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 97 STAT. 556 PUBLIC LAW 98-89 —AUG. 26, 1983 § 8905. Exemptions (a) Section 8903 of this title applies to a recreational vessel operated in dealer demonstrations only if the Secretary decides that the application of section 8903 is necessary for recreational vessel safety under section 4302(d) of this title. (b) Section 8904 of this title does not apply to a vessel of less than 200 gross tons engaged in the offshore mineral and oil industry if the vessel has offshore mineral and oil industry sites or equipment as its ultimate destination or place of departure. § 8906. Penalty An owner, charterer, managing operator, agent, master, or indi- vidual in charge of a vessel operated in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of $1,000. The vessel also is liable in rem for the penalty. CHAPTER 91—TANK VESSEL MANNING STANDARDS Sec. 9101. Standards for foreign tank vessels. 9102. Standards for tank vessels of the United States. § 9101. Standards for foreign tank vessels (a) The Secretary shall— (1) periodically evaluate the manning, training, qualification, and watchkeeping standards prescribed by the certificating Ante, p. 520. country of a foreign vessel to which chapter 37 of this title applies, that operates on the navigable waters of the United States and transfers oil or hazardous material in a port or place under the jurisdiction of the United States; and (2) after each evaluation made under clause (1) of this subsec- tion, decide whether the foreign country, whose system for licensing and certification of seamen was evaluated, has stand- ards that are equivalent to or more stringent than United States standards or international standards accepted by the United States. (b) A foreign vessel to which chapter 37 of this title applies that has on board oil or hazardous material in bulk as cargo or cargo residue shall have a specified number of personnel certified as tankerman or equivalent, as required by the Secretary, when the vessel transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States. The requirement of this subsection shall be noted in applicable terminal operating proce- dures. A transfer operation may take place only if the crewmember in charge is capable of clearly understanding instructions in English. § 9102. Standards for tank vessels of the United States (a) The Secretary shall prescribe standards for the manning of each vessel of the United States to which chapter 37 of this title applies, related to the duties, qualifications, and training of the officers and crew of the vessel, including standards related to—

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Page:United States Statutes at Large Volume 97.djvu/589

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 557 (1) instruction in vessel and cargo handling and vessel naviga- tion under normal operating conditions in coastal and confined waters and on the high seas; (2) instruction in vessel and cargo handling and vessel naviga- tion in emei^ency situations and under marine casualty or potential casualty conditions; (3) qualifications for licenses by specific type and size of vessels; (4) qualifications for licenses by use of simulators for the practice or demonstration of marine-oriented skills; (5) minimum health and physical fitness criteria for various grades of licenses and certificates; (6) periodic retraining and special training for upgrading positions, changing vessel type or size, or assuming new respon- sibilities; and (7) decisions about licenses and certificates, conditions of licensing or certification, and periods of licensing or certifica- tion by reference to experience, amount of training completed, and regular performance testing. (b) The Secretary shall waive the application of criteria required Waiver. by subsection (a)(5) of this section for an individual having a license or certificate (including a renewal of the license or certificate) in effect on October 17, 1978. When the waiver is granted, the Secre- tary may prescribe conditions for the license or certificate and its renewal, as the Secretary decides are reasonable and necessary for the safety of a vessel on which the individual may be employed. CHAPTER 93—GREAT LAKES PILOTAGE Sec. 9301. Definitions. 9302. Great Lakes pilots required. 9303. United States roistered pilot service. 9304. Pilotage pools. 9305. Agreements with Canada. 9306. State regulation prohibited. 9307. Great Lakes Piloteige Advisory Committee. 9308. Penalties. § 9301. Defmitions In this chapter— (1) "Canadian registered pilot" means an individual (except a regular crewmember of a vessel) who is registered by Canada on the same basis as an individual registered under section 9303 of this title. (2) "Great Lakes" means Lakes Superior, Michigan, Huron, Erie, and Ontario, their connecting and tributary waters, the Saint Lawrence River as far east as Sednt Regis, and adjacent port areas. (3) "United States registered pilot" means an individual (except a regular crewmember of a vessel) who is registered under section 9303 of this title. § 9302. Great Lakes pilots required (a)(1) Except as provided in subsections (d) and (e) of this section, each vessel of the United States operating on register and each foreign vessel shall engage a United States or Canadian registered pilot for the route being navigated who shall—

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Page:United States Statutes at Large Volume 97.djvu/590

 97 STAT. 558 PUBLIC LAW 98-89 —AUG. 26, 1983 Presidential water designa- tions. Regulations on competency standards. Certificates. (A) in waters of the Great Lakes designated by the President, direct the navigation of the vessel subject to the customary authority of the master; and (B) in waters of the Great Lakes not designated by the Presi- dent, be on board and available to direct the navigation of the vessel at the discretion of and subject to the customary authority of the master. (2) The President shall make water designations under this sub- section with regard to the public interest, the effective use of navigable waters, marine safety, and the foreign relations of the United States. (b) An individual of a vessel licensed for navigation on the Great Lakes under section 7101 of this title, or equivalent provisions of Canadian law, and qualified for the route being navigated, may serve as the pilot required on waters not designated by the President. (c) The authority extended under subsections (a) and (b) of this section to a Canadian registered pilot or other Canadian licensed officer to serve on certain vessels in United States waters of the Great Lakes shall continue as long as Canada extends reciprocity to United States registered pilots and other individuals licensed by the United States for pilotage service in Canadian waters of the Great Lakes. (d) A vessel may be operated on the United States waters of the Great Lakes without a United States or Canadian registered pilot when— (1) the Secretary notifies the master that a registered pilot is not available; or (2) the vessel or its cargo is in distress or jeopardy. (e) A Canadian vessel regularly operating on the Great Lakes or between ports on the Great Lakes and the Saint Lawrence River, with only an occasional voyage to ports in the maritime provinces of Canada in the Canadian coastal trade, is exempt from subsections (a) and (b) of this section as long as Canada permits enrolled vessels of the United States to be operated on Canadian waters of the Great Lakes under the direction of individuals licensed under section 7101 of this title. § 9303. United States registered pilot service (a) The Secretary shall prescribe by regulation standards of com- petency to be met by each applicant for registration under this chapter. An applicant must— (1) have a license as master, mate, or pilot issued under section 7101 of this title; (2) have acquired at least 24 months licensed service or equiv- alent experience on vessels or integrated towing vessels and tows of at least 4,000 gross tons, operating on the Great Lakes or oceans, with a minimum of 6 months of that service or experi- ence having been on the Great Lakes; and (3) agree that, if appointed as a United States registered pilot, the applicant will be available for service when required. db) The Secretary shall issue to each registered pilot under this chapter a certificate of registration describing the areas within which the pilot may serve. The pilot shall carry the certificate when in the service of a vessel. (c) The Secretary shall prescribe by regulation the duration of validity of registration.

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Page:United States Statutes at Large Volume 97.djvu/591

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 559 5 USC 551-559. Ante, p. 546. Regulations on rates and charges. (d) The Secretary may prescribe by regulation the conditions for service by United States registered pilots, including availability for service. (e) Subject to sections 551-559 of title 5, the Secretary may suspend or revoke a certificate of registration issued under this section if the holder fails to comply with a regulation prescribed under this chapter. Suspension or revocation of the holder's license under chapter 77 of this title includes the holder's certificate of registration. (f) The Secretary shall prescribe by regulation rates and charges for pilotage services, giving consideration to the public interest and the costs of providing the services. § 9304. Pilotage pools (a) The Secretary may authorize the formation of a pool by a voluntary association of United States registered pilots to provide for efficient dispatching of vessels and rendering of pilotage services. (b) For pilotage pools, the Secretary may— (1) limit the number of the pools; (2) prescribe regulations for their operation and administra- tion; (3) prescribe a uniform system of accounts; (4) perform audits and inspections; and (5) require coordination on a reciprocal basis with similar pool arrangements authorized by the appropriate agency of Canada. § 9305. Agreements with Canada To provide for a coordinated system of pilotage service on the Great Lakes, the Secretary, subject to the concurrence of the Secre- tary of State, may make agreements with the appropriate agency of Canada to— (1) fix the number of pilots to be registered in each country; (2) provide for participation on an equitable basis; (3) prescribe joint or identical rates and charges; (4) coordinate pool operations; and (5) establish conditions for services by registered pilots. § 9306. State regulation prohibited A State or political subdivision of a State may not regulate or impose any requirement on pilotage on the Great Lakes. § 9307. Great Lakes Pilotage Advisory Committee (a) The Secretary may establish a Great Lakes Pilotage Advisory Committee. The Committee— (1) may review proposed Great Lakes pilotage regulations and policies and make recommendations to the Secretary that the Committee considers appropriate; (2) may make available to Congress recommendations that the Committee makes to the Secretary; and (3) shall meet at the call of the Secretary. (b) The Committee shall consist of 3 members appointed by the Membership. Secretary each of whom has at least 5 years practical experience in maritime operations. The term of each member is for a period of not more than 5 years, specified by the Secretary. Before filling a position on the Committee, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee. Notice, publica- tion in Federal Register.

