HELPFUL HINTS FOR MASTERS ON OFFICIAL LOGBOOKS AND LOG ENTRIES

1. Part I of this logbook provides the statutory United States Code (USC) requirements for keeping official logbooks and states the situations where a vessel must use this Official Logbook. Part II tells you what to do with the official and unofficial logbooks at the end of a voyage. Part III draws your attention to the fact that the Code of Federal Regulations (CFR) have specific requirements for log entries that apply to virtually every type of vessel. Parts IV and V address entries regarding crewmembers. The remainder of the book provides formats for your log entries.

2. Vessels that are not required by law to keep an official logbook are exceptionally rare. Even small commercial vessels on international voyages, even as close as Mexico or the Bahamas, will need an Official Logbook. On domestic voyages you will still be required to log activities such as drills in an unofficial logbook. Do not assume that because prior masters failed to keep a logbook or to log some events that you do not have to. You should check relevant portions of the CFR to determine the kind of logbook you will need and what entries you should make.

3. The CFR have very specific criteria concerning the format of certain logbook entries. Industry practices and company guidelines are normally very helpful but they should be checked to see that they conform to current CFR requirements.

4. Official logbooks are very important legal documents. Entries should be carefully made in ink in plain language using accepted nautical terms. Always remember that you may have to explain your entry in a court of law so stick to the facts and be precise and legible. Make your entries as soon as possible after an event so that facts are clear in your mind and you know the input from others is fresh.

5. Do not erase, ink over, white-out mistakes or remove pages from logbooks. Simply draw a line (through) through the mistake and initial beside it.

6. As Master you must make all Official Logbook entries and are responsible for entries made by your officers or crew in other logbooks aboard your vessel. Have a policy that promotes proper log entries, train new personnel, and check the vessel's logbook on a regular basis. You can assume that in the event of legal proceedings that official and unofficial logbook entries will be cross-checked against all other documents or recording devices aboard your vessel.

I. STATUTORY REQUIREMENTS

Title 46, United States Code — Subtitle II, Part G — Chapter 113: Official Logbooks

46 U.S.C. § 11301. Logbook and Entry Requirements

Vessels required to have an Official Logbook

(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.

Logbook Entries

(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)

46 U.S.C. § 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.)

46 U.S.C. § 11303. Penalties for Failure to Make Proper Official Logbook Entries

(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 $220.
(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 $220.
(c) A person is liable to the Government for a civil penalty of $185 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)

The U.S. Criminal Code makes it a criminal offense under 18 U.S.C. § 1001 for any person to knowingly make a false statement or representation to, or to conceal a material fact from, any department or agency of the United States as to any manner within its jurisdiction. The statutory provision states:

18 U.S.C. § 1001. Statements or Entries Generally

(a) Except as otherwise provided in this section, whoever, in any manner within the jurisdiction of the executive, legislative, or judicial branches of the Government of the United States, knowingly and willfully —
   (1) falsifies, conceals, or covers up by trick, scheme, or device a material fact;
   (2) makes any materially false, fictitious, or fraudulent statement or representation; or
   (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent entry;
shall be fined under this title or imprisoned not more than 5 years, or both.

(June 25, 1948, c. 645, 62 Stat. 749; Sept. 13, 1994, Pub. L. 103-322, § 330016(1)(L); Oct. 11, 1996, Pub. L. 104-292)

II. CARE AND DISPOSITION OF OFFICIAL LOGBOOKS AND UNOFFICIAL LOGBOOKS

The CFRs that apply to each vessel type require that when the foreign voyage is completed, the master or person in charge shall file the Official Logbook CG-706B with the nearest Officer in Charge, Marine Inspection (OCMI).

The master or person in charge of a vessel that is not required by 46 USC to have an official logbook, may be required by the CFRs applicable to the vessels to maintain, on board, an unofficial logbook for making required entries. The unofficial logbook may be required by relevant portions of the CFR to be retained on board for a period of time and be available to Coast Guard inspectors.

