ▸Annual drills and exercises required to maintain readiness
MARPOL — International Anti-Pollution Convention
MARPOL (International Convention for the Prevention of Pollution from Ships) is implemented in U.S. law by the Act to Prevent Pollution from Ships (APPS), 33 U.S.C. § 1901. Violations can result in criminal prosecution, heavy fines, and vessel detention.
| Annex | Subject | Key Rule | Exam Frequency |
|---|---|---|---|
| Annex I | Oil | 15 ppm rule; Oil Record Book required | High |
| Annex II | Noxious Liquid Substances (NLS) | Categorized A/B/C; discharge restrictions vary by category | Low |
| Annex III | Harmful Substances (packaged) | Labeling, stowage, and quantity restrictions | Low |
| Annex IV | Sewage | No discharge within 3 nm without treatment | Medium |
| Annex V | Garbage | Plastic prohibited worldwide; Garbage Management Plan required | High |
| Annex VI | Air Pollution | SOx/NOx limits; ECA zones require low-sulfur fuel | Medium |
Annex I — Oil: The 15 PPM Rule
- ▸Overboard discharge of oily water is only permitted when oil content does not exceed 15 parts per million (ppm)
- ▸Vessel must be underway and outside special areas (e.g., Antarctic, Gulf of Oman)
- ▸An approved Oil-Water Separator (OWS) with 15 ppm monitor required
- ▸Oil Record Book (ORB) must record every oil transfer and overboard discharge — open to USCG inspection at any time
- ▸Falsifying the ORB is a federal felony
Annex V — Garbage
- ▸Plastic discharge is prohibited everywhere — ocean, rivers, lakes, all waters
- ▸All vessels 12 m or more must have a Garbage Management Plan
- ▸Vessels 100 GT or more and all vessels certified for 15+ passengers must keep a Garbage Record Book
- ▸Food waste: discharge only outside 12 nm (3 nm in some areas with treatment)
- ▸A MARPOL placard must be posted in the galley and machinery space on vessels 26 feet or longer
Port State Control Inspections
Port State Control (PSC) is the authority of a nation to inspect and detain foreign-flagged vessels in its ports to ensure compliance with international conventions (SOLAS, MARPOL, STCW, MLC). In the U.S., the USCG conducts PSC examinations.
What Inspectors Check
- ▸Vessel certificates (SOLAS, MARPOL, Load Line)
- ▸Crew certificates (STCW, Medical, GMDSS)
- ▸Safety equipment (lifeboats, fire systems, EPIRBs)
- ▸Oil Record Book and Garbage Record Book
- ▸Structural condition and watertight integrity
Detention (Deficiency Holds)
If a PSC inspector finds deficiencies that pose a serious hazard to safety, health, or the environment, the vessel can be detained — prohibited from departing port until deficiencies are corrected.
- ▸Non-functioning fire detection system → detention
- ▸Missing or expired lifeboat → detention
- ▸STCW manning deficiency → detention
- ▸Bypassed or tampered oil-water separator → detention + criminal referral
Paris MOU and Tokyo MOU
Port State Control is coordinated through regional memoranda of understanding. The Paris MOU covers European and North Atlantic waters; the Tokyo MOU covers Asia-Pacific. Vessels with repeated deficiency records can be targeted for priority inspection. The U.S. participates in the Tokyo MOU as a Pacific nation.
Vessel Documentation — Certificate of Documentation vs. State Registration
Certificate of Documentation (COD)
- ▸Issued by USCG National Vessel Documentation Center (NVDC)
- ▸Required for vessels 5 net tons or more wholly owned by U.S. citizens if used in: coastwise trade, fisheries, or Great Lakes trade
- ▸Optional (but advantageous) for recreational vessels 5+ net tons
- ▸Documented vessels are exempt from state registration
- ▸Official number must be displayed on the interior of the hull in block numerals at least 3 inches high
- ▸Vessel name and hailing port displayed on hull exterior
- ▸COD must be kept aboard and produced on demand
- ▸Required for recording preferred ship mortgages
State Registration
- ▸Required for all motorized vessels not documented with the USCG
- ▸Registration numbers displayed on both sides of bow (forward of the operator)
- ▸State decal (validation sticker) affixed near registration number
- ▸Registration certificate kept aboard
- ▸Numbers must contrast with hull color; block letters at least 3 inches high with a hyphen or space separating letters from numbers
- ▸State registration numbers cannot be displayed on documented vessels
Endorsement Types on a COD
Coastwise
Must be Jones Act-compliant (U.S.-built, U.S.-flagged, U.S.-owned, U.S.-crewed)
Fisheries
U.S. citizen ownership; may operate in EEZ fisheries
Recreational
Available for 5+ net ton recreational vessels; no Jones Act build requirement
Maritime Liens
A maritime lien is a privileged claim against the vessel itself — it is a property right that travels with the ship and survives sale to a bona fide purchaser without notice (unlike state property liens, which are destroyed by a good-faith purchaser in some states). Liens are enforced in federal admiralty court through an in rem action.
