"Table C

"FEES, (SEAMEN)

§ 721

Form of certificate of discharge, see section 643 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 665 of this title.

Sec.

721.

722.

"Table E

The Coast Guard was transferred to the Department of Transportation, and all functions, powers, and duties relating to the Coast Guard of the Secretary of the Treasury and of all other officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treas ury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of the Coast Guard, and the Commandant of the Coast Guard, were excepted from transfer when the Coast Guard is operating as part of the Navy under sections 1 and 3 of Title 14.

References to shipping commissioner were changed to Coast Guard official on authority of Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title.

EXCEPTION

Application of and exceptions to act Dec. 21, 1898, see note set out under section 569 of this title.

CROSS REFERENCES

Allowance for reduction of provisions, see section 665 of this title.

Application of this section to sail or steam vessels engaged in the coastwise trade, see section 544 of this title.

11-617 VOL. 18 0-84-17

731.

CHAPTER 19-WRECKS AND SALVAGE

SUBCHAPTER I-GENERALLY

Vessels stranded on foreign coasts.

Property wrecked on Florida coast.

Forfeitures for taking wrecked property to foreign ports.

License to wreckers on Florida coast.

Canadian vessels aiding vessels wrecked or disabled in United States waters.

International agreement as to derelicts.

Right to salvage not affected by ownership of vessel.

Duty of master to assist persons in danger.
Salvors of life to share in remuneration.

Time limit for salvage suits.
Applicability to ships of war.

SUBCHAPTER II-WAR

732 to 735. Repealed.

738.

738a.

738b.

738c.

738d.

SUBCHAPTER III-ICE AND DERELICTS International agreements as to ice patrol and derelict destruction; allocation of expenses. Patrol services.

(a) Maintenance of ice patrol; aid to ships in distress; destruction of derelicts.

(b) Warning to vessels.

(c) Report on ships in dangerous re

gions.

(d) Administration by Coast Guard.
(e) Annual report.

Operator of vessel to give notice of routes; avoidance of ice regions; penalty.

Speed of vessel in ice region; penalty.

Publication of rules and regulations in Federal Register.

CROSS REFERENCES

Owners of vessels sunk in navigable channels to mark them until removed or abandoned, see section 409 of Title 33, Navigation and Navigable Waters.

Removal by Secretary of Army of vessels sunk in navigable waters or harbors, etc., see sections 414 and 415 of Title 33.

SUBCHAPTER I-GENERALLY

§ 721. Vessels stranded on foreign coasts

Consuls and vice consuls, in cases where vessels of the United States are stranded on the coasts of their consulates respectively, shall, as far as the laws of the country will permit, take proper measures, as well for the purpose of saving the vessels, their cargoes and appurtenances, as for storing and securing the effects and merchandise saved, and for taking inventories thereof; and the merchandise and effects saved, with the inventories thereof so taken,

shall, after deducting therefrom the expenses, be delivered to the owners. No consul or vice consul shall have authority to take possession of any such merchandise, or other property, when the master, owner, or consignee thereof is present or capable of taking possession of the

same.

(R.S. § 4238.)

CODIFICATION

R.S. § 4238 derived from act Apr. 14, 1792, ch. 24, § 3, 1 Stat. 255.

§ 722. Property wrecked on Florida coast

All property, of any description whatsoever, which shall be taken from any wreck, from the sea, or from any of the keys and shoals, within the jurisdiction of the United States, on the coast of Florida, shall be brought to some port of entry within the jurisdiction of the United States.

(R.S. § 4239.)

CODIFICATION

R.S. § 4239 derived from act Mar. 3, 1825, ch. 107, § 2, 4 Stat. 133.

CROSS REFERENCES

Free importation of merchandise recovered from sunken and abandoned vessels, see section 1310 of Title 19, Customs Duties.

§ 723. Forfeitures for taking wrecked property to foreign ports

Every vessel which shall be engaged or employed in carrying or transporting any property whatsoever, taken from any wreck, from the sea, or from any of the keys or shoals, within the jurisdiction of the United States, on the coast of Florida, to any foreign port, shall, together with her tackle, apparel, and furniture, be forfeited, and all forfeitures incurred by virtue of this section shall accrue, one moiety to the informer and the other to the United States.

(R.S. § 4240.)

CODIFICATION

R.S. § 4240 derived from act Mar. 3, 1825, ch. 107, § 1, 4 Stat. 132.

