experience in the position for which he applies to be licensed and has no record of any serious technical error against him: Provided further, That no person to whom a license as master, mate, chief engineer, or assistant engineer is issued without examination may serve under authority of that license as master, mate, chief engineer, or assistant engineer on any vessel subject to the inspection laws of the United States.

(5) It shall be unlawful to engage or employ any person or for any person to serve as a master, mate, or engineer on any such vessel who is not licensed by the Coast Guard inspectors; and anyone violating this section shall be liable to a penalty of $100 for each offense.

(6) If any collector of customs has reason to believe, on complaint or otherwise, that a vessel subject to this section and to the regulations established thereunder is about to proceed to the high seas from a port in the United States or any Territory over which the United States exercises jurisdiction, except the Panama Canal Zone, in violation of any provision of this section or of any provision of the Officers' Competency Certificates Convention, 1936, he may, by written order served on the master or officer in charge of such vessel, detain her until such time as this section shall have been complied with. Clearance shall be refused to any vessel which shall have been ordered detained. If the vessel be ordered detained the master may, within five days, appeal to the Commandant of the Coast Guard, who may, after investigation, affirm, set aside, or modify the order of the collector.

(7) Foreign vessels to which the Officers' Competency Certificate Convention, 1936, applies shall be subject to such inspection, within the jurisdiction of the United States, except the Panama Canal Zone, as may be necessary to determine that there has been a compliance with the terms of the convention, and in case of any breach of the provisions of the convention by such vessel the collector of customs may, by written order served on the master or officer in charge of such vessel, detain her and refuse clearance to her until such time as the convention shall have been complied with; the collector shall also immediately notify the consul of the country in which the vessel is registered. If the vessel be ordered detained the master may, within five days, appeal to the Commandant of the Coast Guard, who may, after investigation, affirm, set aside, or modify the order of the collector.

(8) No provision of the Officers' Competency Certificates Convention, 1936, or of this section, shall apply to any vessel of the United States of less than two hundred gross tons, nor shall any provision of that convention or this section be deemed to alter, amend, or repeal any statute of the United States in effect on the effective date of this section with regard to any such vessel.

(9) The Commandant of the Coast Guard shall establish such regulations as may be necessary to secure the enforcement of the provisions of this section by any officer of the United States authorized to enforce the navigation or inspection laws of the United States.

(10) The Commandant of the Coast Guard or any officer of the Coast Guard authorized by the Commandant of the Coast Guard may, upon application therefor, remit or mitigate any fine or penalty incurred under this section or any regulation thereunder.

(11) No provision of the Officers' Competency Certificates Convention, 1936, nor of this section, shall apply to any vessel, however propelled, navigating on the Great Lakes.

(12) Where used in this section

(a) the term "high seas" means all waters outside the line dividing the inland waters from the high seas, as defined in section 2 of the Act of February 19, 1895 (33 U.S.C. 151);

(b) the term "unrigged vessel" means any vessel that is not selfpropelled.

(13) Nothing contained in the Officers' Competency Certificates Convention, 1936, nor in this section, shall be deemed to extend any provision of section 673 of this title, or to alter, modify, or repeal any statute of the United States in effect on the effective date of this section, except as hereinbefore provided.

(14) This section [act] became effective on October 29, 1939.

EXCEPTION OF CERTAIN VESSELS FROM OFFICERS' COMPETENCY CERTIFICATES CONVENTION

46 U.S.C. 241

Pursuant to the authority granted in the second clause of Article One of the Officers' Competency Certificates Convention, 1936, ratified by the President of the United States on September 1, 1938, by and with the advice and consent of the Senate of the United States, given June 13, 1938 (being International Labor Conference Treaty, Draft Convention, Numbered 53, adopted by the International Labor Conference at Geneva in 1936), vessels of the United States of less than two hundred tons gross registered tonnage are hereby exempted from the provisions of such convention: Provided, however, That neither the ratification of the said convention by the President of the United States, nor the advice and consent of the United States Senate given thereto, nor any provision of the said convention as ratified, nor any provision of this Act shall be deemed to alter, amend, or repeal any statute of the United States existing at the time of said ratification, or thereafter enacted, with regard to any such vessel of less than two hundred tons gross registered tonnage.

