« iepriekšējāTurpināt »
an identification certificate, if and when such seaman possesses and carries a continuous discharge book, or who shall exchange or give to any other person, partnership, company, or corporation information to cause discrimination against a seaman for electing to carry either an identification certificate or a continuous discharge book, or to prevent a seaman from obtaining employment on that account, shall be deemed guilty of a misdemeanor; and, on conviction thereof, shall be punishable by a fine of not more than $1,000 or imprisonment for not more than one year, at the discretion of the court.
Seamen shall apply for certificates of identification or continuous discharge books hereunder; and if any application contains any statement known by the applicant to be false, he shall be deemed guilty of a misdemeanor and, on conviction thereof before any district court of the United States, shall be fined not more than $1,000 or imprisoned for not more than one year, in the discretion of the court.
(h) In case of the loss of a continuous discharge book, a certificate of identification, or of any certificate of discharge by shipwreck or other casualty, the seaman shall be supplied with a duplicate of such continuous discharge book, certificate of identification, or certificate of discharge in which shall be entered all data that may be available from the copies of records kept by the Coast Guard. In other cases of loss the seaman may obtain a duplicate of such continuous discharge book, certificate of identification, or certificates of discharge, containing the same entries, upon a payment of a sum equivalent to the cost thereof to the Government to be determined from time to time by the Commandant of the Coast Guard.
(i) The provisions of this section shall not apply to fishing or whaling vessels or yachts.
(j) The Commandant of the Coast Guard shall enforce this section as to all vessels of the United States subject to the provisions hereof through collectors of customs and other Government officers acting under the direction of the Coast Guard, and shall make such rules and regulations as he may deem necessary to carry out the provisions of this section.
(k) Where vessels are required to sign on and discharge the crew before a Coast Guard official to whom the duties of shipping commissioner have been delegated and no Coast Guard official is appointed or is available the functions and duties required by subsections (d) and (e) of this section to be performed by such Coast Guard official may be performed by a collector or deputy collector of customs; and where vessels are not required to sign on and discharge the crew before such Coast Guard official the duties and functions required by subsections (d) and (e) of this section to be performed by such Coast Guard official shall be performed by the master of such vessel. Any master who shall fail to perform such duties or functions shall be fined in the sum of $50 for each offense.
(1) The master of every vessel subject to the provisions of this section shall submit, over his signature, reports to the Coast Guard of the employment, discharge, or termination of services of every seaman not shipped or discharged before a Coast Guard official to
whom the duties of shipping commissioner have been delegated, which reports shall contain such of the following information as may be required by regulation of the Commandant of the Coast Guard: (1) name of vessel, official number, voyage number, port, date, description of voyage, name in full of each seaman, number of continuous discharge book or certificate of identification and of license, certificate of registry, or service, and efficiency for rating in which employed, age, citizenship, capacity in which engaged, date and place of engagement, date and place of discharge or separation from service of vessel, the percentage of citizens of the United States in the crew, and name in full of the master and the serial number of his license; (2) a statement showing (a) that the master has entered into an agreement with each seaman on board such vessel as required by law; (b) that at least 65 per centum of the deck crew (exclusive of licensed officers) are of a rating not less than able seamen; (c) that at least 75 per centum of the crew in each department are able to understand orders given by the officers; (d) that the vessel has in her service the number of lifeboatmen required by her certificate of inspection; (e) that each member of the crew possesses a license, certificate of registry, or certificate of service for the rating in which he is engaged, and (f) that each lifeboatman possesses a certificate of efficiency. The Commandant of the Coast Guard shall, by regulation, prescribe the form and content of such reports and time of submitting them. This subsection shall not apply to any ferry or any tug used in connection with a ferry operation, if such ferry or tug is employed exclusively in trade on the Great Lakes, lakes (other than the Great Lakes), bays, sounds, bayous, canals, and harbors, and is not engaged on an international voyage. Any master who shall violate any provision of this subsection or regulations established hereunder shall be subject to a penalty of $500. Continuous discharge books and certificate of identification; ex
tension of section 643(b) to other vessels and waters in national
interest 46 U.S.C. 643b
The President is hereby authorized, whenever in his judgment the national interest requires, to extend the provisions of subsection (1) of section 643 of this title, to such additional class or classes of vessels and to such waters as he may designate. Continuous discharge books and certificate of identification; ex
ception as to unrigged vessels 46 U.S.C. 643a
Provisions of section 643 of this title shall not apply to unrigged vessels except seagoing barges. Requirements, qualifications, and regulations as to crews 46 U.S.C. 672(a)
No vessel of one hundred tons gross and upward, except those navigating rivers exclusively and the smaller inland lakes and except as provided in section 569 of this title, shall be permitted to depart from any port of the United States unless she has on