How Maritime Liens Are Created
- ▸By operation of law — no written agreement required
- ▸No recording or registration necessary to be valid
- ▸Arises at the time the service is rendered or the tort occurs
- ▸Enforced by arresting the vessel (in rem); the vessel can be sold
Lien Priority (Highest to Lowest)
Limitation of Liability Act
The Basic Rule
46 U.S.C. § 30501 et seq. allows a vessel owner to limit their total liability for a maritime accident to the post-accident value of the vessel plus pending freight — provided the loss occurred without the owner's privity or knowledge.
- ▸If the vessel sinks and is a total loss, the limitation fund may be near zero
- ▸"Pending freight" = cargo freight charges earned at the time of the casualty
- ▸Owner must file a petition in federal district court to concourse all claims into one limitation proceeding
- ▸All claimants must file their claims in that proceeding
When Limitation is DENIED
- ▸The owner had privity or knowledge of the negligence or unseaworthiness
- ▸Individual vessel owner-operators almost always have privity/knowledge of their own actions — limitation rarely succeeds for individuals
- ▸Corporate owners often can limit because shoreside management had no knowledge of the specific crew error
Exam Context
Exam questions typically test whether the owner can limit liability. The key phrase is "without the privity or knowledge of the owner." If the vessel owner was the operator and was negligent, limitation is usually denied. If a corporation owned the vessel and a crew member (not management) was negligent, limitation may be allowed.
Salvage Law & the Good Samaritan Rule
Elements of a Valid Salvage Claim
Maritime Peril
The vessel or cargo must be in actual danger — not just a theoretical or speculative risk. The danger must be real and substantial.
Voluntary Service
The salvor must act voluntarily — without a pre-existing duty to render service. A vessel's own crew cannot claim salvage for saving their own vessel.
Success (At Least Partial)
Traditional salvage is 'no cure, no pay' — if the vessel is lost, no salvage award. Modern salvage contracts (LOF) may provide a special compensation for environmental protection even without recovery.
Factors Determining Salvage Award
- ▸Value of the property salved
- ▸Degree of danger to the vessel and cargo
- ▸Risk and danger to the salvors and their vessel
- ▸Skill and effort of the salvors
- ▸Success of the salvage operation
- ▸Environmental threat averted (special compensation under LOF)
Good Samaritan Rule — 46 U.S.C. § 2304
The master of a vessel has a legal duty to render assistance to any person in danger at sea — as long as it can be done without serious danger to the rescuing vessel, crew, or passengers.
- ▸Failure to render assistance is a federal criminal offense
- ▸Applies to ALL vessels in U.S. waters — commercial and recreational
- ▸A master who rescues persons in distress cannot claim salvage for the persons themselves — only for the vessel and cargo
- ▸Rendering assistance does not create liability if assistance was rendered in good faith
Federal Preemption in Maritime Law
Under the Supremacy Clause, federal maritime law preempts state law in many maritime contexts. The extent of preemption depends on the specific area of law and whether Congress has expressed intent to occupy the field.
