46 U.S.C. § 10508 — General penalties

Page 187 TITLE 46—SHIPPING § 10508 § 10505. Advances (a)(1) A person may not— (A) pay a seaman wages in advance of the time when the seaman has earned the wages; (B) pay advance wages of the seaman to an- other person; or (C) make to another person an order, note, or other evidence of indebtedness of the wages, or pay another person, for the engagement of seamen when payment is deducted or to be de- ducted from the seaman’s wage. (2) A person violating this subsection is liable to the United States Government for a civil pen- alty of not more than $5,000. A payment made in violation of this subsection does not relieve the vessel or the master from the duty to pay all wages after they have been earned. (b) A person demanding or receiving from a seaman or an individual seeking employment as a seaman, remuneration for providing the sea- man or individual with employment, is liable to the Government for a civil penalty of not more than $5,000. (c) The owner, charterer, managing operator, agent, or master of a vessel seeking clearance from a port of the United States shall present the agreement required by section 10502 of this title at the office of clearance. Clearance may be granted to a vessel only if this section has been complied with. (d) This section does not apply to a fishing or whaling vessel or a yacht. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 571; Pub. L. 99–640, § 10(b)(4), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 103–206, title IV, § 414, Dec. 20, 1993, 107 Stat. 2437.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10505 ............................................ 46:598 46:599 Section 10505 prohibits any person from paying a sea- man on a coastwise voyage advance wages, or to pay to another person any form of a seaman’s wages prior to the commencement of the seaman’s employment. It also prohibits a person from seeking or receiving remu- neration for providing a seaman with employment. This section also requires that a vessel comply with this section before clearing port. It provides penalties for offenses of its provisions. The section does not apply to fishing vessels, whaling vessels, or yachts, but does apply to vessels taking oysters. Editorial Notes AMENDMENTS 1993—Subsec. (a)(2). Pub. L. 103–206, § 414(1), sub- stituted ‘‘$5,000’’ for ‘‘$100’’. Subsec. (b). Pub. L. 103–206, § 414(2), substituted ‘‘$5,000’’ for ‘‘$500’’. 1986—Subsec. (d). Pub. L. 99–640 struck out last sen- tence which read as follows: ‘‘However, this section ap- plies to a vessel taking oysters.’’ § 10506. Trusts Section 10505 of this title does not prevent an employer from making deductions from the wages of a seaman, with the written consent of the seaman, if— (1) the deductions are paid into a trust fund established only for the benefit of seamen em- ployed by that employer, and the families and dependents of those seamen (or of those sea- men, families, and dependents jointly with other seamen employed by other employers, and the families and dependents of the other seamen); and (2) the payments are held in trust to provide, from principal or interest, or both, any of the following benefits for those seamen and their families and dependents: (A) medical or hospital care, or both. (B) pensions on retirement or death of the seaman. (C) life insurance. (D) unemployment benefits. (E) compensation for illness or injuries re- sulting from occupational activity. (F) sickness, accident, and disability com- pensation. (G) purchasing insurance to provide any of the benefits specified in this section. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 571.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10506 ............................................ 46:599 Section 10506 permits deductions to be made from wages of seamen on coastwise voyages if the deductions are to be used for the benefit of the seamen or their families. [§ 10507. Repealed. Pub. L. 103–206, title IV, § 415(a), Dec. 20, 1993, 107 Stat. 2438] Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 571, re- lated to duties of shipping commissioners. § 10508. General penalties (a) A master who carries a seaman on a voyage without first making the agreement required by section 10502 of this title shall pay to the sea- man the highest wage that was paid for a simi- lar voyage within the 3 months before the time of engagement at the port or place at which the seaman was engaged. A seaman who has not signed an agreement is not bound by the appli- cable regulations, penalties, or forfeitures. (b) A master engaging a seaman in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Gov- ernment for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 572; Pub. L. 103–206, title IV, § 416, Dec. 20, 1993, 107 Stat. 2438.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10508 ............................................ 46:575 Section 10508 provides for a fair wage to be paid to a seaman who was engaged without a shipping agree- ment, and also exempts the seaman under certain con- ditions from applicable regulations, penalties or for- feitures. It also provides a penalty for violation of its provisions. 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.