Part G—Merchant Seamen Protection and Relief
Historical and Revision Notes
Part G provides for a number of measures for the protection and relief of merchant seamen by requiring certain contractual obligations between the master who represents the vessel owner's interest and the seamen who are engaged or employed on board a vessel, by requiring certain proceedings when a seaman dies or a vessel is suspected of being unseaworthy, by requiring certain standards for accommodations, medicine, clothing, miscellaneous merchandise, and for the handling of special and unique problems of seamen. It also provides for a method of imposing disciplinary controls through the logging of offenses and provides penalties for specified offenses, and certain related disciplinary procedures. The provisions of this part generally do not apply to fishing vessels, whaling vessels, or yachts.
CHAPTER 101 —GENERAL
Editorial Notes
Amendments
2022—
1993—
1989—
§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
(
| 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.
Editorial Notes
Amendments
1996—Par. (4)(B).
1986—Pars. (1), (3).
1984—Par. (4).
[§10102. Repealed. Pub. L. 103–206, title IV, §422(c)(1), Dec. 20, 1993, 107 Stat. 2439 ]
Section,
§10103. Reports
(a) A master of a vessel to which
(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.
(
| 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.
Editorial Notes
Amendments
1993—Subsec. (a).
§10104. Requirement to report sexual offenses
(a)
(1)
(2)
(b)
(1)
(A) a single entity in the Coast Guard designated by the Commandant to receive such reports; and
(B) the appropriate officer or agency of the government of the country in whose waters the incident occurs.
(2)
(A) the name, official position or role in relation to the vessel, and contact information of such individual;
(B) the name and official number of the documented vessel;
(C) the time and date of the incident;
(D) the geographic position or location of the vessel when the incident occurred; and
(E) a brief description of the alleged sexual harassment or sexual assault being reported.
(3)
(A)
(i) may establish additional reporting procedures, including procedures for receiving reports through—
(I) a single telephone number that is continuously manned at all times; and
(II) a single email address that is continuously monitored; and
(ii) shall use procedures that include preserving evidence in such reports and providing emergency service referrals.
(B)
(c)
(1)
(2)
(d)
(1) A responsible entity of a vessel that makes a report under subsection (a) shall—
(A) submit to the Commandant a document with detailed information to describe the actions taken by such entity after becoming aware of the sexual assault or sexual harassment incident, including the results of any investigation into the complaint or incident and any action taken against the offending individual; and
(B) make such submission not later than 10 days after such entity made the report under subsection (a).
(2)
(e)
(f)
(1)
(2)
(g)
(1) the owner, master, or managing operator of a documented vessel engaged in commercial service; or
(2) the employer of a seafarer on such a vessel.
(Added
Editorial Notes
Prior Provisions
A prior section 10104,
Amendments
2022—
"(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
"(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."
§10105. Reports to Congress
(a)
(1) the number of reports received under section 10104;
(2) the number of penalties issued under such section;
(3) the number of open investigations under such section, completed investigations under such section, and the outcomes of such open or completed investigations;
(4) the number of assessments or audits conducted under section 3203 and the outcome of those assessments or audits;
(5) a statistical analysis of compliance with the safety management system criteria under section 3203;
(6) the number of credentials denied or revoked due to sexual harassment, sexual assault, or related offenses; and
(7) recommendations to support efforts of the Coast Guard to improve investigations and oversight of sexual harassment and sexual assault in the maritime sector, including funding requirements and legislative change proposals necessary to ensure compliance with title CXVI of the Don Young Coast Guard Authorization Act of 2022 and the amendments made by such title.
(b)
(Added
References in Text
The date of the enactment of the Don Young Coast Guard Authorization Act of 2022, referred to in subsec. (a), is the date of enactment of division K of
Title CXVI of the Don Young Coast Guard Authorization Act of 2022, referred to subsec. (a)(7), is title CXVI of division K of
CHAPTER 103 —FOREIGN AND INTERCOASTAL VOYAGES
§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
(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.
(
| 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
Editorial Notes
Amendments
2006—Subsec. (b).
1996—Subsec. (a)(2).
§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.
(
| 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.
Editorial Notes
Amendments
1993—Subsec. (a).
Subsecs. (c), (d).
§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
(c) This section does not apply to a fishing or whaling vessel or a yacht.
(
| 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.
§10304. Form of agreement
The form of the agreement required by
United States of America
(Date and place of first signature of agreement):
It is agreed between the master and seamen of the , of which is at present master, or whoever shall go for master, now bound from the port of to (here the voyage is to be described, and the places named at which the vessel is to touch, or if that cannot be done, the general nature and probable length of the voyage is to be stated).
The seamen agree to conduct themselves in an orderly, faithful, honest, and sober manner, and to be at all times diligent in their respective duties, and to be obedient to the lawful commands of the master, or of an individual who lawfully succeeds the master, and of their superior officers in everything related to the vessel, and the stores and cargo of the vessel, whether on board, in boats, or on shore. In consideration of this service by the seamen to be performed, the master agrees to pay the crew, as wages, the amounts beside their names respectively expressed, and to supply them with provisions according to the annexed scale.
It is agreed that any embezzlement, or willful or negligent destruction of any part of the vessel's cargo or stores, shall be made good to the owner out of the wages of the person guilty of the embezzlement or destruction.
If an individual holds himself or herself out as qualified for a duty which the individual proves incompetent to perform, the individual's wages shall be reduced in proportion to the incompetency.
It also is agreed that if a seaman considers himself or herself to be aggrieved by any breach of this agreement or otherwise, the seaman shall present the complaint to the master or officer in charge of the vessel, in a quiet and orderly manner, who shall take steps that the case requires.
It also is agreed that (here any other stipulations may be inserted to which the parties agree, and that are not contrary to law).
In witness whereof, the parties have subscribed their names to this agreement, on the dates beside their respective signatures.
Signed by , master, on the day of , nineteen hundred and .
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10304 | 46:713 |
Section 10304 provides the form of the shipping articles of agreement. While the exact format need not be followed, the form that is used must contain all the pertinent elements.
Editorial Notes
Amendments
1993—
§10305. Manner of signing agreement
The agreement required by
(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.
(
| 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.
Editorial Notes
Amendments
1993—
"(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."
§10306. Exhibiting merchant mariners' documents
Before signing the agreement required by
(
| 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.
Editorial Notes
Amendments
1993—
§10307. Posting agreements
At the beginning of a voyage, the master shall have a legible copy of the agreement required by
(
| 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.
Editorial Notes
Amendments
1993—
§10308. Foreign engagements
When a seaman is engaged outside the United States, the agreement required by
(
| 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.
Editorial Notes
Amendments
1993—
§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.
(
| 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.
Editorial Notes
Amendments
1993—Subsecs. (b), (c).
§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.
(
| 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.
Editorial Notes
Amendments
1993—
§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.
(
| 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.
Editorial Notes
Amendments
1993—Subsec. (a).
Subsec. (b).
Subsec. (d)(1).
Subsec. (d)(2).
§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
(
| 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.
Editorial Notes
Amendments
1993—
§10313. Wages
(a) A seaman's entitlement to wages and provisions begins when the seaman begins work or when specified in the agreement required by
(b) Wages are not dependent on the earning of freight by the vessel. When the loss or wreck of the vessel ends the service of a seaman before the end of the period contemplated in the agreement, the seaman is entitled to wages for the period of time actually served. The seaman shall be deemed a destitute seaman under
(c) When a seaman who has signed an agreement is discharged improperly before the beginning of the voyage or before one month's wages are earned, without the seaman's consent and without the seaman's fault justifying discharge, the seaman is entitled to receive from the master or owner, in addition to wages earned, one month's wages as compensation.
(d) A seaman is not entitled to wages for a period during which the seaman—
(1) unlawfully failed to work when required, after the time fixed by the agreement for the seaman to begin work; or
(2) lawfully was imprisoned for an offense, unless a court hearing the case otherwise directs.
