§ 667

CODIFICATION

R.S. § 4567 derived from act June 7, 1872, ch. 322, § 38, 17 Stat. 269.

CROSS REFERENCES

Application of this section to sail or steam vessels engaged in the coastwise trade, see section 544 of this title.

§ 665. Allowance for reduction of provisions

If, during a voyage, the allowance of any of the provisions which any seaman is entitled to under section 713 of this title is reduced except for any time during which such seaman willfully and without sufficient cause refuses or neglects to perform his duty, or is lawfully under confinement for misconduct either on board or on shore; or if it shall be shown that any of such provisions are, or have been during the voyage, bad in quality or unfit for use, the seaman shall receive, by way of compensation for such reduction or bad quality, according to the time of its continuance, the following sums, to be paid to him in addition to and to be recoverable as wages:

First. If his allowance is reduced by any quantity not exceeding one-third of the quantity specified by law, a sum not exceeding 50 cents a day.

Second. If his allowance is reduced by more than one-third of such quantity, a sum not exceeding $1 a day.

Third. In respect of bad quality, a sum not exceeding $1 a day.

But if it is shown to the satisfaction of the court before which the case is tried that any provisions, the allowance of which has been reduced, could not be procured or supplied in sufficient quantities, or were unavoidably injured or lost, or if by reason of its innate qualities any article becomes unfit for use and that proper and equivalent substitutes were supplied in lieu thereof, the court shall take such circumstances into consideration and shall modify or refuse compensation, as the justice of the case may require. This section shall not apply to fishing or whaling vessels or yachts.

(R.S. § 4568; Dec. 21, 1898, ch. 28, §§ 14, 26, 30 Stat. 758, 764.)

R.S.

CODIFICATION

4568 derived from act June 7, 1872, ch. 322, § 39, 17 Stat. 270.

Prior to the amendment, the first part of R.S. § 4568 read as follows: "If, during a voyage, the allowance of any of the provisions which any seaman has, by his agreement, stipulated for, is reduced, except in accordance with any regulations for reduction by way of punishment, contained in the agreement, and also for any time during which such seaman willfully, and without sufficient cause, etc."

Act Dec. 21, 1898, amended this section generally and among other changes substituted "or" for "and" after "bad in quality" in the introductory paragraph, and "by law" for "in the agreement" in the paragraph numbered "first," inserted the words "or if by reason of its innate qualities any article becomes unfit for use" in the last paragraph, and omitted the words "in a reasonable time" after "in lieu thereof" in the same paragraph.

EXCEPTION Application of and exceptions to act Dec. 21, 1898, see nove set out under section 569 of this title.

CROSS REFERENCES

Withholding food and nourishment from crew, penalty, see section 2191 of Title 18, Crimes and Criminal Procedure.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 661 of this title. § 666. Medicines

Every vessel belonging to a citizen of the United States, bound from a port in the United States to any foreign port, or being of the burden of seventy-five tons or upward, and bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall be provided with a chest of medicines; and every sailing vessel bound on a voyage across the Atlantic or Pacific Ocean, or around Cape Horn, or the Cape of Good Hope, or engaged in the whale or other fisheries, or in sealing, shall also be provided with, and cause to be kept, a sufficient quantity of lime or lemon juice, and also sugar and vinegar, or other antiscorbutics, to be served out to every seaman as follows: The master of every such vessel shall serve the lime or lemon juice, and sugar and vinegar, to the crew, within ten days after salt provisions mainly have been served out to the crew, and so long afterward as such consumption of salt provisions continues; the lime or lemon juice and sugar daily at the rate of half an ounce each per day; and the vinegar weekly, at the rate of half a pint per week for each member of the crew. (R.S. § 4569.)

owing to the act or default of the owner, such master may recover the amount of such penalty, and the costs incurred by him, from the

owner.

(R.S. § 4570.)

CODIFICATION

R.S. § 4570 derived from act June 7, 1872, ch. 322, § 41, 17 Stat. 270.

CROSS REFERENCES

Application of this section to sail or steam vessels engaged in the coastwise trade, see section 544 of this title.

§ 668. Weights and measures

Every master shall keep on board proper weights and measures for the purpose of determining the quantities of the several provisions and articles served out, and shall allow the same to be used at the time of serving out such provisions and articles, in the presence of a witness, whenever any dispute arises about such quantities, and in default shall, for every offense, be liable to a penalty of not more than $50.

(R.S. § 4571.)

CODIFICATION

R.S. § 4571 derived from act June 7, 1872, ch. 322, § 42, 17 Stat. 270.

