dreamproit/uscode huggingface dataset:
46 U.S.C. § 9308 (SHIPPING)
§ 9308. Penalties
(a) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel knowingly allowing the vessel to be operated in violation of section 9302 of this title is liable to the United States Government for a civil penalty of no more than $10,000 for each day during which the vessel is in violation. The vessel also is liable in rem for the penalty.
(b) An individual who directs the navigation of a vessel in violation of section 9302 of this title is liable to the Government for a civil penalty of no more than $10,000 for each day during which the violation occurs.
(c) A person violating a regulation prescribed under section 9303 of this title is liable to the Government for a civil penalty of no more than $10,000.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 101–380, title IV, § 4108(b), Aug. 18, 1990, 104 Stat. 515.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
9308
46:216e(a)–(c)
Section 9308 prescribes the penalties for violations of sections 9302 and 9303.
heading: Amendments
text: 1990—Subsecs. (a) to (c). Pub. L. 101–380 substituted “no more than $10,000” for “$500”.
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
46 U.S.C. § 10101 (SHIPPING)
§ 10101. Definitions
In this part—
(1) “master” means the individual having command of a vessel.
(2) “owner” means the person to whom the vessel belongs.
(3) “seaman” means an individual (except scientific personnel, a sailing school instructor, or a sailing school student) engaged or employed in any capacity on board a vessel.
(4) “fishing vessel” includes—
(A) a fish tender vessel; or
(B) a fish processing vessel entered into service before January 1, 1988, and not more than 1,600 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title or entered into service after December 31, 1987, and having not more than 16 individuals on board primarily employed in the preparation of fish or fish products.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 98–364, title IV, § 402(13), July 17, 1984, 98 Stat. 449; Pub. L. 98–557, § 33(d), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99–640, § 10(b)(3), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 104–324, title VII, § 736, Oct. 19, 1996, 110 Stat. 3941.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10101
46:713
Section 10101 defines the terms master, seaman, and owner as they apply to merchant seamen’s protection and relief.
heading: Amendments
text: 1996—Par. (4)(B). Pub. L. 104–324 inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “1,600 gross tons”.
1986—Pars. (1), (3). Pub. L. 99–640 struck out “owned by a citizen of the United States” after “vessel”.
1984—Par. (4). Pub. L. 98–364, as amended Pub. L. 98–557, added par. (4).
46 U.S.C. § 10102 (SHIPPING)
[§ 10102. Repealed. Pub. L. 103–206, title IV, § 422(c)(1), Dec. 20, 1993, 107 Stat. 2439]
text: Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560, related to designations and duties of shipping commissioners.
46 U.S.C. § 10103 (SHIPPING)
§ 10103. Reports
(a) A master of a vessel to which section 8701(a) of this title applies, who engages or discharges a seaman, shall submit reports to the vessel owner in the form, content, and manner of filing as prescribed by regulation, to ensure compliance with laws related to manning and the engagement and discharge of seamen.
(b) This section does not apply to a ferry or towing vessel operated in connection with a ferry operation, employed only in trades other than with foreign ports, lakes, bays, sounds, bayous, canals, or harbors.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 103–206, title IV, § 417, Dec. 20, 1993, 107 Stat. 2438.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10103
46:643(l)
Section 10103 requires that masters who engage or discharge seamen submit to the Coast Guard reports of the manning of the vessel, and reports of shipping agreements which are not supervised by a shipping commissioner. It also contains a number of exceptions for specified vessels.
heading: Amendments
text: 1993—Subsec. (a). Pub. L. 103–206 struck out “without a shipping commissioner being present” after “discharges a seaman” and inserted “to the vessel owner” after “shall submit reports”.
46 U.S.C. § 10104 (SHIPPING)
§ 10104. Requirement to report sexual offenses
(a) A master or other individual in charge of a documented vessel shall report to the Secretary a complaint of a sexual offense prohibited under chapter 109A of title 18, United States Code.
(b) A master or other individual in charge of a documented vessel who knowingly fails to report in compliance with this section is liable to the United States Government for a civil penalty of not more than $5,000.
(Added Pub. L. 101–225, title II, § 214(a)(2), Dec. 12, 1989, 103 Stat. 1914.)
heading: Prior Provisions
text: A prior section 10104, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 561, related to regulations, prior to repeal by Pub. L. 101–225, § 214(a)(1).
46 U.S.C. § 10301 (SHIPPING)
§ 10301. Application
(a) Except as otherwise specifically provided, this chapter applies to a vessel of the United States—
(1) on a voyage between a port in the United States and a port in a foreign country (except a port in Canada, Mexico, or the West Indies); or
(2) of at least 75 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title on a voyage between a port of the United States on the Atlantic Ocean and a port of the United States on the Pacific Ocean.