board a crew of not less than 75 per centum of which, in each department thereof, are able to understand any order given by the officers of such vessel, nor unless 65 per centum of her deck crew, clusive of licensed officers and apprentices, are of a rating not less than able seamen. Every person shall be rated an able seaman, and qualified for service as such on the seas, who is nineteen years of age or upward, and has had at least three years' service on deck at sea or on the Great Lakes, on a vessel or vessels to which this section applies, including decked fishing vessels, and vessels in United States Government service; and every person shall be rated an able seaman, and qualified to serve as such on the Great Lakes and on the smaller lakes, bays, or sounds who is nineteen years of age or upward and has had at least eighteen months' service on deck at sea or on the Great Lakes or on the smaller lakes, bays, or sounds, on a vessel or vessels to which this section applies, including decked fishing vessels and vessels in the United States Government service; and graduates of school ships approved by and conducted under rules prescribed by the Commandant of the Coast Guard may be rated able seamen upon graduation in good standing from said school ships; Provided, That no boy shalì be shipped on any vessel to which this section applies unless he meets the physical qualifications contained in regulations to be prescribed by the Commandant of the Coast Guard and that no boy shall be placed on the lookout or at the wheel except for the purpose of learning, and that in narrow and crowded waters or in low visibility none below the rating of able seaman shall be permitted at the wheel: Provided further, That no deck boy shall be held qualified to fill the place of ordinary seaman until he has had at least six months' service as deck boy: Provided further, That upon examination, under rules prescribed by the Coast Guard as to eyesight, hearing, and physical condition, such persons or graduates are found to be competent : Provided further, That upon examination, under rules prescribed by the Coast Guard as to eyesight, hearing, physical condition, and knowledge of the duties of seamanship, a person found competent may be rated as able seaman_after having served on deck twelve months at sea or on the Great Lakes, but seamen examined and rated able seamen under this proviso shall not in any case compose more than one-fourth of the number of able seamen required by this section to be shipped or employed upon any vessel. Exception to section 672; certain sail vessels 46 U.S.C. 672–1
The provisions of section 672 of this title, relating to the manning of certain vessels, shall not apply to any sail vessel of less than five hundred tons registered tonnage, while not carrying passengers for hire, and while not operating outside the line dividing inland waters from the high seas, as defined in section 151 of title 33. Exception to section 672; certain persons as able seamen 46 U.S.C. 672-2
Notwithstanding any provision of section 672 of this title, every person may be rated as an able seaman for the purpose of serving on vessels of not more than five hundred gross tons, on bays and sounds, when such vessels are not carrying passengers, who is nineteen years of age and upward and who has had at least twelve months of service on deck at sea or on the Great Lakes or on the bays and sounds connected directly with the sea. Exception to section 672; seagoing barges 46 U.S.C. 672b-1
Notwithstanding any provision of section 672 of this title, every person may be rated as an able seaman for the purpose of serving on seagoing barges who is nineteen years of age and upward, and who has had at least twelve months of service on deck at sea or on the Great Lakes or on the bays and sounds connected directly with the seas. Complement of officers and crew of vessels; penalties 46 U.S.C. 222 (R.S. 4463)
No vessel of the United States subject to the provisions of title 52 of the Revised Statutes or to the inspection laws of the United States shall be navigated unless she shall have in her service and on board such complement of licensed officers and crew including certificated lifeboatmen, separately stated, as may, in the judgment of the Coast Guard, be necessary for her safe navigation. The Coast Guard shall make in the certificate of inspection of the vessel an entry of such complement of officers and crew including certificated lifeboatmen, separately stated, which may be changed from time to time by indorsement on such certificate by the Coast Guard by reason of change of conditions or employment. Such entry or indorsement shall be subject to a right of appeal, under regulations to be made by the Commandant of the Coast Guard, to the Commandant of the Coast Guard who shall have the power to revise, set aside, or affirm the said determination.
If any such vessel is deprived of the services of any number of the crew including certificated lifeboatmen, separately stated, without the consent, fault, or collusion of the master, owner, or any person interested in the vessel, the vessel may proceed on her voyage if, in the judgment of the master, she is sufficiently manned for such voyage: Provided, That the master shall ship, if obtainable, a number equal to the number of those whose services he has been deprived of by desertion or casualty, who must be of the same grade or of a higher rating with those whose places they fill. If the master shall fail to explain in writing the cause of such deficiency in the crew including certificated lifeboatmen, separately stated, to the Coast Guard within twelve hours of the time of the arrival of the vessel at her destination, he shall be liable to a penalty of $50. If the vessel shall not be manned as provided in this Act, the owner shall be liable to a penalty of $100, or in case of an insufficient number of licensed officers to a penalty of $500.
Shipping seamen to replace those lost by desertion or casualty 46 U.S.C. 569 (R.S. 4516)
In case of desertion or casualty resulting in the loss of one or more of the seamen, the master must ship, if obtainable, a number equal to the number of those whose services he has been deprived of by desertion or casualty, who must be of the same or higher grade or rating with those whose places they fill, and report the same to the United States consul at the first port at which he shall arrive, without incurring the penalty prescribed by sections 567 and 568 of this title. This section shall not apply to fishing or whaling vessels or yachts. Manning and wage scales; subsidy contracts. Investigation of
wages and working conditions; establishment of wage and
manning scales; incorporation in subsidy contracts 46 U.S.C. 1131(a)
The Federal Maritime Board', is authorized and directed to investigate the employment and wage conditions in oceangoing 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 Board1 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 Board1 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, manning scales, or working conditions as provided in this section shall be added to the operatingdifferential subsidy previously authorized for the vessel. Certificate of service as able seaman 46 U.S.C. 672(b)
Application may be made to the Coast Guard for a certificate of service as able seaman, and upon proof being made to the Coast Guard by affidavit and examination, under rules approved by the Commandant of the Coast Guard, showing the nationality and age of the applicant, the vessel or vessels on which he has had service,
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 1961 Reorganization Plan No. 7.