Page:United States Statutes at Large Volume 94 Part 2.djvu/239

 PUBLIC LAW 96-378—OCT. 6, 1980

94 STAT. 1517

"(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) 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 lies; 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) 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) 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) 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) 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.".

Able seaman, employment.

Certificate of service.

Regulations.

Violation; penalty.

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