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Page:United States Statutes at Large Volume 97.djvu/592

 97 STAT. 560 PUBLIC LAW 98-89 —AUG. 26, 1983 Travel expenses. (c) When attending meetings or otherwise serving at the request of the Secretary, a member of the Committee (except a member regularly employed by the United States Government) may be paid at a rate of not more than $75 a day. When serving away from home or regular place of business, the member may be allowed travel expenses, including per diem in lieu of subsistence as authorized by 5 USC 5703. section 5703 of title 5 for individuals employed intermittently in the Government service. § 9308. Penalties (a) An owner, charterer, managing operator, agent, master, or individued in charge of a vessel knowingly allowing the vessel to be operated in violation of section 9302 of this title is liable to the United States Government for a civil penalty of $500 for each day during which the vessel is in violation. The vessel also is liable in rem for the penalty. (b) An individual who directs the navigation of a vessel in viola- tion of section 9302 of this title is liable to the Government for a civil penalty of $500 for each day during which the violation occurs. (c) A person violating a regulation prescribed under section 9303 of this title is liable to the Government for a civil penalty of $500. PART G—MERCHANT SEAMEN PROTECTION AND REUEF CHAPTER 101—GENERAL Sec. lOlbl. Definitions. 10102. Designations and duties of shipping commissioners. 10103. Reports. 10104. Relations. § 10101. Definitions In this part— (1) "master" means the individual having command of a vessel owned by a citizen of the United States. (2) "owner" means the person to whom the vessel belongs. (3) "seaman" means an individual (except scientific personnel, a sailing school instructor, or a sailing school student) engaged or employed in any capacity on board a vessel owned by a citizen of the United States. § 10102. Designations and duties of shipping commissioners (a) The Secretary shall designate officers, employees, and mem- bers of the Coast Guard to act as shipping commissioners under this part. The Secretary may designate officers and employees of the Customs Service as shipping commissioners. (b) The general duties of shipping commissioners are to supervise the engagement and discharge of seamen. (c) The owner, charterer, managing operator, agent, or master of the vessel shall perform the duties of shipping commissioner when a shipping commissioner isnot available. § 10103. Reports (a) A master of a vessel to which section 8701(a) of this title applies, who engages or discharges a seaman without a shipping commissioner being present, shall submit reports in the form, con- tent, and manner of filing as prescribed by regulation, to ensure

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Page:United States Statutes at Large Volume 97.djvu/593

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 561 compliance with laws related to manning and the engagement and discharge of seamen. (b) This section does not apply to a ferry or towing vessel operated in connection with a ferry operation, employed only in trades other than with foreign ports, lakes, bays, sounds, bayous, canals, or harbors. § 10104. Regulations The Secretary may prescribe regulations to carry out this part. CHAPTER 103—FOREIGN AND INTERCOASTAL VOYAGES Sec. 10301. Application. 10302. Shipping articles agreements. 10303. Provisions. 10304. Form of agreement. 10305. Manner of signing agreement. 10306. Exhibiting merchant mariners' documents. 10307. Posting agreements. 10308. Foreign engagements. 10309. Engaging seamen to replace those lost by desertion or casualty. 10310. Discharge. 10311. Certificates of discharge. 10312. Settlements on discharge. 10313. Wages. 10314. Advances. 10315. Allotments. 10316. Trusts. 10317. Loss of lien and right to wages. 10318. Wages on discharge in foreign ports. 10319. Costs of a criminal conviction. 10320. Records of seamen. 10321. General penalty. § 10301. Application (a) Except as otherwise specifically provided, this chapter applies to a vessel of the United States— (1) on a voyage between a port in the United States and a port in a foreign country (except a port in Canada, Mexico, or the West Indies); or (2) of at least 75 gross tons on a voyage between a port of the United States on the Atlantic Ocean and a port of the United States on the Pacific Ocean. (b) This chapter does not apply to a vessel on which the seamen are entitled by custom or agreement to share in the profit or result of a voyage. (c) Unless otherwise provided, this chapter does not apply to a foreign vessel. § 10302. Shipping articles agreements (a) Before proceeding on a voyage, the master of a vessel to which this chapter applies shall make a shipping articles agreement in writing with each seaman in the crew. db) The agreement shall contain the following: (1) the nature, and, as far as practicable, the duration of the intended voyage, and the port or country in which the voyage is to end. (2) the number and description of the crew and the capacity in which each seaman is to be engaged.

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 97 STAT. 562 PUBLIC LAW 98-89 —AUG. 26, 1983 Meals. Posted copy of text. (3) the time at which each seaman is to be on board to begin work. (4) the amount of wages each seaman is to receive. (5) regulations about conduct on board, and information on fines, short allowance of provisions, and other punishment for misconduct provided by law. (6) a scale of the provisions that are to be provided each seaman. (7) any stipulation in reference to advances and allotments of w£^es. (8) other matters not contrary to law. § 10303. Provisions (a) A seaman shall be served at least 3 meals a day that total at least 3,100 calories, including adequate water and adequate protein, vitamins, and minerals in accordance with the United States Recom- mended Daily Allowances. (b) The text of subsection (a) of this section shall be included in the agreement required by section 10302 of this title. A copy of the text also shall be posted in a conspicuous place in the galley and forecas- tle of each vessel. (c) This section does not apply to a fishing or whaling vessel or a yacht. § 10304. Form of agreement The form of the agreement required by section 10302 of this title shall be in substance as follows: UNITED STATES OF AMERICA (Date and place of first signature of agreement): It is agreed between the master and seamen of the , of which is at present master, or whoever shall go for master, now bound from the port of to (here the voyage is to be described, and the places named at which the vessel is to touch, or if that cannot be done, the general nature and probable length of the voyage is to be stated). The seamen agree to conduct themselves in an orderly, faithful, honest, and sober manner, and to be at all times diligent in their respective duties, and to be obedient to the lawful commands of the master, or of an individual who lawfully succeeds the master, and of their superior officers in everything related to the vessel, and the stores and cargo of the vessel, whether on board, in boats, or on shore. In consideration of this service by the seamen to be per- formed, the master agrees to pay the crew, as wages, the amounts beside their names respectively expressed, and to supply them with provisions according to the annexed scale. It is agreed that any embezzlement, or willful or negligent de- struction of any part of the vessel's cargo or stores, shall be made good to the owner out of the wages of the person guilty of the embezzlement or destruction. If an individual holds himself or herself out as qualified for a duty which the individual proves incompetent to perform, the individ- ual's wages shall be reduced in proportion to the incompetency. It also is agreed that if a seaman considers himself or herself to be aggrieved by any breach of this agreement or otherwise, the seaman

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Page:United States Statutes at Large Volume 97.djvu/595

 PUBLIC LAW 98-89—AUG. 26, 1983 97 STAT. 563 shall present the complaint to the master or officer in charge of the vessel, in a quiet and orderly manner, who shall take steps that the case requires. It also is agreed that (here any other stipulations may be inserted to which the parties agree, and that are not contrary to law). In witness whereof, the parties have subscribed their names to this agreement, on the dates beside their respective signatures. Signed by, master, on the day of, nineteen hundred and Signature of seaman Birthplace Age Height: Feet Inches Description: Complexion Hair Wages each month Wages each voyage Advance wages Amount of monthly allotment Time of service: Months Days Hospital money Whole wages Wages due Place and time of entry Time at which seaman is to be onboard In what capacity Shipping commissioner's signa- ture or initials Allotment payable to Conduct qualifications NOTE.—In the place for signature and descriptions of individuals engaged after the first departure of the vessel, the entries are to be made as above, except that the signature of the consul or vice consul, customs officer, or witness before whom the individued is engaged, is to be entered. § 10305. Manner of signing agreement (a) The agreement required by section 10302 of this title shall be signed— (1) first by the master and dated at that time, after which each seaman shall sign; and (2) in the presence of a shipping commissioner. (b) When the crew is first engaged, the agreement shall be signed in duplicate. One of the copies shall be retained by the shipping commissioner. The other copy shall contain space for the description and signatures of seamen engaged subsequent to the first making of the agreement, and shall be delivered to the master. (c) An agreement signed before a shipping commissioner shall be acknowledged and signed by the commissioner on the agreement in the manner and form prescribed by regulation. The acknowlecfe- ment and certification shall include a statement by the commis- sioner that the seaman— (1) has read the agreement; (2) is acquainted with and understands its conditions; and (3) has signed it freely and voluntarily when sober.

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Page:United States Statutes at Large Volume 97.djvu/596

 97 STAT. 564 PUBLIC LAW 98-89 —AUG. 26, 1983 § 10306. Exhibiting^ merchant mariners* documents Before signing the agreement required by section 10302 of this title, each individual required by section 8701 of this title to have a merchant mariner's document shall exhibit to the shipping commis- sioner a document issued to the individual, appropriately endorsed for the capacity in which the individual is to serve. § 10307. Posting agreements At the beginning of a voyage, the master shall have a legible copy of the agreement required by section 10302 of this title, omitting Civil penalty. signatures, exhibited in a part of the vessel accessible to the crew. A master violating this section is liable to the United States Govern- ment for a civil penalty of $100. § 10308. Foreign engagements (a) When a seaman is engaged outside the United States, the agreement required by section 10302 of this title shall be signed in the presence of a consular officer. If a consular officer is not available at the port of engagement, the seaman may be engaged, and the agreement shall be signed in the next port at which a consular officer is available. Civil penalty. (b) A master engaging a seaman in violation of this section is liable to the United States Government for a civil penalty of $100. The vessel also is liable in rem for the penalty. §10309. Engaging seamen to replace those lost by desertion or (Casualty (a) If a desertion or casualty results in the loss of at least one seaman, the master shall engage, if obtainable, a number equal to the number of seamen of whose services the master has been deprived. The new seaman must have at least the same grade or rating as the seaman whose place the new seaman fills. The master shall report the loss and replacement to a consular officer at the first port at which the master arrives. Civil penalty. (b) The master is liable to the United States Government for a civil penalty of $200 for each report not made. The vessel also is liable in rem for the penalty. (c) This section does not apply to a fishing or whaling vessel or a yacht. § 10310. Discharge A master shall deliver to a seaman or a shipping commissioner a full and true account of the seaman's wages and all deductions at Civil penalty. least 48 hours before paying off or discharging the seaman. A master failing to deliver the account is liable to the United States Government for a civil penalty of $50. § 10311. CertiHcates of discharge (a) On discharging a seaman and paying the seaman's wages, the shipping commissioner shall provide the seaman with a certificate of discharge. The form of the certificate shall be prescribed by regula- tion. It shall contain— (1) the name of the seaman; (2) the citizenship or nationality of the seaman; (3) the number of the seaman's merchant mariner's document;