(b) This chapter does not apply to a vessel on which the seamen are entitled by custom or agreement to share in the profit or result of a voyage or to riding gang members.
(c) Unless otherwise provided, this chapter does not apply to a foreign vessel.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 561; Pub. L. 104–324, title VII, § 737, Oct. 19, 1996, 110 Stat. 3941; Pub. L. 109–241, title III, § 312(c)(2), July 11, 2006, 120 Stat. 533.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10301
46:564
46:566
46:574
Section 10301 specifies that vessels on foreign and intercoastal voyages (except for fishing vessels and foreign vessels) are subject to the seamen protection and relief provisions contained in chapter 103.
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–241 inserted “or to riding gang members” after “voyage”.
1996—Subsec. (a)(2). Pub. L. 104–324 inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “75 gross tons”.
46 U.S.C. § 10302 (SHIPPING)
§ 10302. Shipping articles agreements
(a) The owner, charterer, managing operator, master, or individual in charge shall make a shipping agreement in writing with each seaman before the seaman commences employment.
(b) The agreement shall contain the following:
(1) the nature, and, as far as practicable, the duration of the intended voyage, and the port or country in which the voyage is to end.
(2) the number and description of the crew and the capacity in which each seaman is to be engaged.
(3) the time at which each seaman is to be on board to begin work.
(4) the amount of wages each seaman is to receive.
(5) regulations about conduct on board, and information on fines, short allowance of provisions, and other punishment for misconduct provided by law.
(6) a scale of the provisions that are to be provided each seaman.
(7) any stipulation in reference to advances and allotments of wages.
(8) other matters not contrary to law.
(c) Each shipping agreement must be signed by the master or individual in charge or a representative of the owner, charterer, or managing operator, and by each seaman employed.
(d) The owner, charterer, managing operator, master, or individual in charge shall maintain the shipping agreement and make the shipping agreement available to the seaman.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 561; Pub. L. 103–206, title IV, § 401, Dec. 20, 1993, 107 Stat. 2435.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10302
46:564
Section 10302 requires the master to make a shipping agreement with each crew member and lists the information that must be included in the agreement.
heading: Amendments
text: 1993—Subsec. (a). Pub. L. 103–206, § 401(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Before proceeding on a voyage, the master of a vessel to which this chapter applies shall make a shipping articles agreement in writing with each seaman in the crew.”
Subsecs. (c), (d). Pub. L. 103–206, § 401(2), added subsecs. (c) and (d).
46 U.S.C. § 10303 (SHIPPING)
§ 10303. Provisions
(a) A seaman shall be served at least 3 meals a day that total at least 3,100 calories, including adequate water and adequate protein, vitamins, and minerals in accordance with the United States Recommended Daily Allowances.
(b) The text of subsection (a) of this section shall be included in the agreement required by section 10302 of this title. A copy of the text also shall be posted in a conspicuous place in the galley and forecastle of each vessel.
(c) This section does not apply to a fishing or whaling vessel or a yacht.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 562.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10303
46:713
Section 10303 requires that seamen be served adequate food and water and that the text of this requirement be posted in the galley. The provisions do not apply to fishing vessels, whaling vessels, or yachts.
46 U.S.C. § 10305 (SHIPPING)
§ 10305. Manner of signing agreement
The agreement required by section 10302 of this title shall be signed—
(1) first by the master and dated at that time, after which each seaman shall sign; and
(2) in the presence of the master or individual in charge.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 563; Pub. L. 103–206, title IV, § 403, Dec. 20, 1993, 107 Stat. 2436.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10305
46:565
Section 10305 describes the procedures for signing the shipping agreement, and for keeping official records of the agreement. It also requires that the agreement include a statement that the seaman understand its provisions, and did so while sober.
heading: Amendments
text: 1993—Pub. L. 103–206 struck out “(a)” before “The agreement”, substituted “the master or individual in charge” for “a shipping commissioner” in par. (2), and struck out subsecs. (b) and (c) which read as follows:
“(b) When the crew is first engaged, the agreement shall be signed in duplicate. One of the copies shall be retained by the shipping commissioner. The other copy shall contain space for the description and signatures of seamen engaged subsequent to the first making of the agreement, and shall be delivered to the master.
“(c) An agreement signed before a shipping commissioner shall be acknowledged and signed by the commissioner on the agreement in the manner and form prescribed by regulation. The acknowledgment and certification shall include a statement by the commissioner that the seaman—
“(1) has read the agreement;
“(2) is acquainted with and understands its conditions; and
“(3) has signed it freely and voluntarily when sober.”