III. EXAMPLES OF CFR CITATIONS REFERENCING OFFICIAL LOGBOOK ENTRIES

The following citations are examples of CFR requirements regarding keeping an Official Logbook. The examples are not all-inclusive and are subject to change. Masters should review current portions of the CFR regarding Official Logbook requirements for the service and vessel type that they are commanding prior to commencing a voyage.

Title 46, Code of Federal Regulations — Shipping

Chapter I, Subchapter A

Part 4 — Marine Casualties and Investigations

§ 4.05-12 Alcohol or drug use by individuals directly involved in casualties.

(a) For each marine casualty required to be reported by § 4.05-10, the marine employer shall determine whether there is any evidence of alcohol or drug use by individuals directly involved in the casualty.
(b) The marine employer shall include in the written report, Form CG-2692, submitted for the casualty information which: (1) identifies those individuals for whom evidence of drug or alcohol use, or evidence of intoxication, has been obtained; and (2) specifies the method used to obtain such evidence, such as personal observation of the individual, or by chemical testing of the individual.
(c) An entry shall be made in the official logbook, if carried, pertaining to those individuals for whom evidence of intoxication is obtained. The individual must be informed of this entry and the entry must be witnessed by a second person.
(d) If an individual directly involved in a casualty refuses to submit to, or cooperate in, the administration of a timely chemical test, when directed by a law enforcement officer or by the marine employer, this fact shall be noted in the official logbook, if carried, and in the written report (Form CG-2692), and shall be admissible as evidence in any administrative proceeding.

(CGD 84-0099, 52 FR 47534, Dec. 14, 1987)

Chapter I, Subchapter E — Load Lines  ·  Part 42 — Domestic and Foreign Voyages by Sea

§ 42.07-20 Logbook entries.

(a) Official logbooks (Form CG-706B) are furnished free to certain vessels, and after they have served their purpose they are filed with the applicable Officer in Charge, Marine Inspection.
(b) The master shall be responsible for having entered in the vessel's official logbook, if carried, otherwise in his own log considered as its official logbook, the data required by section 6 of the load line acts. These logbook entries shall be made before a vessel departs from her loading port or place and consist of: (1) A statement of the load line marks applicable to the voyage; and (2) A statement of the position of the load line marks, port and starboard, at the time of departing from a port or place; i.e., the distance in inches of the water surface above or below the applicable load line; and (3) The actual drafts of the vessel, forward and aft, as nearly as the same can be ascertained, at the time of departing from a port or place.
(c) Where the master uses his own log, it shall be kept by the master or owner for 1 year after the actions noted therein have been completed and upon request shall be furnished to any load line enforcement officer.

Examples of CFR Official Logbook Entry Requirements by Class of Vessel ¹

¹ These citations are provided as examples of specific portions of the CFR concerning Official Logbook entries applicable to specific classes of vessels. They are not intended to be a complete list and Masters should consult applicable portions of the CFR to determine Official Logbook requirements applicable to their vessel.

Specific Example of Entries Required by the CFR — Subchapter I Vessel

Note: This example is for a Subchapter I vessel. Each class of vessel will have individual requirements in the appropriate subchapter of Title 46, CFR.

Title 46, Code of Federal Regulations — Subchapter I — Cargo and Miscellaneous Vessels

§ 97.35-3 Logbooks and records.

(a) The master or person in charge of a vessel that is required by 46 U.S.C. 11301 to have an official logbook shall maintain the logbook on form CG-706B. When the voyage is completed, the master or person in charge shall file the logbook with the Officer in Charge, Marine Inspection.
(b) The master or person in charge of a vessel that is not required by 46 U.S.C. 11301 to have an official logbook, shall maintain, on board, an unofficial logbook or record in any form desired for the purposes of making entries therein as required by law or regulations in this subchapter. Such logs or records are not filed with the Officer in Charge, Marine Inspection, but must be kept available for review by a marine inspector for a period of 1 year after the date to which the records refer. Separate records of tests and inspections of fire fighting equipment must be maintained with the vessel's logs for the period of validity of the vessel's certificate of inspection.

