46 U.S.C. § 10602 — Recovery of wages and shares of fish

Page 188 TITLE 46—SHIPPING § 10509 Editorial Notes AMENDMENTS 1993—Subsec. (b). Pub. L. 103–206 substituted ‘‘not more than $5,000’’ for ‘‘$20’’. § 10509. Penalty for failing to begin voyage (a) A seaman who fails to be on board at the time contained in the agreement required by section 10502 of this title, without having given 24 hours’ notice of inability to do so, shall for- feit, for each hour’s lateness, one-half of one day’s pay to be deducted from the seaman’s wages if the lateness is recorded in the official logbook on the date of the violation. (b) A seaman who does not report at all or sub- sequently deserts forfeits all wages. (c) This section does not apply to a fishing or whaling vessel or a yacht. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 572.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10509 ............................................ 46:576 This section provides for a reduction in the wages of seamen who arrive late for voyages, if their late arrival is noted in the official logbook. It does not apply to fishing vessels, whaling vessels or yachts. CHAPTER 106—FISHING VOYAGES Sec. 10601. Fishing agreements. 10602. Recovery of wages and shares of fish under agreement. 10603. Seaman’s duty to notify employer regarding illness, disability, and injury. § 10601. Fishing agreements (a) Before proceeding on a voyage, the owner, charterer, or managing operator, or a represent- ative thereof, including the master or individual in charge, of a fishing vessel, fish processing ves- sel, or fish tender vessel shall make a fishing agreement in writing with each seaman em- ployed on board if the vessel is— (1) at least 20 gross tons as measured under section 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; and (2) on a voyage from a port in the United States. (b) The agreement shall— (1) state the period of effectiveness of the agreement; (2) include the terms of any wage, share, or other compensation arrangement peculiar to the fishery in which the vessel will be engaged during the period of the agreement; (3) in the case of a seaman employed on a vessel that is a catcher processor or fish proc- essing vessel that employs more than 25 crew- members, include a requirement that each crewmember shall be served not less than three meals a day that— (A) total not less than 3,100 calories; and (B) include adequate water and minerals in accordance with the United States Rec- ommended Daily Allowances; and (4) include other agreed terms. (Pub. L. 100–424, § 6(a), Sept. 9, 1988, 102 Stat. 1591; Pub. L. 104–324, title VII, § 739, Oct. 19, 1996, 110 Stat. 3942; Pub. L. 107–295, title IV, § 441(a), (b), Nov. 25, 2002, 116 Stat. 2131; Pub. L. 117–263, div. K, title CXV, § 11526, Dec. 23, 2022, 136 Stat. 4145.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10601 ............................................ 46:531 Editorial Notes AMENDMENTS 2022—Subsec. (b)(3), (4). Pub. L. 117–263 added par. (3) and redesignated former par. (3) as (4). 2002—Subsec. (a). Pub. L. 107–295, § 441(a), (b)(1), in in- troductory provisions, inserted ‘‘owner, charterer, or managing operator, or a representative thereof, includ- ing the’’ after ‘‘on a voyage, the’’ and comma after ‘‘in- dividual in charge’’ and substituted ‘‘employed’’ for ‘‘enployed’’. Subsecs. (b), (c). Pub. L. 107–295, § 441(b)(2), (3), redes- ignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: ‘‘The agreement shall be signed also by the owner of the vessel.’’ 1996—Subsec. (a)(1). 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 ‘‘20 gross tons’’. Statutory Notes and Related Subsidiaries AGREEMENTS DEEMED COMPLIANT Pub. L. 107–295, title IV, § 441(c), Nov. 25, 2002, 116 Stat. 2131, as amended by Pub. L. 108–199, div. H, § 137(a), Jan. 23, 2004, 118 Stat. 442, provided that: ‘‘An agreement that complies with the requirements of sec- 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 sub- section (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].’’] § 10602. Recovery of wages and shares of fish under agreement (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 ac- tion 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 sup- plies 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. Page 189 TITLE 46—SHIPPING § 10703 (Pub. L. 100–424, § 6(a), Sept. 9, 1988, 102 Stat. 1592.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10602 ............................................ 46:533, 534 § 10603. Seaman’s duty to notify employer regard- ing illness, disability, and injury (a) A seaman on a fishing vessel, fish proc- essing vessel, or fish tender vessel shall notify the master or individual in charge of the vessel or other agent of the employer regarding any ill- ness, disability, or injury suffered by the sea- man 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 proc- essing vessel, and fish tender vessel shall have on board a placard displayed in a prominent lo- cation accessible to the crew describing the sea- man’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 Source section (U.S. Code) 10603 ............................................ New CHAPTER 107—EFFECTS OF DECEASED SEAMEN Sec. 10701. Application. 10702. Duties of masters. 10703. Procedures of masters. 10704. Duties of consular officers. 10705. Disposition of money, property, and wages by consular officers. 10706. Seamen dying in the United States. [10707. Repealed.] 10708. Sale of property. 10709. Distribution. 10710. Unclaimed money, property, and wages. 10711. Penalties. Editorial Notes AMENDMENTS 1993—Pub. L. 103–206, title IV, § 420(b), Dec. 20, 1993, 107 Stat. 2438, struck out item 10707 ‘‘Delivery to district court’’. § 10701. Application (a) Except as otherwise specifically provided, this chapter applies to a vessel on a voyage be- tween— (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 Atlan- tic 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 enti- tled 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 Revised section Source section (U.S. Code) 10701 ............................................ 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 Atlan- tic 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 offi- cial 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 mas- ter shall obtain a written certificate of compli- ance 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.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10702 ............................................ 46:621 Section 10702 requires a master to take charge of the property of a deceased seaman, make note in the offi- cial logbook that the property was taken and obtain a certificate of compliance from a shipping commissioner which must be exhibited for port clearance of foreign bound vessels. Editorial Notes AMENDMENTS 1993—Subsec. (b). Pub. L. 103–206 substituted ‘‘the consular officer or court clerk’’ for ‘‘a shipping com- missioner’’. § 10703. Procedures of masters (a) If the vessel is proceeding to the United States when a seaman dies, the master shall de- liver the seaman’s money, property, and wages when the agreement required by this part is ended, as provided in section 10706 of this title. (b) If the vessel touches at a foreign port after the death of the seaman, the master shall report to the first available consular officer. The con- sular officer may require the master to deliver to the officer the money, property, and wages of the seaman. The consular officer shall give the master a receipt for the matters delivered and certify on the agreement the particulars of the delivery. When the agreement ends, the master shall deliver the receipt to a district court of the United States. (c) If the consular officer does not require the master to deliver the seaman’s money, property, and wages, the officer shall so certify on the agreement, and the master shall dispose of the money, property, and wages as provided under section 10706 of this title.