United States v. Manuel Neves, Master of the Fishing Vessel Constitution

The United States appeals from a judgment dismissing its claim for $100, the amount of a penalty imposed upon the appellee, Neves, in 1972 by the United States Coast Guard. We reverse.

This is a shipping case involving construction and correlation of two statutes. The facts are stipulated and the case was decided upon cross motions for summary judgment.

Appellee Neves was the managing owner of the CONSTITUTION, a motor-propelled fishing vessel of more than 200 gross tons. The vessel put out to sea and spent 16 days on the high seas in 1972. The only licensed officer aboard was the master and owner, appellee Neves. A crew in excess of five persons, none of whom was licensed as master or mate, was employed by Neves and was on board the vessel for the entire voyage. After the ship’s return to port, Neves was charged with violating 46 U.S.C. § 224a, in that he “. . . did employ or engage a person or persons, not licensed by the Coast Guard, to perform duties of mate or navigating officer aboard a documented vessel of over 200 gross tons for a voyage on the high seas”. The statutory penalty of $100 was imposed.

Section 224a is a statute which was enacted in order to effectuate the…