shall be permitted at the wheel; Provided further, That no deck boy shall be held qualified to fill the place of ordinary seaman until he has had at least six months' service as deck boy: Provided further, That upon examination, under rules prescribed by the Coast Guard as to eyesight, hearing, and physical condition, such persons or graduates are found to be competent: Provided further, That upon examination, under rules prescribed by the Coast Guard as to eyesight, hearing, physical condition, and knowledge of the duties of seamanship, a person four.d competent may be rated as able seaman after having served on deck twelve months at sea or on the Great Lakes, but seamen examined and rated able seamen under this proviso shall not in any case compose more than one-fourth of the number of able seamen required by this section to be shipped or employed upon any vessel.

Certificate of service as able seaman

(b) Application may be made to the Coast Guard for a certificate of service as able seaman, and upon proof being made to the Coast Guard by affidavit and examination, under rules approved by the Commandant of the Coast Guard, showing the nationality and age of the applicant, the vessel or vessels on which he has had service, that he is skilled in the work usually performed by able seamen, and that he is entitled to such certificate under the provisions of this section, the Coast Guard shall issue to said applicant a certificate of service as able seaman, which shall be retained by him and be accepted as prima-facie evidence of his rating as an able seaman.

Record of certificates of service

(c) Each Coast Guard official shall keep a complete record of all certificates of service issued by him and to whom issued and shall keep on file the affidavits and records of examinations upon which said certificates are issued.

Muster of the crew on motion or information; rules and regulations; examination of applicant for certificate of service as able seaman; surrender of certificates; new certificates

(d) The collector of customs may, upon his own motion, and shall, upon the sworn information of any reputable citizen of the United States setting forth that this section is not being complied with, cause a muster of the crew of any vessel to be made to determine the fact, at which muster said reputable citizen must be present; and no clearance shall be given to any vessel failing to comply with the provisions of this section: Provided, That the collector of customs shall not be required to cause such muster of the crew to be made unless said sworn information has been filed with him for at least six hours before the vessel departs, or is scheduled to depart: Provided further, That any person that shall knowingly make a false affidavit for such purpose shall be deemed guilty of perjury and upon conviction thereof shall be punished by a fine not exceeding $500 or by imprisonment not exceeding one year, or by both such fine and imprisonment, within the discretion of the court. Any violation of any provision of this section by the owner,

master, or officer in charge of the vessel shall subject the owner of such vessel to a penalty of not less than $100 and not more than $500: Provided further, That the Commandant of the Coast Guard shall make such rules and regulations as may be necessary to carry out the provisions of this section, and nothing herein shall be held or construed to prevent the Commandant of the Coast Guard from making rules and regulations authorized by law as to vessels excluded from the operation of this section: And provided further, That no certificate of service as able seaman shall be issued by the Coast Guard until after examination of the applicant therefor, under rules and regulations prescribed by the Commandant of the Coast Guard, as to his efficiency, and upon proof, as a result of such examination, that he has been trained in and is acquainted with the duties entitling him to such rating. No seaman shall be considered an "able seaman" within the meaning of the laws of the United States relating to the manning of vessels unless he is in possession of such certificate issued by the board of local inspectors of the Coast Guard. All certificates as "able seaman" and "lifeboatman" issued by the several boards of local inspectors or other Federal officers prior to June 25, 1936, shall, within six months thereafter, be surrendered to such boards of local inspectors for cancelation, and there shall be issued in lieu thereof to all able seamen and lifeboatmen found qualified by such examination new certificates as required by law: Provided, That if due to inability on the part of the Department of Commerce to carry out the provisions of this subsection with regard to all seamen, the Secretary of Commerce may, in his discretion, extend the time for a period not to exceed three months. Such new certificates shall be stamped with the seal of the board of local inspectors or the Coast Guard, placed partially over the signature of the applicant for such certificate; and there shall be attached thereto a photograph of the applicant. Any other safeguards which, in the judgment of the Commandant of the Coast Guard, may be necessary and advisable to establish the authenticity of the certificate, are authorized.

Members of engine department

(e) No vessel to which this section applies may be navigated unless all of the complement in her engine department above the rating of coal passer or wiper and below the rating of licensed officer shall be holders of a certificate of service as a qualified member of the engine department. The Coast Guard shall, upon application and examination as to competence and physical condition, as prescribed by the Commandant of the Coast Guard, issue such a certificate of service. An applicant for such rating shall produce to the Coast Guard definite proof of at least six months' service at sea in a rating at least equal to that of coal passer or wiper in the engine department of vessels required by this section to have such certificated men or proof that he is a graduate of a school ship approved by and conducted under rules prescribed by the Commandant of the Coast Guard.

Rules as to certificates of service or efficiency

(f) As to the certificates of service or efficiency, the Commandant

of the Coast Guard shall promulgate rules covering the form, contents, and manner of issuance, which shall include a provision that copies of these and all documents pertaining thereto be filed in the local offices and in the central office in Washington.