46 U.S.C. § 10306 (SHIPPING)
§ 10306. Exhibiting merchant mariners’ documents
Before signing the agreement required by section 10302 of this title, each individual required by section 8701 of this title to have a merchant mariner’s document shall exhibit to the master or individual in charge a document issued to the individual, appropriately endorsed for the capacity in which the individual is to serve.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, § 404, Dec. 20, 1993, 107 Stat. 2436.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10306
46:643(c)
Section 10306 requires a seaman to exhibit an appropriately endorsed merchant mariner’s document to the shipping commissioner before signing a shipping agreement. When a master acts as a shipping commissioner, the same procedure applies.
heading: Amendments
text: 1993—Pub. L. 103–206 substituted “master or individual in charge” for “shipping commissioner”.
46 U.S.C. § 10307 (SHIPPING)
§ 10307. Posting agreements
At the beginning of a voyage, the master shall have a legible copy of the agreement required by section 10302 of this title, omitting signatures, exhibited in a part of the vessel accessible to the crew.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, § 405, Dec. 20, 1993, 107 Stat. 2436.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10307
46:577
Section 10307 requires the master to post a copy of the shipping agreement in a part of the vessel accessible to the crew prior to the commencement of a voyage. The posting must be done in a manner that gives seamen adequate notice of the particulars of the pending voyage.
heading: Amendments
text: 1993—Pub. L. 103–206 struck out at end “A master violating this section is liable to the United States Government for a civil penalty of $100.”
46 U.S.C. § 10308 (SHIPPING)
§ 10308. Foreign engagements
When a seaman is engaged outside the United States, the agreement required by section 10302 of this title shall be signed in the presence of a consular officer. If a consular officer is not available at the port of engagement, the seaman may be engaged, and the agreement shall be signed in the next port at which a consular officer is available.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, § 406, Dec. 20, 1993, 107 Stat. 2436.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10308
46:570
Section 10308 requires that shipping agreements made in foreign ports be signed in the presence of a consular officer. The penalty for violation of this section is $100.
heading: Amendments
text: 1993—Pub. L. 103–206 struck out “(a)” before “When a seaman” and struck out subsec. (b) which read as follows: “A master engaging a seaman in violation of this section is liable to the United States Government for a civil penalty of $100. The vessel also is liable in rem for the penalty.”
46 U.S.C. § 10309 (SHIPPING)
§ 10309. Engaging seamen to replace those lost by desertion or casualty
(a) If a desertion or casualty results in the loss of at least one seaman, the master shall engage, if obtainable, a number equal to the number of seamen of whose services the master has been deprived. The new seaman must have at least the same grade or rating as the seaman whose place the new seaman fills. The master shall report the loss and replacement to a consular officer at the first port at which the master arrives.
(b) This section does not apply to a fishing or whaling vessel or a yacht.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, § 407, Dec. 20, 1993, 107 Stat. 2436.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10309
46:569
Section 10309 provides for the replacement of seamen lost by desertion or casualty. It does not apply to fishing vessels, whaling vessels, or yachts.
heading: Amendments
text: 1993—Subsecs. (b), (c). Pub. L. 103–206 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “The master is liable to the United States Government for a civil penalty of $200 for each report not made. The vessel also is liable in rem for the penalty.”
46 U.S.C. § 10310 (SHIPPING)
§ 10310. Discharge
A master shall deliver to a seaman a full and true account of the seaman’s wages and all deductions at least 48 hours before paying off or discharging the seaman.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, § 408, Dec. 20, 1993, 107 Stat. 2436.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10310
46:641
46:642
Section 10310 requires the master of a vessel to give each seaman a full account of the seaman’s wages 48 hours before discharge. The penalty for violation is $50.
heading: Amendments
text: 1993—Pub. L. 103–206 struck out “or a shipping commissioner” after “to a seaman” and struck out at end “A master failing to deliver the account is liable to the United States Government for a civil penalty of $50.”
46 U.S.C. § 10311 (SHIPPING)
§ 10311. Certificates of discharge
(a) On discharging a seaman and paying the seaman’s wages, the master or individual in charge shall provide the seaman with a certificate of discharge. The form of the certificate shall be prescribed by regulation. It shall contain—
(1) the name of the seaman;
(2) the citizenship or nationality of the seaman;
(3) the number of the seaman’s merchant mariner’s document;
(4) the name and official number of the vessel;
(5) the nature of the voyage (foreign, intercoastal, or coastwise);
(6) the propulsion class of the vessel;
(7) the date and place of engagement;
(8) the date and place of discharge; and
(9) the seaman’s capacity on the voyage.
(b) The certificate of discharge may not contain a reference about the character or ability of the seaman. The certificate shall be signed by the master and the seaman.
