U.S. Code » Title 46 » Subtitle Subtitle II— Vessels and Seamen › Part Part G— Merchant Seamen Protection and Relief › Chapter CHAPTER 105— COASTWISE VOYAGES

46 U.S.C. § 10508

General penalties

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(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 seaman the highest wage that was paid for a similar 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 applicable 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 Government 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 agreement, and also exempts the seaman under certain conditions from applicable regulations, penalties or forfeitures. It also provides a penalty for violation of its provisions.

Editorial NotesAmendments

1993—Subsec. (b). Pub. L. 103–206 substituted “not more than $5,000” for “$20”.

Notes of Decisions
Cited in 3 cases, 1989–2010 · leading case: Doyle v. Huntress, Inc., 419 F.3d 3 (1st Cir. 2005).
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Doyle v. Huntress, Inc., 419 F.3d 3 (1st Cir. 2005). · cites it 2× “Title 46 actually contains two “highest rate of wages” provisions that are substantially the same: 46 U.S.C. §§ 10508 and 11107. The predecessor to § 10508 was one of the first acts of Congress in 1790 and applied to merchant ships operating in the coastwise shipping industry.”
Vincent Sylvis v. Rouge Steel Co., a Subsidiary of Ford Motor Co., 873 F.2d 122 (6th Cir. 1989). · cites it 2× “§ 575 and its successor 46 U.S.C. § 10508 provide that failure to execute the requisite articles renders the master liable to each affected seaman for the highest wages paid for a similar voyage within three months preceding the engagement at the port or place at which the…”
Rafter v. Stevenson, 680 F. Supp. 2d 275 (D. Me. 2010). “The Complaint asserts that the plaintiff worked on a vessel “assisting, rescuing and salvaging vessels in distress along mid-coast Maine.”
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