Areas Where Federal Law Preempts State Law
- ▸DOHSA preempts state wrongful death claims for deaths beyond 3 nm
- ▸Jones Act preempts state workers' compensation schemes for seamen
- ▸Admiralty jurisdiction for maritime torts (collision, personal injury at sea)
- ▸Vessel documentation and registration in federal trades
- ▸OPA 90 does not preempt state oil spill laws that are stricter — states may impose additional liability
Areas Where State Law Survives
- ▸State wrongful death laws apply for deaths within 3 nm of shore (where DOHSA does not apply)
- ▸State environmental laws supplementing (not conflicting with) MARPOL / OPA 90
- ▸State registration for vessels not engaged in federal trades
- ▸Boating under the influence (BUI) laws — states can and do prosecute BUI independently
- ▸Speed limits and operating rules on state-supervised waterways
Exam Tips
Jones Act = four-part test for coastwise trade
Built, owned, flagged, crewed — all four must be U.S. A vessel that is U.S.-built and U.S.-flagged but foreign-owned does NOT qualify. Exam questions often isolate one element that is missing.
Maintenance and cure: no fault required
Exam questions will describe a seaman injured on the job and ask whether they are entitled to maintenance and cure. The answer is yes, regardless of fault — the only question is whether they were 'in the service of the vessel' when injured.
DOHSA: 3-nautical-mile boundary matters
Death beyond 3 nm = DOHSA applies (federal); death within 3 nm of shore = state wrongful death law may apply. Non-economic damages (pain and suffering) are generally not available under DOHSA — exam distractors often offer them as an answer.
OPA 90: unlimited liability for willful acts
OPA 90 has liability caps, but they disappear if the spill results from gross negligence, willful misconduct, or violation of applicable federal regulations. Exam questions that describe deliberate bypass of pollution controls point toward unlimited liability.
MARPOL Annex I — 15 ppm is the magic number
The overboard discharge limit for bilge water is 15 parts per million. An Oil Record Book must record all transfers and discharges. Falsification of the ORB is a federal crime frequently tested in the context of environmental law compliance.
Salvage: no cure, no pay — voluntary service only
Crew cannot claim salvage for saving their own vessel — they have a pre-existing duty. A third-party tug that responds and saves a vessel in peril can claim salvage. If the vessel sinks (no recovery), there is no award under traditional salvage law.
Frequently Asked Questions
What is the Jones Act and what does it require?
The Jones Act (Merchant Marine Act of 1920, 46 U.S.C. § 55102) is the primary U.S. cabotage law. It requires that all goods transported by water between two U.S. ports be carried on vessels that are: (1) built in the United States, (2) owned by U.S. citizens, (3) flagged in the United States, and (4) crewed by U.S. citizens or permanent residents. The Jones Act also provides seamen with the right to sue their employer for negligence — a protection that does not require proving unseaworthiness. It is one of the most frequently tested maritime law topics on the USCG exam.
What is maintenance and cure under maritime law?
Maintenance and cure is a traditional maritime remedy that requires a vessel owner to pay a seaman who becomes ill or injured in the service of the vessel. 'Maintenance' is a daily living allowance covering room and board while the seaman recovers. 'Cure' is payment of all reasonable medical expenses until the seaman reaches maximum medical improvement (MMI). Maintenance and cure are owed regardless of fault — the seaman does not need to prove negligence. It continues until the seaman reaches MMI, at which point the obligation ends even if the seaman is not fully recovered.
What does the Death on the High Seas Act (DOHSA) cover?
DOHSA (46 U.S.C. § 30301 et seq.) provides a federal cause of action when a person is killed by a wrongful act, neglect, or default on the high seas — generally defined as beyond 3 nautical miles from U.S. shore. It allows the personal representative of the deceased to bring suit against the responsible party. Recoverable damages include pecuniary losses (loss of support, services, and earnings) but traditionally not non-economic damages like pain and suffering. DOHSA preempts state wrongful death claims for deaths occurring beyond the 3-mile limit.
What is the Oil Pollution Act of 1990 (OPA 90) and what are its key liability provisions?
OPA 90 (33 U.S.C. § 2701 et seq.) was enacted after the Exxon Valdez disaster. It holds vessel owners and operators strictly liable for oil spills into U.S. navigable waters. Liability limits (subject to periodic adjustment) vary by vessel type — for a single-hull tank vessel over 3,000 GT they can exceed $20 million. Liability is unlimited if the spill results from gross negligence, willful misconduct, or violation of federal safety or operating regulations. OPA 90 also requires vessel owners to demonstrate financial responsibility (OPA certificates or bonds) and mandates Oil Spill Response Plans (OSRPs) for covered vessels.
