StatA

§ 10602

TITLE 46—SHIPPING

Page 156

tion 10601(a) of title 46, United States Code, as herein
amended, is hereby deemed to have been in compliance
with subsections (a) and (b) of section 10601 of title 46,
United States Code, as in effect prior to November 25,
2002.’’
[Pub. L. 108–199, div. H, § 137(b), Jan. 23, 2004, 118 Stat.
442, provided that: ‘‘The amendments made by subsection (a) [amending section 441(c) of Pub. L. 107–295,
set out above] apply to all proceedings pending on or
commenced after the date of enactment of this Act
[Jan. 23, 2004].’’]

Sec.

§ 10602. Recovery of wages and shares of fish
under agreement

1993—Pub. L. 103–206, title IV, § 420(b), Dec. 20, 1993, 107
Stat. 2438, struck out item 10707 ‘‘Delivery to district
court’’.

(a) When fish caught under an agreement
under section 10601 of this title are delivered to
the owner of the vessel for processing and are
sold, the vessel is liable in rem for the wages
and shares of the proceeds of the seamen. An action under this section must be brought within
six months after the sale of the fish.
(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.

10704.
10705.
10706.
[10707.
10708.
10709.
10710.
10711.

Duties of consular officers.
Disposition of money, property, and wages by
consular officers.
Seamen dying in the United States.
Repealed.]
Sale of property.
Distribution.
Unclaimed money, property, and wages.
Penalties.
AMENDMENTS

§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 572.)
HISTORICAL AND REVISION NOTES

(Pub. L. 100–424, § 6(a), Sept. 9, 1988, 102 Stat.
1592.)

Revised section

HISTORICAL AND REVISION NOTES

10701 ............................................

Revised section
10602 ............................................

Source section (U.S. Code)
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.
(Pub. L. 100–424, § 6(a), Sept. 9, 1988, 102 Stat.
1592.)
HISTORICAL AND REVISION NOTES
Revised section
10603 ............................................

Source section (U.S. Code)

Source section (U.S. Code)
46:621

Section 10701 provides that the provisions in chapter
107 apply to vessels on voyages between U.S. ports and
foreign countries (except Canada, Mexico, or the West
Indies) and between United States ports on the Atlantic and United States ports on the Pacific. It does not
apply to foreign vessels or vessels on which the seamen
share the profits.

§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 572; Pub. L.
103–206, title IV, § 422(a), Dec. 20, 1993, 107 Stat.
2438.)

New

HISTORICAL AND REVISION NOTES

CHAPTER 107—EFFECTS OF DECEASED
SEAMEN

Revised section
10702 ............................................

Source section (U.S. Code)
46:621

Sec.

10701.
10702.
10703.

Application.
Duties of masters.
Procedures of masters.

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