7 FAM 730
Shipment and Discharge of Seamen
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 FAM 731 Shipment (Signing of a Crew
Member)
7 FAM 731.1 Documentation
(CT:CON-407; 06-29-2012)
a. The United States Coast Guard issues qualified
seamen (United States citizens and permanent resident aliens) a Form CG-2838,
Merchant Mariners Document (MMD). 46 U.S.C. 8701 and 46 CFR 12.02-7 requires
all seamen on vessels of the United States above 100 gross tons to have an
MMD. The MMD is sometimes referred to colloquially as a Z card because in
the past an MMD number began with the letter Z. The MMD is a plastic,
credit-card type credential containing among other items, a photograph,
signature of the mariner, and the seamans social security number (SSN). They
are valid for five years from the date of issue. (See 46 U.S.C. 7302).
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See
Merchant Mariner Licensing and Documentation
National Maritime Center
46 CFR Part 12
Form CG-719-B, Application for Merchant Mariners
Document
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b. MMDs issued after February 3, 2003, include a serial
number and the letters USCG in variable-optical print. The top and bottom
lines on the face of the new MMD contain the phrase US COAST GUARD in
microprinting and the USCG seal that is only visible under ultra-violet light.
c. Send any MMDs believed to be fraudulent to:
Commanding Officer
USCG National Maritime Center
100 Forbes Drive
Martinsburg, WV 25404
Note: Forward a copy of the transmitting
communication to CA/OCS/L.
d. MMDs show the position(s) on the ship for which the
seaman is eligible to serve. A ships complement of crewmen usually consists
of the deck, the engine department, and the stewards department. The qualified
work categories, e.g., ordinary seaman, able-bodied seaman, wiper, appear on
the reverse side of the MMD card.
7 FAM 731.2 What is the Role of the
Consular Officer?
(CT:CON-403; 04-05-2012)
a. Masters of United States vessels must engage a
seaman at a foreign port in the presence of a consular officer. Failure to do
so renders the master liable to a civil penalty. (See 46 U.S.C. 10308, 10321).
b. When available at the port of engagement, you
should:
(1) Ensure that the seaman understands the terms of
the contract and the nature of the work involved;
(2) Observe the seaman signing the shipping articles
in the section entitled Particulars of Engagement;
(3) Attest to the seamans signature by initialing in
the space provided, and by impressing the consular rubber seal over it;
(4) Report all known cases of illegal shipment of
seamen whether they are made in United States or foreign ports and provide
supporting evidence including affidavits; and
(5) Also include:
(a) The name of the seaman;
(b) The scheduled port of debarkation; and
(c) The date of departure from the foreign port.
c. If a consular officer is not available at the port
of engagement, you may engage a seaman and the agreement may be signed at the
next port at which a consular officer is available.
d. If the vessel is outside of your immediate
geographic area, the master is empowered:
(1) To make crew changes; and
(2) To take other actions required by United States maritime laws and regulations to provide for the effective and safe operation
of the vessel.
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For required deck or engineering watch-standing
positions: The replacement must hold a certificate issued in accordance with
the International Convention or Standards of Training, Certification and
Watch-keeping for Seafarers, 1978, as amended (STCW). The STCW certificate
must authorize service in the position in which the replacement will be
employed.
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7 FAM 732 Discharge of Seamen
(CT:CON-111; 09-15-2005)
In a foreign port where there is a consular officer, a
seamen or master may request that you discharge a seaman in accordance with 46
U.S.C. 10318. See the Marine Safety Manual, Chapter 15, for specific
conditions and responsibilities.
7 FAM 732.1 Grounds for Discharge
(CT:CON-407; 06-29-2012)
a. Grounds for discharge include:
(1) Mutual consent between master and seaman;
(2) Illness or injury of seaman;
(3) Misconduct;
(4) Voyage delays;
(5) Unsuitable provisioning (On a request by the crew
or any member following a report by inspectors (representatives of a
classification society or other reputable marine surveyor), and approved by you
that the vessel had been sent to sea unsuitably provisioned.);
(6) Shipwreck or sale of vessel abroad;
(7) Miscellaneous grounds;
(8) Violation of law regarding watches or duties,
cruel or unusual treatment or transfer or disrating of a seaman; and
(9) End of voyage.
b. Seek CA/OCS/L guidance
when non-routine discharge problems are encountered.
7 FAM 732.2 What is the Role of the
Consular Officer?
(CT:CON-111; 09-15-2005)
a. You are authorized to discharge a seaman upon the
application of the master or seaman of a United States vessel if you are
satisfied that good reasons exist for a discharge. The seaman must be physically
present.
b. Before discharging a seaman, you must:
(1) Obtain the ships agents assurance that the local
immigration authorities have no objection to the seamans discharge (having an
immigration officer present may more easily facilitate the discharge of the
seaman); and
(2) Ensure that proper repatriation arrangements have
been made.
c. When discharge is due to cruel treatment:
(1) You may require the master to pay the wages due
the seaman plus one months additional wages and shall discharge the seaman;
(2) The master shall provide the seaman with adequate
employment on another vessel or passage on board another vessel to the port of
original engagement, to the most convenient port of the United States, or to
some port agreeable to the seaman;
(3) You should enter on the shipping articles and in
the log book the cause of the discharge and the particulars of any cruel and
unusual treatment; and
(4) You should sign and seal the entries and replies.
(See 46 U.S.C. 1106).
d. The seaman must concur with all the arrangements and
should be advised of any local penalties such as immigration detention if
his/her flight or sailing is missed.
e. If the seaman objects to removal by you citing
unfair treatment, suggest that he/she write I sign off under protest on the
Shipping Articles on the Release line. This protects any legal remedies
he/she may wish to pursue at a later date. If he/she refuses to sign off the
articles, so indicate on the Release line by stating the reason.
7 FAM 733 Certificate of Discharge
(CT:CON-403; 04-05-2012)
a. Upon discharge of any seaman at a foreign port, the
master must make the proper entries on a
Form CG-718-A, Certificate of Discharge to
Merchant Seaman USCG, or by providing the following information in writing,
including:
(1) Date and Place of Shipment;
(2) Date and Place of Discharge;
(3) Name of Ship;
(4) Name of Employer;
(5) Official Number and Class of Vessel;
(6) Nature of Voyage (Foreign, Intercoastal, or Coastwise); and
(7) If you are present, attest to the entries.
b. After the master and seaman sign the form, give the
original to the seaman, a copy to the master, retain a one copy at post and
forward a copy to:
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Commanding Officer
USCG National Maritime Center
100 Forbes Drive
Martinsburg, WV 25404
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7 FAM 734 Wages Paid upon Discharge
(CT:CON-403; 04-05-2012)
a. When a seaman is being discharged in your presence,
the master is required to provide a full account of all regular wages due the
seaman, all deductions (including a signed receipt showing income tax and
Social Security deductions), and any charges against the wages. (See 46 U.S.C.
10313, 46 U.S.C. 10318).
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You must be satisfied that wages earned have been paid.
Do not discharge the seaman unless he/she provides
evidence of wages paid.
(See 46 U.S.C. 10318 (b).)
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b. Overtime wages are governed by union agreements and
are paid at the end of the voyage. The seaman may indicate in writing on the
discharge that he/she is receiving payment of wages under protest concerning
the overtime due to preserve his/her rights.
c. Once the master makes payment in your presence, his
duty regarding wages is complete.
7 FAM 735 through 739 unassigned