Certificates of service for other ratings

(g) The Coast Guard shall, without examination (except food handlers who must be free from communicable disease), issue to all members of the crews of merchant vessels of the United States (except licensed officers), certificates of service for ratings other than as able seaman or a qualified member of the engine department, which certificates shall authorize them to serve in the capacities specified in such certificates: Provided, That such certificates shall not issue before oath has been taken before a Coast Guard official that the applicant therefor will faithfully and honestly perform all the duties required of him by law, and carry out the lawful orders of his superior officers on shipboard and, in the case of a radio operator, shall produce to the Coast Guard his unexpired license issued by the Federal Communications Commission to act in that capacity: And provided further, That when a certificate has been revoked or suspended under the provisions of subsection (h) of this section, a new certificate shall not be issued until the Coast Guard shall determine that the issue of such new certificate is compatible with the requirements of good discipline and safety at sea.

Suspension or revocation of certificates of service or efficiency

(h) All certificates of service or efficiency issued by the Bureau of Marine Inspection and Navigation or the Coast Guard shall be subject to suspension or revocation on the same grounds and in the same manner and with like procedure as is provided in the case of suspension or revocation of licenses of officers under the provisions of section 239 of this title.

Penalty for serving without certificate of service

(i) It shall be unlawful to employ any person, or for any person to serve aboard any merchant vessel of the United States, below the rating of licensed officer, who has not a certificate of service issued by a board of local inspectors or the Coast Guard, and anyone violating this section shall be liable to a penalty of $100 for each offense.

Effect of section on other laws

(j) This section is not to amend or repeal any of the provisions of chapter 3 of Title 47.

Freedom of seamen unimpaired

(k) Nothing in this section shall be construed to impose, sanction, or permit any condition of involuntary servitude nor to prevent any seaman from leaving the service of any vessel when in a safe harbor to the same extent and with like effect as under the provisions of existing law.

Effective date of section

(1) This section shall take effect six months after June 25, 1936: Provided, That if it is found impracticable on the part of the Department of Commerce to furnish the certificates herein provided, the Secretary of Commerce may, in his discretion, extend the effective date for a period not exceeding three months.

46 § 672-1. Exception to section 672; certain sail vessels

The provisions of section 672 of this title, relating to the manning of certain vessels, shall not apply to any sail vessel of less than five hundred tons registered tonnage, while not carrying passengers for hire, and while not operating outside the line dividing inland waters from the high seas, as defined in section 151 of Title 33.

46 § 672-2. Same; certain persons as able seamen

Notwithstanding any provision of section 672 of this title, every person may be rated as an able seaman for the purpose of serving on vessels of not more than five hundred gross tons, on bays and sounds, when such vessels are not carrying passengers, who is nineteen years of age and upward and who has had at least twelve months of service on deck at sea or on the Great Lakes or on the bays and sounds connected directly with the seas.

46 § 672a. Nationality of crews-Officers and pilots

(a) From and after June 25, 1936, all licensed officers and pilots of vessels of the United States shall be citizens of the United States, native-born, or completely naturalized.

Seamen

(b) 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.

Vacancies on foreign voyage

(c) 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.

Penalty for violating section

(d) 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.

46 § 672b. Exceptions to section 672; unrigged vessels, tugs, and towboats

The provisions of section 672 of this title, requiring the manning of certain merchant vessels by persons holding certificates of service or efficiency issued by the Bureau of Marine Inspection and Navigation or the Coast Guard shall not apply as to unrigged vessels, except seagoing barges, and, insofar as said provisions apply to tugs and towboats, the said provisions are modified as follows:

Able seamen; rating

(a) Able seamen shall not be required in the deck crew of tugs and towboats on the bays and sounds connected directly with the seas, and every person may be rated an able seaman for the purpose of serving on tugs and towboats on the seas who is nineteen years of age and upwards and who has had at least eighteen months of service on deck at sea or on the Great Lakes or on the bays and sounds connected directly with the seas; and

Service and rating equal to coal passer or wiper

(b) Service and rating at least equal to that of coal passer or wiper in the engine department of tugs and towboats operating on the seas or Great Lakes or on the bays and sounds connected directly with the seas shall be considered as meeting the requirement of subsection (e) of section 672 of this title which requires that an applicant for rating under that subsection shall produce to the Coast Guard definite proof of at least six months' service at sea in a rating at least equal to that of coal passer or wiper in the engine department of vessels required by said section to have such certificated men.

Nothing in this section shall restrict or modify any of the other provisions of section 672 of this title which must be complied with before the certificates therein authorized can be granted.

46 § 672b-1. Exception to section 672; seagoing barges

Notwithstanding any provision of section 672 of this title, every person may be rated as an able seaman for the purpose of serving on seagoing barges who is nineteen years of age and upward, and who has had at least twelve months of service on deck at sea or on the Great Lakes or on the bays and sounds connected directly with the seas.

46 672c. Definitions

When used in sections 643a, 660b, and 672b of this title

(1) The term "unrigged vessel" means any vessel that is not self-propelled;

(2) The term "seagoing barge" means any barge which from its design and construction may be reasonably expected to encounter and ride out the ordinary perils of the seas and which in fact in the usual course of its operations passes outside the line dividing