StatA

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§ 10502

TITLE 46—SHIPPING

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.

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.
AMENDMENTS
1993—Pub. L. 103–206 amended heading and text of section generally. Prior to amendment, text read as follows: ‘‘The owner, charterer, managing operator, agent,
or master of a vessel on which a seaman is carried in
violation of this chapter or a regulation prescribed
under this chapter is liable to the United States Government for a civil penalty of $200 for each seaman carried in violation. The vessel also is liable in rem for the
penalty.’’

CHAPTER 105—COASTWISE VOYAGES

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 569.)
HISTORICAL AND REVISION NOTES
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.

Sec.

10501.
10502.
10503.
10504.
10505.
10506.
[10507.
10508.
10509.

Application.
Shipping articles agreements.
Exhibiting merchant mariners’ documents.
Wages.
Advances.
Trusts.
Repealed.]
General penalties.
Penalty for failing to begin voyage.
AMENDMENTS

§ 10320. Records of seamen
The Secretary shall prescribe regulations requiring vessel owners to maintain records of
seamen on matters of engagement, discharge,
and service. A vessel owner shall make these
records available to the seaman and the Coast
Guard on request.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 569; Pub. L.
103–206, title IV, § 411, Dec. 20, 1993, 107 Stat.
2437.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

10320

Section 10320 authorizes the Secretary to provide for
the maintenance of records of the engagement, discharge, or service of seamen.
AMENDMENTS
1993—Pub. L. 103–206 amended heading and text of section generally. Prior to amendment, text read as follows: ‘‘The Secretary may prescribe regulations for reporting by a master of matters about the engagement,
discharge, or service of seamen that may be needed in
keeping central records of seamen.’’

§ 10321. General penalty
(a) A person violating any provision of this
chapter or a regulation prescribed under this
chapter is liable to the United States Government for a civil penalty of not more than $5,000.
(b) The vessel is liable in rem for any penalty
assessed under this section.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 569; Pub. L.
103–206, title IV, § 412, Dec. 20, 1993, 107 Stat.
2437.)
HISTORICAL AND REVISION NOTES
Revised section
10321 ............................................

Source section (U.S. Code)
46:567
46:568
46:571
46:661
46:665

1993—Pub. L. 103–206, title IV, § 415(b), Dec. 20, 1993, 107
Stat. 2438, struck out item 10507 ‘‘Duties of shipping
commissioners’’.

§ 10501. Application
(a) Except for a vessel to which chapter 103 of
this title applies, this chapter applies to a vessel
of at least 50 gross tons on a voyage between a
port in one State and a port in another State
(except an adjoining State).
(b) This chapter does not apply to a vessel on
which the seamen are entitled by custom or
agreement to share in the profit or result of a
voyage.
(c) Unless otherwise provided, this chapter
does not apply to a foreign vessel.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570.)
HISTORICAL AND REVISION NOTES
Revised section
10501 ............................................

Source section (U.S. Code)
46:574

Section 10501 specifies that vessels over 50 gross tons
that are not subject to chapter 103 and are engaged on
voyages between two states (except for adjoining
states) are subject to the provisions of this chapter.
Specifically excluded are foreign vessels and vessels on
which seamen share the profits.

§ 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.

§ 10503

TITLE 46—SHIPPING

(e) The owner, charterer, managing operator,
master, or individual in charge shall maintain
the shipping agreement and make the shipping
agreement available to the seaman.
(f) The Secretary shall prescribe regulations
requiring shipping companies to maintain
records of seamen on matters of engagement,
discharge, and service. The shipping companies
shall make these records available to the seaman and the Coast Guard on request.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570; Pub. L.
103–206, title IV, § 413, Dec. 20, 1993, 107 Stat.
2437.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

10502 ............................................

46:574

Section 10502 requires the master on a vessel engaged
on a coastwise voyage to sign a shipping agreement
with each member of the crew and lists provisions
which must be and provisions which may not be included in the agreement.
AMENDMENTS
1993—Subsec. (a). Pub. L. 103–206, § 413(1), amended
subsec. (a) generally. Prior to amendment, subsec. (a)
read as follows: ‘‘Before proceeding on a voyage, the
master of a vessel to which this chapter applies shall
make a shipping articles agreement in writing with
each seaman on board, declaring the nature of the voyage or the period of time for which the seaman is engaged.’’
Subsecs. (d) to (f). Pub. L. 103–206, § 413(2), added subsecs. (d) to (f).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 10503, 10504,
10505, 10508, 10509 of this title.

§ 10503. Exhibiting merchant mariners’ documents
Before signing the agreement required by section 10502 of this title, a seaman required by section 8701 of this title to have a merchant mariner’s document shall exhibit to the master a
document issued to the seaman and appropriately endorsed for the capacity in which the
seaman is to serve.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570.)
HISTORICAL AND REVISION NOTES
Revised section
10503 ............................................

Source section (U.S. Code)
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.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 8701 of this title.

§ 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

Page 108

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 section 10502 of this title and is entitled to payment of all wages earned. Notwithstanding a release signed by a seaman under section 10312 of this title, a court having jurisdiction may set aside, for good cause shown, the release and take action that justice requires. This
subsection does not apply to a fishing or whaling
vessel or a yacht.
(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 section 10502 of this title or when the seaman is discharged, whichever is earlier.
(c) 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.
(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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570; Pub. L.
99–36, § 1(a)(5), May 15, 1985, 99 Stat. 67; Pub. L.
99–640, § 10(b)(4), (5), Nov. 10, 1986, 100 Stat. 3550.)
HISTORICAL AND REVISION NOTES
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.
AMENDMENTS
1986—Subsec. (a). Pub. L. 99–640, § 10(b)(4), struck out
last sentence which read as follows: ‘‘However, this
subsection applies to a vessel taking oysters.’’
Subsec. (d)(3). Pub. L. 99–640, § 10(b)(5), struck out
‘‘(except a vessel taking oysters)’’ after ‘‘vessel’’.
1985—Subsec. (d). Pub. L. 99–36 amended subsec. (d)
generally, thereby including reference to a vessel engaged in coastwise commerce.
EFFECTIVE DATE OF 1985 AMENDMENT
Section 1(b) of Pub. L. 99–36 provided that: ‘‘The effective date of subsection (a)(5) of this section [amending this section] is August 26, 1983.’’

§ 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