(c) A certificate of discharge may not be issued if the seaman holds a continuous discharge book. The entries shall be made in the discharge book in the same manner as the entries required by subsection (a) of this section.
(d)
(1) A record of each discharge shall be maintained by the owner, charterer, managing operator, master, or individual in charge in the manner and location prescribed by regulation. The records may not be open for general or public use or inspection.
(2) A duplicate of a record of discharge shall be issued to a seaman at the request of the seaman.
(e) This section does not apply to a fishing or whaling vessel or a yacht.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, § 409, Dec. 20, 1993, 107 Stat. 2436.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10311
46:643
Section 10311 requires a shipping commissioner, when discharging a seaman, either to provide the seaman with a certificate of discharge or to make an entry in the seaman’s continuous discharge book. It requires that certain facts be included in the certificate or in the entry, prohibits other information from being included, and requires the Secretary to keep records of all discharges, copies of which must be furnished to seamen at cost upon request. These discharges are used to substantiate the nature and duration of the seaman’s employment on a particular vessel. This section does not apply to fishing vessels, whaling vessels, or yachts.
heading: Amendments
text: 1993—Subsec. (a). Pub. L. 103–206, § 409(1), substituted “master or individual in charge” for “shipping commissioner”.
Subsec. (b). Pub. L. 103–206, § 409(2), substituted “by the master and the seaman” for “by the master, the seaman, and the shipping commissioner as witness”.
Subsec. (d)(1). Pub. L. 103–206, § 409(3), substituted “owner, charterer, managing operator, master, or individual in charge” for “Secretary”.
Subsec. (d)(2). Pub. L. 103–206, § 409(4), substituted “at the request of the seaman” for “at a cost prescribed by regulation”.
46 U.S.C. § 10312 (SHIPPING)
§ 10312. Settlements on discharge
When discharge and settlement are completed, the master, individual in charge, or owner and each seaman shall sign the agreement required by section 10302 of this title.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 565; Pub. L. 103–206, title IV, § 410, Dec. 20, 1993, 107 Stat. 2437.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10312(a), (b), (d)–(f)
46:644
10312(c)
46:652
Section 10312 outlines the procedures for settlements upon discharge and for settling disputes over seamen’s wages and discharges.
heading: Amendments
text: 1993—Pub. L. 103–206 amended heading and text of section generally, substituting text consisting of sentence relating to signing agreements on discharge and settlement for former subsecs. (a) to (f) relating to such agreements, proceedings before shipping commissioners to settle disputes, certified copies of agreements, evidence of release of claims, and statements of wages paid.
46 U.S.C. § 10314 (SHIPPING)
§ 10314. Advances
(a)
(1) A person may not—
(A) pay a seaman wages in advance of the time when the seaman has earned the wages;
(B) pay advance wages of the seaman to another person; or
(C) make to another person an order, note, or other evidence of indebtedness of the wages, or pay another person, for the engagement of seamen when payment is deducted or to be deducted from the seaman’s wage.
(2) A person violating this subsection is liable to the United States Government for a civil penalty of not more than $500. A payment made in violation of this subsection does not relieve the vessel or the master from the duty to pay all wages after they have been earned.
(b) A person demanding or receiving from a seaman or an individual seeking employment as a seaman, remuneration for providing the seaman or individual with employment, is liable to the Government for a civil penalty of not more than $500.
(c) This section applies to a foreign vessel when in waters of the United States. An owner, charterer, managing operator, agent, or master of a foreign vessel violating this section is liable to the Government for the same penalty as an owner, charterer, managing operator, agent, or master of a vessel of the United States for the same violation.
(d) The owner, charterer, managing operator, agent, or master of a vessel seeking clearance from a port of the United States shall present the agreement required by section 10302 of this title at the office of clearance. Clearance may be granted to a vessel only if this section has been complied with.
(e) This section does not apply to a fishing or whaling vessel or a yacht.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 567; Pub. L. 99–640, § 10(b)(4), Nov. 10, 1986, 100 Stat. 3550.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10314
46:599
Section 10314 forbids advance payment of wages to seamen prior to the commencement of the seaman’s employment. It provides a civil penalty of $500 for any person making such a payment, and for any person demanding or receiving remuneration for providing a seaman with employment. This means that the use of employment agencies for hiring seamen is prohibited. It also requires compliance with section 10302 regarding the signing of articles of agreement before a vessel can be cleared from a United States port. This section applies to foreign vessels in United States waters but not to fishing vessels, whaling vessels or yachts.
heading: Amendments
text: 1986—Subsec. (e). Pub. L. 99–640 struck out last sentence which read as follows: “However, this section applies to a vessel taking oysters.”