46 U.S.C. § 7312: Scale of employment

Summary

Lets certain types of able seaman cover the required able-seaman jobs on a vessel, but puts limits based on the credential and the ship’s size or where it operates. Able seamen—unlimited (section 7307) may fill all required able-seaman positions on any vessel. Able seamen—limited (section 7308) may fill all positions on vessels under 1,600 gross tons (or an alternate tonnage under section 14302) or on vessels on the Great Lakes and Saint Lawrence River as far east as Sept Iles; on other vessels they may be no more than 50% of the required able seamen. Able seamen—special (section 7309) may fill all positions on vessels of not more than 500 gross tons (or the alternate measure), on seagoing barges, or on towing vessels; on other vessels they may be up to 50%. Able seamen—offshore supply vessel (section 7310) may fill all required positions on vessels of less than 500 gross tons (or 6,000 gross tons under the alternate measure) that support offshore mineral or energy work. For offshore support vessels of at least 500 gross tons (or 6,000 under the alternate measure), able seamen—limited may fill all required positions. If able seamen—limited and able seamen—special are used together to cover only part of the required number, their combined share may not exceed 50%. Able seamen—fishing industry (section 7311a) may fill all positions on certain fish processing vessels: those put in service before January 1, 1988 and over 1,600 but not more than 5,000 gross tons, and those put in service after December 31, 1987 with more than 16 people mainly preparing fish and not more than 5,000 gross tons.

Title 46, §7312

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(a)Individuals qualified as able seamen—unlimited under section 7307 of this title may constitute all of the able seamen required on a vessel.

(b)Individuals qualified as able seamen—limited under section 7308 of this title may constitute all of the able seamen required on a vessel of less than 1,600 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 or on a vessel operating on the Great Lakes and the Saint Lawrence River as far east as Sept Iles. Individuals qualified as able seamen—limited may constitute not more than 50 percent of the number of able seamen required on board other vessels.

(c)Individuals qualified as able seamen—special under section 7309 of this title may constitute—

(1)all of the able seamen required on a vessel of not more than 500 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 or on a seagoing barge or towing vessel; and

(2)not more than 50 percent of the number of able seamen required on board other vessels.

(d)Individuals qualified as able seamen—offshore. supply vessel under section 7310 of this title may constitute all of the able seamen required on board a vessel of less than 500 gross tons as measured under section 14502 of this title or 6,000 gross tons as measured under section 14302 of this title engaged in support of exploration, exploitation, or production of offshore mineral or energy resources. Individuals qualified as able seamen—limited under section 7308 of this title may constitute all of the able seamen required on board a vessel of at least 500 gross tons as measured under section 14502 of this title or 6,000 gross tons as measured under section as measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title engaged in support of exploration, exploitation, or production of offshore mineral or energy resources.

(e)When the service of able seamen—limited or able seamen—special is authorized for only a part of the required number of able seamen on board a vessel, the combined percentage of those individuals so qualified may not be greater than 50 percent of the required number.

(f)Individuals qualified as able seamen—fishing industry under section 7311a of this title may constitute—

(1)all of the able seamen required on a fish processing vessel entered into service before January 1, 1988, and of more than 1,600 gross tons but not more than 5,000 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; and

(2)all of the able seamen required on a fish processing vessel entered into service after December 31, 1987, and having more than 16 individuals on board primarily employed in the preparation of fish or fish products but of not more than 5,000 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 731246:672(f) section 7312(a) provides that able seamen—unlimited may constitute all of the able seamen required on a vessel. Subsection (b) provides that able seamen—limited may constitute 100 percent of the able seamen required on board vessels of less than 600 gross tons operating on the Great Lakes and 50 percent of the number of able seamen required on the larger vessels. Subsection (c) provides that able seamen—special may constitute 100 percent of the able seamen required on vessels not more than 500 gross tons, or a seagoing barge or towing vessel. Able seamen—special may only constitute up to 50 percent of the number of able seamen required on other vessels. Subsection (d) provides that able seamen—offshore supply vessels may constitute 100 percent of the number of able seamen required on vessels of less than 500 gross tons engaged in support of exploration, exploitation, or production of offshore mineral or energy facilities. They may not serve on board other vessels as an able seaman until they have the appropriate required document. Subsection (e) provides that the total number of able seamen—limited or able seamen—special may not be greater than 50 percent of the required number of able seamen on a vessel.

Editorial Notes

Amendments

2010—Subsec. (d). Pub. L. 111–281 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Individuals qualified as able seamen—offshore supply vessels under section 7310 of this title may constitute all of the able seamen required on board a vessel of less than 500 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 engaged in support of exploration, exploitation, or production of offshore mineral or energy resources.” 1996—Subsec. (b). Pub. L. 104–324, § 723(1), 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 “1,600 gross tons”. Subsec. (c)(1). Pub. L. 104–324, § 723(2), 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 “500 gross tons”. Subsec. (d). Pub. L. 104–324, § 723(3), 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 “500 gross tons”. Subsec. (f)(1). Pub. L. 104–324, § 723(4), 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 “5,000 gross tons”. Subsec. (f)(2). Pub. L. 104–324, § 723(5), 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 “5,000 gross tons”. 1986—Subsec. (e). Pub. L. 99–307 substituted “able seamen—limited” for “able seaman—limited”. 1984—Subsec. (f). Pub. L. 98–364 added subsec. (f).

§7312 Scale of Employment