(e) After the beginning of the voyage, a seaman is entitled to receive from the master, on demand, one-half of the balance of wages earned and unpaid at each port at which the vessel loads or delivers cargo during the voyage. A demand may not be made before the expiration of 5 days from the beginning of the voyage, not more than once in 5 days, and not more than once in the same port on the same entry. If a master does not comply with this subsection, the seaman is released from the agreement and is entitled to payment of all wages earned. Notwithstanding a release signed by a seaman under
(f) At the end of a voyage, the master shall pay each seaman the balance of wages due the seaman within 24 hours after the cargo has been discharged or within 4 days after the seaman is discharged, whichever is earlier. When a seaman is discharged and final payment of wages is delayed for the period permitted by this subsection, the seaman is entitled at the time of discharge to one-third of the wages due the seaman.
(g)(1) Subject to paragraph (2), when payment is not made as provided under subsection (f) of this section without sufficient cause, the master or owner shall pay to the seaman 2 days' wages for each day payment is delayed.
(2) The total amount required to be paid under paragraph (1) with respect to all claims in a class action suit by seamen on a passenger vessel capable of carrying more than 500 passengers for wages under this section against a vessel master, owner, or operator or the employer of the seamen shall not exceed ten times the unpaid wages that are the subject of the claims.
(3) A class action suit for wages under this subsection must be commenced within three years after the later of—
(A) the date of the end of the last voyage for which the wages are claimed; or
(B) the receipt, by a seaman who is a claimant in the suit, of a payment of wages that are the subject of the suit that is made in the ordinary course of employment.
(h) Subsections (f) and (g) of this section do not apply to a fishing or whaling vessel or a yacht.
(i) This section applies to a seaman on a foreign vessel when in a harbor of the United States. The courts are available to the seaman for the enforcement of this section.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10313(a) | 46:591 |
| 10313(b) | 46:592 46:593 |
| 10313(c) | 46:594 |
| 10313(d) | 46:595 |
| 10313(e)–(i) | 46:596 46:597 46:598 |
Section 10313 provides that a seaman's entitlement to wages begins when the seaman begins work, or as specified in the shipping agreement. This section also qualifies a seaman's entitlement to wages if the vessel is lost or wrecked, if the seaman is discharged improperly, or if the seaman unlawfully failed to work or was imprisoned. It also establishes procedures for the payment of wages at each port the vessel loads or unloads cargo, and at the end of the voyage. This section applies to seamen on foreign vessels in United States harbors, but not to fishing vessels, whaling vessels or yachts.
Editorial Notes
Amendments
2010—Subsec. (g).
1986—Subsec. (e).
Subsec. (h).
§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
(e) This section does not apply to a fishing or whaling vessel or a yacht.
(
| 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.
Editorial Notes
Amendments
1986—Subsec. (e).
§10315. Allotments
(a) Under prescribed regulations, a seaman may stipulate as follows in the agreement required by
(1) to the seaman's grandparents, parents, spouse, sister, brother, or children;
(2) to an agency designated by the Secretary of the Treasury to handle applications for United States savings bonds, to purchase bonds for the seaman; and
(3) for deposits to be made in an account for savings or investment opened by the seaman and maintained in the seaman's name at a savings bank or a savings institution in which the accounts are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.
(b) An allotment is valid only if made in writing and signed by and approved by a shipping commissioner. The shipping commissioner shall examine allotments and the parties to them to enforce compliance with the law. Stipulations for allotments made at the beginning of a voyage shall be included in the agreement and shall state the amounts and times of payment and the person to whom payments are to be made.
(c) Only an allotment complying with this section is lawful. A person falsely claiming qualification as an allottee under this section is liable to the United States Government for a civil penalty of not more than $500.
(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 at the office of clearance. Clearance may be granted to a vessel only if this section has been complied with.
(e) 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.
(f)
(1) the wages designated by the seaman for such deposit are deposited in a United States or international financial institution designated by the seaman;
(2) such deposits in the financial institution are fully guaranteed under commonly accepted international standards by the government of the country in which the financial institution is licensed;
(3) a written wage statement or pay stub, including an accounting of any direct deposit, is delivered to the seaman no less often than monthly; and
(4) while on board the vessel on which the seaman is employed, the seaman is able to arrange for withdrawal of all funds on deposit in the account in which the wages are deposited.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10315 | 46:599 |
Section 10315 lists the persons to whom a seaman may allot wages, specifies the conditions which make an allotment valid, and provides a civil penalty of $500 for falsely claiming qualification as an allottee. It also requires that this section be complied with before a vessel can be cleared from a United States port. This section applies to foreign vessels.
Editorial Notes
Amendments
2010—Subsec. (f).
Statutory Notes and Related Subsidiaries
Transfer of Functions
Federal Savings and Loan Insurance Corporation abolished and functions transferred, see sections 401 to 406 of
§10316. Trusts
(1) the deductions are paid into a trust fund established only for the benefit of seamen employed by that employer, and the families and dependents of those seamen (or of those seamen, families, and dependents jointly with other seamen employed by other employers, and the families and dependents of the other seamen); and
(2) the payments are held in trust to provide, from principal or interest, or both, any of the following benefits for those seamen and their families and dependents:
(A) medical or hospital care, or both.
(B) pensions on retirement or death of the seaman.
(C) life insurance.
(D) unemployment benefits.
(E) compensation for illness or injuries resulting from occupational activity.
(F) sickness, accident, and disability compensation.
(G) purchasing insurance to provide any of the benefits specified in this section.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10316 | 46:599(g) |
Section 10316 qualifies the two previous sections by allowing an employer to make deductions from seamen's wages for the purpose of placing the wages into a trust fund or holding them in trust to provide for the seamen's benefit.
§10317. Loss of lien and right to wages
A master or seaman by any agreement other than one provided for in this chapter may not forfeit the master's or seaman's lien on the vessel or be deprived of a remedy to which the master or seaman otherwise would be entitled for the recovery of wages. A stipulation in an agreement inconsistent with this chapter, or a stipulation by which a seaman consents to abandon a right to wages if the vessel is lost, or to abandon a right the seaman may have or obtain in the nature of salvage, is void.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10317 | 46:600 |
Section 10317 prohibits a master or seaman from entering into an agreement which forfeits his or her lien on the vessel or other remedy for recovery of wages, and renders such agreements void.
§10318. Wages on discharge in foreign ports
(a) When a master or seaman applies to a consular officer for the discharge of the seaman, the consular officer shall require the master to pay the seaman's wages if it appears that the seaman has carried out the agreement required by
(b) When discharging a seaman, a consular officer who fails to require the payment of the wages due a seaman at the time, and of the extra wages due under subsection (a) of this section, is accountable to the United States Government for the total amount.
(c) A seaman discharged under this section with the consent of the seaman is entitled to wages up to the time of discharge, but not for any additional period.
(d) If the seaman is discharged involuntarily, and it appears that the discharge was not because of neglect of duty, incompetency, or injury incurred on the vessel, the master shall provide the seaman with employment on a vessel agreed to by the seaman or shall provide the seaman with one month's extra wages.
(e) Expenses for the maintenance and return of an ill or injured seaman to the United States shall be paid by the Secretary of State. If a seaman is incapacitated by illness or injury and prompt discharge is necessary, but a personal appearance of the master before a consular officer is impracticable, the master may provide transportation to the seaman to the nearest consular officer for discharge.
(f) A deduction from wages of the seaman is permitted only if the deduction appears in the account of the seaman required to be delivered under
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10318 | 46:682 46:683 |
Section 10318 establishes consular officers' responsibilities in discharging seamen and the seamen's right to wages when discharged and when incapacitated by illness or injury. It also requires a master to record in the official logbook all matters for which deductions are to be made from seamen's wages.
