---
kind: "section"
citation: "46 U.S.C. § 10309"
title: "46"
title_heading: "Shipping"
number: "10309"
heading: "Engaging seamen to replace those lost by desertion or casualty"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/10309"
units:
  - "Subtitle II — Vessels and Seamen"
  - "Part G — Merchant Seamen Protection and Relief"
  - "Chapter 103 — Foreign and Intercoastal Voyages"
---

# §10309. Engaging seamen to replace those lost by desertion or casualty

- (a) If a desertion or casualty results in the loss of at least one [seaman](/usc/46/10101.md?p=3), the [master](/usc/46/10101.md?p=1) shall engage, if obtainable, a number equal to the number of seamen of whose services the [master](/usc/46/10101.md?p=1) has been deprived. The new [seaman](/usc/46/10101.md?p=3) must have at least the same grade or rating as the [seaman](/usc/46/10101.md?p=3) whose place the new [seaman](/usc/46/10101.md?p=3) fills. The [master](/usc/46/10101.md?p=1) shall report the loss and replacement to a consular officer at the first port at which the [master](/usc/46/10101.md?p=1) arrives.
- (b) This section does not apply to a fishing or whaling vessel or a [yacht](/usc/46/12101.md?p=b-3).

## Source credit

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, § 407, Dec. 20, 1993, 107 Stat. 2436.)

## Notes

| Historical and Revision Notes |  |
| --- | --- |
| Revised section | Source section (U.S. Code) |
| 10309 | 46:569 |

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.”