Statutory Regulation

Page 151

§ 11303

TITLE 46—SHIPPING

and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

CHAPTER 113—OFFICIAL LOGBOOKS

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 581; Pub. L.
98–557, § 30, Oct. 30, 1984, 98 Stat. 2875; Pub. L.
104–324, title VII, § 742, Oct. 19, 1996, 110 Stat.
3942.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

11301 ............................................

46:201

Sec.

11301.
11302.
11303.

Logbook and entry requirements.
Manner of making entries.
Penalties.

§ 11301. Logbook and entry requirements
(a) Except a vessel on a voyage from a port in
the United States to a port in Canada, a vessel
of the United States shall have an official logbook if the vessel is—
(1) on a voyage from a port in the United
States to a foreign port; or
(2) of at least 100 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 and is on a voyage
between a port of the United States on the Atlantic Ocean and on the Pacific Ocean.
(b) The master of the vessel shall make or
have made in the official logbook the following
entries:
(1) each legal conviction of a seaman of the
vessel and the punishment inflicted.
(2) each offense committed by a seaman of
the vessel for which it is intended to prosecute
or to enforce under a forfeiture, together with
statements about reading the entry and the
reply made to the charge as required by section 11502 of this title.
(3) each offense for which punishment is inflicted on board and the punishment inflicted.
(4) a statement of the conduct, character,
and qualifications of each seaman of the vessel
or a statement that the master declines to
give an opinion about that conduct, character,
and qualifications.
(5) each illness of or injury to a seaman of
the vessel, the nature of the illness or injury,
and the medical treatment.
(6) each death on board, with the cause of
death, and if a seaman, the information required by section 10702 of this title.
(7) each birth on board, with the sex of the
infant and name of the parents.
(8) each marriage on board, with the names
and ages of the parties.
(9) the name of each seaman who ceases to
be a crewmember (except by death), with the
place, time, manner, and the cause why the
seaman ceased to be a crewmember.
(10) the wages due to a seaman who dies during the voyage and the gross amount of all deductions to be made from the wages.
(11) the sale of the property of a seaman who
dies during the voyage, including a statement
of each article sold and the amount received
for the property.
(12) when a marine casualty occurs, a statement about the casualty and the circumstances under which it occurred, made immediately after the casualty when practicable to
do so.

Section 11301 requires United States vessels on certain types of voyages to have an official logbook and
lists the types of entries that must be made in the logbook.
AMENDMENTS
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 ‘‘100 gross tons’’.
1984—Subsec. (a). Pub. L. 98–557 amended subsec. (a)
generally, which prior to amendment read as follows:
‘‘A vessel of the United States on a voyage between a
port in the United States and a port in a foreign country, and a vessel of the United States of at least 75
gross tons 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, shall have an official logbook.’’

§ 11302. Manner of making entries
Each entry made in the official logbook—
(1) shall be made as soon as possible after
the occurrence;
(2) if not made on the day of the occurrence,
shall be dated and state the date of the occurrence;
(3) if the entry is about an occurrence happening before the vessel’s arrival at the final
port of discharge, shall be made not later than
24 hours after the arrival;
(4) shall be signed by the master; and
(5) shall be signed by the chief mate or another seaman.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 581.)
HISTORICAL AND REVISION NOTES
Revised section
11302 ............................................

Source section (U.S. Code)
46:202

Section 11302 describes the manner in which entries
shall be made in the logbook, specifying when they
shall be made, who shall sign them, and requiring that
they shall be dated.

§ 11303. Penalties
(a) A master failing to maintain an official
logbook as required by this part is liable to the
United States Government for a civil penalty of
$200.
(b) A master failing to make an entry in the
vessel’s official logbook as required by this part
is liable to the Government for a civil penalty of
$200.
(c) A person is liable to the Government for a
civil penalty of $150 when the person makes, procures to be made, or assists in making, an entry
in the vessel’s official logbook—
(1) later than 24 hours after the vessel’s arrival at the final port of discharge; and
(2) that is about an occurrence that happened before that arrival.

§ 11501

TITLE 46—SHIPPING

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 582.)
HISTORICAL AND REVISION NOTES
Revised section
11303 ............................................

Source section (U.S. Code)
46:203

Page 152

master, the seaman is liable to the owner or
master for the loss or damage, and any part of
the seaman’s wages may be retained to satisfy
the liability. The seaman also may be imprisoned for not more than 12 months.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 582.)

