46 U.S.C. § 10702 — Duties of masters

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 Repealed.] 10708.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.