§10319. Costs of a criminal conviction
In a proceeding about a seaman's wages, if it is shown that the seaman was convicted during the voyage of an offense by a competent tribunal and sentenced by the tribunal, the court hearing the case may direct that a part of the wages due the seaman, but not more than $15, be applied to reimburse the master for costs properly incurred in procuring the conviction and sentence.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10319 | 46:707 |
Section 10319 provides that if a seaman was convicted during a voyage by a tribunal, that the court may direct that up to $15 of the seaman's wages be used to reimburse the master for the costs incurred.
§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.
(
| 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.
Editorial Notes
Amendments
1993—
Statutory Notes and Related Subsidiaries
Transfer of Functions
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
§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.
(
| 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.
Editorial Notes
Amendments
1993—
CHAPTER 105 —COASTWISE VOYAGES
Editorial Notes
Amendments
1993—
§10501. Application
(a) Except for a vessel to which
(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.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10501 | 46:574 |
Section 10501 specifies that vessels over 50 gross tons that are not subject to
Editorial Notes
Amendments
1996—Subsec. (a).
§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.
(
| 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.
Editorial Notes
Amendments
1993—Subsec. (a).
Subsecs. (d) to (f).
Statutory Notes and Related Subsidiaries
Transfer of Functions
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
§10503. Exhibiting merchant mariners' documents
Before signing the agreement required by
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10503 | 46:643 |
Under section 10503 seamen who are required to have a merchant mariner's document must exhibit it before signing a shipping agreement on a coastwise voyage.
§10504. Wages
(a) After the beginning of a voyage, a seaman is entitled to receive from the master, on demand, one-half of the balance of wages earned and unpaid at each port at which the vessel loads or delivers cargo during the voyage. A demand may not be made before the expiration of 5 days from the beginning of the voyage, not more than once in 5 days, and not more than once in the same port on the same entry. If a master does not comply with this subsection, the seaman is released from the agreement required by
(b) The master shall pay a seaman the balance of wages due the seaman within 2 days after the termination of the agreement required by
(c)(1) Subject to subsection (d), and except as provided in paragraph (2), when payment is not made as provided under subsection (b) of this section without sufficient cause, the master or owner shall pay to the seaman 2 days' wages for each day payment is delayed.
(2) The total amount required to be paid under paragraph (1) with respect to all claims in a class action suit by seamen on a passenger vessel capable of carrying more than 500 passengers for wages under this section against a vessel master, owner, or operator or the employer of the seamen shall not exceed ten times the unpaid wages that are the subject of the claims.
(3) A class action suit for wages under this subsection must be commenced within three years after the later of—
(A) the date of the end of the last voyage for which the wages are claimed; or
(B) the receipt, by a seaman who is a claimant in the suit, of a payment of wages that are the subject of the suit that is made in the ordinary course of employment.
(d) Subsections (b) and (c) of this section do not apply to:
(1) a vessel engaged in coastwise commerce.
(2) a yacht.
(3) a fishing vessel.
(4) a whaling vessel.
(e) This section applies to a seaman on a foreign vessel when in harbor of the United States. The courts are available to the seaman for the enforcement of this section.
(f)
(1) the wages designated by the seaman for such deposit are deposited in a United States or international financial institution designated by the seaman;
(2) such deposits in the financial institution are fully guaranteed under commonly accepted international standards by the government of the country in which the financial institution is licensed;
(3) a written wage statement or pay stub, including an accounting of any direct deposit, is delivered to the seaman no less often than monthly; and
(4) while on board the vessel on which the seaman is employed, the seaman is able to arrange for withdrawal of all funds on deposit in the account in which the wages are deposited.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10504 | 46:596 46:597 46:598 |
Section 10504 specifies when seamen on coastwise voyages may obtain portions of their wages. The section does not apply to fishing vessels, whaling vessels or yachts, and portions of it do not apply to vessels taking oysters. It does apply to foreign vessels while in United States ports.
Editorial Notes
Amendments
2010—Subsec. (c).
Subsec. (f).
1986—Subsec. (a).
Subsec. (d)(3).
1985—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
§10505. 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 $5,000. 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 $5,000.
(c) 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
(d) This section does not apply to a fishing or whaling vessel or a yacht.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10505 | 46:598 46:599 |
Section 10505 prohibits any person from paying a seaman on a coastwise voyage advance wages, or to pay to another person any form of a seaman's wages prior to the commencement of the seaman's employment. It also prohibits a person from seeking or receiving remuneration for providing a seaman with employment. This section also requires that a vessel comply with this section before clearing port. It provides penalties for offenses of its provisions. The section does not apply to fishing vessels, whaling vessels, or yachts, but does apply to vessels taking oysters.
Editorial Notes
Amendments
1993—Subsec. (a)(2).
Subsec. (b).
1986—Subsec. (d).
§10506. Trusts
(1) the deductions are paid into a trust fund established only for the benefit of seamen employed by that employer, and the families and dependents of those seamen (or of those seamen, families, and dependents jointly with other seamen employed by other employers, and the families and dependents of the other seamen); and
(2) the payments are held in trust to provide, from principal or interest, or both, any of the following benefits for those seamen and their families and dependents:
(A) medical or hospital care, or both.
(B) pensions on retirement or death of the seaman.
(C) life insurance.
(D) unemployment benefits.
(E) compensation for illness or injuries resulting from occupational activity.
(F) sickness, accident, and disability compensation.
(G) purchasing insurance to provide any of the benefits specified in this section.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10506 | 46:599 |
Section 10506 permits deductions to be made from wages of seamen on coastwise voyages if the deductions are to be used for the benefit of the seamen or their families.
[§10507. Repealed. Pub. L. 103–206, title IV, §415(a), Dec. 20, 1993, 107 Stat. 2438 ]
Section,
§10508. General penalties
(a) A master who carries a seaman on a voyage without first making the agreement required by
(b) A master engaging a seaman in violation 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. The vessel also is liable in rem for the penalty.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10508 | 46:575 |
Section 10508 provides for a fair wage to be paid to a seaman who was engaged without a shipping agreement, and also exempts the seaman under certain conditions from applicable regulations, penalties or forfeitures. It also provides a penalty for violation of its provisions.
Editorial Notes
Amendments
1993—Subsec. (b).
§10509. Penalty for failing to begin voyage
(a) A seaman who fails to be on board at the time contained in the agreement required by
(b) A seaman who does not report at all or subsequently deserts forfeits all wages.
(c) This section does not apply to a fishing or whaling vessel or a yacht.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10509 | 46:576 |
This section provides for a reduction in the wages of seamen who arrive late for voyages, if their late arrival is noted in the official logbook. It does not apply to fishing vessels, whaling vessels or yachts.
CHAPTER 106 —FISHING VOYAGES
§10601. Fishing agreements
(a) Before proceeding on a voyage, the owner, charterer, or managing operator, or a representative thereof, including the master or individual in charge, of a fishing vessel, fish processing vessel, or fish tender vessel shall make a fishing agreement in writing with each seaman employed on board if the vessel is—
(1) at least 20 gross tons as measured under
(2) on a voyage from a port in the United States.
(b) The agreement shall—
(1) state the period of effectiveness of the agreement;
(2) include the terms of any wage, share, or other compensation arrangement peculiar to the fishery in which the vessel will be engaged during the period of the agreement;
(3) in the case of a seaman employed on a vessel that is a catcher processor or fish processing vessel that employs more than 25 crewmembers, include a requirement that each crewmember shall be served not less than three meals a day that—
(A) total not less than 3,100 calories; and
(B) include adequate water and minerals in accordance with the United States Recommended Daily Allowances; and
(4) include other agreed terms.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10601 | 46:531 |
Editorial Notes
Amendments
2022—Subsec. (b)(3), (4).
2002—Subsec. (a).
Subsecs. (b), (c).