CROSS REFERENCES

Application of this section to sail or steam vessels engaged in the coastwise trade, see section 544 of this title.

§ 669. Clothing and heat

Every vessel bound on any foreign voyage exceeding in length fourteen days shall also be provided with at least one suit of woolen clothing for each seaman, and every vessel in the foreign or domestic trade shall provide a safe and warm room for the use of seamen in cold weather. Failure to make such provisions shall subject the owner or master to a penalty of not less than $100. This section shall not apply to fishing or whaling vessels or yachts.

(R.S. § 4572; Dec. 21, 1898, ch. 28, §§ 15, 26, 30 Stat. 759, 764.)

CODIFICATION

R.S. § 4572 derived from act June 7, 1872, ch. 322, § 42, 17 Stat. 270.

As enacted originally, R.S. § 4572 read: "Every vessel bound on any foreign voyage shall also be provided with at least one suit of woolen clothing for each seaman, for use during the winter months; and every such vessel shall be provided with fuel and a safe and suitable room in which a fire can be kept for the use of seamen."

Act Dec. 21, 1898, amended R.S. § 4572 to read as above set forth.

EXCEPTION

Application of and exceptions to act Dec. 21, 1898, see note set out under section 569 of this title.

CROSS REFERENCES

Section inapplicable to vessels engaged in coastwise trade, except between Atlantic and Pacific coasts, or in lake-going trade touching at foreign ports or other

wise, or in trade between United States and British North American possessions, or in any case where seamen are by custom or agreement entitled to participate in the profits or results of a cruise, or voyage, see section 544 of this title.

§ 670. Slop chests

Every vessel mentioned in section 666 of this title shall also be provided with a slop chest, which shall contain a complement of clothing for the intended voyage for each seaman employed, including boots or shoes, hats or caps, underclothing and outer clothing, oiled clothing, and everything necessary for the wear of a seaman; also a full supply of tobacco and blankets. Any of the contents of the slop chest shall be sold, from time to time, to any or every seaman applying therefor, for his own use, at a profit not exceeding 10 per centum of the reasonable wholesale value of the same at the port at which the voyage commenced. And if any such vessel is not provided before sailing, as herein required, the owner shall be liable to a penalty of not more than $500. The provisions of this section shall not apply to vessels plying between the United States and the Dominion of Canada, Newfoundland, the Bermuda Islands, the Bahama Islands, the West Indies, Mexico and Central America.

(June 26, 1884, ch. 121, § 11, 23 Stat. 56.)

CROSS REFERENCES

Whaling and fishing vessels not subject to provisions of this section, see section 671 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 671 of this title.

§ 671. Necessity of slop chests for vessels engaged in whaling or fishing business

Section 670 of this title shall not be construed to apply to vessels engaged in the whaling or fishing business.

(June 19, 1886, ch. 421, § 13, 24 Stat. 82.)

§ 672. Requirements, regulations, and qualifications as to crews

(a) Vessels subject to provisions; excepted vessels

All vessels of one hundred gross tons or over shall meet the requirements of this section and the regulations issued hereunder by the Secretary of the department in which the Coast Guard is operating, hereinafter referred to as "Secretary", except

(1) vessels navigating exclusively on the rivers and smaller inland lakes of the United States; and

(2) non-self-propelled vessels, other than barges subject to section 395 or section 391a of this title.

(b) Qualifications; physical, professional, educational, and service requirements; ratings for unlimited, limited, and special service

Every person may be rated an ah seaman and qualified to serve as such who is eighteen years of age or older; meets the regulatory requirements with respect to sight, hearing, and physical condition; meets the applicable profes

sional knowledge examination or educational requirements; and meets the following applicable service requirements:

(1) "Able seaman" qualified for unlimited service on any vessel and on any waters shall have at least three years' service on deck on vessels operating on the oceans or the Great Lakes.

(2) "Able seaman-limited" qualified for limited service on any vessel on any waters shall have at least eighteen months' service on deck on vessels subject to this section operating on the oceans or the navigable waters of the United States including the Great Lakes.

(3) "Able seaman-special" qualified for special service on any vessel on any waters shall have at least twelve months' service on deck on vessels operating on the oceans or the navigable waters of the United States including the Great Lakes. For service on a vessel of less than five hundred gross tons engaged in support of exploration, exploitation, or production of offshore mineral or energy resources, a person may be rated as able seaman-special who has at least six months' service on deck on vessels operating on the oceans or the navigable waters of the United States including the Great Lakes.

