46 U.S.C. § 10101 — Definitions

Page 175 TITLE 46—SHIPPING § 10103 no more than $10,000 for each day during which the violation occurs. (c) A person violating a regulation prescribed under section 9303 of this title is liable to the Government for a civil penalty of no more than $10,000. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 101–380, title IV, § 4108(b), Aug. 18, 1990, 104 Stat. 515.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 9308 .............................................. 46:216e(a)–(c) Section 9308 prescribes the penalties for violations of sections 9302 and 9303. Editorial Notes AMENDMENTS 1990—Subsecs. (a) to (c). Pub. L. 101–380 substituted ‘‘no more than $10,000’’ for ‘‘$500’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. PART G—MERCHANT SEAMEN PROTECTION AND RELIEF HISTORICAL AND REVISION NOTES Part G provides for a number of measures for the pro- tection and relief of merchant seamen by requiring cer- tain contractual obligations between the master who represents the vessel owner’s interest and the seamen who are engaged or employed on board a vessel, by re- quiring certain proceedings when a seaman dies or a vessel is suspected of being unseaworthy, by requiring certain standards for accommodations, medicine, cloth- ing, miscellaneous merchandise, and for the handling of special and unique problems of seamen. It also provides for a method of imposing disciplinary controls through the logging of offenses and provides penalties for speci- fied offenses, and certain related disciplinary proce- dures. The provisions of this part generally do not apply to fishing vessels, whaling vessels, or yachts. CHAPTER 101—GENERAL Sec. 10101. Definitions. [10102. Repealed.] 10103. Reports. 10104. Requirement to report sexual offenses. 10105. Reports to Congress. Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, div. K, title CXVI, § 11611(b), Dec. 23, 2022, 136 Stat. 4156, added item 10105. 1993—Pub. L. 103–206, title IV, § 422(c)(2), Dec. 20, 1993, 107 Stat. 2439, struck out item 10102 ‘‘Designations and duties of shipping commissioners’’. 1989—Pub. L. 101–225, title II, § 214(b), Dec. 12, 1989, 103 Stat. 1914, substituted ‘‘Requirement to report sexual offenses’’ for ‘‘Regulations’’ in item 10104. § 10101. Definitions In this part— (1) ‘‘master’’ means the individual having command of a vessel. (2) ‘‘owner’’ means the person to whom the vessel belongs. (3) ‘‘seaman’’ means an individual (except scientific personnel, a sailing school instruc- tor, or a sailing school student) engaged or employed in any capacity on board a vessel. (4) ‘‘fishing vessel’’ includes— (A) a fish tender vessel; or (B) a fish processing vessel entered into service before January 1, 1988, and not more than 1,600 gross tons as measured under sec- tion 14502 of this title, or an alternate ton- nage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title or entered into service after December 31, 1987, and having not more than 16 individuals on board pri- marily employed in the preparation of fish or fish products. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 98–364, title IV, § 402(13), July 17, 1984, 98 Stat. 449; Pub. L. 98–557, § 33(d), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99–640, § 10(b)(3), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 104–324, title VII, § 736, Oct. 19, 1996, 110 Stat. 3941.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10101 ............................................ 46:713 Section 10101 defines the terms master, seaman, and owner as they apply to merchant seamen’s protection and relief. Editorial Notes AMENDMENTS 1996—Par. (4)(B). 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 ‘‘1,600 gross tons’’. 1986—Pars. (1), (3). Pub. L. 99–640 struck out ‘‘owned by a citizen of the United States’’ after ‘‘vessel’’. 1984—Par. (4). Pub. L. 98–364, as amended Pub. L. 98–557, added par. (4). [§ 10102. Repealed. Pub. L. 103–206, title IV, § 422(c)(1), Dec. 20, 1993, 107 Stat. 2439] Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560, re- lated to designations and duties of shipping commis- sioners. § 10103. Reports (a) A master of a vessel to which section 8701(a) of this title applies, who engages or dis- charges a seaman, shall submit reports to the vessel owner in the form, content, and manner of filing as prescribed by regulation, to ensure compliance with laws related to manning and the engagement and discharge of seamen. (b) This section does not apply to a ferry or towing vessel operated in connection with a ferry operation, employed only in trades other than with foreign ports, lakes, bays, sounds, bayous, canals, or harbors. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 103–206, title IV, § 417, Dec. 20, 1993, 107 Stat. 2438.)