[USC02] 46 USC Ch. 101: GENERAL
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46 USC Ch. 101: GENERAL
From Title 46—SHIPPINGSubtitle II—Vessels and SeamenPart G—Merchant Seamen Protection and Relief

CHAPTER 101—GENERAL

Sec.
10101.
Definitions.
[10102.
Repealed.]
10103.
Reports.
10104.
Requirement to report sexual offenses.

        

Amendments

1993Pub. L. 103–206, title IV, §422(c)(2), Dec. 20, 1993, 107 Stat. 2439, struck out item 10102 "Designations and duties of shipping commissioners".

1989Pub. L. 101–225, title II, §214(b), Dec. 12, 1989, 103 Stat. 1914, substituted "Requirement to report sexual offenses" for "Regulations" in item 10104.

§10101. Definitions

In this part—

(1) "master" means the individual having command of a vessel.

(2) "owner" means the person to whom the vessel belongs.

(3) "seaman" means an individual (except scientific personnel, a sailing school instructor, or a sailing school student) engaged or employed in any capacity on board a vessel.

(4) "fishing vessel" includes—

(A) a fish tender vessel; or

(B) a fish processing vessel entered into service before January 1, 1988, and not more than 1,600 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title or entered into service after December 31, 1987, and having not more than 16 individuals on board primarily employed in the preparation of fish or fish products.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 98–364, title IV, §402(13), July 17, 1984, 98 Stat. 449; Pub. L. 98–557, §33(d), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99–640, §10(b)(3), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 104–324, title VII, §736, Oct. 19, 1996, 110 Stat. 3941.)

Historical and Revision Notes
Revised sectionSource 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.

Amendments

1996—Par. (4)(B). Pub. L. 104–324 inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "1,600 gross tons".

1986—Pars. (1), (3). Pub. L. 99–640 struck out "owned by a citizen of the United States" after "vessel".

1984—Par. (4). Pub. L. 98–364, as amended Pub. L. 98–557, added par. (4).

[§10102. Repealed. Pub. L. 103–206, title IV, §422(c)(1), Dec. 20, 1993, 107 Stat. 2439]

Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560, related to designations and duties of shipping commissioners.

§10103. Reports

(a) A master of a vessel to which section 8701(a) of this title applies, who engages or discharges a seaman, shall submit reports to the vessel owner in the form, content, and manner of filing as prescribed by regulation, to ensure compliance with laws related to manning and the engagement and discharge of seamen.

(b) This section does not apply to a ferry or towing vessel operated in connection with a ferry operation, employed only in trades other than with foreign ports, lakes, bays, sounds, bayous, canals, or harbors.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 103–206, title IV, §417, Dec. 20, 1993, 107 Stat. 2438.)

Historical and Revision Notes
Revised sectionSource 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.

Amendments

1993—Subsec. (a). Pub. L. 103–206 struck out "without a shipping commissioner being present" after "discharges a seaman" and inserted "to the vessel owner" after "shall submit reports".

§10104. Requirement to report sexual offenses

(a) A master or other individual in charge of a documented vessel shall report to the Secretary a complaint of a sexual offense prohibited under chapter 109A of title 18, United States Code.

(b) A master or other individual in charge of a documented vessel who knowingly fails to report in compliance with this section is liable to the United States Government for a civil penalty of not more than $5,000.

(Added Pub. L. 101–225, title II, §214(a)(2), Dec. 12, 1989, 103 Stat. 1914.)

Prior Provisions

A prior section 10104, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 561, related to regulations, prior to repeal by Pub. L. 101–225, §214(a)(1).