
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC8304]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                       Part F--Manning of Vessels
 
                    CHAPTER 83--MASTERS AND OFFICERS
 
Sec. 8304. Implementing the Officers' Competency Certificates 
        Convention, 1936
        
    (a) In this section, ``high seas'' means waters seaward of the 
Boundary Line.
    (b) The Officers' Competency Certificates Convention, 1936 
(International Labor Organization Draft Convention Numbered 53, on the 
minimum requirement of professional capacity for masters and officers on 
board merchant vessels), as ratified by the President on September 1, 
1938, with understandings appended, and this section apply to a 
documented vessel operating on the high seas except--
        (1) a public vessel;
        (2) a wooden vessel of primitive build, such as a dhow or junk;
        (3) a barge; and
        (4) a vessel of less than 200 gross tons as measured under 
    section 14502 of this title, or an alternate tonnage measured under 
    section 14302 of this title as prescribed by the Secretary under 
    section 14104 of this title.

    (c) A person may not engage or employ an individual to serve as, and 
an individual may not serve as, a master, mate, or engineer on a vessel 
to which this section applies, if the individual does not have a license 
issued under section 7101 of this title authorizing service in the 
capacity in which the individual is to be engaged or employed.
    (d) A person (including an individual) violating this section is 
liable to the United States Government for a civil penalty of $100.
    (e) A license issued to an individual to whom this section applies 
is a certificate of competency.
    (f) A designated official may detain a vessel to which this section 
applies (by written order served on the owner, charterer, managing 
operator, agent, master, or individual in charge of the vessel) when 
there is reason to believe that the vessel is about to proceed from a 
port of the United States to the high seas in violation of this section 
or a provision of the convention described in subsection (b) of this 
section. The vessel may be detained until the vessel complies with this 
section. Clearance may not be granted to a vessel ordered detained under 
this section.
    (g) A foreign vessel to which the convention described in subsection 
(b) of this section applies, on the navigable waters of the United 
States, is subject to detention under subsection (f) of this section, 
and to an examination that may be necessary to decide if there is 
compliance with the convention.
    (h) The owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel detained under subsection (f) or (g) of 
this section may appeal the order within 5 days as provided by 
regulation.
    (i) An officer or employee of the Customs Service may be designated 
to enforce this section.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 552; Pub. L. 104-324, title VII, 
Sec. 730, Oct. 19, 1996, 110 Stat. 3940.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
8304..............................  46:224a
                                    46:241
------------------------------------------------------------------------

    Section 8304 implements the Officers' Competency Certificates 
Convention, 1936, as ratified by the President on September 1, 1938, 
with understandings appended.
    Subsection (a) defines ``high seas'' for this section. Subsection 
(b) implements the Convention, applies the Convention to United States 
vessels on the high seas, and exempts certain vessels.
    Subsection (c) prohibits the employment or service of an individual 
as a master, mate, or engineer on a vessel under this section unless the 
individual has a license issued under section 7101 for the particular 
capacity in which the individual is employed.
    Subsection (d) prescribes a civil penalty for violating this 
section.
    Subsection (e) states that the license referred to in subsection (c) 
is a certificate of competency for purposes of the Convention.
    Subsection (f) provides for the detention of a vessel in violation 
of this section or the Convention.
    Subsection (g) applies the detention provision to a foreign vessel 
on the navigable waters of the United States and subjects it to an 
examination for compliance with the Convention.
    Subsection (h) provides for an appeal of the detention order.
    Subsection (i) permits the designation of a Customs Service officer 
or employee to enforce this section.

                       References in Text

    The Officers' Competency Certificates Convention, 1936, referred to 
in subsec. (b), is set out in 54 Stat. Pt. 2, p. 1683.


                               Amendments

    1996--Subsec. (b)(4). Pub. L. 104-324 inserted ``as measured under 
section 14502 of this title, or an alternate tonnage measured under 
section 14302 of this title as prescribed by the Secretary under section 
14104 of this title'' after ``200 gross tons''.

                  Section Referred to in Other Sections

    This section is referred to in section 14305 of this title.
