46 U.S.C. § 10304 — Form of agreement

Page 178 TITLE 46—SHIPPING § 10302 Editorial Notes AMENDMENTS 2006—Subsec. (b). Pub. L. 109–241 inserted ‘‘or to riding gang members’’ after ‘‘voyage’’. 1996—Subsec. (a)(2). 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’’. § 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 provi- sions, 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 rep- resentative 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 infor- mation that must be included in the agreement. Editorial Notes 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 sub- secs. (c) and (d). § 10303. Provisions (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 gal- ley 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 Source section (U.S. Code) 10303 ............................................ 46:713 Section 10303 requires that seamen be served ade- quate food and water and that the text of this require- ment 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 fol- lows: UNITED STATES OF AMERICA (Date and place of first signature of agree- ment): 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 na- ture 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 du- ties, and to be obedient to the lawful commands of the master, or of an individual who lawfully succeeds the master, and of their superior offi- cers 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 mas- ter agrees to pay the crew, as wages, the amounts beside their names respectively ex- pressed, and to supply them with provisions ac- cording to the annexed scale. It is agreed that any embezzlement, or willful or negligent destruction of any part of the ves- sel’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 incom- petency. It also is agreed that if a seaman considers himself or herself to be aggrieved by any breach of this agreement or otherwise, the seaman shall present the complaint to the master or officer in charge of the vessel, in a quiet and orderly man- ner, who shall take steps that the case requires. It also is agreed that (here any other stipula- tions may be inserted to which the parties agree, and that are not contrary to law). Page 179 TITLE 46—SHIPPING § 10307 In witness whereof, the parties have sub- scribed their names to this agreement, on the dates beside their respective signatures. Signed by , master, on the day of , nineteen hundred and . Signature of seaman Time of service: Birthplace Months Age Days Height: Hospital money Feet Whole wages Inches Wages due Description: Place and time of entry Complexion Time at which seaman is to Hair be on board Wages each month In what capacity Wages each voyage Allotment payable to Advance wages Conduct qualifications Amount of monthly allotment NOTE.—In the place for signature and descriptions of individ- uals engaged after the first departure of the vessel, the entries are to be made as above, except that the signature of the consul or vice consul, customs officer, or witness before whom the indi- vidual is engaged, is to be entered. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 562; Pub. L. 103–206, title IV, § 402, Dec. 20, 1993, 107 Stat. 2436.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10304 ............................................ 46:713 Section 10304 provides the form of the shipping arti- cles of agreement. While the exact format need not be followed, the form that is used must contain all the pertinent elements. Editorial Notes AMENDMENTS 1993—Pub. L. 103–206 struck out ‘‘Shipping commis- sioner’s signature or initials’’ immediately below ‘‘In what capacity’’ in the form. § 10305. Manner of signing agreement The agreement required by section 10302 of this title shall be signed— (1) first by the master and dated at that time, after which each seaman shall sign; and (2) in the presence of the master or indi- vidual in charge. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 563; Pub. L. 103–206, title IV, § 403, Dec. 20, 1993, 107 Stat. 2436.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10305 ............................................ 46:565 Section 10305 describes the procedures for signing the shipping agreement, and for keeping official records of the agreement. It also requires that the agreement in- clude a statement that the seaman understand its pro- visions, and did so while sober. Editorial Notes AMENDMENTS 1993—Pub. L. 103–206 struck out ‘‘(a)’’ before ‘‘The agreement’’, substituted ‘‘the master or individual in charge’’ for ‘‘a shipping commissioner’’ in par. (2), and struck out subsecs. (b) and (c) which read as follows: ‘‘(b) When the crew is first engaged, the agreement shall be signed in duplicate. One of the copies shall be retained by the shipping commissioner. The other copy shall contain space for the description and signatures of seamen engaged subsequent to the first making of the agreement, and shall be delivered to the master. ‘‘(c) An agreement signed before a shipping commis- sioner shall be acknowledged and signed by the com- missioner on the agreement in the manner and form prescribed by regulation. The acknowledgment and cer- tification shall include a statement by the commis- sioner that the seaman— ‘‘(1) has read the agreement; ‘‘(2) is acquainted with and understands its condi- tions; and ‘‘(3) has signed it freely and voluntarily when sober.’’ § 10306. Exhibiting merchant mariners’ docu- ments Before signing the agreement required by sec- tion 10302 of this title, each individual required by section 8701 of this title to have a merchant mariner’s document shall exhibit to the master or individual in charge a document issued to the individual, appropriately endorsed for the capac- ity in which the individual is to serve. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, § 404, Dec. 20, 1993, 107 Stat. 2436.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10306 ............................................ 46:643(c) Section 10306 requires a seaman to exhibit an appro- priately endorsed merchant mariner’s document to the shipping commissioner before signing a shipping agree- ment. When a master acts as a shipping commissioner, the same procedure applies. Editorial Notes AMENDMENTS 1993—Pub. L. 103–206 substituted ‘‘master or indi- vidual in charge’’ for ‘‘shipping commissioner’’. § 10307. Posting agreements At the beginning of a voyage, the master shall have a legible copy of the agreement required by section 10302 of this title, omitting signatures, exhibited in a part of the vessel accessible to the crew. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, § 405, Dec. 20, 1993, 107 Stat. 2436.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10307 ............................................ 46:577 Section 10307 requires the master to post a copy of the shipping agreement in a part of the vessel acces- sible to the crew prior to the commencement of a voy- age. The posting must be done in a manner that gives seamen adequate notice of the particulars of the pend- ing voyage. Editorial Notes AMENDMENTS 1993—Pub. L. 103–206 struck out at end ‘‘A master vio- lating this section is liable to the United States Gov- ernment for a civil penalty of $100.’’