1996—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Agreements Deemed Compliant
[
§10602. Recovery of wages and shares of fish under agreement
(a) When fish caught under an agreement under
(b)(1) In an action under this section, the owner shall produce an accounting of the sale and division of proceeds under the agreement. If the owner fails to produce the accounting, the vessel is liable for the highest value alleged for the shares.
(2) The owner may offset the value of general supplies provided for the voyage and other supplies provided the seaman bringing the action.
(c) This section does not affect a common law right of a seaman to bring an action to recover the seaman's share of the fish or proceeds.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10602 | 46:533, 534 |
§10603. Seaman's duty to notify employer regarding illness, disability, and injury
(a) A seaman on a fishing vessel, fish processing vessel, or fish tender vessel shall notify the master or individual in charge of the vessel or other agent of the employer regarding any illness, disability, or injury suffered by the seaman when in service to the vessel not later than seven days after the date on which the illness, disability, or injury arose.
(b) The Secretary shall prescribe regulations requiring that each fishing vessel, fish processing vessel, and fish tender vessel shall have on board a placard displayed in a prominent location accessible to the crew describing the seaman's duty under subsection (a) of this section.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10603 | New |
CHAPTER 107 —EFFECTS OF DECEASED SEAMEN
Editorial Notes
Amendments
1993—
§10701. Application
(a) Except as otherwise specifically provided, this chapter applies to a vessel on a voyage between—
(1) a port of the United States and a port in a foreign country (except a port in Canada, Mexico, and the West Indies); and
(2) 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 a seaman by custom or agreement is entitled to share in the profit or result of a voyage.
(c) This chapter does not apply to a foreign vessel.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10701 | 46:621 |
Section 10701 provides that the provisions in
§10702. Duties of masters
(a) When a seaman dies during a voyage, the master shall take charge of the seaman's money and property. An entry shall be made in the official logbook, signed by the master, the chief mate, and an unlicensed crewmember containing an inventory of the money and property and a statement of the wages due the seaman, with the total of the deductions to be made.
(b) On compliance with this chapter, the master shall obtain a written certificate of compliance from the consular officer or court clerk. Clearance may be granted to a foreign-bound vessel only when the certificate is received at the office of customs.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10702 | 46:621 |
Section 10702 requires a master to take charge of the property of a deceased seaman, make note in the official logbook that the property was taken and obtain a certificate of compliance from a shipping commissioner which must be exhibited for port clearance of foreign bound vessels.
Editorial Notes
Amendments
1993—Subsec. (b).
§10703. Procedures of masters
(a) If the vessel is proceeding to the United States when a seaman dies, the master shall deliver the seaman's money, property, and wages when the agreement required by this part is ended, as provided in
(b) If the vessel touches at a foreign port after the death of the seaman, the master shall report to the first available consular officer. The consular officer may require the master to deliver to the officer the money, property, and wages of the seaman. The consular officer shall give the master a receipt for the matters delivered and certify on the agreement the particulars of the delivery. When the agreement ends, the master shall deliver the receipt to a district court of the United States.
(c) If the consular officer does not require the master to deliver the seaman's money, property, and wages, the officer shall so certify on the agreement, and the master shall dispose of the money, property, and wages as provided under
(d) A deduction from the account of a deceased seaman is valid only if certified by a proper entry in the official logbook.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10703 | 46:622 |
Section 10703 provides for the disposal by the master of the property and wages of deceased seamen who have died outside the United States.
Editorial Notes
Amendments
1993—Subsec. (a).
Subsec. (b).
Subsec. (c).
§10704. Duties of consular officers
When a seaman dies outside the United States leaving money or property not on board a vessel, the consular officer nearest the place at which the money and property is located shall claim and take charge of it.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10704 | 46:624 |
Section 10704 requires consular officers to take charge of the property (not left on board a vessel) of deceased seamen who have died outside the United States.
§10705. Disposition of money, property, and wages by consular officers
When money, property, or wages of a deceased seaman comes into possession of a consular officer, the officer may—
(1) sell the property and remit the proceeds and other money or wages of the seaman the officer has received, to the district court of the United States for the district in which the voyage begins or ends; or
(2) deliver the money, property, and wages to the district court.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10705 | 46:624 |
Section 10705 instructs consular officers on the disposal of the property and wages of deceased seamen who have died outside the United States.
§10706. Seamen dying in the United States
When a seaman dies in the United States and is entitled at death to claim money, property, or wages from the master or owner of a vessel on which the seaman served, the master or owner shall deliver the money, property, and wages to a district court of the United States within one week of the seaman's death. If the seaman's death occurs at sea, such money, property, or wages shall be delivered to a district court or a consular officer within one week of the vessel's arrival at the first port call after the seaman's death.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10706 | 46:625 |
Section 10706 provides for the disposal by the master of the property and wages of deceased seamen who have died in the United States.
Editorial Notes
Amendments
1993—
[§10707. Repealed. Pub. L. 103–206, title IV, §420(a), Dec. 20, 1993, 107 Stat. 2438 ]
Section,
§10708. Sale of property
A district court of the United States may direct the sale of any part of the property of a deceased seaman. Proceeds of the sale shall be held as wages of the seaman are held.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10708 | 46:628 |
Section 10708 permits a district court to sell a deceased seaman's property and treat the proceeds as wages.
§10709. Distribution
(a)(1) If the money, property, and wages of a seaman, including proceeds from the sale of property, are not more than $1,500 in value, the court, subject to deductions it allows for expenses and at least 60 days after receiving the money, property, and wages, may deliver the money, property, and wages to a claimant proving to be—
(A) the seaman's surviving spouse or child;
(B) entitled to the money, property, and wages under the seaman's will or under a law or at common law; or
(C) entitled to secure probate, or take out letters of administration, although no probate or letters of administration have been issued.
(2) The court is released from further liability for the money, property, and wages distributed under paragraph (1) of this subsection.
(3) Instead of acting under paragraphs (1) and (2) of this subsection, the court may require probate or letters of administration to be taken out, and then deliver the money, property, and wages to the legal representative of the seaman.
(b) If the money, property, and wages are more than $1,500 in value, the court, subject to deductions for expenses, shall deliver the money, property, and wages to the legal representative of the seaman.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10709 | 46:627 |
Section 10709 instructs a district court to deliver a deceased seaman's property and wages to the proper claimant or legal representative. It also discharges the court from liability.
Editorial Notes
Amendments
1986—Subsec. (a)(1).
§10710. Unclaimed money, property, and wages
(a) When a claim for the money, property, or wages of a deceased seaman held by a district court of the United States has not been substantiated within 6 years after their receipt by the court, the court, if a subsequent claim is made, may allow or refuse the claim.
(b) If, after money, property, and wages have been held by the court for 6 years, it appears to the court that no claim will have to be satisfied, the property shall be sold. The money and wages and the proceeds from the sale shall be deposited in the Treasury trust fund receipt account "Unclaimed Moneys of Individuals Whose Whereabouts are Unknown".
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10710 | 46:628 |
Section 10710 provides that if no claim is made to a deceased seaman's property and wages within six years, the court shall sell the property and deposit the proceeds into the Treasury trust fund receipt account "Unclaimed Moneys of Individuals Whose Whereabouts are Unknown".
§10711. Penalties
An owner or master violating this chapter are each liable to the United States Government for a civil penalty of 3 times the value of the seaman's money, property, and wages involved or, if the value is not determined, of $200.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10711 | 46:623 |
Section 10711 provides penalties for masters and owners violating this chapter.
CHAPTER 109 —PROCEEDINGS ON UNSEAWORTHINESS
§10901. Application
This chapter applies to a vessel of the United States except a fishing or whaling vessel or a yacht.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10901 | 46:653 46:654 46:655 46:656 46:658 |
Section 10901 provides that
§10902. Complaints of unfitness
(a)(1) If the chief and second mates or a majority of the crew of a vessel ready to begin a voyage discover, before the vessel leaves harbor, that the vessel is unfit as to crew, hull, equipment, tackle, machinery, apparel, furniture, provisions of food or water, or stores to proceed on the intended voyage and require the unfitness to be inquired into, the master immediately shall apply to the district court of the United States at the place at which the vessel is located, or, if no court is being held at the place at which the vessel is located, to a judge or justice of the peace, for the appointment of surveyors. At least 2 complaining seamen shall accompany the master to the judge or justice of the peace.
