46 U.S.C. § 11301 — Logbook and entry requirements

Page 200 TITLE 46—SHIPPING § 11204 Pub. L. 95–202, which is set out as a note under section 106 of Title 38, Veterans’ Benefits. AMENDMENTS 2021—Pub. L. 116–283, § 8505(b)(13)(A), substituted ‘‘an individual’’ for ‘‘a person’’ in subsecs. (a)(1) and (d). Subsec. (a)(2). Pub. L. 116–283, § 8505(b)(13)(B), sub- stituted ‘‘that individual’’ for ‘‘that person’’. § 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 Sec- retary of Defense, shall collect a fee of $30 from each applicant for processing an application sub- mitted 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 depart- ment in which the Coast Guard is operating and ascribed to Coast Guard activities. Amounts re- ceived by the Secretary of Defense under this section shall be deposited in the General Fund of the Treasury as offsetting receipts of the De- partment of Defense. In either case, such amounts shall be available, subject to appropria- tion, 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.) Statutory Notes and Related Subsidiaries 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. CHAPTER 113—OFFICIAL LOGBOOKS Sec. 11301. Logbook and entry requirements. 11302. Manner of making entries. 11303. Penalties. 11304. Additional logbook and entry requirements. Editorial Notes 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 log- book 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 alter- nate 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 At- lantic 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 sec- tion 11502 of this title. (3) each offense for which punishment is in- flicted 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 re- quired 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 dur- ing the voyage and the gross amount of all de- ductions 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 state- ment about the casualty and the cir- cumstances under which it occurred, made im- mediately after the casualty when practicable to do so. (13) when a vessel fails to carry out ballast water management requirements as applicable and pursuant to regulations promulgated by the Secretary, including when the vessel fails to carry out ballast water management re- quirements due to an allowed safety exemp- tion, a statement regarding the failure to comply and the circumstances under which the failure occurred, made immediately after the failure, 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; Pub. L. 115–282, title IX, § 903(d), Dec. 4, 2018, 132 Stat. 4357.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 11301 ............................................ 46:201 Section 11301 requires United States vessels on cer- tain types of voyages to have an official logbook and lists the types of entries that must be made in the log- book. Editorial Notes AMENDMENTS 2018—Subsec. (b)(13). Pub. L. 115–282 added par. (13). 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