1992—Pub. L. 102–587, title V, §5213(b), Nov. 4, 1992, 106 Stat. 5077, added item 12123.
Pub. L. 102–388, title III, §348(c)(2), Oct. 6, 1992, 106 Stat. 1554, added item 12123.
1990—Pub. L. 101–595, title VI, §603(8), Nov. 16, 1990, 104 Stat. 2993, which directed the amendment of the chapter analysis of title 46 was executed to the chapter analysis of this chapter to reflect the probable intent of Congress by striking out items 12113 “Ports of documentation”, 12114 “Home ports”, 12115 “Names of vessels”, 12116 “Numbers, signal letters, and identification markings”, 12118 “Registration of funnel marks and house flags”, and 12121 “Regulations”.
1989—Pub. L. 101–225, title III, §301(a)(12), Dec. 12, 1989, 103 Stat. 1922, inserted “endorsements” in item 12105, substituted “endorsements” for “licenses and registry” in items 12106, 12107, and 12108, and substituted “endorsements” for “vessel licenses” in item 12109.
1988—Pub. L. 100–710, title I, §103(b), Nov. 23, 1988, 102 Stat. 4749, substituted “Surrender and invalidation” for “Invalidation” in item 12111.
Pub. L. 100–239, §3(1), Jan. 11, 1988, 101 Stat. 1778, substituted “Definitions and related” for “Related” in item 12101.
1985—Pub. L. 99–36, §1(a)(7)(A), May 15, 1985, 99 Stat. 67, substituted “Recreational” for “Pleasure” in item 12109.
This chapter is referred to in sections 2101, 14301, 14304, 14501, 14504, 30101, 31322, 31325, 31329 of this title; sections 146, 292, 808a, 1903 of Appendix to this title; title 15 section 1175; title 16 sections 1802, 2432, 5502; title 19 sections 128, 131, 1441; title 40 section 484d.
1 So in original. Two sections “12123” have been enacted.
(a) In this chapter—
(1) “fisheries” includes processing, storing, transporting (except in foreign commerce), planting, cultivating, catching, taking, or harvesting fish, shellfish, marine animals, pearls, shells, or marine vegetation in the navigable waters of the United States or in the exclusive economic zone.
(2) “rebuilt” has the same meaning as in the second proviso of section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883).
(b) When used in a law, regulation, document, ruling, or other official act referring to the documentation of a vessel—
(1) “certificate of registry”, “register”, and “registry” mean a registry endorsement as provided in section 12105 of this title.
(2) “license”, “enrollment and license”, “license for the coastwise (or coasting) trade”, and “enrollment and license for the coastwise (or coasting) trade” mean a coastwise endorsement as provided in section 12106 of this title.
(3) “enrollment and license to engage in the foreign and coastwise (or coasting) trade on the northern, northeastern, and northwestern frontiers, otherwise than by sea” means a Great Lakes endorsement as provided in section 12107 of this title.
(4) “yacht” means a recreational vessel even if not documented.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 98–364, title IV, §402(16), July 17, 1984, 98 Stat. 450; Pub. L. 99–36, §1(a)(7)(B), May 15, 1985, 99 Stat. 67; Pub. L. 100–239, §3(2), (3), Jan. 11, 1988, 101 Stat. 1778; Pub. L. 101–225, title III, §301(a)(1), Dec. 12, 1989, 103 Stat. 1920.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 12101 | 46:65w |
Section 12101 defines the types of certificates of documentation that are used in this chapter, and in other laws, regulations, document rulings or other official acts referring to the documentation of a vessel.
1989—Subsec. (b)(1). Pub. L. 101–225, §301(a)(1)(A), substituted “registry endorsement as” for “registry as”.
Subsec. (b)(2). Pub. L. 101–225, §301(a)(1)(B), substituted “coastwise endorsement” for “coastwise license”.
Subsec. (b)(3). Pub. L. 101–225, §301(a)(1)(C), substituted “Great Lakes endorsement” for “Great Lakes license”.
Subsec. (b)(4), (5). Pub. L. 101–225, §301(a)(1)(D), (E), redesignated par. (5) as (4) and struck out former par. (4) which defined “license for the fisheries” and “enrollment and license for the fisheries” as meaning a fishery license as provided in section 12108 of this title.
1988—Pub. L. 100–239 substituted “Definitions and related” for “Related” in section catchline, added subsec. (a), designated existing provisions as subsec. (b), and struck out par. (6) which read as follows: “ ‘fisheries’ includes planting, cultivating, catching, taking, or harvesting fish, shellfish, marine animals, pearls, shells, or marine vegetation in the navigable waters of the United States or in the fishery conservation zone established by section 101 of the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C. 1811).”
1985—Par. (5). Pub. L. 99–36 substituted “recreational” for “pleasure”.