(4) "Able seaman-sail" qualified for service on any waters shall have at least six months' service on deck on sailing school ships, oceanographic research vessels powered primarily by sail, or equivalent sailing vessels operating on the oceans or navigable waters of the United States including the Great Lakes.

(c) Service on deck; one year's and a day's service; training programs for service on deck

"Service on deck" means service in the deck department in work related to the work usually performed aboard vessels by able seamen and may include service on decked fishing vessels and on public vessels of the United States. Three hundred and sixty days shall be equal to one year's service, and a day shall be equal to eight hours of labor or duty. A graduate of a school ship approved by the Secretary may be rated as able seaman upon satisfactory completion of the course of instruction. The satisfactory completion of other relevant training programs approved by the Secretary may be substituted for not more than one-third of the required service on deck in accordance with applicable regulations. These regulations may not allow substitution for time spent in these training programs for the required service on deck in a ratio greater than three to one.

(d) Wheel operation for able seamen under hazardous circumstances

No person below the rating of able seaman shall be permitted at the wheel in ports, harbors, and other waters subject to congested vessel traffic; or under conditions of reduced Visibility, adverse weather, or other hazardous circumstances.

(e) Departures from ports of United States dependent on compliance with crew requirements No vessel subject to this section may depart from any port of the United States unless the following provisions are complied with:

(1) Not less than 75 per centum of the crew in each department are able to understand any order given by the officers of the vessel.

(2) At least 65 per centum of the deck crew, exclusive of licensed officers, are of a rating not less than able seaman. This percentage may be reduced to 50 per centum on vessels that are permitted by the Act of March 4, 1915 (38 Stat. 1164), as amended (46 U.S.C. 673), to maintain a two watch system. Able seamen shall not be required on tugs and towboats operating on the bays and sounds connected directly with the ocean.

(f) Scale for employment of able seamen

Employment of persons rated as able seaman under subsection (b) of this section shall be in accordance with the following scale:

(1) Persons qualified as able seaman may constitute the entire complement of able seamen required on any vessel.

(2) Persons qualified as able seaman-limited may constitute the entire complement of able seamen required on a vessel of less than one thousand six hundred gross tons or on a vessel operating on the Great Lakes and the Saint Lawrence River as far east as Sept Iles; persons qualified as able seaman-limited may constitute up to 50 per centum of the complement of able seamen required aboard other vessels.

(3) Persons qualified as able seaman-special may constitute the entire complement of able seamen required on a vessel of five hundred gross tons or less, or on a seagoing barge, tug, or towboat and may constitute up to 50 per centum of the complement of able seamen required aboard other vessels.

(4) In no case in which the service of able seaman-limited or able seaman-special is authorized for only a part of the required complement of able seamen aboard a vessel may the combined percentage of persons so qualified be greater than 50 per centum of the required complement.

(g) Members of engine department

No vessel may be navigated unless all of the complement in her engine department above the rating of coal passer or wiper and below licensed officer shall be the holders of a certificate of service, attesting to proficiency as a qualified member of the engine department. An applicant for this rating shall have six months' service at sea in a rating at least equal to that of coal passer or wiper. A graduate of a school ship approved by the Secretary may be rated as a qualified member of the engine department upon satisfactory completion of the course of instruction. The satisfactory completion of other courses of instruction approved by the Secretary may be substituted for not more than one-half of the required service at sea in accordance with applicable regulations.

(h) Prohibition of employment or service without certificate of service; licensed officers exception

It is unlawful to employ any person, or for any person to serve aboard a vessel to which this section applies, other than a licensed officer, if that person does not have a certificate of

service attesting to proficiency issued by the Secretary.

(i) Regulations; procedures for issuance of certificates of service: processing, verification, examination, and retention of records and affidavits The Secretary shall issue regulations as may be necessary to carry out the provisions of this section. These regulations shall, among other things, establish procedures for the processing, verification, examination, and retention of records and affidavits related to the issuance of certificates of service attesting to proficiency. (j) Violations; civil penalty; equal and several liability; separate offenses

Every master, person in charge, owner, or operator who violates a provision of this section or of the regulations issued hereunder, and every vessel that is navigated in violation of this section or of the regulations issued hereunder is equally and severally liable to a civil penalty of not more than $500 for each offense. (Mar. 4, 1915, ch. 153, § 13, 38 Stat. 1169; June 25, 1936, ch. 816, § 1, 49 Stat. 1930; May 22, 1937, ch. 237, §§ 1, 2, 50 Stat. 199; Oct. 6, 1980, Pub. L. 96-378, § 4, 94 Stat. 1516; Oct. 15, 1982, Pub. L. 97-322, title II, § 203, 96 Stat. 1589.)

