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of the crew to participate in the performance of fire, lifeboat, or other drills. While such vessel is in a safe harbor no seaman shall be required to do any unnecessary work on Sundays or the followingnamed days: New Year's Day, the Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day, but this shall not prevent the dispatch of a vessel on regular schedule or when ready to proceed on her voyage. And at all times while such vessel is in a safe harbor, eight hours, inclusive of the anchor watch, shall constitute a day's work. Whenever the master of any vessel shall fail to comply with this section and the regulation issued thereunder, the owner shall be liable to a penalty not to exceed $500, and the seamen shall be entitled to discharge from such vessel and to receive the wages earned. But this section shall not apply to vessels engaged in salvage operations: Provided, That in all tugs and barges subject to this section when engaged on a voyage of less than six hundred miles, the licensed officers and members of the crews other than coal passers, firemen, oilers, and water tenders may, while at sea, be divided into not less than two watches, but nothing in this proviso shall be construed as repealing any part of section 222 of this title. Manning and wage scales; subsidy contracts 46 U.S.C. 1131
(a) Investigation of wages and working conditions; establishment of wage and manning scales; incorporation in subsidy contracts. The Federal Maritime Boardi is authorized and directed to investigate the employment and wage conditions in ocean-going shipping and, after making such investigation and after appropriate hearings, to incorporate in the contracts authorized under sections 1171-1204 of this title minimum-manning scales and minimum-wage scales and minimum working conditions for all officers and crews employed on all types of vessels receiving an operating-differential subsidy. After such minimum manning and wage scales and working conditions shall have been adopted by the Board no change shall be made therein by the Board except upon public notice of the hearing to be had, and a hearing by the Board of all interested parties, under such rules as the Board shall prescribe. The duly elected representatives of the organizations, certified as the proper collective bargaining agencies shall have the right to represent the employees who are members of their organizations at any such hearings. Every contractor receiving an operating-differential subsidy shall post and keep posted in a conspicuous place on each such vessel operated by such contractor a printed copy of the minimum manning and wage scales and working conditions prescribed by his contract and applicable to such vessel: Provided, however, That any increase in the operating expenses of the subsidized vessel occasioned by any change in the wage or manning scales or working conditions as provided in this section shall be added to the operatingdifferential subsidy previously authorized for the vessel.
1 Section 304 of 1961 Reorganization Plan No. 7, 26 F.R. 7315, set out as a note under 46 U.S.C. 1111 abolished the Federal Maritime Board. Its functions were transferred either to the Federal Maritime Commission or to the Secretary of Commerce. See sections 103 and 202 of Reorganization Plan No. 7.
(b) Subsidy contracts; provisions relative to officers and crew.
È very contract executed under authority of sections 1171-1204 of this title shall requirem
(1) Insofar as is practicable, officers' living quarters shall be kept separate and apart from those furnished for members of the crew;
(2) Licensed officers and unlicensed members of the crew shall be entitled to make complaints or recommendations to the Secretary of Commerce providing they file such complaint or recommendation directly with the Secretary or with their immediate superior officer who shall be required to forward such complaint or recommendation with his remarks to the Secretary or with the authorized representatives of the respective collective bargaining agencies;
(3) Licensed officers who are members of the United States Naval Reserve shall wear on their uniforms such special distinguishing insignia as may be approved by the Secretary of the Navy; officers being those men serving under licenses issued by the Bureau of Marine Inspection and Navigation or the Coast Guard;
(4) The uniform stripes, decoration, or other insignia shall be of gold braid or woven gold or silver material, to be worn by officers, and no member of the ship's crew other than licensed officers shall be allowed to wear any uniform with such officer's identifying insignia;
(5) No discrimination shall be practiced against licensed officers, who are otherwise qualified, because of their failure to qualify as members of the United States Naval Reserve. Narcotics violations; definitions 46 U.S.C. 239a
When used in section 239b of this title
(a) The term “narcotic drug” shall have the meaning ascribed to that term by section 171 (a) of Title 21, and also shall include marihuana as defined in section 3238(b) of Title 26, I.R.C. 1939 and section 4761 of Title 26, I.R.C. 1954.
(b) The term “Secretary” means the head of the department in which the Coast Guard is operating.