1984—Par. (6). Pub. L. 98–364 added par. (6).
Section 309 of Pub. L. 101–225 provided that:
“(a)
“(b)
“(1) The amendments made by section 1(a)(2) [probably means section 301(a)(2) of Pub. L. 101–225, which amended section 12102 of this title] take effect January 1, 1989, except that the amendment made by subparagraph (A) of such section does not apply to a vessel titled in a State until one year after the Secretary of Transportation prescribes guidelines for a titling system under section 13106(b)(8) of title 46, United States Code.
“(2) The amendments made by section 1(a)(3) [probably means section 301(a)(3) of Pub. L. 101–225, which amended section 12103 of this title] take effect on the 180th day after the date of the enactment of this Act.”
(a) A vessel of at least 5 net tons that is not registered under the laws of a foreign country or is not titled in a State is eligible for documentation if the vessel is owned by—
(1) an individual who is a citizen of the United States;
(2) an association, trust, joint venture, or other entity—
(A) all of whose members are citizens of the United States; and
(B) that is capable of holding title to a vessel under the laws of the United States or of a State;
(3) a partnership whose general partners are citizens of the United States, and the controlling interest in the partnership is owned by citizens of the United States;
(4) a corporation established under the laws of the United States or of a State, whose president or other chief executive officer and chairman of its board of directors are citizens of the United States and no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum;
(5) the United States Government; or
(6) the government of a State.
(b) A vessel is eligible for documentation only if it has been measured under part J of this subtitle. However, the Secretary of Transportation may issue a temporary certificate of documentation for a vessel before it is measured.
(c)(1) A vessel owned by a corporation is not eligible for a fishery endorsement under section 12108 of this title unless the controlling interest (as measured by a majority of voting shares in that corporation) is owned by individuals who are citizens of the United States. However, if the corporation is owned in whole or in part by other United States corporations, the controlling interest in those corporations, in the aggregate, must be owned by individuals who are citizens of the United States.
(2) The Secretary shall apply the restrictions on controlling interest in section 2(b) of the Shipping Act, 1916 (46 App. U.S.C. 802(b)) when applying this subsection.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 99–509, title V, §5102(b)(6), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100–239, §7(a), Jan. 11, 1988, 101 Stat. 1782; Pub. L. 100–710, title I, §104(a)(4), (5), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, §301(a)(2), Dec. 12, 1989, 103 Stat. 1920.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 12102 | 46:65b |
Section 12102 provides that vessels of at least five net tons, not registered under the laws of a foreign nation, are eligible for documentation if certain ownership requirements are met, and lists the ownership requirements.
1989—Subsec. (a). Pub. L. 101–225, §301(a)(2)(A), inserted “that is” before “not” and “or is not titled in a State” after “foreign country”.
Subsecs. (b), (c). Pub. L. 101–225, §301(a)(2)(B)–(D), redesignated former subsec. (b), relating to eligibility of a vessel owned by a corporation for a fishery license, as (c), substituted “fishery endorsement” for “fishery license” in par. (1), and struck out former subsec. (c) which provided that a vessel titled in a State was eligible for documentation only if the State certificate of title was surrendered.
1988—Pub. L. 100–710 directed insertion of “of Transportation” after “Secretary” in subsec. (b), which was executed by making insertion in subsec. (b) relating to eligibility of a vessel for documentation after having been measured under part J, as probable intent of Congress, and added subsec. (c).
Pub. L. 100–239, §7(a), directed that “(a)” be inserted before “A vessel”, which was not executed because of a similar amendment by Pub. L. 99–509, and added at end subsec. (b) relating to eligibility of a vessel owned by a corporation for a fishery license under section 12108 of this title.
1986—Pub. L. 99–509 designated existing provisions as subsec. (a) and added subsec. (b) relating to eligibility of a vessel for documentation after having been measured under part J.
Amendments by section 301(a)(2) of Pub. L. 101–225 effective Jan. 1, 1989, except that amendment by section 301(a)(2)(A) inapplicable to a vessel titled in a State until one year after the Secretary of Transportation prescribes guidelines for a titling system under section 13106(b)(8) of this title, see section 309(b)(1) of Pub. L. 101–225, set out as a note under section 12101 of this title.
Amendment by Pub. L. 100–710 effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as an Effective Date note under section 30101 of this title.
Citizen of the United States to include an alien lawfully admitted for permanent residence, for purposes of applying this section to vessels operating in waters off the coast of California, subject to United States jurisdiction, see section 317 of Pub. L. 101–595, set out as a note under section 8103 of this title.