REFERENCES IN TEXT

Act of March 4, 1915 (38 Stat. 1164), as amended (46 U.S.C. 673), referred to in subsec. (e), is act Mar. 4, 1915, ch. 153, 38 Stat. 1164, as amended, which enacted sections 601, 672, 673, and 688 of this title and sections 365 and 366 of Title 33, Navigation and Navigable Waters and amended sections 222, 481, 569, 596, 597, 599, 656, 660-1, 683, 701, 702, 712, and 713 of this title and section 258 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Tables.

CODIFICATION

Section 391a of this title, referred to in subsec. (a), was in the original "section 4417(a) of the Revised Statutes (46 U.S.C. 391a)". Section 4417(a) of the Revised Statutes is classified to section 391(a) of this title, and section 4417a of the Revised Statutes is classified to section 391a of this title.

AMENDMENTS

1982-Subsec. (b)(4). Pub. L. 97-322 added par. (4). 1980-Subsec. (a). Pub. L. 96-378 substituted provisions setting forth requirements for vessels subject to statutory provisions for provisions setting forth requirements for vessels and qualifications of crews.

Subsec. (b). Pub. L. 96-378 substituted provisions relating to crew qualifications, physical, professional, educational, and service requirements, and ratings for unlimited, limited, and special service for provisions relating to the certificate of service as an able seaman. Subsec. (c). Pub. L. 96-378 substituted provisions relating to service on deck, and training programs for service on deck for provisions relating to record of certificate of service.

Subsec. (d). Pub. L. 96-378 substituted provisions relating to wheel operation for able seamen under hazardous circumstances for provisions relating to muster of crew, and procedures applicable, etc., for the certificate of service as an able seaman, surrender of certificate, and issuance of a new certificate.

Subsec. (e). Pub. L. 96-378 substituted provisions relating to compliance with crew requirements as conditioning departures from ports of United States for provisions relating to members of the engine department.

Subsec. (f). Pub. L. 96-378 substituted provisions setting forth the scale for employment of able seamen

for provisions relating to rules for certificates of service or efficiency.

Subsec. (g). Pub. L. 96-378 substituted provisions relating to members of the engine department for provisions relating issuances, etc., of certificates of service for other ratings.

Subsec. (h). Pub. L. 96-378 substituted provisions relating to prohibitions of employment or service without certificate of service and exception for licensed officers for provisions relating to suspension or revocation of certificates of service or efficiency.

Subsec. (i). Pub. L. 96-378 substituted provisions relating to regulations for procedures for issuance of certificates of service, and the processing, etc., of records and affidavits for provisions setting forth penalties for serving without certificate of service.

Subsec. (j). Pub. L. 96-378 substituted provisions respecting violations, civil penalties, and nature of liability for provisions relating to effect of statutory provisions on other laws.

Subsecs. (k), (l). Pub. L. 96-378 struck out subsecs. (k) and (1), which related to unimpairment of freedom of seamen and effective date of statutory provisions, respectively.

1937-Subsec. (a). Act May 22, 1937, § 1, substituted "upon graduation in good standing from said school ships" for "after twelve months' service at sea after graduation".

Subsec. (e). Act May 22, 1937, § 2, inserted the clause "or proof that he is a graduate of a school ship approved by and conducted under rules prescribed by the Secretary of Commerce".

1936-Act June 25, 1936, designated existing provisions as subsecs. (a) to (d), added subsecs. (e) to (l), and amended subsecs. (a) to (d), as so designated, as follows:

Subsec. (a) omitted as executed requirement pertaining to percentage of deck crew that shall have a rating not less than able seaman (forty, forty-five, fifty and fifty-five per centa, the first, second, third and fourth year after Mar. 14, 1915); substituted "and vessels in United States Government service" and "and vessels in the United States Government service" for "naval vessels or coast guard vessels" and "naval vessels, or coast guard vessels"; inserted the words "after graduation" after "twelve months' service at sea"; and added the provisos relating to boys and deck boys.

Subsec. (b) substituted "Application may be made" for "Any person may make application" and to require proof that applicant is skilled in the work usually performed by able seamen.

Subsec. (c) inserted the words "and records of examinations" following "affidavit".

Subsec. (d) inserted the phrase "at which muster said reputable citizen must be present" and added provisos pertaining to examination of applicant for certificate of service as able seaman, surrender of certificates and new certificates.