Section 11303 provides a penalty for violation of the
provisions about logbooks in this part.

CHAPTER 115—OFFENSES AND PENALTIES

11504.
11505.
11506.
11507.

Revised section
11501 ............................................

Sec.

11501.
11502.
11503.

HISTORICAL AND REVISION NOTES

Penalties for specified offenses.
Entry of offenses in logbook.
Duties of consular officers related to insubordination.
Enforcement of forfeitures.
Disposal of forfeitures.
Carrying sheath knives.
Surrender of offending officers.

§ 11501. Penalties for specified offenses
When a seaman lawfully engaged commits any
of the following offenses, the seaman shall be
punished as specified:
(1) For desertion, the seaman forfeits any
part of the money or property the seaman
leaves on board and any part of earned wages.
(2) For neglecting or refusing without reasonable cause to join the seaman’s vessel or to
proceed to sea in the vessel, for absence without leave within 24 hours of the vessel’s sailing
from a port (at the beginning or during the
voyage), or for absence without leave from duties and without sufficient reason, the seaman
forfeits from the seaman’s wages not more
than 2 days’ pay or a sufficient amount to defray expenses incurred in hiring a substitute.
(3) For quitting the vessel without leave
after the vessel’s arrival at the port of delivery and before the vessel is placed in security,
the seaman forfeits from the seaman’s wages
not more than one month’s pay.
(4) For willful disobedience to a lawful command at sea, the seaman, at the discretion of
the master, may be confined until the disobedience ends, and on arrival in port forfeits
from the seaman’s wages not more than 4
days’ pay or, at the discretion of the court,
may be imprisoned for not more than one
month.
(5) For continued willful disobedience to
lawful command or continued willful neglect
of duty at sea, the seaman, at the discretion of
the master, may be confined, on water and
1,000 calories, with full rations every 5th day,
until the disobedience ends, and on arrival in
port forfeits, for each 24 hours’ continuance of
the disobedience or neglect, not more than 12
days’ pay or, at the discretion of the court,
may be imprisoned for not more than 3
months.
(6) For assaulting a master, mate, pilot, engineer, or staff officer, the seaman shall be imprisoned for not more than 2 years.
(7) For willfully damaging the vessel, or embezzling or willfully damaging any of the
stores or cargo, the seaman forfeits from the
seaman’s wages the amount of the loss sustained and, at the discretion of the court, may
be imprisoned for not more than 12 months.
(8) For smuggling for which a seaman is convicted causing loss or damage to the owner or

Source section (U.S. Code)
46:701

Section 11501 provides penalties for specific offenses
committed by seamen.

§ 11502. Entry of offenses in logbook
(a) When an offense listed in section 11501 of
this title is committed, an entry shall be made
in the vessel’s official logbook—
(1) on the day of the offense;
(2) stating the details;
(3) signed by the master; and
(4) signed by the chief mate or another seaman.
(b) Before arrival in port if the offense was
committed at sea, or before departure if the offense was committed in port and the offender is
still on the vessel—
(1) the entry shall be read to the offender;
(2) the offender shall be given a copy; and
(3) the offender shall be given the opportunity to reply.
(c) After subsection (b) of this section has been
complied with, an entry shall be made in the official logbook—
(1) stating that the entry about the offense
was read and a copy provided to the offender;
(2) stating the offender’s reply;
(3) signed by the master; and
(4) signed by the chief mate or another seaman.
(d) In a subsequent legal proceeding, if the entries required by this section are not produced
or proved, the court may refuse to receive evidence of the offense.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 583.)
HISTORICAL AND REVISION NOTES
Revised section
11502 ............................................

Source section (U.S. Code)
46:702

Section 11502 describes the manner in which offenses
must be recorded in the official logbook, and the use of
the records by the court.

§ 11503. Duties of consular officers related to insubordination
(a) A consular officer shall use every means to
discountenance insubordination on vessels of
the United States, including employing the aid
of local authorities.
(b) When a seaman is accused of insubordination, a consular officer shall inquire into the
facts and proceed as provided in section 11106 of
this title. If the consular officer discharges the
seaman, the officer shall endorse the agreement
required by this part and enter in the vessel’s official logbook the cause and particulars of the
discharge.