(2) A master failing to comply with this subsection is liable to the United States Government for a civil penalty of $500.
(b)(1) Any 3 seamen of a vessel may complain that the provisions of food or water for the crew are, at any time, of bad quality, unfit for use, or deficient in quantity. The complaint may be made to the Secretary, commanding officer of a United States naval vessel, consular officer, or chief official of the Customs Service.
(2) The Secretary, officer, or official shall examine, or have examined, the provisions of food or water. If the provisions are found to be of bad quality, unfit for use, or deficient in quantity, the person making the findings shall certify to the master of the vessel which provisions are of bad quality, unfit for use, or deficient.
(3) The Secretary, officer, or official to whom the complaint was made shall—
(A) make an entry in the official logbook of the vessel on the results of the examination; and
(B) submit a report on the examination to the district court of the United States at which the vessel is to arrive, with the report being admissible into evidence in any legal proceeding.
(4) The master is liable to the Government for a civil penalty of not more than $100 each time the master, on receiving the certification referred to in paragraph (2) of this subsection—
(A) does not provide other proper provisions of food or water, when available, in place of the provisions certified as of bad quality or unfit for use;
(B) does not obtain sufficient provisions when the certification includes a finding of a deficiency in quantity; or
(C) uses provisions certified to be of bad quality or unfit for use.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10902(a) | 46:653 |
| 10902(b) | 46:662 |
Section 10902 instructs the crew on making complaints of unfitness of vessel with regard to equipment and provisions, and instructs the master on responding to those complaints, and provides a penalty for violations.
Editorial Notes
Amendments
1993—Subsec. (b)(1).
Subsec. (b)(2), (3).
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
§10903. Proceedings on examination of vessel
(a) On application made under
(b) On receiving the report, the judge or justice of the peace shall endorse on the report the judgment of the judge or justice on whether the vessel is fit to proceed on the voyage, and, if not, whether the vessel may proceed to another port at which the deficiencies can be corrected. The master and the crew shall comply with the judgment.
(c) The master shall pay all costs of the survey, report, and judgment. However, if the complaint of the crew appears in the report and judgment to have been without foundation, or if the complaint involved provisions of food or water, without reasonable grounds, the master or owner may deduct the amount of the costs and reasonable damages for the detention of the vessel, as determined by the judge or justice of the peace, from the wages of the complaining seamen.
(d) A master of a vessel violating this section who refuses to pay the costs and wages is liable to the United States Government for a civil penalty of $100 and is liable in damages to each person injured by the refusal.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10903(a), (b) | 46:654 |
| 10903(c) | 46:659 |
| 10903(d) | 46:660 |
Section 10903 provides for marine surveyors appointed by a judge or justice of the peace to inspect a vessel on which a complaint of unfitness was made, for a judge or justice of the peace to judge the fitness based on the findings, and for the payment of costs of the inspection by the master or the crew. It also includes a penalty for noncompliance.
§10904. Refusal to proceed
After a judgment under
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10904 | 46:655 |
Section 10904 provides that if a vessel is found fit to proceed by a judge or justice of the peace and a seaman refuses to proceed, the seaman shall forfeit any unpaid wages.
§10905. Complaints in foreign ports
(a) When a complaint under
(b) On review of the marine surveyors' report, the consular officer may approve and must certify any part of the report with which the officer agrees. If the consular officer dissents from any part of the report, the officer shall certify reasons for dissenting from that part.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10905 | 46:656 46:657 |
Section 10905 provides that if a complaint of unfitness is made in a foreign port, a consular officer shall perform the duties of a judge or justice of the peace.
§10906. Discharge of crew for unsuitability
When a survey is made at a foreign port, the surveyors shall state in the report whether, in their opinion, the vessel had been sent to sea unsuitably provided in any important particular, by neglect or design or through mistake or accident. If by neglect or design, and the consular officer approves the finding, the officer shall discharge a seaman requesting discharge and shall require the master to pay one month's wages to that seaman in addition to wages then due, or sufficient money for the return of the seaman to the nearest and most convenient port of the United States, whichever is the greater amount.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10906 | 46:658 |
Section 10906 provides that if a consular officer finds that a vessel has been sent to sea in an unsuitable state, a crew member requesting discharge must be paid one month's additional wages and passage to the United States.
§10907. Permission to make complaint
(a) A master may not refuse to permit, deny the opportunity to, or hinder a seaman who wishes to make a complaint authorized by this chapter.
(b) A master violating this section is liable to the United States Government for civil penalty of $500.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10907 | 46:653 46:664 |
Section 10907 prohibits a master from hindering a seaman from making a complaint authorized by this chapter and subjects the master to a fine for violation of this section.
§10908. Penalty for sending unseaworthy vessel to sea
A person that knowingly sends or attempts to send, or that is a party to sending or attempting to send, a vessel of the United States to sea, in an unseaworthy state that is likely to endanger the life of an individual, shall be fined not more than $1,000, imprisoned for not more than 5 years, or both.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 10908 | 46:658 |
Section 10908 provides a penalty for a person knowingly sending or attempting to send an unseaworthy vessel to sea.
CHAPTER 111 —PROTECTION AND RELIEF
Editorial Notes
Amendments
2014—
1986—
§11101. Accommodations for seamen
(a) On a merchant vessel of the United States the construction of which began after March 4, 1915 (except a yacht, pilot vessel, or vessel of less than 100 gross tons as measured under
(1) each place appropriated to the crew of the vessel shall have a space of at least 120 cubic feet and at least 16 square feet, measured on the floor or deck of that place, for each seaman or apprentice lodged in the vessel;
(2) each seaman shall have a separate berth and not more than one berth shall be placed one above another;
(3) the place or berth shall be securely constructed, properly lighted, drained, heated, and ventilated, properly protected from weather and sea, and, as far as practicable, properly shut off and protected from the effluvium of cargo or bilge water;
(4) crew space shall be kept free from goods or stores that are not the personal property of the crew occupying the place in use during the voyage; and
(5) each crew berthing area shall be equipped with information regarding—
(A) vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol usage; and
(B) procedures and resources to report crimes, including sexual assault and sexual harassment, including information—
(i) on the telephone number, website address, and email address for reporting allegations of sexual assault and sexual harassment to the Coast Guard;
(ii) on vessel owner or company procedures to report violations of company policy and access resources;
(iii) on resources provided by outside organizations such as sexual assault hotlines and counseling;
(iv) on the retention period for surveillance video recording after an incident of sexual harassment or sexual assault is reported; and
(v) additional items specified in regulations issued by, and at the discretion of, the Secretary of the department in which the Coast Guard is operating.
(b) In addition to the requirements of subsection (a) of this section, a merchant vessel of the United States that in the ordinary course of trade makes a voyage of more than 3 days' duration between ports and carries a crew of at least 12 seamen shall have a hospital compartment, suitably separated from other spaces. The compartment shall have at least one bunk for each 12 seamen constituting the crew (but not more than 6 bunks may be required).
(c) A steam vessel of the United States operating on the Mississippi River or its tributaries shall provide, under the direction and approval of the Secretary, an appropriate place for the crew that shall conform to the requirements of this section, as far as they apply to the steam vessel, by providing a properly heated sleeping room in the engineroom of the steam vessel properly protected from the cold, wind, and rain by means of suitable awnings or screens on either side of the guards or sides and forward, reaching from the boiler deck to the lower or main deck.
