Title 46 — ShippingRelease 119-73
§10309 Engaging seamen to replace those lost by desertion or casualty
Title 46 › Subtitle Subtitle II— - Vessels and Seamen › Part Part G— - Merchant Seamen Protection and Relief › Chapter CHAPTER 103— - FOREIGN AND INTERCOASTAL VOYAGES › § 10309
Summary
When desertion or a casualty removes one or more seamen, the master must, if available, hire the same number of replacements of the same grade or rating. They must report the loss and replacements to a consular officer at first port. Not for fishing or whaling vessels or yachts.
Full Legal Text
Title 46, §10309
Shipping — Source: USLM XML via OLRC
(a)If a desertion or casualty results in the loss of at least one seaman, the master shall engage, if obtainable, a number equal to the number of seamen of whose services the master has been deprived. The new seaman must have at least the same grade or rating as the seaman whose place the new seaman fills. The master shall report the loss and replacement to a consular officer at the first port at which the master arrives.
(b)This section does not apply to a fishing or whaling vessel or a yacht.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource section (U.S. Code) 1030946:569 section 10309 provides for the replacement of seamen lost by desertion or casualty. It does not apply to fishing vessels, whaling vessels, or yachts.
Editorial Notes
Amendments
1993—Subsecs. (b), (c). Pub. L. 103–206 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “The master is liable to the United States Government for a civil penalty of $200 for each report not made. The vessel also is liable in rem for the penalty.”
Reference
Citations & Metadata
Citation
46 U.S.C. § 10309
Title 46 — Shipping
Last Updated
Apr 6, 2026
Release point: 119-73