§ 221. Vessels of United States and officers defined; officers to be citizens. Vessels registered pursuant to law and no others, except such as shall be duly qualified according to law for carrying on the coasting or fishing trade, shall be deemed vessels of the United States, and entitled to the benefits and privileges appertaining to such vessels; but no such vessel shall enjoy such benefits and privileges longer than it shall continue to be wholly owned by a citizen or citizens of the United States or a corporation created under the laws of any of the States thereof, and be commanded by a citizen of the United States. And all the officers of vessels of the United States who shall have charge of a watch, including pilots, shall in all cases be citizens of the United States. The word "officers" shall include the chief engineer and each assistant engineer in charge of a watch on vessels propelled wholly or in part by steam; and no person shall be qualified to hold a license as a commander or watch officer of a merchant vessel of the United States who is not a native-born citizen, or whose naturalization as a citizen shall not have been fully completed. In cases where on a foreign voyage, or on a voyage from an Atlantic to a Pacific port of the United States, any such vessel is for any reason deprived of the services of an officer below the grade of master, his place, or a vacancy caused by the promotion of another officer to such place, may be supplied by a person not a citizen of the United States until the first return of such vessel to its home port; and such vessel shall not be liable to any penalty or penal tax for such employment of an alien officer. REVISERS' NOTE The first sentence of this section is purely a Bureau of Customs matter except for the provision that a vessel of the United States must be commanded by a citizen. The second sentence requires that all watch officers, including pilots, on “vessels of the United States" be citizens. This requirement is merged with that from the first sentence requiring masters to be citizens. The third sentence up to the semicolon states that the word "officer" as used in the section includes the "chief engineer" and the watch engineer of certain vessels. This statement is technically deficient insofar as it attempts to bring engineer officers under the same requirements as deck officers. To say that a "chief engineer" is an "officer" under the preceding sentence is not enough, because that sentence applies only to officers who stand watches. Thus, though a chief engineer might be an "officer" he would not be an officer in charge of a watch and so not required to be a citizen. This error is corrected by the Revision. This same sentence up to the semicolon applies only to engineers on vessels "propelled wholly or in part by steam." The law is not so applied. Engineers licensed to work on motor vessels are also required to be citizens. The provisions of this third sentence after the semicolon correct the deficiency of the first clause with respect to engineers of motor vessels by expanding the requirement of citizenship to all watch officers on all "vessels of the United States." It does not correct the error as to chief engineers on either steam or motor vessels. The revision treats all in the same way. This sentence speaks of citizens "native born" or "completely naturalized." This distinction is not needed. A person is a citizen or not a citizen. The law need only require, as to licenses that a person be a "citizen." The last sentence of this section is a manning requirement and is transferred to the manning provisions. DISPOSITION Revision's 9102 covers up to the last sentence. § 222. Complement of officers and crew of vessels; penalties. If any such vessel is deprived of the service of any number of the crew including certificated lifeboat men, 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 lifeboat men, 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 section, 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. REVISERS' NOTE This section deals with manning requirements. Its provisions are separated from licensing by the Revision and placed in a "manning" chapter. Revision's 10001. DISPOSITION § 223. Minimum number of officers. The Coast Guard shall make an entry in the certificate of inspection of every ocean and coastwise seagoing merchant vessel of the United States propelled by machinery, and every ocean-going vessel carrying passengers, the minimum number of licensed deck officers required for her safe navigation according to the following scale: No such vessel shall be navigated unless she shall have on board and in her service one duly licensed master. Every such vessel of one thousand gross tons and over, propelled by machinery, shall have in her service and on board three licensed mates, who shall stand in three watches which such vessel is being navigated, unless such vessel is engaged in a run of less than four hundred miles from the port of departure to the port of final destination, then such vessel shall have two licensed mates; and every vessel of two hundred gross tons and less than one thousand gross tons, propelled by machinery, shall have two licensed mates. Every such vessel of