46 U.S.C. § 11501 — Penalties for specified offenses

Page 201 TITLE 46—SHIPPING § 11501 1996—Subsec. (a)(2). Pub. L. 104–324 inserted ‘‘as meas- ured 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 coun- try, 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 log- book.’’ § 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 occur- rence; (3) if the entry is about an occurrence hap- pening 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 an- other seaman. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 581.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 11302 ............................................ 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, pro- cures to be made, or assists in making, an entry in the vessel’s official logbook— (1) later than 24 hours after the vessel’s ar- rival at the final port of discharge; and (2) that is about an occurrence that hap- pened before that arrival. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 582.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 11303 ............................................ 46:203 Section 11303 provides a penalty for violation of the provisions about logbooks in this part. § 11304. Additional logbook and entry require- ments (a) A vessel of the United States that is sub- ject 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 a logbook, which may be in any form, including electronic, and shall be kept available for review by the Secretary on request. (b) The logbook required by subsection (a) shall include the following entries: (1) The time when each seaman and each of- ficer assumed or relieved the watch. (2) The number of hours in service to the vessels of each seaman and each officer. (3) Each illness of, and injury to, a seaman of the vessel, the nature of the illness or injury, and the medical treatment provided for the in- jury or illness. (Added Pub. L. 111–281, title VI, § 607(a), Oct. 15, 2010, 124 Stat. 2967; amended Pub. L. 115–282, title V, § 511, Dec. 4, 2018, 132 Stat. 4274.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–282, § 511(a)(1), sub- stituted ‘‘a logbook, which may be in any form, includ- ing electronic, and’’ for ‘‘an official logbook, which’’. Subsec. (b). Pub. L. 115–282, § 511(b), which directed amendment of section 11304(b), without specifying the title to be amended, by substituting ‘‘logbook’’ for ‘‘log book’’, was executed to this section in the introductory provisions of subsec. (b), to reflect the probable intent of Congress. Subsec. (b)(3). Pub. L. 115–282, § 511(a)(2), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘An account of each accident, illness, and injury that occurs during each watch.’’ CHAPTER 115—OFFENSES AND PENALTIES Sec. 11501. Penalties for specified offenses. 11502. Entry of offenses in logbook. 11503. Duties of consular officers related to insubor- dination. 11504. Enforcement of forfeitures. 11505. Disposal of forfeitures. 11506. Carrying sheath knives. 11507. 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 rea- sonable cause to join the seaman’s vessel or to proceed to sea in the vessel, for absence with- out 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 du- ties and without sufficient reason, the seaman forfeits from the seaman’s wages not more than 2 days’ pay or a sufficient amount to de- fray expenses incurred in hiring a substitute. (3) For quitting the vessel without leave after the vessel’s arrival at the port of deliv- ery 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 com- mand at sea, the seaman, at the discretion of the master, may be confined until the disobe- dience ends, and on arrival in port forfeits Page 202 TITLE 46—SHIPPING § 11502 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, en- gineer, or staff officer, the seaman shall be im- prisoned for not more than 2 years. (7) For willfully damaging the vessel, or em- bezzling or willfully damaging any of the stores or cargo, the seaman forfeits from the seaman’s wages the amount of the loss sus- tained and, at the discretion of the court, may be imprisoned for not more than 12 months. (8) For smuggling for which a seaman is con- victed 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 impris- oned for not more than 12 months. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 582.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 11501 ............................................ 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 sea- man. (b) Before arrival in port if the offense was committed at sea, or before departure if the of- fense 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 oppor- tunity to reply. (c) After subsection (b) of this section has been complied with, an entry shall be made in the of- ficial 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 sea- man. (d) In a subsequent legal proceeding, if the en- tries required by this section are not produced or proved, the court may refuse to receive evi- dence of the offense. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 583.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 11502 ............................................ 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 in- subordination (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 insubordina- tion, 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 of- ficial logbook the cause and particulars of the discharge. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 583.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 11503 ............................................ 46:703 Section 11503 delegates to consular officers certain responsibilities related to insubordination of seamen on United States vessels. § 11504. Enforcement of forfeitures When an offense by a seaman also is a crimi- nal violation, it is not necessary that a criminal proceeding be brought to enforce a forfeiture. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 584.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 11504 ............................................ 46:705 Section 11504 provides that when a seaman has com- mitted a criminal offense, a forfeiture may be enforced through civil proceedings. § 11505. Disposal of forfeitures (a) Money, property, and wages forfeited under this chapter for desertion may be applied to compensate the owner or master of the vessel for expenses caused by the desertion. The bal- ance shall be transferred to the appropriate dis- trict court of the United States when the voyage is completed. (b) If it appears to the district court that the forfeiture was imposed properly, the property transferred may be sold in the same manner pre- scribed for the disposition of the property of de- ceased seamen. The court shall deposit in the Treasury as miscellaneous receipts the proceeds of the sale and any money and wages transferred to the court. (c) When an owner or master fails to transfer the balance as required under subsection (a) of this section, the owner or master is liable to the United States Government for a civil penalty of 2 times the amount of the balance, recoverable