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. § 10302

Shipping articles agreements

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(a) The owner, charterer, managing operator, master, or individual in charge shall make a shipping agreement in writing with each seaman before the seaman commences employment.(b) The agreement shall contain the following:(1) the nature, and, as far as practicable, the duration of the intended voyage, and the port or country in which the voyage is to end.(2) the number and description of the crew and the capacity in which each seaman is to be engaged.(3) the time at which each seaman is to be on board to begin work.(4) the amount of wages each seaman is to receive.(5) regulations about conduct on board, and information on fines, short allowance of provisions, and other punishment for misconduct provided by law.(6) a scale of the provisions that are to be provided each seaman.(7) any stipulation in reference to advances and allotments of wages.(8) other matters not contrary to law.(c) Each shipping agreement must be signed by the master or individual in charge or a representative of the owner, charterer, or managing operator, and by each seaman employed.(d) The owner, charterer, managing operator, master, or individual in charge shall maintain the shipping agreement and make the shipping agreement available to the seaman.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 561; Pub. L. 103–206, title IV, § 401, Dec. 20, 1993, 107 Stat. 2435.)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

10302

46:564

Section 10302 requires the master to make a shipping agreement with each crew member and lists the information that must be included in the agreement.

Editorial NotesAmendments

1993—Subsec. (a). Pub. L. 103–206, § 401(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Before proceeding on a voyage, the master of a vessel to which this chapter applies shall make a shipping articles agreement in writing with each seaman in the crew.”

Subsecs. (c), (d). Pub. L. 103–206, § 401(2), added subsecs. (c) and (d).

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1987–2022 · leading case: Pronav Charter II, Inc. v. Nolan, 206 F. Supp. 2d 46 (D. Mass. 2002).
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Pronav Charter II, Inc. v. Nolan, 206 F. Supp. 2d 46 (D. Mass. 2002). · cites it 8× “The initial documents do not contain all of the required elements listed in the revised and recodi-fied Title 46, which regulates Shipping, 46 U.S.C. § 10302 (b): (1)the nature, and, as far as practicable, the duration of the intended voyage, and the port or country in which the…”
Mateo v. M/S KISO, 805 F. Supp. 761 (N.D. Cal. 1991). · cites it 2× “46 U.S.C. § 10302 . Such articles commonly adopt the wage terms and other features of collectively bargained agreements negotiated by union’s representing seamen.”
Theodore M. Ellenwood v. Exxon Shipping Co., State of Maine, Intervenor. Theodore M. Ellenwood v. Exxon Shipping Co., State of Maine, Intervenor, 984 F.2d 1270 (1st Cir. 1993). “, 46 U.S.C. §§ 10302 , 10303, 10313, 10502, 10504, 10505, 10506 (prescribing procedures governing meals, hours and wages for seamen).”
Padilla v. Maersk Line, Ltd., 603 F. Supp. 2d 616 (S.D.N.Y. 2009). · cites it 2× “See 46 U.S.C. § 10302 . Traditionally, shipping articles are engagement agreements between “the crew members and the employer shipowner, in which the employer agrees to pay wages for services rendered by the seamen.”
Leep v. Am. Ship Mgmt., LLC, 126 Cal. App. 4th 1028 (Cal. Ct. App. 2005). · cites it 2× “[2] Shipping articles for foreign and intercoastal voyages and for coastwise voyages are required by statute and must specify the nature of the voyage or the period of time for which the seaman is engaged.”
Madeja v. Olympic Packer, LLC, 155 F. Supp. 2d 1183 (D. Haw. 2001). “Each Plaintiff entered into an oral agreement with IMAR.”
Harper v. United States Seafoods LP, 278 F.3d 971 (9th Cir. 2002). · cites it 2× “Analysis of Other Admiralty Statutes We are not persuaded by U.S. Seafoods’ effort to resuscitate the contract through reference to related admiralty provisions that contain more explicit text directing the master to sign.”
Kurtz v. Comm'r, 575 F.3d 1275 (11th Cir. 2009). “” 46 U.S.C. § 10302 (b)(6). This agreement must also specify, “[a] seaman shall be served at least 3 meals a day that total at least 3,100 calories, including adequate water and adequate protein, vitamins, and minerals in accordance with the United States Recommended Daily…”
Fowler v. Towse, 900 F. Supp. 454 (S.D. Fla. 1995). · cites it 2× “46 U.S.C. § 10302 (a) provides that “[t]he owner, charterer, managing operator, master or individual in charge shall make a shipping agreement in writing with each seaman before the seaman commences employment.”
Marshall v. S & S Marine Supply, Inc., 654 F. Supp. 160 (E.D. Va. 1987). “46 U.S.C.A. § 10302 (West 1986). The undisputed facts show plaintiff made no such agreement.”
LLagas v. Sealift Holdings Inc, No. 2:17-cv-00472 (W.D. La. Mar. 13, 2020). “§ 8701 ; (3) that Defendants did not allow, require, or permit Llagas and other foreign nationals in their employ to sign Shipping Articles in violation of 46 U.S.C. § 10302 ; (4) that Defendants failed to pay proper wages to Llagas and other foreign national in their employ in…”
Baduria v. Sealift Holdings, Inc., No. 2:20-cv-00417 (W.D. La. Apr. 2, 2020). “§ 8701 ; prohibiting plaintiffs from signing Shipping Articles as mandated by 46 U.S.C. § 10302 ; failing to pay plaintiffs the highest rate of pay under 46 U.”
Show all 13 citing cases →
46 U.S.C. § 10302(b): 1 case
Pronav Charter II, Inc. v. Nolan, 206 F. Supp. 2d 46 (D. Mass. 2002). “The initial documents do not contain all of the required elements listed in the revised and recodi-fied Title 46, which regulates Shipping, 46 U.S.C. § 10302 (b): (1)the nature, and, as far as practicable, the duration of the intended voyage, and the port or country in which the…”
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