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 States vessel on a foreign or intercoastal domestic voyage be equipped with a slop chest and lists the items the slop chest must contain. § 11104. Destitute seamen (a) A consular officer shall provide, for a des- titute 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 regu- lations prescribed by the Secretary of State. A seaman, if able, shall be required to perform du- ties 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 con- sular officer is prima facie evidence of refusal. A master is not required to carry a destitute sea- man if the seaman’s presence would cause the number of individuals on board to exceed the number permitted in the certificate of inspec- tion 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 pre- scribed 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 con- sular 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. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 578.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 11104(a) ........................................ 46:678 11104(b)–(d) .................................. 46:679 Section 11104 provides for the return to the United States of destitute seamen of the United States at the expense of the United States Government. § 11105. Wages on discharge when vessel sold (a) When a vessel of the United States is sold in a foreign country, the master shall deliver to the consular officer a certified crew list and the agreement required by this part. The master shall pay each seaman the wages due the sea- man and provide the seaman with employment on board another vessel of the United States bound for the port of original engagement of the seaman or to another port agreed on. If employ- ment cannot be provided, the master shall— (1) provide the seaman with the means to re- turn to the port of original engagement; (2) provide the seaman passage to the port of original engagement; or (3) deposit with the consular officer an amount of money considered sufficient by the officer to provide the seaman with mainte- nance and passage home. (b) The consular officer shall endorse on the agreement the particulars of the payment, pro- vision, or deposit made under this section. (c) An owner of a vessel is liable to the United States Government for a civil penalty of $500 if the master does not comply with this section. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 579.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 11105 ............................................ 46:684 Section 11105 provides that when a United States ves- sel is sold in a foreign port, the seamen must be pro-