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Page:United States Statutes at Large Volume 97.djvu/597

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 565 Restricted record inspection. (4) the name and official number of the vessel; (5) the nature of the voyage (foreign, intercoastal, or coastwise); (6) the propulsion class of the vessel; (7) the date and place of engagement; (8) the date and place of discharge; and (9) the seaman's capacity on the voyage. 03) The certificate of discharge may not contain a reference about the character or ability of the seaman. The certificate shall be signed by the master, the seaman, and the shipping commissioner as witness. (c) A certificate of discharge may not be issued if the seaman holds a continuous discharge book. The entries shall be made in the discharge book in the same manner as the entries required by subsection (a) of this section. (d)(1) A record of each discharge shall be maintained by the Secretary in the manner and location prescribed by regulation. The records may not be open for general or public use or inspection. (2) A duplicate of a record of discharge shall be issued to a seaman at a cost prescribed by regulation. (e) This section does not apply to a fishing or whaling vessel or a yacht. § 10312. Settlements on discharge (a) When discharge and settlement are completed, the master or owner and each seaman shall sign the agreement required by section 10302 of this title in the presence of a shipping commis- sioner. The commissioner shall sign the agreement and retain a copy. When signed, it shall serve as a mutual release of all claims for wages for the voyage. (b) In a dispute about wages or deductions, if the parties agree in writing to submit the dispute to a shipping commissioner, the award made by the commissioner is conclusive in any subsequent legal proceeding. A document signed and sealed by a shipping commis- sioner purporting to be the award is prima facie evidence of the award. (c) In a proceeding before a shipping commissioner related to the wages, claims, or discharge of a seaman, the shipping commissioner may call on the owner, charterer, managing operator, agent, master, or a seaman to produce logbooks or other documents about a matter in question, and may summon before the commissioner and examine any person on the matter. An owner, charterer, managing operator. Civil penalty agent, master, or seaman failing on summons to produce a docu- ment in the possession or control of the owner, charterer, managing operator, agent, master, or seaman, or to give evidence, without reasonable cause, is liable to the United States Government for a civil penalty of $100. On application of the shipping commissioner, the owner, charterer, mane^ng operator, agent, master, or seaman may be punished by a district court of the United States as in other cases of contempt of court. (d) On request, a certified copy of an agreement may be provided to a party to the agreement and is admissible in evidence with the effect of the original in any subsequent proceeding. (e) When a seaman has been discharged before a shipping commis- sioner, only the agreement is evidence of the release or satisfaction of any claim. Disputed wages or deductions.

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Page:United States Statutes at Large Volume 97.djvu/598

 97 STAT. 566 PUBLIC LAW 98-89 —AUG. 26, 1983 Improper discharge, compensation. Delayed payment. (f) If a discharge is made under this section, the shipping commis- sioner, at the request of the master, shall provide the master with a signed statement of the total amount of wages paid. Between the master and the employer, the statement shall be received as evi- dence that the master has made the payments as stated. § 10313. Wages (a) A seaman's entitlement to wages and provisions begins when the seaman begins work or when specified in the agreement re- quired by section 10302 of this title for the seaman to begin work or be present on board, whichever is earlier. (b) Wages are not dependent on the earning of freight by the vessel. When the loss or wreck of the vessel ends the service of a seaman before the end of the period contemplated in the agreement, the seaman is entitled to wages for the period of time actually served. The seaman shall be deemed a destitute seaman under section 11104 of this title. This subsection applies to a fishing or whaling vessel but not a yacht. (c) When a seaman who has signed an agreement is discharged improperly before the beginning of the voyage or before one month's wages are earned, without the seaman's consent and without the seaman's fault justifying discharge, the seaman is entitled to receive from the master or owner, in addition to wages earned, one month's wages as compensation. (d) A seaman is not entitled to wages for a period during which the seaman— (1) unlawfully failed to work when required, after the time fixed by the agreement for the seaman to begin work; or (2) lawfully was imprisoned for an offense, unless a court hearing the case otherwise directs. (e) After the beginning of the voyage, a seaman is entitled to receive from the master, on demand, one-half of the balance of wages earned and unpaid at each port at which the vessel loads or delivers cargo during the voyage. A demand may not be made before the expiration of 5 days from the beginning of the voyage, not more than once in 5 days, and not more than once in the same port on the same entry. If a master does not comply with this subsection, the seaman is released from the agreement and is entitled to payment of all wages earned. Notwithstanding a release signed by a seaman under section 10312 of this title, a court having jurisdiction may set aside, for good cause shown, the release and take action that justice requires. This subsection does not apply to a fishing or whaling vessel or a yacht. However, this subsection applies to a vessel taking oysters. (f) At the end of a voyage, the master shall pay each seaman the balance of wages due the seaman within 24 hours after the cargo has been discharged or within 4 days after the seaman is discharged, whichever is earlier. When a seaman is discharged and final pay- ment of wages is delayed for the period permitted by this subsection, the seaman is entitled at the time of discharge to one-third of the wages due the seaman. (g) When payment is not made as provided under subsection (f) of this section without sufficient cause, the master or owner shall pay to the seaman 2 days' wages for each day payment is delayed. (h) Subsections (f) and (g) of this section do not apply to a fishing or whaling vessel or a yacht. However, subsections (f) and (g) apply to a vessel taking oysters.

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Page:Folk-lore - A Quarterly Review. Volume 11, 1900.djvu/177

Rh Hale of a Sakai chief at one of those fruit festivals so characteristic of the Malay peninsula. "To the Hantus (spirits)," he replied—"the Hantus of the forest, of the mountains, of the rivers, the Hantus of the Sakai chiefs who are dead, the Hantus of head-ache and stomach-ache, the Hantus that make people gamble and smoke opium, the Hantus that send disputes, and the Hantus that send mosquitoes." Now^ are all these Hantus, animistically speaking, on a par, or are some original, others derived? I take it that I am at one with most orthodox upholders of Animism in supposing the Hantus of the dead to be the original animæ whence the rest have derived their distinctively animistic, that is to say ghostly, characteristics. For this view it will perhaps be enough to allege a single reason. The revenant of dream and hallucination in its actual appearance to the senses, presents so exactly and completely the type to which every spirit, however indirect its methods of self-manifestation, is believed and asserted to conform, that I am personally content to regard this conclusion as one amongst the few relative certainties which Anthropology can claim to have established in the way of theory. Suppose this granted, then we find ourselves confronted with the following important train of questions, yielding us a definite nucleus and rallying-point for our present inquiry: " How came an animistic colour to be attached to a number of things not primarily or obviously connected with death and the dead? What inherent general character of their own suggested to man's mind the grouping together of the multifarious classes of so-called 'spiritual' phenomena as capable of common explanation? Was not this common explanation the outcome of a common regard, a common and yet highly specific feeling or emotion? And is not this feeling related to the ideas wherein it finds as it were symbolical expression—as for example to the animistic


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Page:United States Statutes at Large Volume 97.djvu/599

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 567 (i) This section applies to a seaman on a foreign vessel when in a harbor of the United States. The courts are available to the seaman for the enforcement of this section. § 10314. Advances (a)(1) A person may not— (A) pay a seaman wages in advance of the time when the seaman has earned the wages; (B) pay advance wages of the seaman to another person; or (C) make to another person an order, note, or other evidence of indebtedness of the wages, or pay another person, for the engagement of seamen when payment is deducted or to be deducted from the seaman's wage. (2) A person violating this subsection is liable to the United States Civil penalty. Government for a civil penalty of not more than $500. A payment made in violation of this subsection does not relieve the vessel or the master from the duty to pay all wages after they have been earned. (b) A person demanding or receiving from a seaman or an Individ- Civil penalty. ual seeking employment as a seaman, remuneration for providing the seaman or individual with employment, is liable to the Govern- ment for a civil penalty of not more than $500. (c) This section applies to a foreign vessel when in waters of the United States. An owner, charterer, managing operator, agent, or master of a foreign vessel violating this section is liable to the Government for the same penalty as an owner, charterer, managing operator, agent, or master of a vessel of the United States for the same violation. (d) The owner, charterer, managing operator, agent, or master of a vessel seeking clearance from a port of the United States shall present the agreement required by section 10302 of this title at the office of clearance. Clearance may be granted to a vessel only if this section has been complied with. (e) This section does not apply to a fishing or whaling vessel or a yacht. However, this section applies to a vessel taking oysters. § 10315. Allotments (a) Under prescribed regulations, a seaman may stipulate as follows in the agreement required by section 10302 of this title for an allotment of any part of the wages the seaman may earn: (1) to the seaman's grandparents, parents, spouse, sister, brother, or children; (2) to an agency designated by the Secretary of the Treasury to handle applications for United States savings bonds, to pur- chase bonds for the seaman; and (3) for deposits to be made in an account for savings or investment opened by the seaman and maintained in the sea- man's name at a savings bank or a savings institution in which the accounts are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corpo- ration. (b) An allotment is valid only if made in writing and signed by and approved by a shipping commissioner. The shipping commissioner shall examine allotments and the parties to them to enforce compli- ance with the law. Stipulations for allotments made at the begin- ning of a voyage shall be included in the agreement and shall state the amounts and times of payment and the person to whom pay- ments are to be made.

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 168 idea—as something universal and fixed to something particular and transitory?"

