46 U.S.C. § 11502 — Entry of offenses in logbook

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