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SEC. 610. PERMIT TO TOUCH AND TRADE AT FOREIGN PORT.-Whenever any vessel enrolled and licensed or licensed for carrying on the [fishery] fisheries is intended to touch and trade at any foreign port, it shall be the duty of the master or owner to obtain permission [for that purpose] to do so from the [collector of the district] officer or employee designated by the Secretary for that purpose at the port or place where such vessel may be previous to her departure, and the master of every such vessel shall deliver like manifests and make like entries, both of the vessel and of the merchandise on board, within the same time, and under the same penalty, as are by law provided for American vessels [of the United States] arriving from a foreign port.

NOTE

This section is based on title 46, U.S.C., 1964, ed., § 310 (R.S. § 4364).
The word(s)-

"enrolled and licensed or" have been inserted before "licensed" to recognize the distinction in documenting vessels of 20 tons and upward (which are enrolled and licensed) and vessels of less than 20 tons (which are licensed) for the fisheries. See section 601 of this act;

"fisheries" has been substituted for "fishery" because a vessel may be documented for carrying on more than one type of "fishery," 46 U.S.C. 263 (sec. 231 of this act), provides for a license for carrying on the "whale fishery," "mackerel fishery," or "cod fishery," as the case may be;

"oflicer or employee designated by the Secretary for that purpose at the port or place" have been substituted for "collector of the district" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs];" and

'American' vessels" have been substituted for "vessels 'of the United States'" consistent with sections 904 and 907 of this act and for the reasons stated in the note to section 904 of this act.

Changes have been made in phraseology as required in the context of this act.

SEC. 611. PENALTY FOR TOUCHING AND TRADING AT FOREIGN PORT WITHOUT PERMISSION.-Whenever a vessel enrolled and licensed or licensed for carrying on the fisheries is found within three leagues of the coast with merchandise of foreign growth or manufacture exceeding the value of $500, without having such permission as is directed by [the preceding] section 610 of this Act, such vessel, together with the merchandise of foreign growth or manufacture imported therein, shall be subject to seizure and forfeiture.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 311 (R.S. § 4365).

The words "enrolled and licensed or" have been inserted before "licensed" consistent with sections 609 and 610 of this act and for the reasons stated in the notes to those sections.

Changes have been made in phraseology as required in the context of this act.

SEC. 612. FISHING VESSELS: TRANSFER AND TRANSPORTATION OF CATCH OF OTHER VESSELS. For the purposes of the laws of the United States relating to documentation [and inspection] of vessels [of the United States], a vessel enrolled and licensed[,] or licensed as a vessel of the United States to engage in the [fishery] fisheries[,] shall not be deemed to be used in employment for which not licensed, and shall not be considered as engaged in the transportation of freight

for hire, solely because such vessel occasionally takes on board on the high seas and transports without a monetary consideration to a port of the United States the catch of another fishing vessel of the United States.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 404a (Public Law 87-177, Aug. 30, 1961, 75 Stat. 410).

The word(s)

"fisheries" has been substituted for "fishery" consistent with section 610 of this act and for the reasons stated in the note thereto;

"of the United States" where they appear for the second time in this section have been deleted as surplusage; and

"and inspection" and "shall not be considered as engaged in the transportation of freight for hire" have been omitted as referring to matters beyond the scope of this act. It is recommended that a reference to these matters be included in the consolidation and revision of the laws administered by the U.S. Coast Guard now under preparation in that agency.

SEC. 613. RETALIATION ON DENIAL OF RIGHTS TO UNITED STATES VESSELS IN BRITISH NORTH AMERICA.-(a) Whenever the President [of the United States] shall be satisfied that American fishing vessels or American fishermen, visiting or being in the waters or at any ports or places of [the British dominions of North America] Canada, are or then lately have been denied or abridged in the enjoyment of any rights secured to them by treaty or law, or are or then lately have been unjustly vexed or harassed in the enjoyment of such rights, or subjected to unreasonable restrictions, regulations, or requirements in respect of such rights; or otherwise unjustly vexed or harassed in said waters, ports or places; [Or] or whenever the President [of the United States] shall be satisfied that any such fishing vessels or fishermen, having a permit under [the laws of the United States] section 610 of this Act to touch and trade at any port or ports, place or places, in [the British dominions of North America] Canada, are or then lately have been denied the privilege of entering such port or ports, place or places in the same manner and under the same regulations as may exist therein applicable to trading vessels of the most favored nation, or shall be unjustly vexed or harassed, in respect thereof, or otherwise be unjustly vexed or harassed therein, or shall be prevented from purchasing such supplies as may there be lawfully sold to trading vessels of the most favored nation; [Or] or whenever the President [of the United States] shall be satisfied that any other vessels of the United States, their masters or crews, so arriving_at or being in such [British] Canadian waters or ports or places [of the British Dominions of North America], are or then lately have been denied any of the privileges therein accorded to the vessels, their masters or crews, of the most favored nation, or unjustly vexed or harassed in respect of the same, or unjustly vexed or harassed therein by the authorities thereof, then, and in either or all of such cases, [It] it shall be lawful, and it shall be the duty of the President [of the United States], in his discretion, by proclamation to that effect, to deny vessels, their masters and crews, of [the British dominions of North America] Canada [] any entrance into the waters, ports, or places of or within the United States (with such exceptions in regard to vessels in distress, stress of weather, or needing supplies as to the President shall seem proper), whether such vessels shall

