
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC10311]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part G--Merchant Seamen Protection and Relief
 
              CHAPTER 103--FOREIGN AND INTERCOASTAL VOYAGES
 
Sec. 10311. Certificates of discharge

    (a) On discharging a seaman and paying the seaman's wages, the 
master or individual in charge shall provide the seaman with a 
certificate of discharge. The form of the certificate shall be 
prescribed by regulation. It shall contain--
        (1) the name of the seaman;
        (2) the citizenship or nationality of the seaman;
        (3) the number of the seaman's merchant mariner's document;
        (4) the name and official number of the vessel;
        (5) the nature of the voyage (foreign, intercoastal, or 
    coastwise);
        (6) the propulsion class of the vessel;
        (7) the date and place of engagement;
        (8) the date and place of discharge; and
        (9) the seaman's capacity on the voyage.

    (b) The certificate of discharge may not contain a reference about 
the character or ability of the seaman. The certificate shall be signed 
by the master and the seaman.
    (c) A certificate of discharge may not be issued if the seaman holds 
a continuous discharge book. The entries shall be made in the discharge 
book in the same manner as the entries required by subsection (a) of 
this section.
    (d)(1) A record of each discharge shall be maintained by the owner, 
charterer, managing operator, master, or individual in charge in the 
manner and location prescribed by regulation. The records may not be 
open for general or public use or inspection.
    (2) A duplicate of a record of discharge shall be issued to a seaman 
at the request of the seaman.
    (e) This section does not apply to a fishing or whaling vessel or a 
yacht.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103-206, title IV, 
Sec. 409, Dec. 20, 1993, 107 Stat. 2436.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
10311.............................  46:643
------------------------------------------------------------------------

    Section 10311 requires a shipping commissioner, when discharging a 
seaman, either to provide the seaman with a certificate of discharge or 
to make an entry in the seaman's continuous discharge book. It requires 
that certain facts be included in the certificate or in the entry, 
prohibits other information from being included, and requires the 
Secretary to keep records of all discharges, copies of which must be 
furnished to seamen at cost upon request. These discharges are used to 
substantiate the nature and duration of the seaman's employment on a 
particular vessel. This section does not apply to fishing vessels, 
whaling vessels, or yachts.


                               Amendments

    1993--Subsec. (a). Pub. L. 103-206, Sec. 409(1), substituted 
``master or individual in charge'' for ``shipping commissioner''.
    Subsec. (b). Pub. L. 103-206, Sec. 409(2), substituted ``by the 
master and the seaman'' for ``by the master, the seaman, and the 
shipping commissioner as witness''.
    Subsec. (d)(1). Pub. L. 103-206, Sec. 409(3), substituted ``owner, 
charterer, managing operator, master, or individual in charge'' for 
``Secretary''.
    Subsec. (d)(2). Pub. L. 103-206, Sec. 409(4), substituted ``at the 
request of the seaman'' for ``at a cost prescribed by regulation''.