one hundred gross tons and under two hundred gross tons, propelled by machinery, shall have on board and in her service one licensed mate, but if such vessel is engaged in a trade in which the time required to make the passage from the port of departure to the port of destination exceeds twenty-four hours, then such vessel shall have two licensed mates. Nothing in this section shall be so construed as to prevent the Coast Guard from increasing the number of licensed officers on any vessel subject to the inspection laws of the United States, if, in its judgment, such vessel is not sufficiently manned for her safe navigation: Provided, That this section shall not apply to fishing or whaling vessels, yachts, or motor boats as defined in act June 9, 1910, ch. 268, 36 Stat. 462, or to wrecking vessels. REVISERS' NOTE This section deals with manning requirements. Its provisions are separated from licensing by the Revision and placed in a "Manning" chapter. Revision's 10002. § 224. Licensing of officers. DISPOSITION The Coast Guard shall license and classify the masters, chief mates, and second and third mates, if in charge of a watch, engineers, and pilots of all steam vessels, and the masters of sail vessels of over seven hundred gross tons, and all other vessels of over one hundred gross tons carrying passengers for hire. It shall be unlawful to employ any person or for any person to serve as a master, chief mate, engineer, or pilot of any steamer or as master of any sail vessel of over seven hundred gross tons or of any other vessel of over one hundred gross tons carrying passengers for hire who is not licensed by the Coast Guard; and anyone violating this section shall be liable to a penalty of $100 for each offense. REVISERS' NOTE The provisions of this section are divisible. licensing and the second with manning. The first sentence deals with DISPOSITION Revision's 9101 covers the first sentence. Revision's 10001 (f) and (g) cover the second sentence. § 224a. Same; Officers' Competency Certificates Convention, 1936. (1) The Officers' Competency Certificates Convention, 1936 (International Labor Organization Draft Convention Numbered 53, "concerning the minimum requirement of professional capacity for masters and officers on board merchant ships"), as ratified by the President on September 1, 1938, with understandings appended, and this section shall apply to all vessels, however propelled, navigating on the high seas, which are registered, enrolled and licensed, or licensed under the laws of the United States, whether permanently, temporarily, or provisionally, including yachts enrolled and licensed, or licensed, with the exception of (a) ships of war; (a) (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; (d) unrigged vessels; (e) all vessels of less than two hundred gross tons. (2) All laws in effect on October 29, 1939, covering the issuance, duration, renewal, suspension, and revocation of licenses of masters, mates, chief engineers, and assistant engineers are made applicable to the issuance, duration, renewal, suspension, or revocation of licenses of masters, mates, chief engineers, and assistant engineers of all vessels to which the Officers' Competency Certificates Convention, 1936, and this section apply, to such extent and upon such conditions as may be required by the regulations of the Commandant of the Coast Guard: Provided, That examinations for licenses of masters, mates, chief engineers, and assistant engineers of fishing vessels, not subject to the inspection laws of the United States, shall be oral: Provided further, That applicants for licenses as masters, mates, chief engineers, and assistant engineers of fishing vessels not subject to the inspection laws of the United States shall not be required to obtain a certificate from the United States Public Health Service based upon the subject of ship sanitation, and first aid. (3) Any license issued (whether before, or on, or after, October 29, 1939,) to a master, mate, chief engineer, or assistant engineer of a vessel to which this section applies shall be deemed to be a certificate of competency for a master or skipper, navigating officer in charge of a watch, chief engineer, or engineer in charge of a watch, respectively. (4) No person shall be engaged to perform, or shall perform on board any vessel to which this section applies, the duties of master, mate, chief engineer, or assistant engineer unless he holds a license to perform such duties, issued in accordance with the provisions of subsection 2 of this section: Provided, That a license as master, mate, chief engineer, or assistant engineer, of vessels subject to this section may be issued without examination at any time prior to October 29, 1941, to any applicant who has had sufficient practical 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; 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 Certificates 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 October 29, 1939, 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 151 of Title 33; (b) the term "unrigged vessel" means any vessel that is not self-propelled. (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 October 29, 1939, except as hereinbefore provided. |