46 U.S.C. § 10502

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 include the date and hour on which the seaman must be on board to begin the voyage.(c) The agreement may not contain a provision on the allotment of wages or a scale of provisions.(d) 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.(e) The owner, charterer, managing operator, master, or individual in charge shall maintain the shipping agreement and make the shipping agreement available to the seaman.(f) The Secretary shall prescribe regulations requiring shipping companies to maintain records of seamen on matters of engagement, discharge, and service. The shipping companies shall make these records available to the seaman and the Coast Guard on request.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 103–206, title IV, § 413, Dec. 20, 1993, 107 Stat. 2437.)

Historical and Revision Notes
Revised section	Source section (U.S. Code)
10502	46:574

Section 10502 requires the master on a vessel engaged on a coastwise voyage to sign a shipping agreement with each member of the crew and lists provisions which must be and provisions which may not be included in the agreement.

Editorial NotesAmendments

1993—Subsec. (a). Pub. L. 103–206, § 413(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 on board, declaring the nature of the voyage or the period of time for which the seaman is engaged.”

Subsecs. (d) to (f). Pub. L. 103–206, § 413(2), added subsecs. (d) to (f).

Statutory Notes and Related SubsidiariesTransfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Notes of Decisions

Cited in 9 cases, 1989–2015 · leading case: Vincent Sylvis v. Rouge Steel Co., a Subsidiary of Ford Motor Co., 873 F.2d 122 (6th Cir. 1989).

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Vincent Sylvis v. Rouge Steel Co., a Subsidiary of Ford Motor Co., 873 F.2d 122 (6th Cir. 1989). · cites it 3× “§ 574 and its successor, 46 U.S.C. § 10502 , which require the execution of a written agreement between shipmasters and seamen prior to embarking on a voyage.”

Richard Berg v. Fourth Shipmor Assocs., 82 F.3d 307 (4th Cir. 1996). “” 46 U.S.C. § 10502 . 1 When a seaman and vessel owner sign “voyage articles,” the determination of unearned wages is easy.”

Harper v. United States Seafoods LP, 278 F.3d 971 (9th Cir. 2002). · cites it 3× “Seafoods relies primarily on a Sixth Circuit case, which involved a merchant seaman’s seasonal employment agreement that did not contain certain terms required under 46 U.S.C. § 10502 and its predecessor. See Sylvis v.”

Lundborg v. Keystone Shipping Co., 981 P.2d 854 (Wash. 1999). “[3] 46 U.S.C.A. § 10502 (a) (1999) mandates 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.”

Kurtz v. Comm'r, 575 F.3d 1275 (11th Cir. 2009). “” 46 U.S.C. § 10502 (c). Like Chapter 106, and in contrast to Chapter 103, Chapter 105 does not require the provision of food or water to the crew on coastwise voyages.”

TCW Special Credits v. Chloe Z Fishing Co., 129 F.3d 1330 (9th Cir. 1997). “600 , 602 (1983), and now appear, in relevant part, at 46 U.S.C. §§ 10502 (a) and 10508(a), (b).”

Lundborg v. Keystone Shipping Co., 138 Wash. 2d 658 (Wash. 1999). “46 U.S.C. § 10502 (a) mandates 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.”

Lundborg v. Keystone Shipping Co., 950 P.2d 1014 (Wash. Ct. App. 1998). “19 46 U.S.C.A. § 10502 (a). 20 46 U.S.C.A. § 10501 (a); The Osceola, 189 U.”

Lagergren v. United States, 130 Fed. Cl. 626 (Fed. Cl. 2015). “§ 10504 (b), (e)(1), which reads in relevant part, as follows 1 : (b) The master shall pay a seaman the balance of wages due the seaman within 2 days after the termination of the agreement required by section 10502 of this title [ 46 U.S.C. § 10502 ] or when the seaman is…”

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