Now by way of answer to these questions, let me repeat, I have no brand-new theory to propound. The doctrine that I now wish to formulate unambiguously, and at the same time, so far as may be possible within the limits of a short article, to supply with a basis of illustrative fact, is one that in a vague and general form constitutes a sort of commonplace with writers on Religious Origins. These writers for the most part profess, though not always in very plain or positive terms, to discern beneath the fluctuating details of its efforts at self-interpretation, a certain Religious Sense, or, as many would call it, Instinct, whereof the component "moments" are Fear, Admiration, Wonder, and the like, whilst its object is, broadly speaking, the Supernatural. Now that this is roughly and generally true no one, I think, is likely to deny. Thus to put the matter as broadly as possible, whether we hold with one extreme school that there exists a specific religious instinct, or whether we prefer to say with the other that man's religious creeds are a by-product of his intellectual development, we must, I think, at any rate admit the fact that in response to, or at any rate in connection with, the emotions of Awe, Wonder, and the like, wherein feeling would seem for the time being to have outstripped the power of "natural," that is reasonable, explanation, there arises in the region of human thought a powerful impulse to objectify and even personify the mysterious or "supernatural " something felt, and in the region of will a corresponding impulse to render it innocuous, or better still propitious, by force of constraint, communion, or conciliation. Supernaturalism then, as this universal feeling taken at its widest and barest may be called, might, as such, be expected to prove not only logically but also in some sense chronologically prior to Animism, constituting as the latter does but a particular ideal embodiment of the former.


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 97 STAT. 568 PUBLIC LAW 98-89 —AUG. 26, 1983 Civil penalty. (c) Only an allotment complying with this section is lawful. A person fedsely claiming qualification as an allottee under this sec- tion is liable to the United States Government for a civil penalty of not more than $500. (d) The owner, charterer, managing operator, agent, or master of a vessel seeking clearance from a port of the United States shall present the agreement at the office of clearance. Clearance may be granted to a vessel only if this section has been complied with. (e) This section applies to a foreign vessel when in waters of the United States. An owner, charterer, managing operator, agent, or master of a foreign vessel violating this section is liable to the Government for the same penalty as an owner, charterer, managing operator, agent, or master of a vessel of the United States for the same violation. § 10316. Trusts Sections 10314 and 10315 of this title do not prevent an employer from making deductions from the wages of a seaman, with the written consent of the seaman, if— (1) the deductions are paid into a trust fund established only for the benefit of seamen employed by that employer, and the families and dependents of those seamen (or of those seamen, families, and dependents jointly with other seamen employed by other employers, and the families and dependents of the other seamen); and (2) the pa3mients are held in trust to provide, from principal or interest, or both, any of the following benefits for those seamen and their families and dependents: (A) medical or hospital care, or both. (B) pensions on retirement or death of the seaman. (C) life insurance. (D) unemployment benefits. (E) compensation for illness or injuries resulting from occupational activity. (F) sickness, accident, and disability compensation. (G) purchasing insurance to provide any of the benefits specified in this section. § 10317. Loss of lien and right to wages A master or seaman by any agreement other than one provided for in this chapter may not forfeit the master's or seaman's lien on the vessel or be deprived of a remedy to which the master or seaman otherwise would be entitled for the recovery of wages. A stipulation in an agreement inconsistent with this chapter, or a stipulation by which a seaman consents to abandon a right to wages if the vessel is lost, or to abandon a right the seaman may have or obtain in the nature of salvage, is void. § 10318. Wages on discharge in foreign ports (a) When a master or seaman applies to a consular officer for the discharge of the seaman, the consular officer shall require the master to pay the seaman's wages if it appears that the seaman has carried out the ajgreement required by section 10302 of this title or otherwise is entitled to be discharged. Then the consular officer shall discharge the seaman. A consular officer shall require the payment of extra wages only as provided in this section or in Post, p. 574. chapter 109 of this title.

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 569 db) When discharging a seaman, a consular officer who fails to require the payment of the wages due a seaman at the time, and of the extra wages due under sul^ection (a) of this section, is account- able to the United States Government for the total amount. (c) A seaman discharged under this section with the consent of the seaman is entitled to wages up to the time of discharge, but not for any additional period. (d) If the seaman is discharged involuntarily, and it appears that the discharge was not because of neglect of duty, incompetency, or injury incurred on the vessel, the master shall provide the seaman with employment on a vessel agreed to by the seaman or shall provide the seaman with one month's extra wages. (e) Expenses for the maintenance and return of an ill or injured seaman to the United States shall be paid by the Secretary of State. If a seaman is incapacitated by illness or injury and prompt dis- charge is necessary, but a personal appearance of the master before a consular officer is impracticable, the master may provide transpor- tation to the seaman to the nearest consular officer for discharge. (f) A deduction from wages of the sesmian is permitted only if the deduction appears in the account of the seaman required to be delivered under section 10310 of this title, except for matters arising after delivery of the account, in which case a supplementary account is required. During a voyage, the master shall record in the official logbook the matters about which deductions are to be made with the amounts of the deductions. The entries shall be made as the matters occur. The master shall produce the official logbook at the time of payment of wages, and also before a competent authority on the hearing of any complaint or question about the payment of wages. § 10319. Costs of a criminal conviction In a proceeding about a seaman's wages, if it is shown that the seaman was convicted during the voyage of an offense by a compe- tent tribunal and sentenced by the tribunal, the court hearing the case may direct that a part of the wages due the seaman, but not more than $15, be applied to reimburse the master for costs properly incurred in procuring the conviction and sentence. § 10320. Records of seamen The Secretary may prescribe regulations for reporting by a master of matters about the engagement, discharge, or service of seamen that may be needed in keeping central records of seamen. § 10321. General penalty The owner, charterer, managing operator, agent, or master of a vessel on which a seaman is carried in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of $200 for each seaman carried in violation. The vessel also is liable in rem for the penalty. CHAPTER 105—COASTWISE VOYAGES Sec. 10501. Application. 10502. Shipping articles agreements. 10503. Exhibiting merchant mariners' documents. 10504. Wages. 10505. Advances. 10506. Trusts.

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 97 STAT. 570 PUBLIC LAW 98-89 —AUG. 26, 1983 10507. Duties of shipping commissioners. 10508. General penalties. 10509. Penalty for failing to begin voyage. § 10501. Application Ante, p. 561. (a) Except for a vessel to which chapter 103 of this title applies, this chapter applies to a vessel of at least 50 gross tons on a voyage between a port in one State and a port in another State (except an adjoining State). (b) This chapter does not apply to a vessel on which the seamen are entitled by custom or agreement to share in the profit or result of a voyage. (c) Unless otherwise provided, this chapter does not apply to a foreign vessel. § 10502. Shipping articles agreements (a) Before proceeding on a voyage, the master of a vessel to which this chapter applies shall make a shipping articles agreement in writing with each seaman on board, declaring the nature of the voyage or the period of time for which the seaman is engaged. (b) The agreement shall include the date and hour on which the seaman must be on board to begin the voyage. (c) The agreement may not contain a provision on the allotment of wages or a scale of provisions. § 10503. Exhibiting merchant mariners' documents Before signing the agreement required by section 10502 of this title, a seaman required by section 8701 of this title to have a merchant mariner's document shall exhibit to the master a docu- ment issued to the seaman and appropriately endorsed for the capacity in which the seaman is to serve. § 10504. Wages (a) After the beginning of a voyage, a seaman is entitled to receive from the master, on demand, one-half of the balance of wages earned and unpaid at each port at which the vessel loads or delivers cargo during the voyage. A demand may not be made before the expiration of 5 days from the beginning of the voyage, not more than once in 5 days, and not more than once in the same port on the same entry. If a master does not comply with this subsection, the seaman is released from the agreement required by section 10502 of this title and is entitled to payment of all wages earned. Notwithstanding a release signed by a seaman under section 10312 of this title, a court having jurisdiction may set aside, for good cause shown, the release and take action that justice requires. This subsection does not apply to a fishing or whaling vessel or a yacht. However, this subsection applies to a vessel taking oysters. (b) The master shall pay a seaman the balance of wages due the seaman within 2 days after the termination of the agreement re- quired by section 10502 of this title or when the seaman is dis- charged, whichever is earlier. Delayed (c) When payment is not made as provided under subsection (b) of payment. ^jjjg ggction without Sufficient cause, the master or owner shall pay to the seaman 2 days' wages for each day payment is delayed. (d) Subsections (b) and (c) of this section do not apply to a fishing or whaling vessel or a yacht. However, subsections (b) and (c) apply to a vessel taking oysters.

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 PUBLIC LAW 98-89 —AUG. 26, 1983 (e) This section applies to a seaman on a foreign vessel when in harbor of the United States. The courts are available to the seaman for the enforcement of this section. 97 STAT. 571 advance of the time when the § 10505. Advances (a)(1) A person may not— (A) pay a seaman wages m seaman has earned the wages; (B) pay advance wages of the seaman to another person; or (C) make to another person an order, note, or other evidence of indebtedness of the wages, or pay another person, for the engagement of seamen when payment is deducted or to be deducted from the seaman's wage. (2) A person violating this subsection is liable to the United States Civil penalty. Government for a civil penalty of not more than $100. A payment made in violation of this subsection does not relieve the vessel or the master from the duty to pay all wages after they have been earned. Ob) A person demanding or receiving from a seaman or an Individ- Civil penalty. ual seeking employment as a seaman, remuneration for providing the seaman or individual with employment, is liable to the Govern- ment for a civil penalty of not more than $500. (c) The owner, charterer, managing operator, agent, or master of a vessel seeking clearance from a port of the United States shall present the agreement required by section 10502 of this title at the office of clearance. Clearance may be granted to a vessel only if this section has been complied with. (d) This section does not apply to a fishing or whaling vessel or a yacht. However, this section applies to a vessel taking oysters. § 10506. Trusts Section 10505 of this title does not prevent an employer from making deductions from the wages of a seaman, with the written consent of the seaman, if— (1) the deductions are paid into a trust fund established only for the benefit of seamen employed by that employer, and the families and dependents of those seamen (or of those seamen, families, and dependents jointly with other seamen employed by other employers, and the families and dependents of the other seamen); and (2) the payments are held in trust to provide, from principal or interest, or both, any of the following benefits for those seamen and their families and dependents: (A) medical or hospital care, or both. (B) pensions on retirement or death of the seaman. (C) life insurance. (D) unemployment benefits. (E) compensation for illness or injuries resulting from occupational activity. (F) sickness, accident, and disability compensation. (G) purchasing insurance to provide any of the benefits specified in this section. § 10507. Duties of shipping commissioners (a) At the option of the owner or master of a vessel to which this chapter applies, a shipping commissioner may engage and discharge the crew.

