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as an Able Seaman. For vessels that maintain a two-watch system, the percentage of qualified crew may be reduced to 50 percent. A credentialed Master or Mate operating a UTV may not work more than 12 hours in a consecutive 24-hour period except in an emergency. As such, UTVs operating more than 12 hours per day in any 24-hour period require a second officer holding a credential as a Master, Mate (Pilot) of Towing Vessels, or Mate (Pilot) of Towing Vessels, Limited. Furthermore, an officer can only take charge of deck watch when leaving, or immediately afterleaving, port only after the officer has been off-duty for at least 6 hours within the 12 hours immediately before the time of leaving port. In determining how to schedule watches, the type of voyages that your vessel will accom- plish is important. A three-watch system is required for UTV crew when at sea on voyages greater than 600 nau- tical miles. If the voyage is less than 600 nautical miles, the crew can be scheduled in two watches. The penalties for non-compliance can be severe. 46 USC 4106 states that if a UTV operates in violation of the applicable lawsor regulations, the owner, charterer, managing operator, agent, individual in charge, and master are each liable for civil and criminal penalties. As such, compliance withthese rules and regulations is of the utmost importance. If penalties are assessed, the vessel is also liable in rem for the amount of the penalty as well. In addition to these gov- ernment imposed penalties, an owner or operator could also be held liable in a civil matter arising out of any acci-dent that relates to the staffing issue. Although the opera- tor of each particular vessel has the best idea as to how a vessel could be operated safely, the Coast Guard rules and regulations dictate the number and type of crew that must be aboard the vessel, as well as the area of service and the number of hours that can be worked. As the cost of non- compliance can be severe, it is important to spend some time analyzing the makeup of your crews to make sure that you are in compliance with the applicable rules and regulations. Think you know your crewing requirements? Think again. And then check it twice.Mr. DeMarcay is a partner in the law firm of Fowler Rodriguez Valdes-Fauli. Based in New Orleans. On the WEB: www.frvf-law.com www.marinelink.com MN27MN#5 (18-31):MN 2011 Layouts 5/7/2012 1:22 PM Page 27