Section 7(b) of Pub. L. 100–239 provided that: “Section 12102(b) of title 46, United States Code (as enacted by subsection (a) of this section) applies to vessels issued a fishery license after July 28, 1987. However, that section does not apply if before that date the vessel—
“(1) was documented under chapter 121 of title 46 and operating as a fishing, fish processing, or fish tender vessel in the navigable waters of the United States or the Exclusive Economic Zone; or
“(2) was contracted for purchase for use as a fishing, fish tender, or fish processing vessel in the navigable waters of the United States or the Exclusive Economic Zone, if the purchase is shown by the contract or similarly reliable evidence acceptable to the Secretary to have been made for the purpose of using the vessel in the fisheries.”
Pub. L. 100–111, Aug. 20, 1987, 101 Stat. 733, as amended by Pub. L. 100–151, §2, Nov. 3, 1987, 101 Stat. 884, provided: “That notwithstanding chapter 121 of title 46 of the United States Code, the Secretary of the department in which the Coast Guard is operating may not document a foreign-built vessel for which an application for documentation was submitted after July 20, 1987, for use as a fish processing vessel as defined in section 2101(11b) of title 46, United States Code. This prohibition is effective until November 15, 1987. The Secretary may issue regulations to obtain information about the intended use of a vessel for which an application for documentation has been submitted to prevent the documentation of a foreign-built fish processing vessel.”
This section is referred to in sections 12106, 12112, 31329 of this title.
(a) Except as provided in section 12123 of this title, on application by the owner of a vessel eligible for documentation, the Secretary of Transportation shall issue a certificate of documentation endorsed with one or more of the endorsements specified in sections 12105–12109 of this title.
(b)(1) The Secretary may prescribe the form of, the manner of filing, and the information to be contained in, applications for certificates of documentation.
(2) The Secretary shall require each person applying to document a vessel to provide—
(A) the person's social security number; or
(B) for a person other than an individual—
(i) the person's taxpayer identification number; or
(ii) if the person does not have a taxpayer identification number, the social security number of an individual who is a corporate officer, general partner, or individual trustee of the person and who signs the application for documentation for the vessels.
(c) Each certificate of documentation shall—
(1) identify and describe the vessel;
(2) identify the owner of the vessel; and
(3) contain additional information prescribed by the Secretary.
(d) The Secretary shall prescribe procedures to ensure the integrity of, and the accuracy of information contained in, certificates of documentation.
(e) The owner and master of a documented vessel shall make the vessel's certificate of documentation available for examination as the law or Secretary may require.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 100–710, title I, §104(a)(4), (6), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, §301(a)(3), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 102–388, title III, §348(c)(1), Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102–587, title V, §5213(a)(1), Nov. 4, 1992, 106 Stat. 5077.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 12103 | 46:65e |
Section 12103 provides that a certificate of documentation shall be issued upon application by the owner of any vessel eligible for documentation on the form and in the manner prescribed by the Secretary and that it shall be available for examination. This section also provides that each certificate of documentation shall contain the name, the home port, the description of the vessel, identity of its owner, and be in the form and contain the additional information that the Secretary prescribes. The Secretary shall, by regulation, prescribe procedures to ensure the integrity of, and the accuracy of, information contained in, certificates of documentation.
1992—Subsec. (a). Pub. L. 102–388 and Pub. L. 102–587 amended subsec. (a) identically, substituting “Except as provided in section 12123 of this title, on” for “On”.
1989—Subsec. (a). Pub. L. 101–225, §301(a)(3)(A), substituted “endorsed with one or more of the endorsements” for “of one of the types”.
Subsec. (b). Pub. L. 101–225, §301(a)(3)(B), designated existing provisions as par. (1) and added par. (2).
1988—Subsec. (a). Pub. L. 100–710, §104(a)(4), inserted “of Transportation” after “Secretary”.
Subsec. (c)(1). Pub. L. 100–710, §104(a)(6), in amending par. (1) generally, substituted “identify and describe the vessel” for “contain the name, the home port, and a description of the vessel”.
Amendment by Pub. L. 101–225 effective on the 180th day after Dec. 12, 1989, see section 309(b)(2) of Pub. L. 101–225, set out as a note under section 12101 of this title.
Amendment by Pub. L. 100–710 effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as an Effective Date note under section 30101 of this title.
A certificate of documentation is—
(1) conclusive evidence of nationality for international purposes, but not in a proceeding conducted under the laws of the United States;
(2) except for a recreational endorsement, conclusive evidence of qualification to be employed in a specified trade; and
(3) not conclusive evidence of ownership in a proceeding in which ownership is in issue.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 586; Pub. L. 99–36, §1(a)(7)(B), May 15, 1985, 99 Stat. 67; Pub. L. 101–225, title III, §301(a)(4), Dec. 12, 1989, 103 Stat. 1920.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 12104 | 46:65g |
Section 12104 provides that a certificate of documentation is conclusive evidence of nationality but not conclusive evidence of ownership in any proceeding in which ownership is an issue.
1989—Par. (2). Pub. L. 101–225 substituted “endorsement” for “vessel license”.
