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46 U.S.C. § 11104 — Destitute seamen

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 11104 — Destitute seamen

**(a)** A consular officer shall provide, for a destitute seaman of the United States, subsistence and passage to a port of the United States in the most reasonable manner, at the expense of the United States Government and subject to regulations prescribed by the Secretary of State. A seaman, if able, shall be required to perform duties on the vessel giving the seaman passage, in accordance with the seaman’s rating. **(b)** A master of a vessel of the United States bound to a port of the United States shall take a destitute seaman on board at the request of a consular officer and transport the seaman to the United States. A master refusing to transport a destitute seaman when requested is liable to the United States Government for a civil penalty of $100. The certificate signed and sealed by a consular officer is prima facie evidence of refusal. A master is not required to carry a destitute seaman if the seaman’s presence would cause the number of individuals on board to exceed the number permitted in the certificate of inspection or if the seaman has a contagious disease. **(c)** Compensation for the transportation of destitute seamen to the United States who are unable to work shall be agreed on by the master and the consular officer, under regulations prescribed by the Secretary of State. However, the compensation may be not more than the lowest passenger rate of the vessel, or 2 cents a mile, whichever is less. **(d)** When a master of a vessel of the United States takes on board a destitute seaman unable to work, from a port or place not having a consular officer, for transportation to the United States or to a port at which there is a consular officer, the master or owner of the vessel shall be compensated reasonably under regulations prescribed by the Secreta

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Source location: Title 46, Chapter 111, § 11104; chapter-111-protection-and-relief.md

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**(a)** A consular officer shall provide, for a destitute seaman of the United States, subsistence and passage to a port of the United States in the most reasonable manner, at the expense of the United States Government and subject to regulations prescribed by the Secretary of State. A seaman, if able, shall be required to perform duties on the vessel giving the seaman passage, in accordance with the seaman’s rating. **(b)** A master of a vessel of the United States bound to a port of the United States shall take a destitute seaman on board at the request of a consular officer and transport the seaman to the United States. A master refusing to transport a destitute seaman when requested is liable to the United States Government for a civil penalty of $100. The certificate signed and sealed by a consular officer is prima facie evidence of refusal. A master is not required to carry a destitute seaman if the seaman’s presence would cause the number of individuals on board to exceed the number permitted in the certificate of inspection or if the seaman has a contagious disease. **(c)** Compensation for the transportation of destitute seamen to the United States who are unable to work shall be agreed on by the master and the consular officer, under regulations prescribed by the Secretary of State. However, the compensation may be not more than the lowest passenger rate of the vessel, or 2 cents a mile, whichever is less. **(d)** When a master of a vessel of the United States takes on board a destitute seaman unable to work, from a port or place not having a consular officer, for transportation to the United States or to a port at which there is a consular officer, the master or owner of the vessel shall be compensated reasonably under regulations prescribed by the Secretary of State.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 10313 — Wages

**(a)** A seaman’s entitlement to wages and provisions begins when the seaman begins work or when specified in the agreement required by [section 10302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10302&num=0&edition=prelim) for the seaman to begin work or be present on board, whichever is earlier. **(b)** Wages are not dependent on the earning of freight by the vessel. When the loss or wreck of the vessel ends the service of a seaman before the end of the period contemplated in the agreement, the seaman is entitled to wages for the period of time actually served. The seaman shall be deemed a destitute seaman under [section 11104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section11104&num=0&edition=prelim). This subsection applies to a fishing or whaling vessel but not a yacht. **(c)** When a seaman who has signed an agreement is discharged improperly before the beginning of the voyage or before one month’s wages are earned, without the seaman’s consent and without the seaman’s fault justifying discharge, the seaman is entitled to receive from the master or owner, in addition to wages earned, one month’s wages as compensation. **(d)** A seaman is not entitled to wages for a period during which the seaman— (1) unlawfully failed to work when required, after the time fixed by the agreement for the seaman to begin work; or (2) lawfully was imprisoned for an offense, unless a court hearing the case otherwise directs. **(e)** After the beginning of the 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 expir

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 11104 — Destitute seamen

Page 195 TITLE 46—SHIPPING § 11105 HISTORICAL AND REVISION NOTES—CONTINUED Revised section Source section (U.S. Code) 11102(b) ........................................ 46:667 Section 11102 requires that a United States vessel on a foreign or intercoastal domestic voyage be equipped with a medicine chest, and provides a penalty for non- compliance. The Committee intends that regulation will provide for a well stocked medicine chest adequate for the crew of a vessel. Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–324 inserted ‘‘as meas- ured 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 ‘‘75 gross tons’’. § 11103. Slop chests (a) A vessel to which section 11102 of this title applies shall be provided with a slop chest con- taining sufficient clothing for the intended voy- age for each seaman, including— (1) boots or shoes; (2) hats or caps; (3) underclothing; (4) outer clothing; (5) foul weather clothing; (6) everything necessary for the wear of a seaman; and (7) a complete supply of tobacco and blan- kets. (b) Merchandise in the slop chest shall be sold to a seaman desiring it, for the use of the sea- man, at a profit of not more than 10 percent of the reasonable wholesale value of the merchan- dise at the port at which the voyage began. (c) This section does not apply to a vessel on a voyage to Canada, Bermuda, the West Indies, Mexico, or Central America, or a fishing or whaling vessel. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 578.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 11103 ............................................ 46:670 46:671 Section 11103 requires that a United

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