§ 724. License to wreckers on Florida coast

No vessel, or master thereof, shall be regularly employed in the business of wrecking on the coast of Florida without the license of the judge of the district court for the district of Florida; and, before licensing any vessel or master, the judge shall be satisfied that the vessel is seaworthy, and properly and sufficiently fitted and equipped for the business or saving property shipwrecked and in distress; and that the master thereof is trustworthy, and innocent of any fraud or misconduct in relation to any property shipwrecked or saved on the coast.

(R.S. § 4241.)

§ 725. Canadian vessels aiding vessels wrecked or disabled in United States waters

Canadian vessels and wrecking appurtenance may render aid and assistance to Canadian or other vessels and property wrecked, disabled, or in distress in the waters of the United States contiguous to the Dominion of Canada.

This section shall be construed to apply to the canal and improvement of the waters between Lake Erie and Lake Huron, and to the waters of the Saint Mary's River and canal: And provided further, That this section shall cease to be in force from and after the date of the proclamation of the President of the United States to the effect that said reciprocal privilege has been withdrawn, revoked, or rendered inoperative by the said Government of the Dominion of Canada.

(June 19, 1878, ch. 324, 20 Stat. 175; May 24, 1890, ch. 292, 26 Stat. 120; Mar. 3, 1893, ch. 211, § 1, 27 Stat. 683.)

CODIFICATION

Act June 19, 1878, was entitled "An act to aid vessels wrecked or disabled in the waters coterminous to the United States and the Dominion of Canada."

As originally enacted, it read: "That Canadian vessels of all descriptions may render aid or assistance to Canadian or other vessels wrecked or disabled in the waters of the United States contiguous to the Dominion of Canada: Provided, That this act shall not take effect until proclamation by the President declaring that the privilege of aiding American or other vessels wrecked or disabled in Canadian waters contiguous to the United States has been extended by the Government of the Dominion of Canada and declaring this act to be in force: And provided further, That this act shall cease to be in force from and after the date of proclamation by the President to the effect that said reciprocal privilege has been withdrawn or revoked by said Government of the Dominion of Canada."

Act May 24, 1890, amended act June 19, 1878, to read as above set forth, except that, besides making the act applicable to the canal and improvement of the waters between Lake Erie and Lake Huron, etc., it was also made applicable to the Welland Canal, and the first paragraph contained a proviso concerning the taking effect of the act.

Act Mar. 3, 1893, struck out the provision relating to the Welland Canal.

CROSS REFERENCES

Use of foreign tugboats in United States prohibited, see section 316 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 316 of this title.

§ 726. International agreement as to derelicts

The President of the United States is authorized to make with the several Governments interested in the navigation of the North Atlantic Ocean, an international agreement providing for the reporting, marking, and removal of dangerous wrecks, derelicts, and other menaces to navigation in the North Atlantic Ocean outside the coast waters of the respective countries bordering thereon.

(Oct. 31, 1893, No. 13, 28 Stat. 13.)

CROSS REFERENCES

International agreements as to ice patrol and derelict destruction, see section 738 of this title.

§ 727. Right to salvage not affected by ownership of vessel

The right to remuneration for assistance or salvage services shall not be affected by common ownership of the vessels rendering and receiving such assistance or salvage services. (Aug. 1, 1912, ch. 268, § 1, 37 Stat. 242.)

EFFECTIVE DATE

Section 6 of act Aug. 1, 1912, provided that the act [enacting sections 727 to 731 of this title] shall take effect on and after July 1, 1912.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 731 of this title.

§ 728. Duty of master to assist persons in danger

The master or person in charge of a vessel shall, so far as he can do so without serious danger to his own vessel, crew, or passengers, render assistance to every person who is found at sea in danger of being lost; and if he fails to do so, he shall, upon conviction, be liable to a penalty of not exceeding $1,000 or imprisonment for a term not exceeding two years, or both.

(Aug. 1, 1912, ch. 268, § 2, 37 Stat. 242.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 731 of this title. § 729. Salvors of life to share in remuneration

Salvors of human life, who have taken part in the services rendered on the occasion of the accident giving rise to salvage, are entitled to a fair share of the remuneration awarded to the salvors of the vessel, her cargo, and accessories. (Aug. 1, 1912, ch. 268, § 3, 37 Stat. 242.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 731 of this title. $730. Time limit for salvage suits

A suit for the recovery of remuneration for rendering assistance or salvage services shall not be maintainable if brought later than two

years from the date when such assistance or salvage was rendered, unless the court in which the suit is brought shall be satisfied that during such period there had not been any reasonable opportunity of arresting the assisted or salved vessel within the jurisdiction of the court or within the territorial waters of the country in which the libelant resides or has his principal place of business.