1985—Par. (2). Pub. L. 99–36 substituted “recreational” for “pleasure”.
(a) A certificate of documentation may be endorsed with a registry endorsement.
(b) A vessel for which a registry endorsement is issued may be employed in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 586; Pub. L. 100–710, title I, §104(a)(4), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, §301(a)(5), Dec. 12, 1989, 103 Stat. 1920.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 12105 | 46:65h |
Section 12105 authorizes the Secretary to issue a vessel a registry entitling it to be employed in the foreign trade, and to issue special endorsements for the coastwise trade, the Great Lakes trade or the fisheries. It also prohibits foreign built vessels from engaging in United States domestic trades.
1989—Pub. L. 101–225, §301(a)(5)(D), inserted “endorsements” after “Registry” in section catchline.
Subsec. (a). Pub. L. 101–225, §301(a)(5)(A), amended subsec. (a) generally, substituting “certificate of documentation may be endorsed with a registry endorsement” for “registry may be issued for a vessel eligible for documentation”.
Subsec. (b). Pub. L. 101–225, §301(a)(5)(B), inserted “endorsement” after “registry”.
Subsecs. (c), (d). Pub. L. 101–225, §301(a)(5)(C), struck out subsecs. (c) and (d) which read as follows:
“(c) On application of the owner of a vessel that qualifies for a coastwise license under section 12106 of this title, a Great Lakes license under section 12107 of this title, or a fishery license under section 12108 of this title, the Secretary of Transportation may issue a registry appropriately endorsed authorizing the vessel to be employed in the coastwise trade, the Great Lakes trade, or the fisheries, as the case may be.
“(d) Except as provided in sections 12106–12108 of this title, a foreign built vessel registered under this section may not engage in the coastwise trade, the Great Lakes trade, or the fisheries.”
1988—Subsec. (c). Pub. L. 100–710 inserted “of Transportation” after “Secretary”.
Amendment by Pub. L. 100–710 effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as an Effective Date note under section 30101 of this title.
Pub. L. 100–239, §6(b), Jan. 11, 1988, 101 Stat. 1782, provided that: “Notwithstanding the requirements of chapter 121 of title 46, United States Code, a vessel for which a coastwise, Great Lakes, or fishery license, or an appropriately endorsed registry, was issued before July 28, 1987, may continue to be employed in the specified trades for which it was qualified at the time the license or registry was issued for one year from date of enactment [Jan. 11, 1988] or until the certificate of documentation is renewed, whichever comes later. On renewal, the owner or master of a documented vessel shall make the vessel's certificate of documentation available as the law or Secretary may require for replacement with an appropriately endorsed certificate.”
This section is referred to in sections 12101, 12103 of this title.
(a) A certificate of documentation may be endorsed with a coastwise endorsement for a vessel that—
(1) is eligible for documentation;
(2)(A) was built in the United States; or
(B) if not built in the United States, was captured in war by citizens of the United States and lawfully condemned as prize, was adjudged to be forfeited for a breach of the laws of the United States, or qualified for documentation under section 4136 of the Revised Statutes (46 App. U.S.C. 14); and
(3) otherwise qualifies under laws of the United States to be employed in the coastwise trade.
(b) Subject to the laws of the United States regulating the coastwise trade, only a vessel for which a certificate of documentation with a coastwise endorsement is issued may be employed in the coastwise trade.
(c) A coastwise endorsement to engage in the coastwise trade of fisheries products between places in Guam, American Samoa, and the Northern Mariana Islands may be issued for a vessel that—
(1) is less than two hundred gross tons;
(2) was not built in the United States;
(3) is eligible for documentation; and
(4) otherwise qualifies under the laws of the United States to be employed in the coastwide trade.
(d)(1) A vessel may be issued a certificate of documentation with a coastwise endorsement if—
(A) the vessel is owned by a not-for-profit oil spill response cooperative or by members of such a cooperative who dedicate the vessel to use by the cooperative;
(B) the vessel is at least 50 percent owned by persons or entities described in section 12102(a) of this title;
(C) the vessel otherwise qualifies under section 12106 to be employed in the coastwise trade; and
(D) use of the vessel is restricted to—
(i) the deployment of equipment, supplies, and personnel to recover, contain, or transport oil discharged into the navigable waters of the United States, or within the Exclusive Economic Zone, or
(ii) for training exercises to prepare to respond to such a discharge.
