Shipment and Discharge of SeaFARERS
(CT:CON-1007; 04-19-2024)
(Office of Origin: CA/OCS)
7 FAM 731 Shipment (Signing of a Crew Member)
7 FAM 731.1 Documentation
(CT:CON-1007; 04-19-2024)
a. The United States Coast Guard issues qualified seafarers (U.S. citizens and U.S. lawful permanent residents) a Merchant Mariner Credential (MMC). 46 U.S.C. 8701 and 46 CFR 12.02-7 require all seafarers on vessels of the United States above 100 gross tons to have an MMC
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See …
National Maritime Center 46 CFR Chapter 1, Subchapter B Form CG-719-B, Application for Merchant Mariner Credential |
b. In the past, the MMD (Merchant Mariner's Document) was sometimes referred to colloquially as a “Z card” because an MMD number began with the letter “Z”. The newer MMC was first issued in 2009 and is a red passport style credential containing among other items, a photograph, signature of the seafarer, and the seafarers Mariner Reference Number (MRN). They are valid for five years from the date of issue. (See 46 U.S.C. 7302).
c. Send any MMCs 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 L/CA.
d. MMCs show the capacity on the ship for which the seafarer is eligible to serve. A ship’s crew usually consists of the deck department, the engine department, and the steward’s department. The qualified work categories (e.g., ordinary seafarer, able-bodied seafarer, or wiper) appear on the pages of the MMC.
7 FAM 731.2 What is the Role of the Consular Officer?
(CT:CON-992; 10-18-2023)
a. Masters of United States vessels must engage a seafarer at a foreign port in the presence of a U.S. 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 seafarer understands the terms of the contract and the nature of the work involved;
(2) Observe the seafarer signing the shipping articles in the section entitled “Particulars of Engagement”;
(3) Attest to the seafarer’s 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 seafarers 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 seafarer;
(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 seafarer 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. |
7 FAM 732 Discharge of SeaFARERS
(CT:CON-992; 10-18-2023)
In a foreign port where there is a consular officer, a seafarer or master may request that you discharge a seafarer 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-992; 10-18-2023)
a. Grounds for discharge include:
(1) Mutual consent between master and seafarer;
(2) Illness or injury of seafarer;
(3) Misconduct;
(4) Voyage delays;
(5) Unsuitable provisioning (On a request by the crew or any [crew]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 seafarer; and
(9) End of voyage.
b. Seek L/CA guidance when non-routine discharge problems are encountered.
7 FAM 732.2 What is the Role of the Consular Officer?
(CT:CON-992; 10-18-2023)
a. You are authorized to discharge a seafarer upon the application of the master or seafarer of a United States vessel if you are satisfied that good reasons exist for a discharge. The seafarer must be physically present.
b. Before discharging a seafarer, you must:
(1) Obtain the ship’s agent’s assurance that the local immigration authorities have no objection to the seafarer’s discharge (having an immigration officer present may more easily facilitate the discharge of the seafarer); 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 seafarer plus one month’s additional wages and shall discharge the seafarer;
(2) The master shall provide the seafarer 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 seafarer;
(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 seafarer must concur with all the arrangements and should be advised of any local penalties such as immigration detention if their flight or sailing is missed.
e. If the seafarer objects to removal by you citing unfair treatment, suggest that they write, “I sign off under protest” on the Shipping Articles on the “Release” line. This protects any legal remedies they may wish to pursue at a later date. If they refuses to sign off the articles, so indicate on the “Release” line by stating the reason.
7 FAM 733 Certificate of Discharge
(CT:CON-992; 10-18-2023)
a. Upon discharge of any seafarer at a foreign port, the master must make the proper entries on a Form CG-718-A, Certificate of Discharge to Merchant Mariner 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 seafarer sign the form, give the original to the seafarer, a copy to the master, retain a one copy at post, and forward a copy to:
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Commanding Officer |
7 FAM 734 Wages Paid upon Discharge
(CT:CON-992; 10-18-2023)
a. When a seafarer is being discharged in your presence, the master is required to provide a full account of all regular wages due the seafarer, 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 seafarer unless the master provides evidence of wages paid. (See 46 U.S.C. 10318 (b).) |
b. Overtime wages are governed by union agreements and are paid at the end of the voyage. The seafarer may indicate in writing on the discharge that they are receiving payment of wages under protest concerning the overtime due to preserve their rights.
c. Once the master makes payment in your presence, their duty regarding wages is complete.
7 FAM 735 through 739 unassigned