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 97 STAT. 572 PUBLIC LAW 98-89 —AUG. 26, 1983 (b) When a crew is engaged under this section, sections 10302, 10303, 10305, 10307, 10311, 10312, 10313(bHf), and 10321, and chap- infra. ter 107 of this title apply. § 10508. General penalties (a) A master who carries a seaman on a voyage without first making the agreement required by section 1050^ of this title shall pay to the seaman the highest wage that was paid for a similar voyage within the 3 months before the time of engagement at the port or place at which the seaman was engaged. A seaman who has not signed an agreement is not bound by the applicable r^ulations, penalties, or forfeitures. (b) A master engaging a seaman in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of $20. The vessel also is liable in rem for the penalty. § 10509. Penalty for failing to begin voyage (a) A seaman who fails to be on board at the time contained in the agreement required by section 10502 of this title, without having given 24 hours' notice of inability to do so, shall forfeit, for each hour's lateness, one-half of one day's pay to be deducted from the seaman's wages if the lateness is recorded in the official logbook on the date of the violation. (b) A seaman who does not report at all or subsequently deserts forfeits all wages. (c) This section does not apply to a fishing or whaling vessel or a yacht. CHAPTER 107—EFFECTS OF DECEASED SEAMEN Sec. 10701. Application. 10702. Duties of masters. 10703. Procedures of mtisters. 10704. Duties of consular officers. 10705. Disposition of money, proper^, and wages by consular officers. 10706. Seamen dying in the United States. 10707. Delivery to district court. 10708. Sale of property. 10709. Distribution. 10710. Uncl£dmed money, property, and wages. 10711. Penalties. § 10701. Application (a) Except as otherwise specifically provided, this chapter applies to a vessel on a voyage between— (1) a port of the United States and a port in a foreign country (except a port in Canada, Mexico, and the West Indies); and (2) a port of the United States on the Atlantic Ocean and a port of the United States on the Pacific Ocean. (b) This chapter does not apply to a vessel on which a seaman by custom or agreement is entitled to share in the profit or result of a voyage. (c) This chapter does not apply to a foreign vessel. § 10702. Duties of masters (a) When a seaman dies during a voyage, the master shall take charge of the seaman's money and property. An entry shall be made

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 573 in the official logbook, signed by the master, the chief mate, and an unlicensed crewmember containing an inventory of the money and property and a statement of the wages due the seaman, with the total of the deductions to be made. (b) On compliance with this chapter, the master shall obtain a ciompliance written certificate of compliance from a shipping commissioner, certificate. Clearance may be granted to a foreign-bound vessel only when the certificate is received at the office of customs. § 10703. Procedures of masters (a) If the vessel is proceeding to the United States when a seaman dies, the master shall deliver the seaman's money, property, and wages when the ^reement required by this part is ended, as provided by regulations prescribed by the Secretary. (b) If the vessel touches at a foreign port after the death of the seaman, the master shall report to the first available consular officer. The consular officer may require the master to deliver to the officer the money, property, and wages of the seaman. The consular officer shall give the master a receipt for the matters delivered and certify on the agreement the particulars of the deliv- ery. When the agreement ends, the master shall deliver the receipt as prescribed by regulations. (c) If the consular officer does not require the master to deliver the seaman's money, property, and wages, the officer shall so certify on the agreement, and the master shall dispose of the money, property, and wages as provided under subsection (a) of this section. (d) A deduction from the account of a deceased seaman is valid only if certified by a proper entry in the officisd logbook. § 10704. Duties of consular officers When a seaman dies outside the United States leaving money or property not on board a vessel, the consular officer nearest the place at which the money and property is located shall claim and take charge of it. § 10705. Disposition of money, property, and wages by consular officers When money, property, or wages of a deceased seaman comes into possession of a consular officer, the officer may— (1) sell the property and remit the proceeds and other money or wages of the seaman the officer has received, to the district court of the United States for the district in which the voyage begins or ends; or (2) deliver the money, property, and wages to the district court. § 10706. Seamen dying in the United States When a seaman dies in the United States and is entitled at death to claim money, property, or wages from the master or owner of a vessel on which the seaman served, the master or owner shall deliver the money, property, and wages as provided by regulations prescribed by the Secretary. § 10707. Delivery to district court The Secretary shall provide for the delivery to a district court of the United States of the money, property, and wages of a deceased seaman within one week from the date of receipt.

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 97 STAT. 574 PUBLIC LAW 98-89 —AUG. 26, 1983 § 10708. Sale of property A district court of the United States may direct the sale of any part of the property of a deceased seaman. Proceeds of the sale shall be held as wages of the seaman are held. § 10709. Distribution (a)(1) If the money, property, and wages of a seaman, including proceeds from the sale of property, are not more then $1,500 in value, and subject to deductions it allows for expenses and at least 60 days after receiving the money, property, and wages, the court may deliver the money, property, and wages to a claimemt proving tobe— (A) the seaman's surviving spouse or child; (B) entitled to the money, property, and wages under the seaman's wUl or under a law or at common law; or (C) entitled to secure probate, or take out letters of adminis- tration, although no probate or letters of administration have been issued. (2) The court is released from further liability for the money, property, and wages distributed under paragraph (1) of this subsection. (3) Instead of acting under paragraphs (1) and (2) of this subsec- tion, the court may require probate or letters of administration to be taken out, and then deliver the money, property, and wages to the legal representative of the seaman. (b) If the money, property, and wages are more than $1,500 in value, the court, subject to deductions for expenses, shall deliver the money, property, and wages to the legal representative of the seaman. § 10710. Unclaimed money, property, and wages (a) When a claim for the money, property, or wages of a deceased seaman held by a district court of the United States has not been substantiated within 6 years after their receipt by the court, the court, if a subsequent claim is made, may allow or refuse the claim. (b) If, after money, property, and wages have been held by the court for 6 years, it appears to the court that no claim will have to be satisfied, the property shall be sold. The money and wages and the proceeds from the sale shall be deposited in the Treasury trust fund receipt account "Unclaimed Moneys of Individuals Whose Whereabouts are Unknown". § 10711. Penalties An owner or master violating this chapter are each liable to the United States Government for a civil penalty of 3 times the value of the seaman's money, property, and wages involved or, if the value is not determined, of $200. CHAPTER 109—PROCEEDINGS ON UNSEAWORTHINESS Sec 10901. Application. 10902. Clomplaints of unfitness. 10903. Proceedings on examination of vessel. 10904. Refusal to proceed. 10905. Complaints in foreign ports.

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 575 10906. Discharge of crew for unsuitability. 10907. Permission to make complaint. 10908. Penalty for sending unseaworthy vessel to sea. § 10901. Application This chapter applies to a vessel of the United States except a fishing or whaling vessel or a yacht. § 10902. Complaints of unfitness (a)(l) If the chief and second mates or a majority of the crew of a vessel ready to begin a voyage discover, before the vessel leaves harbor, that the vessel is unfit as to crew, hull, equipment, tackle, machinery, apparel, furniture, provisions of food or water, or stores to proceed on the intended voyage and require the unfitness to be inquired into, the master immediately shall apply to the district court of the United States at the place at which the vessel is located, or, if no court is being held at the place at which the vessel is located, to a judge or justice of the peace, for the appointment of surveyors. At least 2 complaining seamen shall accompany the master to the judge or justice of the peace. (2) A master failing to comply with this subsection is liable to the Civil penalty. United States Government for a civil penalty of $500. (b)(1) Any 3 seamen of a vessel may complain that the provisions of food or water for the crew are, at any time, of bad qujdity, unfit for use, or deficient in quantity. The complaint may be made to the commanding officer of a United States naval vessel, consular officer. Coast Guard shipping commissioner, or chief official of the Customs Service. (2) The officer, commissioner, or official shall examine, or have examined, the provisions of food or water. If the provisions are found to be of bad quality, unfit for use, or deficient in quantity, the person making the findings shall certify to the master of the vessel which provisions are of bad quality, unfit for use, or deficient. (3) The officer, commissioner, or official to whom the complaint was made shall— (A) make an entry in the official logbook of the vessel on the results of the examination; and (B) submit a report on the examination to the district court of Report, the United States at which the vessel is to arrive, with the report being admissible into evidence in any legal proceeding. (4) The master is liable to the (Government for a civil penalty of Civil penalty. not more than $100 each time the master, on receiving the certifica- tion referred to in paragraph (2) of this subsection— (A) does not provide other proper provisions of food or water, when available, in place of the provisions certified as of bad quality or unfit for use; (B) does not obtain sufficient provisions when the certification includes a finding of a deficiency in quantity; or (C) uses provisions certified to be of bad quality or unfit for use. § 10903. Proceedings on examination of vessel (a) On application made under section 10902(a) of this title, the judge or justice of the peace shall appoint 3 experienced and skilled marine surveyors to examine the vessel for the defects or insuffi- ciencies complained of. The surveyors have the authority to receive and consider evidence necessary to evaluate the complaint. When Appointment of surveyors.

