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§ 10304

TITLE 46—SHIPPING

SECTION REFERRED TO IN OTHER SECTIONS

agreement to share in the profit or result of a
voyage.
(c) Unless otherwise provided, this chapter
does not apply to a foreign vessel.

This section is referred to in sections 10303, 10304,
10305, 10306, 10307, 10308, 10312, 10313, 10314, 10315, 10318 of
this title.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 561.)

§ 10303. Provisions

HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

10301 ............................................

46:564
46:566
46:574

Section 10301 specifies that vessels on foreign and
intercoastal voyages (except for fishing vessels and foreign vessels) are subject to the seamen protection and
relief provisions contained in chapter 103.

§ 10302. Shipping articles agreements
(a) The owner, charterer, managing operator,
master, or individual in charge shall make a
shipping agreement in writing with each seaman
before the seaman commences employment.
(b) The agreement shall contain the following:
(1) the nature, and, as far as practicable, the
duration of the intended voyage, and the port
or country in which the voyage is to end.
(2) the number and description of the crew
and the capacity in which each seaman is to
be engaged.
(3) the time at which each seaman is to be on
board to begin work.
(4) the amount of wages each seaman is to
receive.
(5) regulations about conduct on board, and
information on fines, short allowance of provisions, and other punishment for misconduct
provided by law.
(6) a scale of the provisions that are to be
provided each seaman.
(7) any stipulation in reference to advances
and allotments of wages.
(8) other matters not contrary to law.
(c) Each shipping agreement must be signed by
the master or individual in charge or a representative of the owner, charterer, or managing
operator, and by each seaman employed.
(d) The owner, charterer, managing operator,
master, or individual in charge shall maintain
the shipping agreement and make the shipping
agreement available to the seaman.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 561; Pub. L.
103–206, title IV, § 401, Dec. 20, 1993, 107 Stat.
2435.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

10302 ............................................

46:564

Section 10302 requires the master to make a shipping
agreement with each crew member and lists the information that must be included in the agreement.
AMENDMENTS
1993—Subsec. (a). Pub. L. 103–206, § 401(1), amended
subsec. (a) generally. Prior to amendment, subsec. (a)
read as follows: ‘‘Before proceeding on a voyage, the
master of a vessel to which this chapter applies shall
make a shipping articles agreement in writing with
each seaman in the crew.’’
Subsecs. (c), (d). Pub. L. 103–206, § 401(2), added subsecs. (c) and (d).

(a) A seaman shall be served at least 3 meals
a day that total at least 3,100 calories, including
adequate water and adequate protein, vitamins,
and minerals in accordance with the United
States Recommended Daily Allowances.
(b) The text of subsection (a) of this section
shall be included in the agreement required by
section 10302 of this title. A copy of the text also
shall be posted in a conspicuous place in the galley and forecastle of each vessel.
(c) This section does not apply to a fishing or
whaling vessel or a yacht.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 562.)
HISTORICAL AND REVISION NOTES
Revised section
10303 ............................................

Source section (U.S. Code)
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 section
10302 of this title shall be in substance as follows:
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.