So with Bouchard and their mess, it got me thinking… How are they (and literally every oilfield company I know of) able to get away with not complying with 46 USC 10313 for paying of wages at all? Sea draws (e)? Pay off upon separation/sign off by the master in cash/check in lieu of direct deposit (f)? Not to mention (g) that says seamen get two days wages for every day their wages are delayed.
These were all the law of the land when I sailed deep sea. Agents coming on with big bags of money for the Captain in port to pay off the crew if it was crew change… sign up sheets in the mess to take draws… sign up sheets to warn the old man if you were going to want your wages in cash… I really just am curious what happened to this and how all these companies aren’t getting their feet held to the fire on it?
So… by CBP rules OCS drilling rigs that are foreign flagged are considered foreign ports when not connected to the bottom, so it would definitely be applicable? Is that what you mean? Or the clarification that vessels on intercoastal voyages are also subject to it?
Much of the rules for draws, allotments, and payoffs are also spelled out in the collective bargaining agreements / contracts with the various unions operating the bulk of the US deep sea fleet. There is a greater chance of a union beef if someone doesn’t get their weekly opportunity to get their taste of the pie versus anything happening from the USCG in my experience.
Would not advise taking your frustrations with the USCG on Mr Cavo. He is a great asset to this site and will only give the facts as he knows them as they are written in the CFR"s. I am sure he is “Befuddled” by some of the things that are written, but not his doing. Thank you Mr Cavo for participating on this site, your time and patience is quite valuable to most of us.
Never signed articles or required to on ATB’s. Only signed articles when I went foreign , and wasn’t on an ATB. Another vessel perhaps in our fleet, but never went out of country with an ATB.
I see no reason why most tugs and ATBs wouldn’t be required to sign articles. They simply don’t and somehow get away with it, just like with issuing discharges.
Always wrote discharges for each trip. Mostly used to verify trip and seatime for USCG upgrades . The little green thingies. They (the seamen) got a copy, USCG got a copy. Been away so long don’t know what they do now to verify time at sea. Something internet related I am sure. Shit, I am getting old.
I think for all coastwise voyages the answer is in the fine print of 46 U.S. Code 10510 & 10504.
The first only requires minimal information in the agreement, it can be signed by a company rep. ( does not require masters signature) specifically excludes wage information and does not have to be posted just records kept by company and accessible to seaman and USCG…most companies fulfill this with an offer letter.
The second is not codified in CFR but basically negates all the pay by Master clauses applicable to international voyages for coastal voyages.
Another great example of regulatory capture by an industry in domestic service.
