Page:United States Statutes at Large Volume 97.djvu/597

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 565 Restricted record inspection. (4) the name and official number of the vessel; (5) the nature of the voyage (foreign, intercoastal, or coastwise); (6) the propulsion class of the vessel; (7) the date and place of engagement; (8) the date and place of discharge; and (9) the seaman's capacity on the voyage. 03) The certificate of discharge may not contain a reference about the character or ability of the seaman. The certificate shall be signed by the master, the seaman, and the shipping commissioner as witness. (c) A certificate of discharge may not be issued if the seaman holds a continuous discharge book. The entries shall be made in the discharge book in the same manner as the entries required by subsection (a) of this section. (d)(1) A record of each discharge shall be maintained by the Secretary in the manner and location prescribed by regulation. The records may not be open for general or public use or inspection. (2) A duplicate of a record of discharge shall be issued to a seaman at a cost prescribed by regulation. (e) This section does not apply to a fishing or whaling vessel or a yacht. § 10312. Settlements on discharge (a) When discharge and settlement are completed, the master or owner and each seaman shall sign the agreement required by section 10302 of this title in the presence of a shipping commis- sioner. The commissioner shall sign the agreement and retain a copy. When signed, it shall serve as a mutual release of all claims for wages for the voyage. (b) In a dispute about wages or deductions, if the parties agree in writing to submit the dispute to a shipping commissioner, the award made by the commissioner is conclusive in any subsequent legal proceeding. A document signed and sealed by a shipping commis- sioner purporting to be the award is prima facie evidence of the award. (c) In a proceeding before a shipping commissioner related to the wages, claims, or discharge of a seaman, the shipping commissioner may call on the owner, charterer, managing operator, agent, master, or a seaman to produce logbooks or other documents about a matter in question, and may summon before the commissioner and examine any person on the matter. An owner, charterer, managing operator. Civil penalty agent, master, or seaman failing on summons to produce a docu- ment in the possession or control of the owner, charterer, managing operator, agent, master, or seaman, or to give evidence, without reasonable cause, is liable to the United States Government for a civil penalty of $100. On application of the shipping commissioner, the owner, charterer, mane^ng operator, agent, master, or seaman may be punished by a district court of the United States as in other cases of contempt of court. (d) On request, a certified copy of an agreement may be provided to a party to the agreement and is admissible in evidence with the effect of the original in any subsequent proceeding. (e) When a seaman has been discharged before a shipping commis- sioner, only the agreement is evidence of the release or satisfaction of any claim. Disputed wages or deductions.

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