EFFECTIVE DATE OF 1982 Amendment

Amendment by Pub. L. 97-322 effective 18 months after Oct. 15, 1982, or on the date upon which the rules and regulations referred to in section 446d of this title take effect, see section 208(b) of Pub. L. 97-322, set out as an Effective Date note under section 446 of this title.

TEMPORARY Employment oF PERSONS NOT QUALIFIED AS ABLE SEAMEN

Act Sept. 24, 1941, ch. 417, 55 Stat. 730, autorized an increase in the number of able seame* qualified under last proviso of former subsec. (a) this section, during the emergency declared by the President on May 27, 1941, to exist, but not over June 30, 1943. For waiver of compliance with navigation and inspection laws, see note preceding section 1 of this title.

CROSS REFERENCES

§§ 672-1, 672-2. Repealed. Pub. L. 96–378, § 11(a), Oct. 6, 1980, 94 Stat. 1519

Section 672-1, act July 8, 1941, ch. 280, 55 Stat. 579, provided for nonapplication to certain sail vessels of provisions of section 672 relating to manning of certain vessels.

Section 672-2, act July 8, 1941, ch. 279, 55 Stat. 579, provided for qualifications of persons as able seamen for service on certain vessels. See section 672 of this title.

§ 672a. Nationality of crews

(a) Officers and pilots

From and after June 25, 1936, all licensed officers and pilots of vessels of the United States shall be citizens of the United States, nativeborn, or completely naturalized.

(b) Seamen

From and after six months after June 25, 1936, upon each departure of any such vessel from a port of the United States, 75 per centum of the crew, excluding licensed officers, shall be citizens of the United States, native-born, or completely naturalized, unless the Commandant of the Coast Guard shall, upon investigation, ascertain that qualified citizen seamen are not available, when, under such conditions, he may reduce the above percentages.

(c) Vacancies on foreign voyage

If any vessel while on a foreign voyage is for any reason deprived of the services of any member of the crew, such position or vacancy caused by the promotion of another to such position may be supplied by a person other than defined in subsection (a) and (b) of this section until the first call of such vessel at a port in the United States where such replacements can be obtained.

(d) Penalty for violating section

The owner, agent, or officer of any such vessel, who shall employ any person in violation of the provisions of this section, shall be subject to a penalty of $500 for each offense.

(June 25, 1936, ch. 816, § 5, 49 Stat. 1935; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, IIF.R. 7875, 60 Stat. 1097.)

the Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of the Coast Guard, and the Commandant of the Coast Guard, were excepted from transfer when the Coast Guard is operating as part of the Navy under sections 1 and 3 of Title 14.

"Commandant of the Coast Guard" was substituted for "Secretary of Commerce" on authority of Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title.

CROSS REFERENCES

Citizenship of officers and crew on vessels documented under laws of the United States, see sections 221 and 1132 of this title.

Enforcement, application, separability and appropriation to carry out section, see sections 689 to 692 of this title.

§ 672b. Repealed. Pub. L. 96–378, § 11(c), Oct. 6, 1980, 94 Stat. 1519

Section, act June 16, 1938, ch. 467, § 1, 52 Stat. 753, provided for exceptions to section 672 of this title and related to unrigged vessels, tugs, and towboats, able seamen requirement and rating, and service and rating equal to coal passer or wiper.

§ 672b-1. Repealed. Pub. L. 96-378, § 11(b), Oct. 6, 1980, 94 Stat. 1519

Section, act Sept. 25, 1941, ch. 422, 55 Stat. 732, provided for qualifications of persons as able seamen for service on seagoing barges.

§ 672c. Repealed. Pub. L. 96-378, § 11(c), Oct. 6, 1980, 94 Stat. 1519

Section, act June 16, 1938, ch. 467, § 4, 52 Stat. 754, defined "unrigged vessel" and "seagoing barge" for purposes of sections 643a, 660b, and 672b of this title. See sections 643a, 660b, and 672 of this title.

§ 673. Requirements as to watches; duties of seamen; hours of work; penalty; right of seamen to discharge; effective date

In all merchant vessels of the United States of more than one hundred tons gross, excepting those navigating rivers, harbors, lakes (other than Great Lakes), bays, sounds, bayous, and canals, exclusively, the licensed officers and sailors, coal passers, firemen, oilers, and water tenders shall, while at sea, be divided into at least three watches, which shall be kept on duty successively for the performance of ordinary work incident to the sailing and management of the vessel: Provided, That in the case of radio-telegraph operators this requirement shall be applicable only when three or more radio officers are employed. No licensed officer or seaman in the deck or engine department of any tug documented under the laws of the United States (except boats or vessels used ex