Download:
pdf |
pdfPage 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.
File Type | application/pdf |
File Modified | 2018-06-01 |
File Created | 2018-06-01 |