have come directly from [said dominions] Canada on such destined voyage or by way of some port or place in such destined voyage elsewhere; and also to deny entry into any port or place of the United States of fresh fish or salt fish or any other product of [said dominions] Canada, or other goods coming from [said dominions] Canada to the United States.

(b) The President may, in his discretion, apply such proclamation to any part or to all of the foregoing named subjects, and may revoke, qualify, limit, and renew such proclamation from time to time as he may deem necessary to the full and just execution of the purposes of this [act] section.

(c) Every violation of any such proclamation, or any part thereof, is declared illegal, and all vessels and goods so coming or being within the waters, ports, or places of the United States contrary to such proclamation shall be forfeited to the United States; and such forfeiture shall be enforced and proceeded upon in the same manner and with the same effect as in the case of vessels or goods whose importation or coming to or being in the waters or ports of the United States contrary to law may be enforced and proceeded upon.

(d) Every person who shall violate any of the provisions of this [act] section, or such proclamation of the President made in pursuance [hereof] thereof, shall be deemed guilty of a misdemeanor, and, on conviction thereof,] shall be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding two years, or [by] both [said punishments], in the discretion of the court.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 143 (Mar. 3, 1887, c. 339, 24 Stat. 475).

The words "of the United States" following "President" have been deleted in several instances because "President" is defined as "President of the United States" in section 101 of this act.

"Canada" has been substituted for "the British dominions of North America" and for "said dominions" in several instances, and the phrase "Canadian' waters or ports or places" has been substituted for "British waters or ports or places of the British dominions of North America" to resolve an ambiguity which concerned the Secretary of the Treasury at the time of the enactment of act Mar. 3, 1887, c. 339, 24 Stat. 475 (this section), and which has continued to the present time. In a letter to Hon. Perry Belmont, chairman, Committee on Foreign Affairs, House of Representatives, dated Feb. 5, 1887, replying to an inquiry of Jan. 31, 1887 [Rept. No. 4087 (49th Cong., 2d sess.), to accompany S. 3173, p. 26], Secretary of the Treasury Daniel Manning stated:

"Is there not possible ambiguity in the phrase 'vessels of the British dominions of North America'? Does it mean only vessels whose home port is in those dominions, or vessels wholly owned by those having domicile in those dominions? Will it exclude a British vessel with her home port in England, Scotland, or Ireland, or the British West Indies to enter and clear at our ports, and do carrying trade between Canada and our ports? I infer that the bill was framed to exclude only Canadian or Newfoundland owned vessels, and that other British vessels, French or German vessels, or vessels of any other nationality, may enter our ports, although coming from ports of Canada or Newfoundland, but that our ports may be closed to any and all merchandise coming from those British colonies even if on board a friendly vessel."

There is nothing elsewhere in the legislative history of the act Mar. 3, 1887, to contradict the inference that the term "the British dominions of North America" as used therein refers to Canada and Newfoundland. As Newfoundland became a province of Canada in 1949, however, it now is unnecessary to refer to that former Dominion and Crown Colony by name in this section as revised.

The words ", shall be deemed guilty of a misdemeanor," in subsection (d) of this section have been deleted as inconsistent with 18 U.S.C. 1 (act June 25, 1948, c. 645, 62 Stat. 683), which defines a misdemeanor as any other offense than one

punishable by death or imprisonment for a term exceeding one year. The words "and, on conviction thereof," following "misdemeanor" have been deleted as surplusage.

Changes have been made in arrangement and phraseology as required in the context of this act.

CHAPTER 7-VESSELS CARRYING STEERAGE PASSENGERS

SEC. 701. VESSELS CARRYING STEERAGE PASSENGERS FROM FOREIGN PORTS: ACCOMMODATIONS FOR STEERAGE PASSENGERS.