(c) The term "seaman's document” means any document authorized by law or regulation to be issued to a merchant mariner by the Secretary. Narcotics violations; denial or revocation of seaman's document 46 U.S.C. 239b
The Secretary may-
(1) any person who, within ten years prior to the date of application therefor, has been convicted in a court of record of a violation of the narcotic drug laws of the United States, the District of Columbia, or any State or Territory of the United States, which conviction has become final; or
(2) any person who, unless he furnishes satisfactory evidence that he is cured, has ever been a user of or addicted to the use of a narcotic drug; and
(b) take action, based on a hearing before a Coast Guard examiner, under hearing procedures prescribed by the Administrative Procedure Act, as amended, to revoke the seaman's document of
(1) any person who, subsequent to July 15, 1954, and within ten years prior to the institution of the action, has been convicted in a court of record of a violation of the narcotic drug laws of the United States, District of Columbia, or any State or Territory of the United States, the revocation to be subject to the conviction's becoming final; or
(2) any person who, unless he furnishes satisfactory evidence that he is cured, has been, subsequent to July 15, 1954, a user of or addicted to the use of a narcotic drug. Misuse of Federal certificate, license, or document 18 U.S.C. 2197
Whoever, not being lawfully entitled thereto, uses, exhibits, or attempts to use or exhibit, or with intent unlawfully to use the same, receives or possesses any certificate, license, or document issued to vessels, or officers or seamen by any officer or employee of the United States authorized by law to issue the same; or
Whoever, without authority, alters or attempts to alter any such certificate, license, or document by addition, interpolation, deletion, or erasure; or
Whoever forges, counterfeits, or steals, or attempts to forge, counterfeit, or steal, any such certificate, license, or document; or unlawfully possesses or knowingly uses any such altered, changed, forged, counterfeit, or stolen certificate, license, or document; or
Whoever, without authority, prints or manufactures any blank form of such certificate, license, or document, or
Whoever possesses without lawful excuse, and with intent unlawfully to use the same, any blank form of such certificate, license, or document; or
Whoever, in any manner, transfers, or negotiates such transfer of, any blank form of such certificate, license, or document, or any such altered, forged, counterfeit, or stolen certificate, license, or document, or any such certificate, license or document to which the party transferring or receiving the same is not lawfully entitled
Shall be fined not more than $5,000 or imprisoned not more than five years, or both. Visiting parts of vessel occupied by passengers 46 U.S.C. 157
Neither the officers, seamen, nor other persons employed on any such steamship or other vessel shall visit or frequent any part of the vessel provided or assigned to the use of such passengers, except by the direction or permission of the master of such vessel first made or given for such purpose; and every officer, seaman, or other person employed on board of such vessel who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and may be fined not exceeding $100, and be imprisoned not exceeding twenty days, for each violation, and the master of such vessel who directs or permits any officer, seaman, or other person employed on board the vessel to visit or frequent any part of the vessel provided for or assigned to the use of such passengers, or the compartments or spaces occupied by such passengers, except for the purpose of doing or performing some necessary act or duty as an officer, seaman, or other person employed on board the vessel, shall be deemed guilty of a misdemeanor, and may be fined not more than $100 for each time he directs or permits the provisions of this section to be violated. A copy of this section written or printed in the language or principal languages of the passengers on board, shall, by or under the direction of the master of the vessel, be posted in a conspicuous place on the forecastle and in the several parts of the vessel provided and assigned for the use of such passengers, and in each compartment or space occupied by such passenger, and the same shall be kept so posted during the voyage; and if the said master neglects so to do, he shall be deemed guilty of a misdemeanor, and shall be fined not more than $100.
Officers' competency certificates convention, 1936.
PROVISIONS OF DRAFT CONVENTION NO. 53
1. This Convention applies to all vessels registered in a territory for which this Convention is in force and engaged in maritime navigation with the exception of
(a) ships of war;
(b) Government vessels, or vessels in the service of a public authority, which are not engaged in trade;
(c) wooden ships of primitive build such as dhows and junks. 2. National laws or regulations may grant exceptions or exemptions in respect of vessels of less than 200 tons gross registered tonnage.
For the purpose of this Convention the following expressions have the meanings hereby assigned to them:
(a) “master or skipper” means any person having command or charge of a vessel;
(b) "navigating officer in charge of a watch" means any person, other than a pilot, who is for the time being actually in charge of the navigation or maneuvering of a vessel;
(c) “chief engineer" means any person permanently responsible for the mechanical propulsion of a vessel;
(d) "engineer officer in charge of a watch” means any person who is for the time being actually in charge of the running of a vessel's engines.
1. No person shall be engaged to perform or shall perform on board any vessel to which this Convention applies the duties of master, or skipper, navigating officer in charge of a watch, chief engineer, or engineer officer in charge of a watch, unless he holds a certificate of competency to perform such duties, issued or approved by the public authority of the territory where the vessel is registered.
2. Exceptions to the provisions of this Article may be made only in case of force majeure.
1. No person shall be granted a certificate of competency unless
(a) he has reached the minimum age prescribed for the issue of the certificate in question;
(b) his professional experience has been of the minimum duration prescribed for the issue of the certificate in question; and
(c) he has passed the examinations organized and supervised by the competent authority for the purpose of testing whether he possesses the qualifications necessary for performing the duties corresponding to the certificate for which he is a candidate.