Title 46 USC Section 10311

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Laws in effect as of January 7, 2003
Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003

TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part G--Merchant Seamen Protection and Relief
CHAPTER 103--FOREIGN AND INTERCOASTAL VOYAGES
Sec. 10311. Certificates of discharge
(a) On discharging a seaman and paying the seaman's wages, the
master or individual in charge shall provide the seaman with a
certificate of discharge. The form of the certificate shall be
prescribed by regulation. It shall contain-(1) the name of the seaman;
(2) the citizenship or nationality of the seaman;
(3) the number of the seaman's merchant mariner's document;
(4) the name and official number of the vessel;
(5) the nature of the voyage (foreign, intercoastal, or
coastwise);
(6) the propulsion class of the vessel;
(7) the date and place of engagement;
(8) the date and place of discharge; and
(9) the seaman's capacity on the voyage.
(b) The certificate of discharge may not contain a reference about
the character or ability of the seaman. The certificate shall be signed
by the master and the seaman.
(c) A certificate of discharge may not be issued if the seaman holds
a continuous discharge book. The entries shall be made in the discharge
book in the same manner as the entries required by subsection (a) of
this section.
(d)(1) A record of each discharge shall be maintained by the owner,
charterer, managing operator, master, or individual in charge in the
manner and location prescribed by regulation. The records may not be
open for general or public use or inspection.
(2) A duplicate of a record of discharge shall be issued to a seaman
at the request of the seaman.

(e) This section does not apply to a fishing or whaling vessel or a
yacht.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103-206, title IV,
Sec. 409, Dec. 20, 1993, 107 Stat. 2436.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------10311............................. 46:643
-----------------------------------------------------------------------Section 10311 requires a shipping commissioner, when discharging a
seaman, either to provide the seaman with a certificate of discharge or
to make an entry in the seaman's continuous discharge book. It requires
that certain facts be included in the certificate or in the entry,
prohibits other information from being included, and requires the
Secretary to keep records of all discharges, copies of which must be
furnished to seamen at cost upon request. These discharges are used to
substantiate the nature and duration of the seaman's employment on a
particular vessel. This section does not apply to fishing vessels,
whaling vessels, or yachts.

Amendments
1993--Subsec. (a). Pub. L. 103-206, Sec. 409(1), substituted
``master or individual in charge'' for ``shipping commissioner''.
Subsec. (b). Pub. L. 103-206, Sec. 409(2), substituted ``by the
master and the seaman'' for ``by the master, the seaman, and the
shipping commissioner as witness''.
Subsec. (d)(1). Pub. L. 103-206, Sec. 409(3), substituted ``owner,
charterer, managing operator, master, or individual in charge'' for
``Secretary''.
Subsec. (d)(2). Pub. L. 103-206, Sec. 409(4), substituted ``at the
request of the seaman'' for ``at a cost prescribed by regulation''.