Page:United States Statutes at Large Volume 97.djvu/607

 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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