PRIA, Government Policy, Made Personal

Summary

When one or more sailors desert or are lost in an accident, the ship’s captain must hire replacements, if available, equal to the number lost. The new crew members must have the same or a higher rank or skill level as the people they replace. The captain must report the loss and the replacements to a consular officer at the first port the ship reaches. This rule does not apply to fishing or whaling boats or to yachts.

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.

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.”

§10309 Engaging Seamen to Replace Those Lost by Desertion or Casualty