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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: Editorial Notes
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. § 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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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.”
46 U.S.C. § 10320 (SHIPPING)
§ 10320. Records of seamen
The Secretary shall prescribe regulations requiring vessel owners to maintain records of seamen on matters of engagement, discharge, and service. A vessel owner shall make these records available to the seaman and the Coast Guard on request.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 569; Pub. L. 103–206, title IV, § 411, Dec. 20, 1993, 107 Stat. 2437.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10320
..............................................
Section 10320 authorizes the Secretary to provide for the maintenance of records of the engagement, discharge, or service of seamen.
heading: Editorial Notes
heading: Amendments
text: 1993—Pub. L. 103–206 amended heading and text of section generally. Prior to amendment, text read as follows: “The Secretary may prescribe regulations for reporting by a master of matters about the engagement, discharge, or service of seamen that may be needed in keeping central records of seamen.”
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
46 U.S.C. § 10321 (SHIPPING)
§ 10321. General penalty
(a) A person violating any provision of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $5,000.
(b) The vessel is liable in rem for any penalty assessed under this section.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 569; Pub. L. 103–206, title IV, § 412, Dec. 20, 1993, 107 Stat. 2437.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10321
46:567
46:568
46:571
46:661
46:665
Section 10321 makes a vessel on which a seaman is carried to sea in violation of this chapter or regulation prescribed under this chapter liable in rem to the United States Government for a civil penalty of $200 for each seaman carried in violation.
heading: Editorial Notes
heading: Amendments
text: 1993—Pub. L. 103–206 amended heading and text of section generally. Prior to amendment, text read as follows: “The owner, charterer, managing operator, agent, or master of a vessel on which a seaman is carried in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of $200 for each seaman carried in violation. The vessel also is liable in rem for the penalty.”
46 U.S.C. § 10501 (SHIPPING)
§ 10501. Application
(a) Except for a vessel to which chapter 103 of this title applies, this chapter applies to a vessel of at least 50 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 in one State and a port in another State (except an adjoining State).
(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.
(c) Unless otherwise provided, this chapter does not apply to a foreign vessel.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 104–324, title VII, § 738, Oct. 19, 1996, 110 Stat. 3941.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10501
46:574
Section 10501 specifies that vessels over 50 gross tons that are not subject to chapter 103 and are engaged on voyages between two states (except for adjoining states) are subject to the provisions of this chapter. Specifically excluded are foreign vessels and vessels on which seamen share the profits.
heading: Editorial Notes
heading: Amendments
text: 1996—Subsec. (a). 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 “50 gross tons”.
46 U.S.C. § 10502 (SHIPPING)
§ 10502. 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 include the date and hour on which the seaman must be on board to begin the voyage.
(c) The agreement may not contain a provision on the allotment of wages or a scale of provisions.
(d) 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.
(e) The owner, charterer, managing operator, master, or individual in charge shall maintain the shipping agreement and make the shipping agreement available to the seaman.
(f) The Secretary shall prescribe regulations requiring shipping companies to maintain records of seamen on matters of engagement, discharge, and service. The shipping companies shall make these records available to the seaman and the Coast Guard on request.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 103–206, title IV, § 413, Dec. 20, 1993, 107 Stat. 2437.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10502
46:574
Section 10502 requires the master on a vessel engaged on a coastwise voyage to sign a shipping agreement with each member of the crew and lists provisions which must be and provisions which may not be included in the agreement.
heading: Editorial Notes
heading: Amendments
text: 1993—Subsec. (a). Pub. L. 103–206, § 413(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 on board, declaring the nature of the voyage or the period of time for which the seaman is engaged.”
Subsecs. (d) to (f). Pub. L. 103–206, § 413(2), added subsecs. (d) to (f).
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.