(d) A merchant vessel of the United States, the construction of which began after March 4, 1915, having more than 10 seamen on deck, shall have at least one lighted, clean, and properly heated and ventilated washing place. There shall be provided at least one washing outfit for each 2 seamen of the watch. A separate washing place shall be provided for the fireroom and engineroom seamen, if their number is more than 10, that shall be large enough to accommodate at least one-sixth of them at the same time, and have a hot and cold water supply and a sufficient number of washbasins, sinks, and shower baths. In each washing space in a visible location there shall be information regarding procedures and resources to report crimes upon the vessel, including sexual assault and sexual harassment, and vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol usage.
(e) Forecastles shall be fumigated at intervals provided by regulations prescribed by the Secretary of Health and Human Services, with the approval of the Secretary, and shall have at least 2 exits, one of which may be used in emergencies.
(f) The owner, charterer, managing operator, agent, master, or licensed individual of a vessel not complying with this section is liable to the United States Government for a civil penalty of at least $50 but not more than $500.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11101 | 46:660–1 |
Section 11101 provides mandatory standards for crew accommodations and a penalty for noncompliance with those standards.
Editorial Notes
Amendments
2022—Subsec. (a)(5).
Subsec. (d).
1996—Subsec. (a).
1985—Subsec. (d).
§11102. Medicine chests
(a) A vessel of the United States on a voyage from a port in the United States to a foreign port (except to a Canadian port), and a vessel of the United States of at least 75 gross tons as measured under
(b) The owner and master of a vessel not equipped as required by subsection (a) of this section or a regulation prescribed under subsection (a) are liable to the United States Government for a civil penalty of $500. If the offense was due to the fault of the owner, a master penalized under this section has the right to recover the penalty and costs from the owner.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11102(a) | 46:666 |
| 11102(b) | 46:667 |
Section 11102 requires that a United States vessel on a foreign or intercoastal domestic voyage be equipped with a medicine chest, and provides a penalty for noncompliance. The Committee intends that regulation will provide for a well stocked medicine chest adequate for the crew of a vessel.
Editorial Notes
Amendments
1996—Subsec. (a).
§11103. Slop chests
(a) A vessel to which
(1) boots or shoes;
(2) hats or caps;
(3) underclothing;
(4) outer clothing;
(5) foul weather clothing;
(6) everything necessary for the wear of a seaman; and
(7) a complete supply of tobacco and blankets.
(b) Merchandise in the slop chest shall be sold to a seaman desiring it, for the use of the seaman, at a profit of not more than 10 percent of the reasonable wholesale value of the merchandise at the port at which the voyage began.
(c) This section does not apply to a vessel on a voyage to Canada, Bermuda, the West Indies, Mexico, or Central America, or a fishing or whaling vessel.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11103 | 46:670 46:671 |
Section 11103 requires that a United States vessel on a foreign or intercoastal domestic voyage be equipped with a slop chest and lists the items the slop chest must contain.
§11104. Destitute seamen
(a) A consular officer shall provide, for a destitute seaman of the United States, subsistence and passage to a port of the United States in the most reasonable manner, at the expense of the United States Government and subject to regulations prescribed by the Secretary of State. A seaman, if able, shall be required to perform duties on the vessel giving the seaman passage, in accordance with the seaman's rating.
(b) A master of a vessel of the United States bound to a port of the United States shall take a destitute seaman on board at the request of a consular officer and transport the seaman to the United States. A master refusing to transport a destitute seaman when requested is liable to the United States Government for a civil penalty of $100. The certificate signed and sealed by a consular officer is prima facie evidence of refusal. A master is not required to carry a destitute seaman if the seaman's presence would cause the number of individuals on board to exceed the number permitted in the certificate of inspection or if the seaman has a contagious disease.
(c) Compensation for the transportation of destitute seamen to the United States who are unable to work shall be agreed on by the master and the consular officer, under regulations prescribed by the Secretary of State. However, the compensation may be not more than the lowest passenger rate of the vessel, or 2 cents a mile, whichever is less.
(d) When a master of a vessel of the United States takes on board a destitute seaman unable to work, from a port or place not having a consular officer, for transportation to the United States or to a port at which there is a consular officer, the master or owner of the vessel shall be compensated reasonably under regulations prescribed by the Secretary of State.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11104(a) | 46:678 |
| 11104(b)–(d) | 46:679 |
Section 11104 provides for the return to the United States of destitute seamen of the United States at the expense of the United States Government.
§11105. Wages on discharge when vessel sold
(a) When a vessel of the United States is sold in a foreign country, the master shall deliver to the consular officer a certified crew list and the agreement required by this part. The master shall pay each seaman the wages due the seaman and provide the seaman with employment on board another vessel of the United States bound for the port of original engagement of the seaman or to another port agreed on. If employment cannot be provided, the master shall—
(1) provide the seaman with the means to return to the port of original engagement;
(2) provide the seaman passage to the port of original engagement; or
(3) deposit with the consular officer an amount of money considered sufficient by the officer to provide the seaman with maintenance and passage home.
(b) The consular officer shall endorse on the agreement the particulars of the payment, provision, or deposit made under this section.
(c) An owner of a vessel is liable to the United States Government for a civil penalty of $500 if the master does not comply with this section.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11105 | 46:684 |
Section 11105 provides that when a United States vessel is sold in a foreign port, the seamen must be provided employment on another vessel, or passage to the port of original shipment.
§11106. Wages on justifiable complaint of seamen
(a) Before a seaman on a vessel of the United States is discharged in a foreign country by a consular officer on the seaman's complaint that the agreement required by this part has been breached because the vessel is badly provisioned or unseaworthy, or against the officers for cruel treatment, the officer shall inquire about the complaint. If satisfied of the justice of the complaint, the consular officer shall require the master to pay the wages due the seaman plus one month's additional wages and shall discharge the seaman. The master shall provide the seaman with employment on another vessel or provide the seaman with passage on another vessel to the port of original engagement, to the most convenient port of the United States, or to some port agreeable to the seaman.
(b) When a vessel does not have sufficient provisions for the intended voyage, and the seaman has been forced to accept a reduced ration or provisions that are bad in quality or unfit for use, the seaman is entitled to recover from the master or owner an allowance, as additional wages, that the court hearing the case considers reasonable.
(c) Subsection (b) of this section does not apply when the reduction in rations was for a period during which the seaman willfully and without sufficient cause failed to perform duties or was lawfully under confinement on board or on shore for misconduct, unless that reduction can be shown to have been unreasonable.
(d) Subsection (b) of this section does not apply to a fishing or whaling vessel or a yacht.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11106(a) | 46:685 |
| 11106(b)–(d) | 46:665 |
Section 11106 provides compensation to seamen on United States vessels when a shipping agreement is breached. It does not apply to fishing vessels, whaling vessels or yachts.
§11107. Unlawful engagements void
An engagement of a seaman contrary to a law of the United States is void. A seaman so engaged may leave the service of the vessel at any time and is entitled to recover the highest rate of wages at the port from which the seaman was engaged or the amount agreed to be given the seaman at the time of engagement, whichever is higher.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11107 | 46:578 |
Section 11107 entitles seamen engaged contrary to any United States law to leave the service of the vessel without loss of wages.
§11108. Taxes
(a)
(b)
(1)
(2)
(A) engaged on a vessel to perform assigned duties in more than one State as a pilot licensed under
(B) who performs regularly assigned duties while engaged as a master, officer, or crewman on a vessel operating on navigable waters in 2 or more States.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11108 | 46:601 |
Section 11108 prohibits the mandatory withholding of state or local taxes from crewmembers on certain specified vessels. It permits, however, voluntary withholding agreements.
Editorial Notes
Amendments
2010—Subsec. (b)(2)(B).
2000—
1984—
§11109. Attachment of wages
(a) Wages due or accruing to a master or seaman are not subject to attachment or arrestment from any court, except for an order of a court about the payment by a master or seaman of any part of the master's or seaman's wages for the support and maintenance of the spouse or minor children of the master or seaman, or both. A payment of wages to a master or seaman is valid, notwithstanding any prior sale or assignment of wages or any attachment, encumbrance, or arrestment of the wages.
