U.S. Code » Title 46 » Subtitle Subtitle II— Vessels and Seamen › Part Part G— Merchant Seamen Protection and Relief › Chapter CHAPTER 103— FOREIGN AND INTERCOASTAL VOYAGES

46 U.S.C. § 10301

Application

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(a) Except as otherwise specifically provided, this chapter applies to a vessel of the United States—(1) on a voyage between a port in the United States and a port in a foreign country (except a port in Canada, Mexico, or the West Indies); or(2) of at least 75 gross tons 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 on a voyage between 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 the seamen are entitled by custom or agreement to share in the profit or result of a voyage or to riding gang members.(c) Unless otherwise provided, this chapter does not apply to a foreign vessel.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 561; Pub. L. 104–324, title VII, § 737, Oct. 19, 1996, 110 Stat. 3941; Pub. L. 109–241, title III, § 312(c)(2), July 11, 2006, 120 Stat. 533.)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

10301

46:564

46:566

46:574

Section 10301 specifies that vessels on foreign and intercoastal voyages (except for fishing vessels and foreign vessels) are subject to the seamen protection and relief provisions contained in chapter 103.

Editorial NotesAmendments

2006—Subsec. (b). Pub. L. 109–241 inserted “or to riding gang members” after “voyage”.

1996—Subsec. (a)(2). 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 “75 gross tons”.

Notes of Decisions
Cited in 34 cases (2 in the last 5 years), 1984–2023 · leading case: Kaluom v. Stolt Offshore, Inc., 504 F.3d 511 (5th Cir. 2007).
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Kaluom v. Stolt Offshore, Inc., 504 F.3d 511 (5th Cir. 2007). · cites it 20× “We agree with the district court that the voyage requirements set out in 46 U.S.C. §§ 10301 and 10501 apply to those foreign vessels encompassed by penalty wage statutes 46 U.”
George v. Kramo Ltd., 796 F. Supp. 1541 (E.D. La. 1992). · cites it 5× “7 Regardless, I find that such a stop does not convert a voyage between two ports in the United States into a voyage between a port in the United States and a port in a foreign country, within the meaning of 46 U.S.C. § 10301 . In fact, had the vessel transited the Canal before,…”
Rogelio J. Cuevas v. Reading & Bates Corp., A/K/A Reading & Bates Offshore Drilling Co., 770 F.2d 1371 (5th Cir. 1985). · cites it 2× “The district court identified the interests that Congress sought to protect when it enacted the section — in part to prevent a seaman from being left destitute at a foreign port far from home — and found those interests not to be present here, where discharged domiciliaries of…”
Frederick v. Kirby Tankships, Inc., 205 F.3d 1277 (11th Cir. 2000). “See 46 U.S.C. §§ 10301 (a), 10501(a). The Champion traveled from Mississippi to Connecticut — a coastwise voyage.”
Pac. Merch. Shipping Ass'n v. Aubry, 918 F.2d 1409 (9th Cir. 1990). · cites it 2× “See 46 U.S.C. § 10301 (a)(1). “Intercoastal voyages” are voyages between ports on the Atlantic and Pacific coasts.”
Pac. Merch. Shipping Ass'n v. Goldstene, 639 F.3d 1154 (9th Cir. 2011). “2d at 1412 (citing 46 U.S.C. §§ 10301 (a)(2), 10501(a)). 3 .”
Doyle v. Huntress, Inc., 301 F. Supp. 2d 135 (D.R.I. 2004). “, 46 U.S.C. § 10301 (1996)(excluding vessels “on which the seamen are entitled by custom or agreement to share in the profit or result of a voyage”); 46 U.”
Paul v. All Alaskan Seafoods, Inc., 106 Wash. App. 406 (Wash. Ct. App. 2001). “46 U.S.C. § 10301 (b); see also 46 U.S.C.”
Pac. Merch. Shipping Ass'n v. Aubry, 709 F. Supp. 1516 (C.D. Cal. 1989). · cites it 2× “46 U.S.C. § 10301 (a)(1). Inter-coastal voyages consist of voyages between ports on the Atlantic and Pacific coasts.”
Cruz v. Chesapeake Shipping Inc., 738 F. Supp. 809 (D. Del. 1990). · cites it 2× “Also enlightening is the *823 fact that Congress extended provisions concerning “Seamen Protection and Relief” to three types of voyages: between a port in the United States and a foreign port, see 46 U.S.C. § 10301 (a)(1); between an American port in the Atlantic Ocean and an…”
Paul v. All Alaskan Seafoods, Inc., 24 P.3d 447 (Wash. Ct. App. 2001). “[13] 46 U.S.C. § 10301 (b); see also 46 U.S.C.”
Madeja v. Olympic Packer, LLC, 155 F. Supp. 2d 1183 (D. Haw. 2001). · cites it 2× “§ 10313 . 44. Plaintiffs seek wages under 46 U.”
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