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Title 46 — ShippingRelease 119-73

§11104 Destitute seamen

Title 46 › Subtitle Subtitle II— - Vessels and Seamen › Part Part G— - Merchant Seamen Protection and Relief › Chapter CHAPTER 111— - PROTECTION AND RELIEF › § 11104

Last updated Apr 6, 2026|Official source

Summary

Consular officers must give a destitute U.S. seaman basic help and pay to get back to a U.S. port. The cost is covered by the U.S. government and follows rules set by the Secretary of State. If the seaman can work, they must do duties on the ship giving passage, based on their rank. A U.S. ship’s master must take a destitute seaman aboard when a consular officer asks and carry them to the United States. Refusing can cost the master $100, and a consular officer’s signed note is accepted as proof. A master need not take a seaman if doing so would exceed the ship’s allowed persons or if the seaman has a contagious disease. Payment for transport of those who cannot work is set by the master and consular officer under Secretary of State rules, but cannot exceed the lowest passenger fare or 2 cents a mile. If no consular officer is nearby, the master or owner must be reasonably paid under those rules.

Full Legal Text

Title 46, §11104

Shipping — Source: USLM XML via OLRC

(a)A consular officer shall provide, for a destitute seaman of the United States, subsistence and passage to a port of the United States in the most reasonable manner, at the expense of the United States Government and subject to regulations prescribed by the Secretary of State. A seaman, if able, shall be required to perform duties on the vessel giving the seaman passage, in accordance with the seaman’s rating.
(b)A master of a vessel of the United States bound to a port of the United States shall take a destitute seaman on board at the request of a consular officer and transport the seaman to the United States. A master refusing to transport a destitute seaman when requested is liable to the United States Government for a civil penalty of $100. The certificate signed and sealed by a consular officer is prima facie evidence of refusal. A master is not required to carry a destitute seaman if the seaman’s presence would cause the number of individuals on board to exceed the number permitted in the certificate of inspection or if the seaman has a contagious disease.
(c)Compensation for the transportation of destitute seamen to the United States who are unable to work shall be agreed on by the master and the consular officer, under regulations prescribed by the Secretary of State. However, the compensation may be not more than the lowest passenger rate of the vessel, or 2 cents a mile, whichever is less.
(d)When a master of a vessel of the United States takes on board a destitute seaman unable to work, from a port or place not having a consular officer, for transportation to the United States or to a port at which there is a consular officer, the master or owner of the vessel shall be compensated reasonably under regulations prescribed by the Secretary of State.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 11104(a)46:678 11104(b)–(d)46:679 section 11104 provides for the return to the United States of destitute seamen of the United States at the expense of the United States Government.

Reference

Citations & Metadata

Citation

46 U.S.C. § 11104

Title 46 — Shipping

Last Updated

Apr 6, 2026

Release point: 119-73