What are the MARPOL annexes and which ones most commonly appear on the USCG exam?
MARPOL (International Convention for the Prevention of Pollution from Ships) has six annexes. Annex I covers oil (prohibits overboard discharge except under strict conditions — the 15 ppm rule in special areas; requires an Oil Record Book). Annex II covers noxious liquid substances. Annex III covers packaged harmful substances. Annex IV covers sewage (limits discharge within 3 nm of shore without treatment). Annex V covers garbage (the Garbage Management Plan; prohibits plastic discharge anywhere). Annex VI covers air pollution (SOx and NOx limits). Annex I (oil record book, 15 ppm rule) and Annex V (garbage) are the most frequently tested on USCG exams.
What is unseaworthiness and how does it differ from Jones Act negligence?
Unseaworthiness is a general maritime law doctrine holding vessel owners to a warranty of seaworthiness — the vessel, its equipment, and crew must be reasonably fit for their intended purpose. Unlike Jones Act negligence, which is fault-based, unseaworthiness is a form of strict liability: a seaman only needs to show the vessel was not reasonably fit, not that the owner knew about or caused the defect. A transient condition (such as a slippery deck caused by a momentary spill) may or may not be unseaworthy depending on whether it was a recurring problem or the result of the seaman's own actions.
What is the difference between a Certificate of Documentation and state registration?
A Certificate of Documentation (COD) is issued by the USCG National Vessel Documentation Center and is required for vessels 5 net tons or more that are wholly owned by U.S. citizens and used in certain trades (coastwise, fisheries, or Great Lakes trade). A documented vessel is exempt from state registration but must still display its official number on the interior of the hull. State registration (via a state decal and numbers displayed on the hull) is required for motorized vessels not documented with the USCG. Documented vessels engaged in coastwise trade must comply with Jones Act ownership and construction requirements.
What is a maritime lien and how is it enforced?
A maritime lien is a privileged claim against a vessel itself — it 'travels with' the vessel and survives changes in ownership. Maritime liens arise by operation of law for claims including seamen's wages, salvage, tort claims (collision damage), and necessaries (supplies, repairs, fuel furnished on credit). They are enforced through an in rem admiralty action — the vessel is arrested by the U.S. Marshal and can be sold to satisfy the claim. Lien priority: seamen's wages rank highest, then salvage, then tort claims, then contract claims. Maritime liens do not require a written agreement and need not be recorded to be valid.
What is the Limitation of Liability Act and what does it allow vessel owners to do?
The Limitation of Liability Act (46 U.S.C. § 30501 et seq.) allows a vessel owner to limit their liability for losses arising from a maritime accident to the post-accident value of the vessel plus pending freight, provided the owner had no privity or knowledge of the negligence or unseaworthiness that caused the loss. If the vessel sinks and becomes worthless, the limitation fund can be zero. Owners file a petition in federal district court to concourse (consolidate) all claims. This law is frequently tested in the context of vessel collisions and sinkings.
What are the legal duties under salvage law and the Good Samaritan rule?
Maritime salvage law entitles a salvor to a reward for voluntarily rescuing a vessel or cargo in peril. The key elements are: (1) maritime peril, (2) voluntary service (not a pre-existing duty), and (3) success — at least partial recovery. The reward is not a fixed amount but is set by the court based on the degree of danger, the value saved, the skill of the salvors, and the risk to the salvors. Under the Good Samaritan rule (46 U.S.C. § 2304), the master of a vessel has a legal duty to render assistance to any person in danger at sea, so long as it can be done without serious danger to the rescuing vessel or crew. Failure to render assistance is a federal criminal offense.
Related Study Guides
Deck General Safety
Fire classes, PFDs, EPIRB, stability, MARPOL placards, and all required safety equipment.
Man Overboard Procedures
Williamson Turn, Anderson Turn, VHF Pan-Pan, hypothermia survival times, and victim recovery.
VHF Marine Radio Guide
Channel assignments, MAYDAY procedure, DSC, and FCC licensing for the OUPV exam.
Practice Maritime Law Questions
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