Question 59 ONC05 - Master or Mate of LT 200 GRT

The Correct Answer is C **Explanation for Option C (Correct):** Option C, "Qualified aliens may be employed to fill the vacancies," is correct based on U.S. maritime labor law, specifically regarding manning requirements on U.S. flag vessels engaged in foreign trade. Under normal circumstances, certain licensed positions must be held by U.S. citizens. However, for unlicensed positions (such as those in the steward's, deck, or engine departments), federal regulations (often referenced in 46 U.S.C. Chapter 81 and related regulations) permit the employment of qualified non-citizens (aliens) when the vessel is operating on a foreign voyage and finds it necessary to fill vacancies that occur abroad. This is particularly true when replacement crew members cannot readily be sourced from the U.S. citizen pool without causing undue delay or expense to the vessel. The key requirement is that the aliens must be qualified for the position. **Explanation of Why Other Options Are Incorrect:** * **A) Seamen to fill vacancies must be flown from U.S. to join the vessel in the foreign port.** This is incorrect. While sourcing U.S. citizens is ideal, the law does not impose an absolute requirement to incur the significant expense and delay of flying replacements from the U.S. when qualified personnel can be hired locally abroad to fill unlicensed positions, especially during an extended foreign voyage. * **B) Vacancies can only be filled by U.S. citizens with valid Merchant Mariner's Documents.** This is incorrect. While the general policy favors U.S. citizen manning, the necessity clause allows qualified aliens to be employed to fill unlicensed vacancies when abroad, overriding the strict U.S. citizen requirement in this specific context. * **D) Aliens may be employed except that all U.S. flag vessels must maintain no less than 90% U.S. citizens in the crew.** This specific 90% requirement is not the current or applicable standard governing the employment of unlicensed personnel to fill vacancies on U.S. flag vessels engaged in foreign trade under these circumstances. Manning laws generally focus on maintaining a suitable and qualified crew, allowing for the substitution of aliens in unlicensed roles when necessity dictates during a foreign voyage. (Manning requirements are more complex, but a blanket 90% rule is not the controlling factor here.)