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 97 STAT. 576 PUBLIC LAW 98-89—AUG. 26, 1983 the complaint involves provisions of food or water, one of the surveyors shall be a medical officer of the Public Health Service, if Written report, available. The surveyors shall make a report in writing, signed by at least 2 of them, stating whether the vessel is fit to proceed to sea or, if not, in what respect it is unfit, making appropriate recommenda- tions about additional seemien, provisions, or stores, or about physical repairs, alterations, or additions necessary to make the vessel fit. (b) On receiving the report, the judge or justice of the peace shall endorse on the report the judgment of the judge or justice on whether the vessel is fit to proceed on the voyage, and, if not, whether the vessel may proceed to smother port at which the deficiencies can be corrected. The master and the crew shall comply with the judgment. (c) The master shall pay all costs of the survey, report, and judgment. However, if the complaint of the crew appears in the report and judgment to have been without foundation, or if the complaint involved provisions of food or water, without reasonable grounds, the master or owner may deduct the amount of the costs and reasonable damages for the detention of the vessel, as deter- mined by the judge or justice of the peace, from the wages of the complaining seamen. Civil penalty. (d) A master of a vessel violating this section who refuses to pay the costs and wages is liable to the United States Government for a civil penalty of $100 and is liable in damages to each person injured by the refusal. § 10904. Refusal to proceed After a judgment under section 10903 of this title that a vessel is fit to proceed on the intended voyage, or after the order of a judgment to make up deficiencies is complied with, if a seaman does not proceed on the voyage, the unpaid wages of the seaman are forfeited. § 10905. Complaints in foreign ports (a) When a complaint under section 10902(a) of this title is made in a foreign port, the procedures of this chapter shall be followed, with a consular officer performing the duties of the judge or justice of the peace. Ob) On review of the marine surveyors' report, the consular officer may approve and must certify any part of the report with which the officer agrees. If the consular officer dissents from any part of the report, the officer shall certify reasons for dissenting from that part. § 10906. Discharge of crew for unsuitability When a survey is made at a foreign port, the surveyors shall state in the report whether, in their opinion, the vessel had been sent to sea unsuitably provided in any important particular, by neglect or design or through mistake or accident. If by neglect or design, and the consular officer approves the finding, the officer shall discharge a seaman requesting discharge and shall require the master to pay one month's wages to that seaman in addition to wages then due, or sufficient money for the return of the seaman to the nearest and most convenient port of the United States, whichever is the greater amount.

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 577 § 10907. Permission to make complaint (a) A master may not refuse to permit, deny the opportunity to, or hinder a seaman who wishes to make a complaint authorized by this chapter. (b) A master violating this section is liable to the United States Civil penalty. Government for civil penalty of $500. § 10908. Penalty for sending unseaworthy vessel to sea A person that knowingly sends or attempts to send, or that is a party to sending or attempting to send, a vessel of the United States to sea, in an unseaworthy state that is likely to endanger the life of an individual, shall be fined not more than $1,000, imprisoned for not more than 5 years, or both. CHAPTER 111—PROTECTION AND RELIEF Sec. 11101. Accommodations for seamen. 11102. Medicine chests. 11103. Slop chests. 11104. Destitute seamen. 11105. Wages on discharge when vessel sold. 11106. Wages on justifiable complaint of seamen. 11107. Unlawful engagements void. 11108. Taxes. 11109. Attachment of wages. 11110. Seamen's clothing. mil. Limit on amount recoverable on voyage. § 11101. Accommodations for seamen (a) On a merchant vessel of the United States the construction of which began after March 4, 1915 (except a yacht, pilot vessel, or vessel of less than 100 gross tons)^ (1) each place appropriated to the crew of the vessel shall have a space of at least 120 cubic feet and at least 16 square feet, measured on the floor or deck of that place, for each seaman or apprentice lodged in the vessel; (2) each seaman shall have a separate berth and not more than one berth shall be placed one above another; (3) the place or berth shall be securely constructed, properly lighted, drained, heated, and ventilated, properly protected from weather and sea, and, as far as practicable, properly shut off and protected from the effluvium of cargo or bilge water; and (4) crew space shall be kept free from goods or stores that are not the personal property of the crew occupying the place in use during the voyage. (b) In addition to the requirements of subsection (a) of this section, a merchant vessel of the United States that in the ordinary course of trade makes a voyage of more than 3 days' duration between ports and carries a crew of at least 12 seamen shall have a hospital compartment, suitably separated from other spaces. The compart- ment shall have at least one bunk for each 12 seamen constituting the crew (but not more than 6 bunks may be required). (c) A steam vessel of the United States operating on the Missis- sippi River or its tributaries shall provide, under the direction and approval of the Secretary, an appropriate place for the crew that shall conform to the requirements of this section, as far as they apply to the steam vessel, by providing a properly heated sleeping room in the engineroom of the steam vessel properly protected from 11-194 0-85 — 20:QL3

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 97 STAT. 578 PUBLIC LAW 98-89 —AUG. 26, 1983 the cold, wind, and rain by means of suitable awnings or screens on either side of the guards or sides and forward, reaching from the boiler deck to the lower or main deck. (d) A merchant vessel of the United States, the construction of which began after March 4, 1915, having more than 10 seamen on deck, shall have at least one light, clean, and properly heated and ventilated washing place. There shall be provided at least one washing outfit for each 2 seamen of the watch. A separate washing place shall be provided for the fireroom and engineroom seamen, if their number is more than 10, that shall be large enough to accom- modate at least one-sixth of them at the same time, and have a hot and cold water supply and a sufficient number of washbasins, sinks, and shower baths. (e) Forecastles shall be fumigated at intervals provided by regula- tions prescribed by the Secretary of Health and Human Services, with the approval of the Secretary, and shall have at least 2 exits, one of which may be used in emergencies. Civil penalty. (f) The owner, charterer, managing operator, agent, master, or licensed individual of a vessel not complying with this section is liable to the United States Government for a civil penalty of at least $50 but not more than $500. § 11102. Medicine chests (a) A vessel of the United States on a voyage from a port in the United States to a foreign port (except to a Canadian port), and a vessel of the United States of at least 75 gross tons on a voyage between a port of the United States on the Atlantic Ocean and Pacific Ocean, shall be provided with a medicine chest. Civil penalty. (b) The owner and master of a vessel not equipped as required by subsection (a) of this section or a regulation prescribed under subsec- tion (a) are liable to the United States Government for a civil penalty of $500. If the offense was due to the fault of the owner, a master penalized under this section has the right to recover the penalty and costs from the owner. § 11103. Slop chests (a) A vessel to which section 11102 of this title applies shall be provided with a slop chest containing sufficient clothing for the intended voyage for each seaman, including— (1) boots or shoes; (2) hats or caps; (3) underclothing; (4) outer clothing; (5) foul weather clothing; (6) ever3rthing necessary for the wear of a seaman; and (7) a complete supply of tobacco and blankets. (b) Merchandise in the slop chest shall be sold to a seaman desiring it, for the use of the seaman, at a profit of not more than 10 percent of the reasonable wholesale value of the merchandise at the port at which the voyage began. (c) This section does not apply to a vessel on a voyage to Canada, Bermuda, the West Indies, Mexico, or Central America, or a fishing or whsding vessel. § 11104. Destitute seamen (a) A consular officer shall provide, for a destitute seeiman of the United States, subsistence and passage to a port of the United States

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 579 in the most reasonable manner, at the expense of the United States Government and subject to regulations prescribed by the Secretary of State. A seaman, if able, shall be required to perform duties on the vessel giving the seaman passage, in accordance with the sea- man's rating. (b) A master of a vessel of the United States bound to a port of the United States shall take a destitute seaman on board at the request of a consular officer and transport the seaman to the United States. A master refusing to transport a destitute seaman when requested is Civil penalty. liable to the United States Government for a civil penalty of $100. The certificate signed and sealed by a consular officer is prima facie evidence of refusal. A msister is not required to carry a destitute seaman if the seaman's presence would cause the number of individ- uals on board to exceed the number permitted in the certificate of inspection or if the seaman has a contagious disease. (c) C!ompensation for the transportation of destitute seamen to the Transportation United States who are unable to work shall be agreed on by the compensation. master and the consular officer, under regulations prescribed by the Secretary of State. However, the compensation may be not more than the lowest passenger rate of the vessel, or 2 cents a mile, whichever is less. (d) When a master of a vessel of the United States takes on board a destitute seaman unable to work, from a port or place not having a consular officer, for transportation to the United States or to a port at which there is a consular officer, the master or owner of the vessel sheill be compensated reasonably under regulations pre- scribed by the Secretary of State. § 11105. Wages on discharge when vessel sold (a) When a vessel of the United States is sold in a foreign country, the master shall deliver to the consular officer a certified crew list and the agreement required by this part. The master shall pay each seaman the wages due the seaman and provide the seaman with employment on board another vessel of the United States bound for the port of original engagement of the sesunan or to another port agreed on. If employment cannot be provided, the master shall— (1) provide the seaman with the means to return to the port of original engagement; (2) provide the seaman passage to the port of original engage- ment; or (3) deposit with the consular officer an amount of money considered sufficient by the officer to provide the seaman with maintenance and passage home. (b) The consular officer shall endorse on the agreement the par- ticulars of the payment, provision, or deposit made under this section. (c) An owner of a vessel is liable to the United States Government Civil penalty. for a civil penalty of $500 if the master does not comply with this section. § 11106. Wages on justifiable complaint of seamen (a) Before a seaman on a vessel of the United States is discharged in a foreign country by a consular officer on the seaman's complaint that the agreement required by this part has been breached because the vessel is badly provisioned or unseaworthy, or against the officers for cruel treatment, the officer shall inquire about the complaint. If satisfied of the justice of the complaint, the consular