(b) An assignment or sale of wages or salvage made before the payment of wages does not bind the party making it, except allotments authorized by
(c) This section applies to an individual employed on a fishing vessel or any fish processing vessel.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11109 | 46:601 |
Section 11109 limits the attachment of a seaman's wages and establishes certain rules for the assignment of a seaman's wages. It also applies to fishermen on fishing vessels.
Editorial Notes
Amendments
1984—Subsec. (c).
§11110. Seamen's clothing
The clothing of a seaman is exempt from attachments and liens. A person detaining a seaman's clothing shall be fined not more than $500, imprisoned for not more than 6 months, or both.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11110 | 46:563 |
Section 11110 exempts seamen's clothing from attachments and liens. It also provides a penalty for violations.
§11111. Limit on amount recoverable on voyage
When a seaman is on a voyage on which a written agreement is required under this part, not more than $1 is recoverable from the seaman by a person for a debt incurred by the seaman during the voyage for which the seaman is signed on until the voyage is ended.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11111 | 46:602 |
Section 11111 limits the amount of money recoverable from a seaman for a debt incurred while on a voyage on which a shipping agreement is required.
§11112. Master's lien for wages
The master of a documented vessel has the same lien against the vessel for the master's wages and the same priority as any other seaman serving on the vessel.
(Added
§11113. Treatment of abandoned seafarers
(a)
(1)
(2)
(A) to pay necessary support of a seafarer—
(i) who—
(I) was paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (
(II) is involved in an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of law by the Coast Guard; or
(ii) who—
(I) is physically present in the United States;
(II) the Secretary determines was abandoned in the United States; and
(III) has not applied for asylum under the Immigration and Nationality Act (
(B) to reimburse a vessel owner or operator for the costs of necessary support of a seafarer who has been paroled into the United States to facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of law by the Coast Guard, if—
(i) the vessel owner or operator is not convicted of a criminal offense related to such matter; or
(ii) the Secretary determines that reimbursement is appropriate.
(3)
(A)
(i) Penalties deposited in the Fund under section 9 of the Act to Prevent Pollution from Ships (
(ii) Amounts reimbursed or recovered under subsection (c).
(B)
(4)
(A) the amounts credited to the Fund under paragraph (3) for the preceding fiscal year; and
(B) amounts in the Fund that were expended for the preceding fiscal year.
(5)
(b)
(1) to create a private right of action or any other right, benefit, or entitlement to necessary support for any person; or
(2) to compel the Secretary to pay or reimburse the cost of necessary support.
(c)
(1)
(A) the vessel owner or operator—
(i) during the course of an investigation, reporting, documentation, or adjudication of any matter that the Coast Guard referred to a United States attorney or the Attorney General, fails to provide necessary support of a seafarer who was paroled into the United States to facilitate the investigation, reporting, documentation, or adjudication; and
(ii) subsequently is—
(I) convicted of a criminal offense related to such matter; or
(II) required to reimburse the Fund pursuant to a court order or negotiated settlement related to such matter; or
(B) the vessel owner or operator abandons a seafarer in the United States, as determined by the Secretary based on substantial evidence.
(2)
(A) proceed in rem against the vessel on which the seafarer served in the Federal district court for the district in which the vessel is found; and
(B) withhold or revoke the clearance required under section 60105 for the vessel and any other vessel operated by the same operator (as that term is defined in section 2(a)(9)(A) 1 of the Act to Prevent Pollution from Ships (
(3)
(A) reimburses the Fund the amount required under paragraph (1); or
(B) provides a bond, or other evidence of financial responsibility, sufficient to meet the amount required to be reimbursed under paragraph (1).
(4)
(d)
(1)
(A) a vessel owner's or operator's unilateral severance of ties with a seafarer; or
(B) a vessel owner's or operator's failure to provide necessary support of a seafarer.
(2)
(3)
(4)
(5)
(A) owned, or operated under a bareboat charter, by the United States, a State or political subdivision thereof, or a foreign nation; and
(B) not engaged in commerce.
(Added
Editorial Notes
References in Text
The Immigration and Nationality Act, referred to in subsec. (a)(2)(A)(ii)(III), is act June 27, 1952, ch. 477,
Amendments
2021—Subsec. (a)(4).
Subsec. (a)(5).
2018—Subsec. (a)(4)(A).
Subsec. (c)(2)(B).
2016—Subsec. (c)(1)(A)(i).
1 So in original. Probably should be "2(a)(9)(a)".
2 So in original. Probably should be "
CHAPTER 112 —MERCHANT MARINER BENEFITS
§11201. Eligibility for veterans' burial and cemetery benefits
(a)
(1)
(A)
(B)
(2)
(A) receives an honorable service certificate under
(B) is not eligible under any other provision of law for benefits under laws administered by the Secretary of Veterans Affairs.
(b)
(c)
(1)
(2)
(Added
Editorial Notes
References in Text
The date of the enactment of this chapter, referred to in subsec. (c), is the date of enactment of
Amendments
2021—
§11202. Qualified service
For purposes of this chapter, an individual shall be considered to have engaged in qualified service if, between August 16, 1945, and December 31, 1946, the individual—
(1) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was—
(A) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office);
(B) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, and harbors of the United States;
(C) under contract or charter to, or property of, the Government of the United States; and
(D) serving the Armed Forces; and
(2) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the individual for such service.
(Added
Editorial Notes
Amendments
2021—
§11203. Documentation of qualified service
(a)
(1) issue a certificate of honorable service to an individual who, as determined by that Secretary, engaged in qualified service of a nature and duration that warrants issuance of the certificate; and
(2) correct, or request the appropriate official of the Federal Government to correct, the service records of that individual to the extent necessary to reflect the qualified service and the issuance of the certificate of honorable service.
(b)
(c)
(d)
(Added
Editorial Notes
References in Text
Section 401(a)(1)(B) of the GI Bill Improvement Act of 1977, referred to in subsec. (c), is section 401(a)(1)(B) of
Amendments
2021—
Subsec. (a)(2).
§11204. Processing fees
(a)
(b)
(Added
Statutory Notes and Related Subsidiaries
Transfer of Functions
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
CHAPTER 113 —OFFICIAL LOGBOOKS
Editorial Notes
Amendments
2010—
§11301. Logbook and entry requirements
(a) Except a vessel on a voyage from a port in the United States to a port in Canada, a vessel of the United States shall have an official logbook if the vessel is—
(1) on a voyage from a port in the United States to a foreign port; or
(2) of at least 100 gross tons as measured under
(b) The master of the vessel shall make or have made in the official logbook the following entries:
(1) each legal conviction of a seaman of the vessel and the punishment inflicted.
(2) each offense committed by a seaman of the vessel for which it is intended to prosecute or to enforce under a forfeiture, together with statements about reading the entry and the reply made to the charge as required by
(3) each offense for which punishment is inflicted on board and the punishment inflicted.
(4) a statement of the conduct, character, and qualifications of each seaman of the vessel or a statement that the master declines to give an opinion about that conduct, character, and qualifications.
(5) each illness of or injury to a seaman of the vessel, the nature of the illness or injury, and the medical treatment.
(6) each death on board, with the cause of death, and if a seaman, the information required by
(7) each birth on board, with the sex of the infant and name of the parents.
(8) each marriage on board, with the names and ages of the parties.
(9) the name of each seaman who ceases to be a crewmember (except by death), with the place, time, manner, and the cause why the seaman ceased to be a crewmember.
(10) the wages due to a seaman who dies during the voyage and the gross amount of all deductions to be made from the wages.
(11) the sale of the property of a seaman who dies during the voyage, including a statement of each article sold and the amount received for the property.