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(a) It shall not be lawful for the master of any vessel whereon steerage passengers have been taken at any port or place in [the] a foreign country [or dominion] (ports and places in foreign territory contiguous to the United States excepted) to bring such vessel and passengers to or take from any port or place in the United States unless the compartments, spaces, and accommodations hereinafter mentioned have been provided, allotted, maintained, and used for and by such passengers during the entire voyage, unobstructed by cargo, stores, or goods. [The master of a vessel coming to a port or place in the United States in violation of any of the provisions of this section shall be deemed guilty of a misdemeanor; and if the number of steerage passengers carried or brought in the vessel, or in any compartment, space, poop, or deck house thereof, is greater than the number allowed to be carried or brought therein, respectively, as hereinafter prescribed, the said master shall be fined $50 for each and every such passenger in excess of the proper number, and may also be imprisoned not exceeding six months.]

[First.] (6) In computing the number of passengers carried or brought in any vessel, children under one year of age shall not be included, and two children between one and eight years of age shall be counted as one passenger; and any person brought in such vessel who shall have been, during the voyage, taken from any other vessel wrecked or in distress on the high seas, or have been picked up at sea from any boat, raft, or otherwise, shall not be included in such computation.

[Second.] (c) The expression "steerage passenger deck" means all passengers except cabin passengers, and persons shall not be deemed cabin passengers unless the space allotted to their exclusive use is in the proportion of at least thirty-six clear superficial feet to each passenger.

[Third.] (d) The expression "lowest passenger deck" means the deck next below the water line; and the expression "passenger deck" includes every deck or portion of a deck which is above the lowest passenger deck, and is appropriated for passengers.

[Fourth.] (c) A vessel shall not carry passengers, whether cabin or steerage passengers, on more than one deck below the water line. [Fifth.] (f) The height between that part of any deck on which steerage passengers are carried and the deck immediately above it shall not be less than six feet.

[Sixth.] (g) No steerage passengers shall be carried on the lowest passenger deck unless it is efficiently lighted by side scuttles and otherwise to the satisfaction of the inspector.

[Seventh.] (h) No greater number of steerage passengers shall be carried on the lowest passenger deck than in the proportion of one

steerage passenger to every twenty-one clear superficial feet allotted to their use. If, however, the height between the lowest passenger deck and the deck immediately above it is less than seven feet, and the apertures, exclusive of side scuttles, through which light and air are admitted are less in size than in the proportion of three square feet to every one hundred superficial feet of that deck, no greater number of steerage passengers shall be carried on that deck than in the proportion of one steerage passenger to every thirty clear superficial feet thereof, subject to the allowance for measurement of public rooms, lavatories, and bathrooms, if any, provided for by [paragraph ten] subsection (k) of this section.

[Eighth.] (i) No greater number of steerage passengers may be carried on a passenger deck than in the proportion of one steerage passenger to every eighteen clear superficial feet of deck allotted to their use, subject to the allowance for measurement of public rooms, lavatories, and bathrooms, if any, provided for by [paragraph ten] subsection (k) of this section. If, however, the height between any passenger deck and the deck immediately above it be less than seven feet, no greater number of steerage passengers may be carried on that deck than in the proportion of one steerage passenger to every twentyone clear superficial feet thereof, subject to the allowance for measurement of public rooms, lavatories, and bathrooms, if any, provided for by [paragraph ten] subsection (k) of this section.

[Ninth.]() A vessel, whatever be the superficial space of the passenger decks and of the lowest passenger deck, shall not carry a greater number of steerage passengers on the whole than in the proportion of one steerage passenger to every five superficial feet of air or promenade space provided on a deck so open as not to be included in the tonnage and approved by the inspector, and this space shall not be counted or included in the area available for any other passengers, or in other areas for steerage passengers prescribed by this section.

[Tenth.] (k) In the measurement of the passenger decks and of the lowest passenger deck, the space occupied by that part of the personal baggage of the steerage passengers which the inspector permits to be carried there shall be included, and also, on whatever deck located, commodious and suitable dining rooms, lounging rooms, smoking rooms, lavatories, toilet rooms, and bathrooms: Provided, That

[(a)] (1) The space in any place appropriated to the use of steerage passengers in which they sleep shall not be less than eighteen superficial feet in the case of the lowest passenger deck and fifteen superficial feet in the case of a passenger deck.

[(b)] (2) Each space so included in the measurement must be clearly marked to the satisfaction of the inspector as being exclusively appropriated for the use of the steerage passengers. [Eleventh.] (1) Each separate compartment in which steerage passengers are berthed shall be conspicuously marked, showing the total area of such compartments.

(m) If the number of steerage passengers carried or brought to a port or place in the United States from such foreign port or place in such a vessel, or in any compartment, space, poop, or deck house thereof, is greater than the number allowed to be carried or brought therein, respectirely, as hereinbefore prescribed, the master shall be fined $50 for each

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