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Page:United States Statutes at Large Volume 97.djvu/612

 97 STAT. 580 PUBLIC LAW 98-89—AUG. 26, 1983 officer shall require the master to pay the wages due the seaman plus one months additional wages and shall discharge the seaman. The master shall provide the seaman with emplojntnent on another vessel or provide the seaman with passage on another vessel to the port of original engagement, to the most convenient port of the United States, or to some port agreeable to the seaman. (b) When a vessel does not have sufficient provisions for the intended voyage, and the seaman has been forced to accept a reduced ration or provisions that are bad in quality or unfit for use, the seaman is entitled to recover from the master or owner an allowance, as additional wages, that the court hearing the case considers reasonable. (c) Subsection (b) of this section does not apply when the reduction in rations was for a period during which the seaman willfully and without sufficient cause failed to perform duties or was lawfully under confinement on board or on shore for misconduct, unless that reduction can be shown to have been unreasonable. (d) Subsection (b) of this section does not apply to a fishing or whaling vessel or a yacht. § 11107. Unlawful engagements void An engagement of a seaman contrary to a law of the United States is void. A seaman so engaged may leave the service of the vessel at any time and is entitled to recover the highest rate of wages at the port from which the seaman was engaged or the amount agreed to be given the seaman at the time of engagement, whichever is higher. § 11108. Taxes Wages due or accruing to a master or seaman on a vessel in the foreign, coastwise, intercoastal, interstate, or noncontiguous trade or a fisherman employed on a fishing vessel may not be withheld under the tax laws of a State or a political subdivision of a State. However, this section does not prohibit withholding wages of a seaman on a vessel in the coastwise trade between ports in the same State if the withholding is under a voluntary agreement between the seaman and the employer of the seaman. §11109. Attachment of wages (a) Wages due or accruing to a master or seaman are not subject to attachment or arrestment from any court, except for an order of a court about the payment by a master or seaman of any part of the master's or seaman's wages for the support and maintenance of the spouse or minor children of the master or seaman, or both. A payment of wages to a master or seaman is valid, notwithstanding any prior sale or assignment of wages or any attachment, encum- brance, or arrestment of the wages. (b) An assignment or sale of wages or salvage made before the payment of wages does not bind the party making it, except allot- ments authorized by section 10315 of this title. (c) This section applies to a fisherman on a fishing vessel. § 11110. Seamen's clothing The clothing of a seaman is exempt from attachments and liens. A person detaining a seaman's clothing shall be fined not more than $500, imprisoned for not more than 6 months, or both.

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Page:United States Statutes at Large Volume 97.djvu/613

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 581 §11111. Limit on amount recoverable on voyage When a seaman is on a voyage on which a written agreement is required under this part, not more than $1 is recoverable from the seaman by a person for a debt incurred by the seaman during the voyage for which the seaman is signed on until the voyage is ended. CHAPTER 113—OFFICIAL LOGBOOKS Sec. 11301. Logbook and entry requirements. 11302. Manner of making entries. 11303. Penalties. § 11301. Logbook and entry requirements (a) A vessel of the United States on a voyage between a port in the United States and a port in a foreign country, and a vessel of the United States of at least 75 gross tons on a voyage between a port of the United States on the Atlantic Ocean and a port of the United States on the Pacific Ocean, shall have an official logbook. (b) The master of the vessel shall make or have made in the official logbook the following entries: (1) each legal conviction of a seaman of the vessel and the punishment inflicted. (2) each offense committed by a seaman of the vessel for which it is intended to prosecute or to enforce under a forfeit- ure, together with statements about reading the entry and the reply made to the charge as required by section 11502 of this title. (3) each offense for which punishment is inflicted on board and the punishment inflicted. (4) a statement of the conduct, character, and qualifications of each seaman of the vessel or a statement that the master declines to give an opinion about that conduct, character, and qualifications. (5) each illness of or injury to a seaman of the vessel, the nature of the illness or injury, and the medical treatment. (6) each death on board, with the cause of death, and if a seaman, the information required by section 10702 of this title. (7) each birth on board, with the sex of the infant and name of the parents. (8) each marriage on board, with the names and ages of the parties. (9) the name of each seaman who ceases to be a crewmember (except by death), with the place, time, manner, and the cause why the seaman ceased to be a crewmember. (10) the wages due to a seaman who dies during the voyage and the gross amount of all deductions to be made from the wages. (11) the sale of the property of a seaman who dies during the voyage, including a statement of each article sold and the amount received for the property. (12) when a marine casualty occurs, a statement about the casualty and the circumstances under which it occurred, made immediately after the casualty when practicable to do so. § 11302. Manner of making entries Each entry made in the official logbook—

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92 render the ground I lie on intolerably hot? What kind beak will supply me with food to assuage the pangs of hunger which I shall soon feel? By what means shall I procure even a drop of water to quench that thirst which so frequently returns? Who will protect me from the various tribes of barbarous animals which I have been told make a prey of birds? Oh, my dear, my tender mother! if the sound of my voice can reach your ears, pity my condition, and fly to my succour!" The kind parent waited not for further solicitation, but parting from the branch on which she had been a painful eye-witness of Robin's fall, she instantly stood before him. "I have listened," said she, "to your lamentations, and since you seem convinced of your error, I will not add to your sufferings by my reproaches; my heart relents towards you, and gladly would I afford you all the aid in my power; but, alas! I can do but little for your relief. However, let me persuade you to exert all the strength you have, and use every effort for your own preservation; I will endeavour to procure you some refreshment, and at the same time contrive the means of fixing you in a place of more security and comfort than that in which you at present lie." So saying, she flew to

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Page:United States Statutes at Large Volume 97.djvu/614

 97 STAT. 582 PUBLIC LAW 98-89 —AUG. 26, 1983 (1) shall be made as soon as possible after the occurrence; (2) if not made on the day of the occurrence, shall be dated and state the date of the occurrence; (3) if the entry is about an occurrence happening before the vessel's arrival at the final port of discharge, shall be made not later than 24 hours after the arrival; (4) shall be signed by the master; and (5) shall be signed by the chief mate or another seaman. § 11303. Penalties (a) A master failing to maintain an official logbook as required by this part is liable to the United States Government for a civil penalty of $200. 0)) A master failing to make an entry in the vessel's official logbook as required by this part is liable to the Government for a civil penalty of $200. (c) A person is liable to the Government for a civil penalty of $150 when the person makes, procures to be made, or assists in making, an entry in the vessel's official logbook— (1) later than 24 hours after the vessel's arrival at the final port of discharge; and (2) that is about an occurrence that happened before that arrival. CHAPTER 115—OFFENSES AND PENALTIES Sec. 11501. Penalties for specified offenses. 11502. Entry of offenses in logbook. 11503. Duties of consular officers related to insubordination. 11504. Enforcement of forfeitures. 11505. Disposal of forfeitures. 11506. Canying sheath knives. 11507. Surrender of offending officers. § 11501. Penalties for specified offenses When a seamein lawfully engaged commits any of the following offenses, the seaman shall be punished as specified: (1) For desertion, the seaman forfeits any part of the money or property the seaman leaves on board and any part of earned wages. (2) For neglecting or refusing without reasonable cause to join the seaman's vessel or to proceed to sea in the vessel, for absence without leave within 24 hours of the vessel's sailing from a port (at the beginning or during the voyage), or for absence without leave from duties and without sufficient reason, the seaman forfeits from the seaman's wages not more than 2 days' pay or a sufficient amount to defray expenses incurred in hiring a substitute. (3) For quitting the vessel without leave after the vessel's arrival at the port of delivery and before the vessel is placed in security, the seaman forfeits from the seaman's wages not more than one month's pay. (4) For willful disobedience to a lawful command at sea, the seaman, at the discretion of the master, may be confined until the disobedience ends, and on arrival in port forfeits from the seaman's wages not more than 4 days' pay or, at the discretion of the court, may be imprisoned for not more than one month.

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Page:United States Statutes at Large Volume 97.djvu/615

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 583 (5) For continued willful disobedience to lawful command or continued willful neglect of duty at sea, the seaman, at the discretion of the master, may be confined, on water and 1,000 calories, with full rations every 5th day, until the disobedience ends, and on arrival in port forfeits, for each 24 hours' continu- ance of the disobedience or neglect, not more than 12 days' pay or, at the discretion of the court, may be imprisoned for not more than 3 months. (6) For assaulting a master, mate, pilot, engineer, or staff officer, the seaman shall be imprisoned for not more than 2 years. (7) For willfully damaging the vessel, or embezzling or will- fully damaging any of the stores or cargo, the seaman forfeits from the seaman's wages the amount of the loss sustained and, at the discretion of the court, may be imprisoned for not more than 12 months. (8) For smuggling for which a seaman is convicted causing loss or damage to the owner or master, the seaman is liable to the owner or master for the loss or damage, and any part of the seaman's wages may be retained to satisfy the liability. The seaman also may be imprisoned for not more than 12 months. § 11502. Entry of offenses in logbook (a) When an offense listed in section 11501 of this title is commit- ted, an entry shall be made in the vessel's official logbook— (1) on the day of the ofTense; (2) stating the details; (3) signed by the master; and (4) signed by the chief mate or another sesiman. (b) Before arrival in port if the offense was committed at sea, or before departure if the offense was committed in port and the offender is still on the vessel— (1) the entry shall be read to the offender; (2) the offender shall be given a copy; and (3) the offender shall be given the opportunity to reply. (c) After subsection (b) of this section has been complied with, an entry shall be made in the official logbook— (1) stating that the entry about the offense was read and a copy provided to the offender; (2) stating the offender's reply; (3) signed by the master; and (4) signed by the chief mate or another seaman. (d) In a subsequent legal proceeding, if the entries required by this section are not produced or proved, the court may refuse to receive evidence of the offense. § 11503. Duties of consular officers related to insubordination (a) A consular officer shall use every means to discountenance insubordination on vessels of the United States, including employing the aid of local authorities. (b) When a seaman is accused of insubordination, a consular officer shall inquire into the facts and proceed as provided in section 11106 of this title. If the consular officer discharges the seaman, the officer shall endorse the agreement required by this part and enter in the vessel's official logbook the cause and particulars of the discharge. Legal proceedings.