§ 97.35-5 Actions required to be logged.

The actions and observations noted in this section shall be entered in the official logbook. This section contains no requirements which are not made in other portions of this subchapter, the items being merely grouped together for convenience.

(a) Onboard training, musters, and drills: held in accordance with Subchapter W (Lifesaving Appliances and Arrangements) of this chapter.
(b) Steering Gear, Whistle, and Means of Communication. Prior to departure. See § 97.15-3.
(c) Drafts and Load Line Markings. Prior to leaving port, ocean, coastwise, and Great Lakes services only. See § 97.15-5.
(d) Verification of vessel compliance with applicable stability requirements. After loading and prior to departure and at all other times necessary to assure the safety of the vessel. See § 97.15-7.
(e) Loading doors. Where applicable, every closing and any opening when not docked. See § 97.15-17.
(f) Hatches and other openings. All openings and closings, or leaving port without closing. Except vessels on protected waters. See § 97.15-20.
(g) Emergency Lighting and Power Systems. Weekly and semi-annually. See § 97.15-30.
(h) Fuel oil data: Upon receipt of fuel oil on board. See § 97.15-55.
(i) Cargo gear inspections: At least once a month. See § 91.37-70 of this subchapter.

[CGFR 65-50, 30 FR 17011, Dec. 30, 1965, as amended by CGD 80-159, 51 FR 33059, Sept. 18, 1986; CGD 84-069, 61 FR 25289, May 20, 1996]

IV. OFFENSES BY SEAMAN AND PENALTIES REQUIRED TO BE LOGGED

Title 46, United States Code — Chapter 115 — Offenses and Penalties

§ 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.)

§ 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 seaman.

(b) Before arrival in port if the offense was committed at sea, or before departure if the offense 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 opportunity to reply.

(c) After subsection (b) of this section has been complied with, an entry shall be made in the official 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 seaman.

(d) In a subsequent legal proceeding, if the entries required by this section are not produced or proved, the court may refuse to receive evidence of the offense.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 583.)

V. OFFICIAL LOGBOOK ENTRIES IN THE EVENT OF THE DEATH OF A SEAMAN

Title 46, United States Code — Chapter 107 — Effects of Deceased Seamen

§ 10702. Duties of Masters

(a) When a seaman dies during a voyage, the master shall take charge of the seaman's money and property. An entry shall be made in the official logbook, signed by the master, the chief mate, and an unlicensed crewmember containing an inventory of the money and property and a statement of the wages due the seaman, with the total of the deductions to be made.
(b) On compliance with this chapter, the master shall obtain a written certification of compliance from the consular officer or court clerk. Clearance may be granted to a foreign-bound vessel only when the certificate is received at the office of customs.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 572; Pub. L. 103-206, Title IV, § 422(8), Dec. 20, 1993, 107 Stat. 2438.)

§ 10703. Procedures of Masters

(a) If the vessel is proceeding to the United States when a seaman dies, the master shall deliver the seaman's money, property, and wages when the agreement required by this part is ended, as provided in section 10706 of this title.
(b) If the vessel touches at a foreign port after the death of the seaman, the master shall report to the first available consular officer. The consular officer may require the master to deliver to the officer the money, property, and wages of the seaman. The consular officer shall give the master a receipt for the matters delivered and certify on the agreement the particulars of the delivery. When the agreement ends, the master shall deliver the receipt to a district court of the United States.
(c) If the consular officer does not require the master to deliver the seaman's money, property, and wages, the officer shall so certify on the agreement, and the master shall dispose of the money, property, and wages as provided under section 10706 of this title.
(d) A deduction from the account of a deceased seaman is valid only if certified by a proper entry in the official logbook.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 573; Pub. L. 103-206, Title IV, § 418, Dec. 20, 1993, 107 Stat. 2438.)