something like an established company policy as could beconstrued from reading 46 CFR §5.27 Misconduct. Weopine that reasonable logbook entries should be required andsubject to regulation. We also agree with <strong>the</strong> Coast GuardsOfficial Logbook and <strong>the</strong> instructions it provides.The Coast Guard claims that Congress has not authorizedit to enforce its Official Logbook standards vessels o<strong>the</strong>rthan those specified in <strong>the</strong> statutes cited. While <strong>the</strong> logbookissue is very important to our mariners, it seems to be <strong>of</strong> nosignificance to <strong>the</strong> Coast Guard and is not yet on Congressradar screen in spite <strong>of</strong> six years <strong>of</strong> effort on our part. Thisleaves you, as an Administrative Law Judge, to pick througha Hard Log (aka Rough Log) and a Money Log (akaCompany Billing Log) to try to ascertain who was on dutyand when. Apparently, nei<strong>the</strong>r logbook mentioned that anyaccident involving damage to <strong>the</strong> vessel or significantpollution occurred (in <strong>the</strong> case before you).I am a maritime educator and author/editor <strong>of</strong> a number<strong>of</strong> textbooks written specifically for lower-level mariners. Ialso edit a number <strong>of</strong> logbooks (specimen enclosed). I amnot an attorney although our <strong>Assoc</strong>iation has a number <strong>of</strong>plaintiffs attorneys as members. One area that few if anycourses, including those approved by <strong>the</strong> National MaritimeCenter for lower-level mariners, even cover are regulationsin 46 CFR Parts 4 & 5 (Casualties and Investigations), Part16 (Chemical Testing) and 49 CFR Part 40 (Drug & AlcoholTesting). These are issues that you, as an AdministrativeLaw Judge, must deal with. They are issues that our<strong>Assoc</strong>iation instructs its mariners in through a number <strong>of</strong> ourGCMA reports all posted on our internet website.(Example: GCMA Report R-315-series). There is absolutelyno training given to any lower-level mariner about <strong>the</strong>responsibility for maintaining an accurate logbook <strong>of</strong> anytype, probably because <strong>the</strong>re is a void in <strong>the</strong> regulations thatcover it. Even 46 U.S. Code §11303 considers very minimalpenalties <strong>of</strong> $150/$200 that relegate entries even in aCongressionally-mandated Official Logbook toinsignificance. This is reflected in industry practice astestimony revealed.As a reasonable consequence, most mariners and evencompany owners feel that accurate logbooks are aninsignificant part <strong>of</strong> <strong>the</strong> job. As such, <strong>the</strong> testimony in thiscase accurately represented normal industry practice. In thiscase, only <strong>the</strong> Billing Log was important because that ishow <strong>the</strong> company substantiates its invoices to <strong>the</strong> (charterer).In fact, <strong>the</strong> boat owner asserted that regaining control <strong>of</strong>stolen logbook pages was very important not because <strong>the</strong>ycontained potentially fraudulent entries but because <strong>of</strong> <strong>the</strong>ircommercial value in obtaining reimbursement for servicesrendered. We <strong>of</strong>ten remind our mariners that <strong>the</strong> boat ownerowns <strong>the</strong> logbook.[GCMA Comment: It would be helpful if this fact wasbacked by an appropriate law or regulation.]The Billing Log is a specialized commercial logbook.The company must purchase this book commerciallywhereas <strong>the</strong> government is mandated to supply ships withOfficial Logbooks. (Paren<strong>the</strong>tically, although <strong>the</strong> CoastGuard through Captain Richard Stewart has done anadmirable job in editing <strong>the</strong>ir Official Logbook, <strong>the</strong>y havedone an inadequate and pitiful job <strong>of</strong> making it available to<strong>the</strong> public as I am prepared to report to Congress). I havehad Official Logbooks on order for over one year fromMSU Morgan City. Apparently, <strong>the</strong>y have been unable toobtain <strong>the</strong>m through <strong>the</strong>ir ordinary supply channels. Yet, <strong>the</strong>Coast Guard refuses to allow commercial publication <strong>of</strong> <strong>the</strong>Official Logbook. I am prepared to document <strong>the</strong>sestatements.The Rough Log described in <strong>the</strong> courtroom andpresented by <strong>the</strong> respondents attorney comes closest totelling <strong>the</strong> real story <strong>of</strong> how <strong>the</strong> vessel operates on a dailybasis except it lacks signatures to identify who is responsiblefor making <strong>the</strong> entries and contains no schedule <strong>of</strong> who wason watch at any given time. The Rough Log, in effect, is<strong>of</strong>ten a Diary also lacks structure in that <strong>the</strong> <strong>Master</strong> isnot reminded to make certain entries and is not told whattype <strong>of</strong> entries to make except by reading some o<strong>the</strong>rspecific written company policy not introduced intotestimony. (The enclosed specimen) is an example <strong>of</strong> astructured logbook.The Billing Log in this case apparently also hasstructure but it fills a specialized purpose. If <strong>the</strong> CoastGuard expects <strong>the</strong> <strong>of</strong>ficers to collect information on avoyage, <strong>the</strong>y need to be specific as to what type <strong>of</strong>information to maintain. The Coast Guard has not done that.Nor have <strong>the</strong>y seen fit to include maintaining accuraterecords as a part <strong>of</strong> <strong>the</strong> courses <strong>the</strong>y approve at <strong>the</strong> NationalMaritime Center for lower-level licensed <strong>of</strong>ficers. A part <strong>of</strong>this training should include <strong>the</strong> responsibility for truthfulreporting. You pointed out on two occasions that 18 U.S.Code §1001 contained significant penalties for untruthfulstatements. Yet, <strong>the</strong> only time <strong>the</strong> average certificatedmariner is ever directed to this statute is when he applies foror attempts to renew his license. I maintain this statute has amuch broader applications and that <strong>the</strong> Coast Guard hasplaced much more emphasis on it since 9/11.I believe that <strong>the</strong> Coast Guards ability to investigateaccidents and to uncover o<strong>the</strong>r types <strong>of</strong> unsavory conductthat you correctly alluded to at <strong>the</strong> conclusion <strong>of</strong> this hearingis impaired substantially if <strong>the</strong>y do not have a reasonableexpectation that licensed <strong>of</strong>ficers will maintain a detailedand accurate logbook. This was <strong>the</strong> thrust <strong>of</strong> (this) GCMAReport. However, as far as regulation and guidance areconcerned, since <strong>the</strong> Coast Guard asks for nothing in <strong>the</strong>way <strong>of</strong> an accurate record <strong>of</strong> a voyage, <strong>the</strong>refore that isexactly what <strong>the</strong>y can expect to receive nothing.Since amending <strong>the</strong> statute to give <strong>the</strong> Coast Guardadditional authority in <strong>the</strong> matter <strong>of</strong> logbooks falls toCongress, I will fur<strong>the</strong>r direct <strong>the</strong>se comments in thatdirection. I will submit a Freedom <strong>of</strong> Information Actrequest to Jim Wilson to obtain copies <strong>of</strong> all subsequentdecisions and orders in this case as <strong>the</strong>y are issued.Very truly yours,Richard A. Block<strong>Master</strong> #1014425, Issue #8Secretary, Gulf Coast Mariners <strong>Assoc</strong>iationCc: Jim Wilson, Esq, (For <strong>the</strong> Coast Guard)Michael G. Helm, Esq. (Attorney for <strong>the</strong> respondent.)[Find Enclosure #1, mentioned on Page 7 on <strong>the</strong> nextpage]10 February 2007
11 February 2007