(Aug. 1, 1912, ch. 268, § 4, 37 Stat. 242.)

FEDERAL RULES OF CIVIL PROCEDURE

Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 731 of this title. § 731. Applicability to ships of war

Nothing in sections 727 to 730 of this title shall be construed as applying to ships of war or to Government ships appropriated exclusively to a public service.

(Aug. 1, 1912, ch. 268, § 5, 37 Stat. 242.)

SUBCHAPTER II-WAR

§ 732. Repealed. May 4, 1948, ch. 256, § 5(a), 62 Stat. 210

Section, act Oct. 24, 1941, ch. 458, § 1, 55 Stat. 745, related to the furnishing, by the Secretary of the Navy, of salvage facilities during war or emergency. See sections 7361 to 7367 of Title 10, Armed Forces.

88 733 to 735. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

Section 733, act May 4, 1948, ch. 256, § 1, 62 Stat. 209, authorized the Secretary of the Navy to furnish salvage facilities for both public and private vessels, to acquire or to transfer for operation by private salvage companies vessels and equipment, to advance funds to private salvage companies. See sections 7361, 7362, and 7364 of Title 10, Armed Forces.

Section 734, act May 4, 1948, ch. 256, § 2, 62 Stat. 209, related to term contracts for the provision of salvage facilities and to the sale or transfer of salvage vessels or salvage gear. See sections 7361 and 7363 of Title 10.

Section 735, act May 4, 1948, ch. 256, § 3, 62 Stat. 210, provided for adjustment and settlement of claims for salvage services, and for disposition of moneys. See sections 7365 and 7367 of Title 10.

vessels and their crews requiring aid within the limits of the patrol; (b) to maintain a service of study and observation of ice and current conditions in such waters as may affect the set and drift of ice in the north Atlantic Ocean; and (c) to undertake all practicable steps to insure the destruction or removal of derelicts in the northern part of the Atlantic Ocean, east of the line drawn from Cape Sable to a point in latitude thirty-four degrees north, longitude seventy degrees west, if this destruction or removal is necessary. The President is further authorized to include in such agreements a provision for payment to the United States by the countries concerned, of their proportionate share of the expense for maintenance of the services named, or for the United States to contribute its proportionate share should it be agreed that another country was to maintain the patrol. (June 25, 1936, ch. 807, § 1, 49 Stat. 1922.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 738d of this title.

§ 738a. Patrol services

(a) Maintenance of ice patrol; aid to ships in distress; destruction of derelicts

Unless the agreements made in accordance with section 738 of this title provide otherwise, an ice patrol shall be maintained during the whole of the ice season in guarding the southeastern, southern, and southwestern limits of the region of icebergs in the vicinity of the Grand Banks of Newfoundland, and the patrol shall inform trans-Atlantic and other passing vessels by radio and such other means as are available of the ice conditions and the extent of the dangerous region. A service of study of ice and current conditions, a service of affording assistance to vessels and crews requiring aid, and a service of removing and destroying derelicts shall be maintained during the ice season and any or all such services may be maintained during the remainder of the year as may be advisable.

(b) Warning to vessels

The ice patrol vessels shall warn vessels known to be approaching a dangerous area and recommend safe routes.

(c) Report on ships in dangerous regions

The ice patrol vessels shall record the name, together with all the facts in the case, of any ship which is observed or known to be on other than a regular recognized or advertised ship route crossing the North Atlantic Ocean, or to have crossed the fishing banks of Newfoundland north of latitude forty-three degrees north during the fishing season, or, when proceeding to and from ports of North America to have passed through regions known or believed to be endangered by ice. The name of any such ship and all pertinent information relating to the incident shall be reported to the government of the country to which the ship belongs, if the government of that country so requests. (d) Administration by Coast Guard

The Commandant of the Coast Guard, under the direction of the Secretary of Transporta

tion, shall administer the services provided for in this section and shall assign thereto such vessels, material, and personnel of the Coast Guard as may be necessary. Any executive department or agency may upon the request of the Secretary of Transportation detail personnel, loan or contribute material or equipment, or otherwise assist in the carrying out of the services named.

(e) Annual report

The Commandant of the Coast Guard shall publish each year a report of the activities of the services provided for in this section, a copy of which shall be furnished to each interested foreign government and to each agency assisting in the work.

(June 25, 1936, ch. 807, § 2, 49 Stat. 1922; Oct. 15, 1966, Pub. L. 89-670, § 6(b)(1), 80 Stat. 938.)