(2) For purposes of the first proviso of section 27 of the Merchant Marine Act, 1920, section 2 of the Shipping Act of 1916, and section 12102(a) of this title, a vessel meeting the criteria of this subsection shall be considered to be owned exclusively by citizens of the United States.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 586; Pub. L. 98–454, title III, §301(b), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 100–239, §6(a)(2), (3), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 101–225, title III, §301(a)(6), Dec. 12, 1989, 103 Stat. 1921; Pub. L. 101–380, title IV, §4205, Aug. 18, 1990, 104 Stat. 533.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 12106 | 46:65i |
Section 12106 provides for the issuance of a certificate of documentation in the form of a coastwise license or an appropriately endorsed registry for any vessel that is eligible for documentation, is built in the United States, and qualifies under the laws of the United States to be employed in the coastwise trade. It also provides for the documentation of certain vessels captured during war that have not been built in the United States.
Section 27 of the Merchant Marine Act, 1920, referred to in subsec. (d)(2), is classified to section 883 of the Appendix to this title.
Section 2 of the Shipping Act of 1916, referred to in subsec. (d)(2), is classified to sections 802 and 803 of the Appendix to this title.
1990—Subsec. (d). Pub. L. 101–380 added subsec. (d).
1989—Pub. L. 101–225, §301(a)(6)(E), substituted “endorsements” for “licenses and registry” in section catchline.
Subsec. (a). Pub. L. 101–225, §301(a)(6)(A), substituted “certificate of documentation may be endorsed with a coastwise endorsement” for “coastwise license or, as provided in section 12105(c) of this title, an appropriately endorsed registry, may be issued”.
Subsec. (b). Pub. L. 101–225, §301(a)(6)(B), substituted “certificate of documentation with a coastwise endorsement” for “coastwise license or an appropriately endorsed registry”.
Subsec. (c). Pub. L. 101–225, §301(a)(6)(C), substituted “endorsement” for “license”.
Subsec. (d). Pub. L. 101–225, §301(a)(6)(D), struck out subsec. (d) which read as follows: “On application of the owner of a vessel that qualifies for a Great Lakes license under section 12107 or a fishery license under section 12108 of this title, the Secretary may issue an endorsement authorizing the vessel to be employed in the Great Lakes trade or fisheries, as the case may be.”
1988—Subsec. (b). Pub. L. 100–239, §6(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Subject to the laws of the United States regulating the coastwise trade and the fisheries, only a vessel for which a coastwise license or an appropriately endorsed registry is issued may be employed in—
“(1) the coastwise trade; and
“(2) the fisheries.”
Subsec. (d). Pub. L. 100–239, §6(a)(3), added subsec. (d).
1984—Subsec. (c). Pub. L. 98–454 added subsec. (c).
Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
Section 303 of Pub. L. 98–454 provided that: “The weight limitations contained in subsections (b) and (c) of section 301 above [amending sections 12106 and 12108 of this title] shall not apply to the Northern Mariana Islands until the termination of the Trusteeship Agreement for the Trust Territory of the Pacific Islands (61 Stat. 3301).” [For termination of Trusteeship Agreement for Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.]
This section is referred to in sections 12101, 12103, 14305 of this title; section 316 of Appendix to this title.
(a) A certificate of documentation may be endorsed with a Great Lakes endorsement for a vessel that—
(1) is eligible for documentation;
(2)(A) was built in the United States; or
(B) if not built in the United States, was captured in war by citizens of the United States and lawfully condemned as prize, was adjudged to be forfeited for a breach of the laws of the United States, or qualified for documentation under section 4136 of the Revised Statutes (46 App. U.S.C. 14); and
(3) otherwise qualifies under the laws of the United States to be employed in the coastwise trade.
(b) Subject to the laws of the United States regulating trade with Canada, only a vessel for which a certificate of documentation with a Great Lakes endorsement is issued may be employed on the Great Lakes and their tributary and connecting waters in trade with Canada.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 587; Pub. L. 100–239, §6(a)(4), (5), Jan. 11, 1988, 101 Stat. 1782; Pub. L. 101–225, title III, §301(a)(7), Dec. 12, 1989, 103 Stat. 1921.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 12107 | 46:65j |
Section 12107 provides that a certificate of documentation in the form of a Great Lakes license or an appropriately endorsed registry may be issued for any vessel that is eligible for documentation, was built in the United States, and qualifies under the laws of the United States to be employed in the coastwise trade. It also provides for the documentation of certain vessels captured in war that have not been built in the United States.
1989—Pub. L. 101–225, §301(a)(7)(D), substituted “endorsements” for “licenses and registry” in section catchline.
Subsec. (a). Pub. L. 101–225, §301(a)(7)(A), which directed amendment of subsec. (a) by substituting “A certificate of documentation may be endorsed with a Great Lakes endorsement” for “A Great Lakes license, or as provided in section 12105(c) of this title, an appropriately endorsed registry, may be issued”, was executed by making the substitution for “A Great Lakes license or, as provided in section 12105(c) of this title, an appropriately endorsed registry, may be issued” as the probable intent of Congress.