(12) when a marine casualty occurs, a statement about the casualty and the circumstances under which it occurred, made immediately after the casualty when practicable to do so.
(13) when a vessel fails to carry out ballast water management requirements as applicable and pursuant to regulations promulgated by the Secretary, including when the vessel fails to carry out ballast water management requirements due to an allowed safety exemption, a statement regarding the failure to comply and the circumstances under which the failure occurred, made immediately after the failure, when practicable to do so.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11301 | 46:201 |
Section 11301 requires United States vessels on certain types of voyages to have an official logbook and lists the types of entries that must be made in the logbook.
Editorial Notes
Amendments
2018—Subsec. (b)(13).
1996—Subsec. (a)(2).
1984—Subsec. (a).
§11302. Manner of making entries
Each entry made in the official logbook—
(1) shall be made as soon as possible after the occurrence;
(2) if not made on the day of the occurrence, shall be dated and state the date of the occurrence;
(3) if the entry is about an occurrence happening before the vessel's arrival at the final port of discharge, shall be made not later than 24 hours after the arrival;
(4) shall be signed by the master; and
(5) shall be signed by the chief mate or another seaman.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11302 | 46:202 |
Section 11302 describes the manner in which entries shall be made in the logbook, specifying when they shall be made, who shall sign them, and requiring that they shall be dated.
§11303. Penalties
(a) A master failing to maintain an official logbook as required by this part is liable to the United States Government for a civil penalty of $200.
(b) A master failing to make an entry in the vessel's official logbook as required by this part is liable to the Government for a civil penalty of $200.
(c) A person is liable to the Government for a civil penalty of $150 when the person makes, procures to be made, or assists in making, an entry in the vessel's official logbook—
(1) later than 24 hours after the vessel's arrival at the final port of discharge; and
(2) that is about an occurrence that happened before that arrival.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11303 | 46:203 |
Section 11303 provides a penalty for violation of the provisions about logbooks in this part.
§11304. Additional logbook and entry requirements
(a) A vessel of the United States that is subject to inspection under
(b) The logbook required by subsection (a) shall include the following entries:
(1) The time when each seaman and each officer assumed or relieved the watch.
(2) The number of hours in service to the vessels of each seaman and each officer.
(3) Each illness of, and injury to, a seaman of the vessel, the nature of the illness or injury, and the medical treatment provided for the injury or illness.
(Added
Editorial Notes
Amendments
2018—Subsec. (a).
Subsec. (b).
Subsec. (b)(3).
CHAPTER 115 —OFFENSES AND PENALTIES
§11501. Penalties for specified offenses
When a seaman lawfully engaged commits any of the following offenses, the seaman shall be punished as specified:
(1) For desertion, the seaman forfeits any part of the money or property the seaman leaves on board and any part of earned wages.
(2) For neglecting or refusing without reasonable cause to join the seaman's vessel or to proceed to sea in the vessel, for absence without leave within 24 hours of the vessel's sailing from a port (at the beginning or during the voyage), or for absence without leave from duties and without sufficient reason, the seaman forfeits from the seaman's wages not more than 2 days' pay or a sufficient amount to defray expenses incurred in hiring a substitute.
(3) For quitting the vessel without leave after the vessel's arrival at the port of delivery and before the vessel is placed in security, the seaman forfeits from the seaman's wages not more than one month's pay.
(4) For willful disobedience to a lawful command at sea, the seaman, at the discretion of the master, may be confined until the disobedience ends, and on arrival in port forfeits from the seaman's wages not more than 4 days' pay or, at the discretion of the court, may be imprisoned for not more than one month.
(5) For continued willful disobedience to lawful command or continued willful neglect of duty at sea, the seaman, at the discretion of the master, may be confined, on water and 1,000 calories, with full rations every 5th day, until the disobedience ends, and on arrival in port forfeits, for each 24 hours' continuance of the disobedience or neglect, not more than 12 days' pay or, at the discretion of the court, may be imprisoned for not more than 3 months.
(6) For assaulting a master, mate, pilot, engineer, or staff officer, the seaman shall be imprisoned for not more than 2 years.
(7) For willfully damaging the vessel, or embezzling or willfully damaging any of the stores or cargo, the seaman forfeits from the seaman's wages the amount of the loss sustained and, at the discretion of the court, may be imprisoned for not more than 12 months.
(8) For smuggling for which a seaman is convicted causing loss or damage to the owner or master, the seaman is liable to the owner or master for the loss or damage, and any part of the seaman's wages may be retained to satisfy the liability. The seaman also may be imprisoned for not more than 12 months.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11501 | 46:701 |
Section 11501 provides penalties for specific offenses committed by seamen.
§11502. Entry of offenses in logbook
(a) When an offense listed in
(1) on the day of the offense;
(2) stating the details;
(3) signed by the master; and
(4) signed by the chief mate or another seaman.
(b) Before arrival in port if the offense was committed at sea, or before departure if the offense was committed in port and the offender is still on the vessel—
(1) the entry shall be read to the offender;
(2) the offender shall be given a copy; and
(3) the offender shall be given the opportunity to reply.
(c) After subsection (b) of this section has been complied with, an entry shall be made in the official logbook—
(1) stating that the entry about the offense was read and a copy provided to the offender;
(2) stating the offender's reply;
(3) signed by the master; and
(4) signed by the chief mate or another seaman.
(d) In a subsequent legal proceeding, if the entries required by this section are not produced or proved, the court may refuse to receive evidence of the offense.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11502 | 46:702 |
Section 11502 describes the manner in which offenses must be recorded in the official logbook, and the use of the records by the court.
§11503. Duties of consular officers related to insubordination
(a) A consular officer shall use every means to discountenance insubordination on vessels of the United States, including employing the aid of local authorities.
(b) When a seaman is accused of insubordination, a consular officer shall inquire into the facts and proceed as provided in
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11503 | 46:703 |
Section 11503 delegates to consular officers certain responsibilities related to insubordination of seamen on United States vessels.
§11504. Enforcement of forfeitures
When an offense by a seaman also is a criminal violation, it is not necessary that a criminal proceeding be brought to enforce a forfeiture.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11504 | 46:705 |
Section 11504 provides that when a seaman has committed a criminal offense, a forfeiture may be enforced through civil proceedings.
§11505. Disposal of forfeitures
(a) Money, property, and wages forfeited under this chapter for desertion may be applied to compensate the owner or master of the vessel for expenses caused by the desertion. The balance shall be transferred to the appropriate district court of the United States when the voyage is completed.
(b) If it appears to the district court that the forfeiture was imposed properly, the property transferred may be sold in the same manner prescribed for the disposition of the property of deceased seamen. The court shall deposit in the Treasury as miscellaneous receipts the proceeds of the sale and any money and wages transferred to the court.
(c) When an owner or master fails to transfer the balance as required under subsection (a) of this section, the owner or master is liable to the United States Government for a civil penalty of 2 times the amount of the balance, recoverable by the Secretary in the same manner that seaman's wages are recovered.
(d) In all other cases of forfeiture of wages, the forfeiture shall be for the benefit of the owner of the vessel.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11505 | 46:706 |
Section 11505 provides for the disposal of wages forfeited by deserting seamen.
Editorial Notes
Amendments
1993—Subsec. (a).
Subsec. (b).
§11506. Carrying sheath knives
A seaman in the merchant marine may not wear a sheath knife on board a vessel without the consent of the master. The master of a vessel of the United States shall inform each seaman of this prohibition before engagement. A master failing to advise a seaman is liable to the United States Government for a civil penalty of $50.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11506 | 46:710 |
Section 11506 prohibits a merchant seaman from carrying a sheath knife without permission of the master, and penalizes a master who does not advise a seaman of this provision.
§11507. Surrender of offending officers
When an officer of a vessel of the United States (except the master) has violated
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 11507 | 46:712 |
Section 11507 requires a master of a vessel of the United States to surrender to the proper authorities any officer who has violated