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Page:United States Statutes at Large Volume 97.djvu/616

 97 STAT. 584 PUBLIC LAW 98-89—AUG. 26, 1983 § 11504. Enforcement of forfeitures When an offense by a seaman also is a criminal violation, it is not necessary that a criminal proceeding be brought to enforce a forfeiture. § 11505. Disposal of forfeitures (a) Money, property, and wages forfeited under this chapter for desertion may be applied to compensate the owner or master of the vessel for expenses caused by the desertion. The balance shall be transferred to the Secretary when the voyage is completed, as prescribed by the Secretary. (b) Within one month of receiving the balance under subsection (a) of this section, the Secretary shall transfer the balance to the appropriate district court of the United States. If it appears to the district court that the forfeiture was imposed properly, the property transferred may be sold in the same manner prescribed for the disposition of the property of deceased seamen. The court shall deposit in the Treasury as miscellaneous receipts the proceeds of the sale and any money and wages transferred to the court. Civil penalty. (c) When an owner or master fails to transfer the balance as required under subsection (a) of this section, the owner or master is liable to the United States Government for a civil penalty of 2 times the amount of the balance, recoverable by the Secretary in the same manner that seaman's wages are recovered. (d) In all other cases of forfeiture of wages, the forfeiture shall be for the benefit of the owner of the vessel. § 11506. Carrying sheath knives A seaman in the merchant marine may not wear a sheath knife on board a vessel without the consent of the master. The master of a vessel of the United States shall inform each seaman of this prohibi- Civil penalty. tion before engagement. A master failing to advise a seaman is liable to the United States Government for a civil penalty of $50. § 11507. Surrender of offending officers When an officer of a vessel of the United States (except the 18 USC 2191. master) has violated section 2191 of title 18, and the master has actual knowledge of the offense or if complaint is made within 3 days after reaching port, the master shall surrender the offending officer to the proper authorities. If the master fails to use diligence to comply with this section and the offender escapes, the owner, the master, and the vessel are liable for damages to the individual unlawfully punished. PART H—IDENTIFICATION OF VESSELS CHAPTER 121—DOCUMENTATION OF VESSELS Sec. 12101. Related terms in other laws. 12102. Vessels eligible for documentation. 12103. Certificates of documentation. 12104. Effect of documentation. 12105. Registry. 12106. Ck>astwise licenses and registry. 12107. Great Lakes licenses and registry. 12108. Fishery licenses and registry. 12109. Plefisure vessel licenses.

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Page:United States Statutes at Large Volume 97.djvu/617

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 585 12110. Limitations on operations authorized by certificates. 12111. Invalidation of certificates of documentation. 12112. Vessels procured outside the United States. 12113. Ports of documentation. 12114. Home ports. 12115. Names of vessels. 12116. Numbers, signal letters, and identification markings. 12117. Recording of United States built vessels. 12118. Registration of funnel marks and house flags. 12119. List of documented vessels. 12120. Reports. 12121. Regulations. 12122. Penalties. § 12101. Related terms in other laws When used in a law, regulation, document, ruling, or other official Definitions. act referring to the documentation of a vessel— (1) "certificate of registry", "register", and "registry" mean a registry as provided in section 12105 of this title. (2) "license", "enrollment and license", "license for the coast- wise (or coasting) trade", and "enrollment and license for the coastwise (or coasting) trade" mean a coastwise license as pro- vided in section 12106 of this title. (3) "enrollment and license to engage in the foreign and coastwise (or coasting) trade on the northern, northeastern, and northwestern frontiers, otherwise than by sea" means a Great Lakes license as provided in section 12107 of this title. (4) "license for the fisheries" and "enrollment and license for the fisheries" mean a fishery license as provided in section 12108 of this title. (5) "yacht" means a pleasure vessel even if not documented. § 12102. Vessels eligible for documentation A vessel of at least 5 net tons not registered under the laws of a foreign country is eligible for documentation if the vessel is owned by— (1) an individual who is a citizen of the United States; (2) an association, trust, joint venture, or other entity— (A) all of whose members are citizens of the United States; and (B) that is capable of holding title to a vessel under the laws of the United States or of a State; (3) a partnership whose general partners are citizens of the United States, and the controlling interest in the partnership is owned by citizens of the United States; (4) a corporation established under the laws of the United States or of a State, whose president or other chief executive officer and chairman of its board of directors are citizens of the United States and no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum; (5) the United States Government; or (6) the government of a State. § 12103. CertiHcates of documentation (a) On application by the owner of a vessel eligible for documenta- tion, the Secretary shall issue a certificate of documentation of one of the types specified in sections 12105-12109 of this title.

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 97 STAT. 586 PUBLIC LAW 98-89 —AUG. 26, 1983 (b) The Secretary may prescribe the form of, the manner of filing, and the information to be contained in, applications for certificates of documentation. (c) Each certificate of documentation shall— (1) contain the name, the home port, and a description of the vessel; (2) identify the owner of the vessel; and (3) contain additional information prescribed by the Secretary. (d) The Secretary shall prescribe procedures to ensure the integrity of, and the accuracy of information contained in, certifi- cates of documentation. (e) The owner and master of a documented vessel shall make the vessel's certificate of documentation available for examination as the law or Secretary may require. § 12104. Effect of documentation A certificate of documentation is— (1) conclusive evidence of nationality for international pur- poses, but not in a proceeding conducted under the laws of the United States; (2) except for a pleasure vessel license, conclusive evidence of qualification to be employed in a specified trade; and (3) not conclusive evidence of ownership in a proceeding in which ownership is in issue. § 12105. Registry (a) A registry may be issued for a vessel eligible for documenta- tion. (b) A vessel for which a registry is issued may be employed in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef. (c) On application of the owner of a vessel that qualifies for a coastwise license under section 12106 of this title, a Great Lakes license under section 12107 of this title, or a fishery license under section 12108 of this title, the Secretary may issue a registry appro- priately endorsed authorizing the vessel to be employed in the coastwise trade, the Great Lakes trade, or the fisheries, as the case maybe. (d) Except as provided in sections 12106-12108 of this title, a foreign built vessel registered under this section may not engage in the coastwise trade, the Great Lakes trade, or the fisheries. § 12106. Coastwise licenses and registry (a) A coastwise license or, as provided in section 12105(c) of this title, an appropriately endorsed registry, may be issued for a vessel that— (1) is eligible for documentation; (2)(A) was built in the United States; or (B) if not built in the United States, was captured in war by citizens of the United States and lawfully condemned as prize, was adjudged to be forfeited for a breach of the laws of the United States, or qualified for documentation under section 4136 of the Revised Statutes (46 App. U.S.C. 14); and (3) otherwise qualifies under laws of the United States to be employed in the coastwise trade.

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 587 (b) Subject to the laws of the United States regulating the coast- wise trade and the fisheries, only a vessel for which a coastwise license or an appropriately endorsed registry is issued may be employed in— (1) the coastwise trade; and (2) the fisheries. § 12107. Great Lakes licenses and registry (a) A Great Lakes license or, as provided in section 12105(c) of this title, an appropriately endorsed registry, may be issued for a vessel that— (1) is eligible for documentation; (2)(A) was built in the United States; or (B) if not built in the United States, was captured in war by citizens of the United States and lawfully condemned as prize, was adjudged to be forfeited for a breach of the laws of the United States, or qualified for documentation under section 4136 of the Revised Statutes (46 App. U.S.C. 14); and (3) otherwise qualifies under the laws of the United States to be employed in the coastwise trade. (b) Subject to the laws of the United States regulating the coast- wise trade, trade with Canada, and the fisheries, only a vessel for which a Great Lakes license or an appropriately endorsed registry is issued may be employed on the Great Lakes and their tributary and connecting waters in— (1) the coastwise trade; (2) trade with Canada; and (3) the fisheries. § 12108. Fishery licenses and registry (a) A fishery license or, as provided in section 12105(c) of this title, an appropriately endorsed registry, may be issued for a vessel that— (1) is eligible for documentation; and (2)(A) was built in the United States; or (B) if not built in the United States, was captured in war by citizens of the United States and lawfully condemned as prize, was adjudged to be forfeited for a breach of the laws of the United States, or qualified for documentation under section 4136 of the Revised Statutes (46 App. U.S.C. 14); and (3) otherwise qualifies under the laws of the United States to be employed in the fisheries. (b) Subject to the laws of the United States regulating the fisher- ies, only a vessel for which a fishery license or an appropriately endorsed registry is issued may be employed in the fisheries. § 12109. Pleasure vessel licenses (a) A pleasure vessel license may be issued for a vessel that is— (1) eligible for documentation; and (2) to be operated only for pleasure. (b) A licensed pleasure vessel may proceed between a port of the United States and a port of a foreign country without entering or clearing with the Customs Service. (c) The Secretary may prescribe by regulation reasonable fees for issuing, renewing, or replacing a pleasure vessel license, or for providing any other service related to a pleasure vessel license. The fees shall be based on the costs of the service provided.

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