Subsec. (b). Pub. L. 101–225, §301(a)(7)(B), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Subject to the laws of the United States regulating the coastwise trade, trade with Canada, and the fisheries, only a vessel for which a Great Lakes license or an appropriately endorsed registry is issued may be employed on the Great Lakes and their tributary and connecting waters in—
“(1) the coastwise trade; and
“(2) trade with Canada.”
Subsec. (c). Pub. L. 101–225, §301(a)(7)(C), struck out subsec. (c) which read as follows: “On application of the owner of a vessel that qualifies for a coastwise license under section 12106 or a fishery license under section 12108 of this title, the Secretary may issue an endorsement authorizing the vessel to be employed in the coastwise trade or the fisheries, as the case may be.”
1988—Subsec. (b)(3). Pub. L. 100–239, §6(a)(4), struck out par. (3) which read “the fisheries.”
Subsec. (c). Pub. L. 100–239, §6(a)(5), added subsec. (c).
This section is referred to in sections 12101, 12103 of this title; section 316 of Appendix to this title.
(a) A certificate of documentation may be endorsed with a fishery endorsement for a vessel that—
(1) is eligible for documentation;
(2)(A) was built in the United States; or
(B) if not built in the United States, was captured in war by citizens of the United States and lawfully condemned as prize, was adjudged to be forfeited for a breach of the laws of the United States, or qualified for documentation under section 4136 of the Revised Statutes (46 App. U.S.C. 14);
(3) if rebuilt, was rebuilt in the United States; and
(4) otherwise qualifies under the laws of the United States to be employed in the fisheries.
(b) Subject to the laws of the United States regulating the fisheries, only a vessel for which a certificate of documentation with a fishery endorsement is issued may be employed in the fisheries.
(c) A fishery endorsement to engage in fishing in the territorial sea and fishery conservation zone adjacent to Guam, American Samoa, and the Northern Mariana Islands may be issued to a vessel that—
(1) is less than two hundred gross tons;
(2) was not built or rebuilt in the United States;
(3) is eligible for documentation; and
(4) otherwise qualifies under the laws of the United States to be employed in the fisheries.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 587; Pub. L. 98–454, title III, §301(c), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 100–239, §§3(4), (5), 6(a)(6), Jan. 11, 1988, 101 Stat. 1779, 1782; Pub. L. 101–225, title III, §301(a)(8), Dec. 12, 1989, 103 Stat. 1921.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 12108 | 46:65k |
Section 12108 provides that a certificate of documentation in the form of a fishery license or an appropriately endorsed registry may be issued for any vessel that is eligible for documentation, was built in the United States, and qualifies under the laws of the United States to be employed in the fisheries. It also provides for the documentation of certain vessels captured in war that have not been built in the United States.
1989—Pub. L. 101–225, §301(a)(8)(F), substituted “endorsements” for “licenses and registry” in section catchline.
Subsec. (a). Pub. L. 101–225, §301(a)(8)(A), (B), in introductory provisions substituted “certificate of documentation may be endorsed with a fishery endorsement” for “fishery license or, as provided in section 12105(c) of this title, an appropriately endorsed registry, may be issued” and in par. (1) struck out “and” after semicolon.
Subsec. (b). Pub. L. 101–225, §301(a)(8)(C), substituted “certificate of documentation with a fishery endorsement” for “fishery license or an appropriately endorsed registry”.
Subsec. (c). Pub. L. 101–225, §301(a)(8)(D), which directed substitution of “endorsement” for “license” in subsec. (C), was executed by making substitution in subsec. (c) as the probable intent of Congress.
Subsec. (d). Pub. L. 101–225, §301(a)(8)(E), struck out subsec. (d) which read as follows: “On application of the owner of a vessel that qualifies for a coastwise license under section 12106 or a Great Lakes license under section 12107 of this title, the Secretary may issue an endorsement authorizing the vessel to be employed in the coastwise trade or the Great Lakes trade, as the case may be.”
1988—Subsec. (a)(3), (4). Pub. L. 100–239, §3(4), added par. (3) and redesignated former par. (3) as (4).
Subsec. (c)(2). Pub. L. 100–239, §3(5), substituted “built or rebuilt” for “built”.
Subsec. (d). Pub. L. 100–239, §6(a)(6), added subsec. (d).
1984—Subsec. (c). Pub. L. 98–454 added subsec. (c).