TRANSFER OF FUNCTIONS

"Secretary of Transportation" was substituted in subsec. (d) for "Secretary of the Treasury” on authority of Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938, which transferred all the functions, powers, and duties relating to the Coast Guard of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury to the Secretary of Transportation. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of the Coast Guard, and the Commandant of the Coast Guard, were excepted from transfer when the Coast Guard is operating as part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 738d of this title.

§ 738b. Operator of vessel to give notice of routes; avoidance of ice regions; penalty

(a) The owner, or operating agent, of any passenger vessel of the United States crossing the North Atlantic Ocean shall give public notice, in such manner as may be prescribed by the Secretary of Transportation, of the regular routes which he proposes such vessel will follow and of any changes made in a route, and shall require the vessel to follow the published route as far as circumstances will permit. Any passenger vessel of the United States crossing the North Atlantic Ocean shall follow, as far as circumstances will permit, the recognized ship routes; it shall avoid, as far as practicable, the fishing banks of Newfoundland, north of latitude forty-three degrees north during the fishing season; and shall, as far as circumstances will permit, pass outside of the regions reported or known to be endangered by ice.

(b) If the owner, or operating agent, of any such passenger vessel fails to comply with this

section, he shall for each offense be liable to a fine not exceeding $100.

(June 25, 1936, ch. 807, § 3, 49 Stat. 1923; Oct. 15, 1966, Pub. L. 89-670, § 6(b)(1), 80 Stat. 938.)

TRANSFER OF FUNCTIONS

"Secretary of Transportation" was substituted for "Secretary of the Treasury" on authority of Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938, which transferred all the functions, powers, and duties relating to the Coast Guard of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury to the Secretary of Transportation. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of the Coast Guard, and the Commandant of the Coast Guard, were excepted from transfer when the Coast Guard is operating as part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 738d of this title.

§ 738c. Speed of vessel in ice region; penalty

(a) The master of every vessel of the United States when ice is reported on or near his course, shall proceed at a moderate speed or alter his course so as to go well clear of the danger zone.

(b) If the master of any such ship fails to comply with this section, he shall for each offense be liable to a fine not exceeding $500. (June 25, 1936, ch. 807, § 4, 49 Stat. 1923.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 738d of this title.

§ 738d. Publication of rules and regulations in Federal Register

All rules and regulations, except such as have no general applicability and legal effect or are effective only against Federal agencies or persons in their capacity as officers, agents, or employees thereof, issued, prescribed, or promulgated pursuant to authority contained in sections 738 to 738d of this title, shall be forwarded forthwith to the Division of the Federal Register in The National Archives for filing and publishing in the Federal Register. (June 25, 1936, ch. 807, § 5, 49 Stat. 1924.)

§ 740. Extension of admiralty and maritime jurisdiction; libel in rem or in personam; exclusive remedy; waiting period

The admiralty and maritime jurisdiction of the United States shall extend to and include all cases of damage or injury, to person or property, caused by a vessel on navigable water, notwithstanding that such damage or injury be done or consummated on land.

In any such case suit may be brought in rem or in personam according to the principles of law and the rules of practice obtaining in cases where the injury or damage has been done and consummated on navigable water: Provided, That as to any suit against the United States for damage or injury done or consummated on land by a vessel on navigable waters, the Public Vessels Act [46 U.S.C. 781 et seq.] or Suits in Admiralty Act [46 U.S.C. 741 et seq.], as appropriate, shall constitute the exclusive remedy for all causes of action arising after June 19, 1948, and for all causes of action where suit has not been hitherto filed under the Federal Tort Claims Act: Provided further, That no suit shall be filed against the United States until there shall have expired a period of six months after the claim has been presented in writing to the Federal agency owning or operating the vessel causing the injury or damage.

(June 19, 1948, ch. 526, 62 Stat. 496.)

REFERENCES IN TEXT

The Public Vessels Act, referred to in text, is act Mar. 3, 1925, ch. 428, 43 Stat. 1112, as amended, which is classified generally to chapter 22 (§ 781 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 781 of this title and Tables.

The Suits in Admiralty Act, referred to in text, is act Mar. 9, 1920, ch. 95, 41 Stat. 525, as amended, which is classified generally to chapter 20 (§ 741 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 741 of this title and Tables.

The Federal Tort Claims Act, referred to in text, is classified generally to section 1346(b) and chapter 171 (§ 2671 et seq.) of Title 28, Judiciary and Judicial Procedure.

CHAPTER 19A-ADMIRALTY AND MARITIME

JURISDICTION

Procedure in cases of libel in personam.