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Page 165

§ 11301

TITLE 46—SHIPPING

(d) CORRECTION OF RECORDS.—An official who
is requested under subsection (a)(2) to correct
the service records of a person shall make such
correction.
(Added Pub. L. 105–368, title IV, § 402(a), Nov. 11,
1998, 112 Stat. 3337.)
REFERENCES IN TEXT
Section 401(a)(1)(B) of the GI Bill Improvement Act of
1977, referred to in subsec. (c), is section 401(a)(1)(B) of
Pub. L. 95–202, which is set out as a note under section
106 of Title 38, Veterans’ Benefits.

§ 11204. Processing fees
(a) COLLECTION OF FEES.—The Secretary, or in
the case of personnel of the Army Transport
Service or the Naval Transport Service, the Secretary of Defense, shall collect a fee of $30 from
each applicant for processing an application submitted under section 11203(a) of this title.
(b) TREATMENT OF FEES COLLECTED.—Amounts
received by the Secretary under this section
shall be deposited in the General Fund of the
Treasury as offsetting receipts of the department in which the Coast Guard is operating and
ascribed to Coast Guard activities. Amounts received by the Secretary of Defense under this
section shall be deposited in the General Fund of
the Treasury as offsetting receipts of the Department of Defense. In either case, such
amounts shall be available, subject to appropriation, for the administrative costs of processing
applications under section 11203 of this title.
(Added Pub. L. 105–368, title IV, § 402(a), Nov. 11,
1998, 112 Stat. 3337.)
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
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

(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.
(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.)

Sec.

11301.
11302.
11303.
11304.

Logbook and entry requirements.
Manner of making entries.
Penalties.
Additional logbook and entry requirements.
AMENDMENTS

2010—Pub. L. 111–281, title VI, § 607(b), Oct. 15, 2010, 124
Stat. 2967, added item 11304.

§ 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.

HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

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

46:201

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

TITLE 46—SHIPPING

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

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

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

§ 11304. Additional logbook and entry requirements
(a) A vessel of the United States that is subject to inspection under section 3301 of this title,
except a vessel on a voyage from a port in the
United States to a port in Canada, shall have an
official logbook, which shall be kept available
for review by the Secretary on request.
(b) The log book required by subsection (a)
shall include the following entries:
(1) The time when each seaman and each officer assumed or relieved the watch.
(2) The number of hours in service to the
vessels of each seaman and each officer.
(3) An account of each accident, illness, and
injury that occurs during each watch.
(Added Pub. L. 111–281, title VI, § 607(a), Oct. 15,
2010, 124 Stat. 2967.)

Page 166

CHAPTER 115—OFFENSES AND PENALTIES
Sec.

11501.
11502.
11503.
11504.
11505.
11506.
11507.

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
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.)