Registration of pursers and surgeons; creation of staff departments on vessels; medical division; purser's division

46 U.S.C. 242

There shall be registered staff officers in the United States merchant marine in the following grades: (1) Chief purser, (2) purser, (3) senior assistant purser, (4) junior assistant purser, and (5) surgeon. The Commandant of the Coast Guard (in sections 242-248 of this title called the Commandant) shall register, and issue certificates of registry to, qualified individuals applying for registry in such grades, as hereinafter provided, and every such individual when so registered and serving in the staff department on a vessel of the United States shall rank as a staff officer on such vessel. Officers registered under the provisions of sections 242-248 of this title and pursers' clerks and such persons as may be assigned to the senior registered surgeon shall constitute a separate and independent department on vessels of the United States to be known as the staff department. Such staff department shall be composed of a medical division and a purser's division. The medical division shall be under the charge of the senior registered surgeon on such vessel, who shall be responsible solely to the master. The purser's division shall be under the charge of the senior registered purser on such vessel, who shall be responsible solely to the master. On oceangoing vessels licensed to carry more than one hundred passengers, such officer in charge of the purser's division of the staff department shall be a registered chief purser; and whenever more than three persons are employed in the purser's division of the staff department of such vessels, there shall be a minimum of one registered senior assistant purser and one registered junior assistant purser in such purser's division of that staff department. No person shall be eligible for

registry as a staff officer under the provisions of sections 242-248 of this title who is not a citizen of the United States.

Registration of pursers and surgeons; creation of staff departments on vessels; medical division; purser's division; qualifications

46 U.S.C. 243

No applicant for registry under the provisions of sections 242–248 of this title shall be required to take an examination to qualify therefor, but the Commandant shall require satisfactory proof of good character, citizenship, and such minimum periods of service as he shall deem necessary to establish the requisite knowledge, skill, and experience to qualify applicants for the respective stations. Applicants for registry as surgeon shall be required to possess a valid license as physician and surgeon issued under the authority of a State or Territory of the United States or the District of Columbia. Registration of pursers and surgeons; creation of staff departments on vessels; medical division; purser's division; oath or affirmation

46 U.S.C. 244

Each staff officer receiving a certificate of registry under the provisions of sections 242-248 of this title shall make oath or affirmation before an officer empowered to administer oaths, to be designated by the Commandant, that he will faithfully and honestly perform all the duties required of him by law. No such staff officer shall be required to obtain any other certificate of service or efficiency or behavior as a condition of service in such capacity other than as herein provided.

Registration of pursers and surgeons; creation of staff departments on vessels; medical division; purser's division; members of Naval Reserve, insignia

46 U.S.C. 245

(a) Staff officers registered under the provisions of sections 242248 of this title who are members of the Naval Reserve shall wear on their uniforms such special distinguishing insignia as may be approved by the Secretary of the Navy.

(b) The uniform stripes, decoration, or other insignia to be worn by such officers shall be of gold braid or woven gold or silver material, and no member of the ship's crew other than such staff officers shall be allowed to wear any uniform with such staff officer's identifying insignia.

Registration of pursers and surgeons; creation of staff departments on vessels; medical division; purser's division; offenses; penalties; Great Lakes

46 U.S.C. 246

(a) It shall be unlawful to employ any person or for any person to serve in any grade or perform the duties of any grade specified in section 242 of this title on any such vessel of the United States

designated therein unless he shall be in bona fide possession of a certificate of registry, issued under the provisions of sections 242248 of this title, as an officer in such grade; and anyone violating this provision shall be liable to a penalty of $100 for each offense: Provided, That in the event no registered staff officer is available and obtainable at the time of sailing, the vessel may sail with an unregistered staff officer or without any staff officer: Provided further, That such staff officer shall not be included in the vessel's inspection certificate.

(b) Any staff officer registered under the provisions of sections 242-248 of this title who shall change by addition, interpolation, or erasure of any kind, any certificate of registry referred to in this section shall have his registry and his certificate of registry revoked and be punished by a fine of not more than $100: Provided, That the provisions of said sections shall not apply to any vessel of the United States operated on bays, sound, inland waterways, and lakes, other than the Great Lakes, or to passenger ferries and car ferries operated on the Great Lakes.

(c) Any registry or certificate of registry issued under the authority of sections 242-248 of this title to any staff officer shall be suspended or revoked upon satisfactory proof of bad conduct, inattention to his duties, or the willful violation of any provisions of said sections applicable to him, in the same manner and with like procedure as is provided in the case of suspension or revocation of licenses of officers under the provisions of section 239 of this title. Registration of pursers and surgeons; creation of staff departments on vessels; medical divisions; purser's division; rules and regulations

46 U.S.C. 247

The Commandant of the Coast Guard shall prescribe rules and regulations to carry out the provisions of sections 242-248 of this title..

Registration of pursers and surgeons; creation of staff departments on vessels; medical divisions; vessel of the United States defined

46 U.S.C. 248

As used in sections 242-248 of this title the term "vessel of the United States" shall mean any vessel registered, enrolled, or licensed under the laws of the United States, but shall not include a fishing or whaling vessel or yacht.

Licenses of radiotelegraph operators as officers

46 U.S.C. 229a

Whenever the complement of any vessel prescribed pursuant to section 222 of this title includes one or more radiotelegraph operators such operators shall be required to be licensed officers.