1625-0061 Stat/Authority

Page 179

§ 10701

TITLE 46—SHIPPING

(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; and
(3) 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.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

10601 ............................................

46:531

Editorial Notes
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–295, § 441(a), (b)(1), in introductory provisions, inserted ‘‘owner, charterer, or
managing operator, or a representative thereof, including the’’ after ‘‘on a voyage, the’’ and comma after ‘‘individual in charge’’ and substituted ‘‘employed’’ for
‘‘enployed’’.
Subsecs. (b), (c). Pub. L. 107–295, § 441(b)(2), (3), redesignated 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 measured 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’’.

(Pub. L. 100–424, § 6(a), Sept. 9, 1988, 102 Stat.
1592.)
HISTORICAL AND REVISION NOTES
Revised section

(a) A seaman on a fishing vessel, fish processing vessel, or fish tender vessel shall notify
the master or individual in charge of the vessel
or other agent of the employer regarding any illness, disability, or injury suffered by the seaman 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 processing vessel, and fish tender vessel shall have
on board a placard displayed in a prominent location accessible to the crew describing the seaman’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

(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 action 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 supplies 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.

Source section (U.S. Code)

10603 ............................................

New

CHAPTER 107—EFFECTS OF DECEASED
SEAMEN

AGREEMENTS DEEMED COMPLIANT

§ 10602. Recovery of wages and shares of fish
under agreement

46:533, 534

§ 10603. Seaman’s duty to notify employer regarding illness, disability, and injury

Statutory Notes and Related Subsidiaries

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 section 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 subsection (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].’’]

Source section (U.S. Code)

10602 ............................................

Sec.

10701.
10702.
10703.
10704.
10705.
10706.
[10707.
10708.
10709.
10710.
10711.

Application.
Duties of masters.
Procedures of masters.
Duties of consular officers.
Disposition of money, property, and wages by
consular officers.
Seamen dying in the United States.
Repealed.]
Sale of property.
Distribution.
Unclaimed money, property, and wages.
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 between—
(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 Atlantic 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 entitled 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.)