46 U.S.C. § 10301
Section 10301 · Application
Amended 3 times on record
Applied in 35 court decisions — leading case Pacific Merchant Shipping Ass'n v. Aubry (1990)
Most recently applied in Flecker v. Statue Cruises, LLC (July 2013)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) Except as otherwise specifically provided, this chapter applies to a vessel of the United States—
(1) on a voyage between a port in the United States and a port in a foreign country (except a port in Canada, Mexico, or the West Indies); or
(2) of at least 75 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title on a voyage between a port of the United States on the Atlantic Ocean and a port of the United States on the Pacific Ocean.
(b) This chapter does not apply to a vessel on which the seamen are entitled by custom or agreement to share in the profit or result of a voyage or to riding gang members.
(c) Unless otherwise provided, this chapter does not apply to a foreign vessel.
Editorial notes U.S. Code · Office of the Law Revision Counsel
46:56646:574 Section 10301 specifies that vessels on foreign and intercoastal voyages (except for fishing vessels and foreign vessels) are subject to the seamen protection and relief provisions contained in chapter 103.
Amendments
2006—Subsec. (b). Pub. L. 109–241 inserted “or to riding gang members” after “voyage”.
1996—Subsec. (a)(2). Pub. L. 104–324 inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “75 gross tons”.