Section 4 of Pub. L. 100–239, as amended by Pub. L. 101–225, title III, §310, Dec. 12, 1989, 103 Stat. 1926, provided that:
“(a) Notwithstanding the requirements of section 12108(a)(2) and (3) of title 46, United States Code, a fishery license may be issued to a vessel that before July 28, 1987—
“(1)(A) was documented under chapter 121 of that title; and
“(B) was operated as a fish processing or fish tender vessel in the navigable waters of the United States or the exclusive economic zone;
“(2) was a fish tender or fish processing vessel contracted to be purchased by a citizen of the United States, if the purchase is shown by contract or similarly reliable evidence acceptable to the Secretary to have been made for the purpose of using the vessel as a fish tender or fish processing vessel in the fisheries;
“(3) was documented under chapter 121 of that title and—
“(A) was rebuilt in a foreign country; or
“(B) is subsequently rebuilt in the United States for use as a fish processing vessel; or
“(4) was built in the United States and—
“(A) is rebuilt in a foreign country under a contract entered into before 6 months after the date of enactment of this Act [Jan. 11, 1988], and was purchased or contracted to be purchased before July 28, 1987 with the intent that the vessel be used in the fisheries, if that intent is evidenced by—
“(i) the contract itself; or
“(ii) a ruling letter by the Coast Guard before July 29, 1987 under 46 C.F.R. §67.21–1 or §67.27–3 pursuant to a ruling request evidencing that intent; or
“(B) is purchased for use as a fish processing vessel under a contract entered into after July 27, 1987, if—
“(i) a contract to rebuild the vessel for use as a fish processing vessel was entered into before September 1, 1987; and
“(ii) that vessel is part of a specific business plan involving the conversion in foreign shipyards of a series of three vessels and rebuilding work on at least one of the vessels had begun before July 28, 1987.
“(b) A vessel rebuilt under subsection (a)(3)(B) or (4) of this section must be redelivered to the owner before July 28, 1990. However, the Secretary may, on proof of circumstances beyond the control of the owner of a vessel affected by this section, extend the period for rebuilding in a foreign country permitted by this section.
“(c)(1) Any fishery license or registry issued to a vessel built in a foreign country under this section shall be endorsed to restrict the vessel from catching, taking, or harvesting.
“(2) Before being issued a fishery license, any vessel described in subsection (a)(2) of this section must be documented under an application for documentation acceptable to the Secretary filed before July 28, 1987, except that an alternative vessel of no greater tonnage than the vessel in the application may be substituted, if that substitution is made by the original applicant.”
Section 6(c)(3) of Pub. L. 100–239 provided that: “The Secretary, on proof of circumstances beyond the control of the owner of a vessel affected by this section [amending sections 2101, 12106, 12107, and 12108 of this title and section 883 of the Appendix to this title, and enacting notes set out under sections 12105 and 12108 of this title and section 883 of the Appendix to this title], may extend the period for rebuilding in a foreign country permitted by this section.”
Section 6(d) of Pub. L. 100–239 provided that: “The terms in this Act [see Short Title of 1988 Amendment note set out under section 2101 of this title] have the same meaning as in subtitle II of title 46, United States Code (as amended by this Act).”
For provisions directing that weight limitations contained in subsec. (c) of this section shall not apply to the Northern Mariana Islands until the termination of the Trusteeship Agreement for the Trust Territory of the Pacific Islands, see section 303 of Pub. L. 98–454, set out as a note under section 12106 of this title.
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.
This section is referred to in sections 12102, 12103, 14305 of this title; title 16 section 973g.
(a) A certificate of documentation with a recreational endorsement may be issued for a vessel that is eligible for documentation.
(b) A documented vessel with a recreational endorsement may proceed between a port of the United States and a port of a foreign country without entering or clearing with the Customs Service. A recreational vessel must, however, comply with all customs requirements for reporting arrival under section 433 of the Tariff Act of 1930 (19 U.S.C. 1433) and all persons on board that recreational vessel shall be subject to all applicable customs regulations.
(c) A documented vessel operating under a recreational endorsement may be operated only for pleasure.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 587; Pub. L. 99–36, §1(a)(7)(C), May 15, 1985, 99 Stat. 67; Pub. L. 99–570, title III, §3151, Oct. 27, 1986, 100 Stat. 3207–94; Pub. L. 100–710, title I, §106(b)(5), Nov. 23, 1988, 102 Stat. 4752; Pub. L. 101–225, title III, §301(a)(9), Dec. 12, 1989, 103 Stat. 1921; Pub. L. 101–595, title VI, §603(9), Nov. 16, 1990, 104 Stat. 2993.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 12109 | 46:65l |
Section 12109 provides that a certificate of documentation in the form of a pleasure vessel license may be issued for any vessel that is eligible for documentation and is to be used exclusively for pleasure. This section also authorizes the Secretary to charge a reasonable fee for issuing, reviewing, or replacing a pleasure vessel license or for providing any other related service.
1990—Subsec. (b). Pub. L. 101–595 substituted “on board that recreational vessel” for “aboard such a pleasure vessel”.
1989—Pub. L. 101–225, §301(a)(9)(D), substituted “endorsements” for “vessel licenses” in section catchline.
