the amount thereof, recoverable by such Coast Guard official in the same manner that seamen's wages are recovered. In all other cases of forfeiture of wages, the forfeiture shall be for the benefit of the master or owner by whom the wages are payable. (R.S. § 4604; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; 1946 Reorg. Plan No. 3, §§ 101–204, eff.

July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

Chapter 7.-MARINE CASUALTIES

SUBCHAPTER 7A.-GENERAL PROVISIONS

Duty of master of vessel in collision to give aid, name of his vessel, etc.

33 U.S.C. 367

In every case of collision between two vessels it shall be the duty of the master or person in charge of each vessel, if and so far as he can do so without serious danger to his own vessel, crew, and passengers (if any), to stay by the other vessel until he has ascertained that she has no need of further assistance, and to render to the other vessel, her master, crew, and passengers (if any) such assistance as may be practicable and as may be necessary in order to save them from any danger caused by the collision, and also to give to the master or person in charge of the other vessel the name of his own vessel and her port of registry, or the port or place to which she belongs, and also the name of the ports and places from which and to which she is bound. If he fails so to do, and no reasonable cause for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default. (Sept. 4, 1890, ch. 875, § 1, 26 Stat. 425.)

Penalty for failure to give aid, etc.

33 U.S.C. 368

Every master or person in charge of a United States vessel who fails, without reasonable cause, to render such assistance or give such information as required in section 367 of this title shall be deemed guilty of a misdemeanor, and shall be liable to a penalty of $1,000, or imprisonment for a term not exceeding two years; and for the above sum the vessel shall be liable and may be seized and proceeded against by process in any district court of the United States by any person; one half such sum to be payable to the informer and the other half to the United States. (Sept. 4, 1890, ch. 875, § 2, 26 Stat. 425.)

Reckless or negligent operation of vessels; prohibition; accident assistance, information and report

46 U.S.C. 526L

(a) No person shall operate any motorboat or any vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person. To "operate" means to navigate or otherwise use a motorboat or a vessel.

(b) In the case of collision, accident, or other casualty involving a motorboat or other vessel subject to this subchapter, it shall be the duty of the operator, if and so far as he can do so without serious danger to his own vessel, or persons aboard, to render such assistance

as may be practicable and necessary to other persons affected by the collision, accident, or casualty in order to save them from danger caused by the collision, accident, or casualty. He shall also give his name, address, and identification of his vessel to any person injured and to the owner of any property damaged. The duties imposed by this subsection shall be in addition to any duties otherwise provided by law.

(c) In the case of collision, accident, or other casualty involving a motorboat or other vessel subject to this subchapter, the operator thereof, if the collision, accident, or other casualty results in death or injury to any person, or damage to property in excess of $100, shall file with the Secretary of the Department within which the Coast Guard is operating, unless such operator is required to file an accident report with the State under section 527a (c) (6) of this title, a full description of the collision, accident, or other casualty, including such information as the Secretary may by regulation require. (Apr. 25, 1940, ch. 155, § 13, 54 Stat. 166; Sept. 2, 1958, Pub. L. 85-911, § 6(a), 72 Stat. 1756.)

Same; penalty

46 U.S.C. 526m

Any person who shall operate any motorboat or any vessel in a reckless or negligent maner so as to endanger the life, limb, or property of any person shall be deemed guilty of a misdemeanor and on conviction thereof by any court of competent jurisdiction shall be punished by a fine not exceeding $2,000, or by imprisonment for a term of not exceeding one year, or by both such fine and imprisonment, at the discretion of the court. (Apr. 25, 1940, ch. 155, § 14,54 Stat. 166.)

Reports of accidents generally; penalty

33 U.S.C. 361

Whenever any vessel of the United States has sustained or caused any accident involving the loss of life, the material loss of property, or any serious injury to any person, or has received any material damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel, shall within five days after the happening of such accident or damage, or as soon thereafter as possible, send, by letter to the Coast Guard official of the district wherein such vessel belongs or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name and official number (if any) of the vessel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish, upon the request of either of such Coast Guard officials, such other information concerning the vessel, her cargo, and the casualty as may be called for; and if he neglect or refuse to comply with the foregoing requirements after a reasonable time, he shall incur a penalty of $100. (June 20, 1874, ch. 344, § 10, 18 Stat. 128; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

Report of probable loss of vessel; penalty

33 U.S.C. 362

Whenever the managing owner or agent of any vessel of the United States has reason, owing to the nonappearance of such vessel, or to any other circumstance, to apprehend that such vessel has been lost, he shall, as soon as conveniently may be, send notice, in writing, to the Coast Guard official of the port to which said vessel belonged, of such loss, and the probable occasion thereof stating the name and the official number (if any) of the vessel, and the names of all persons on board, so far as the same can be ascertained, and shall furnish, upon request of the Coast Guard official of such port, such additional information as he may be able; and if he neglect to comply with the above requirements within a reasonable time, he shall incur a penalty of $100. (June 20, 1874, ch. 344, § 11, 18 Stat. 128; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

Reports by owners, etc., of barges in tow

33 U.S.C. 365

The owner, agent, or master of every barge which, while in tow through the open sea, has sustained or caused any accident, shall be subject in all respects to the provisions of sections 361-364 of this title, and the reports therein prescribed shall be transmitted by Coast Guard officials to the Commandant of the Coast Guard. (Mar. 4, 1915, ch. 153, § 15, 38 Stat. 1184; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.) .

Remission and recovery of penalties 33 U.S.C. 364

The Commandant of the Coast Guard may, upon application therefor, remit or mitigate any penalty provided for in sections 361–363 of this title, or discontinue any prosecution to recover the same, upon such terms as he, in his discretion, shall think proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may think proper. All penalties provided for in said sections may be sued for, prosecuted, recovered, and disposed of in the manner prescribed by section 396 of this title. (June 20, 1874, ch. 344, § 13, 18 Stat. 128; Mar. 3, 1897, ch. 389, § 11, 29 Stat. 689; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

Transmission of reports to Commandant of the Coast Guard 33 U.S.C. 363

It shall be the duty of the Coast Guard officials to immediately transmit to the Commandant of the Coast Guard such reports and information as they may receive under the provisions of sections 361 and 362 of this title, and they shall also report to the Commandant of the Coast Guard any neglect or refusal on the part of the managing owner, agent, or master of any vessel of the United States to comply with the