Subsec. (a). Pub. L. 101–225, §301(a)(9)(A), added subsec. (a) and struck out former subsec. (a) which read as follows: “A recreational vessel license may be issued for a vessel that is—
“(1) eligible for documentation; and
“(2) to be operated only for pleasure.”
Subsec. (b). Pub. L. 101–225, §301(a)(9)(B), substituted “documented vessel with a recreational endorsement” for “licensed recreational vessel” and “A recreational” for “Such”.
Subsec. (c). Pub. L. 101–225, §301(a)(9)(C), added subsec. (c).
1988—Subsec. (c). Pub. L. 100–710 struck out subsec. (c) which read as follows: “The Secretary may prescribe by regulation reasonable fees for issuing, renewing, or replacing a recreational vessel license, or for providing any other service related to a recreational vessel license. The fees shall be based on the costs of the service provided.”
1986—Subsec. (b). Pub. L. 99–570 inserted “Such vessel must, however, comply with all customs requirements for reporting arrival under section 433 of the Tariff Act of 1930 (19 U.S.C. 1433) and all persons aboard such a pleasure vessel shall be subject to all applicable customs regulations.”
1985—Pub. L. 99–36 substituted “Recreational” and “recreational vessel” for “Pleasure” and “pleasure vessel”, respectively, in section catchline and wherever appearing in text.
Amendment by Pub. L. 100–710 effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as an Effective Date note under section 30101 of this title.
This section is referred to in section 12103 of this title.
(a) A vessel may not be employed in a trade except a trade covered by the endorsement issued for that vessel.
(b) A barge qualified to be employed in the coastwise trade may be employed, without being documented, in that trade on rivers, harbors, lakes (except the Great Lakes), canals, and inland waters.
(c) A vessel and its equipment are liable to seizure by and forfeiture to the United States Government—
(1) when a vessel is operated after its endorsement has been denied or revoked under section 12123 of this title;
(2) when a vessel is employed in a trade without an appropriate trade endorsement; or
(3) when a documented vessel with a recreational endorsement is operated other than for pleasure.
(d) A documented vessel may be placed under the command only of a citizen of the United States.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 99–36, §1(a)(7)(D), May 15, 1985, 99 Stat. 67; Pub. L. 100–710, title I, §104(a)(4), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, §301(a)(10), Dec. 12, 1989, 103 Stat. 1922; Pub. L. 102–388, title III, §348(b), Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102–587, title V, §5213(a)(2), Nov. 4, 1992, 106 Stat. 5077.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 12110 | 46:65m |
Section 12110 provides that a vessel is limited to the trade covered by its certificate of documentation; exempts certain barges from documentation; requires that the person in charge be a citizen of the United States; and provides for a penalty for violation.
1992—Subsec. (c). Pub. L. 102–587 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “When a vessel is operated after the Secretary has denied issuance or renewal of an endorsement or revoked the endorsement under section 12123 of this title and before the endorsement is reinstituted, or is employed in a trade for which an endorsement is required, without a certificate of documentation with an appropriate endorsement for that trade, or a documented vessel with a recreational endorsement is operated other than for pleasure, the vessel and its equipment are liable to seizure by and forfeiture to the United States Government.”
Pub. L. 102–388 substituted “When a vessel is operated after the Secretary has denied issuance or renewal of an endorsement or revoked the endorsement under section 12123 of this title and before the endorsement is reinstituted, or is employed in a trade for which an endorsement is required, without a certificate of documentation with an appropriate endorsement for that trade,” for “When a vessel is employed in a trade not covered by the endorsement issued for that vessel,”.
1989—Subsec.(a). Pub. L. 101–225, §301(a)(10)(A), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “A vessel may not be employed in a trade except a trade covered by the certificate of documentation issued for that vessel. A documented recreational vessel may be operated only for pleasure. However, a certificate of documentation may be exchanged, under regulations prescribed by the Secretary of Transportation, for another type of certificate of documentation or endorsed appropriately for a trade for which the vessel qualifies.”
Subsec. (c). Pub. L. 101–225, §301(a)(10)(B), substituted “endorsement” for “certificate of documentation”, “vessel with a recreational endorsement” for “recreational vessel”, and “other than” for “except”.
1988—Subsec. (a). Pub. L. 100–710 inserted “of Transportation” after “Secretary”.
1985—Subsecs. (a), (c). Pub. L. 99–36 substituted “documented recreational” for “documented pleasure”.
Amendment by Pub. L. 100–710 effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as an Effective Date note under section 30101 of this title.
Citizen of the United States to include an alien lawfully admitted for permanent residence, for purposes of applying this section to vessels operating in waters off the coast of California, subject to United States jurisdiction, see section 317 of Pub. L. 101–595, set out as a note under section 8103 of this title.
(a) A certificate of documentation is invalid if the vessel for which it is issued—
(1) no longer meets the requirements of this chapter and regulations prescribed under this chapter applicable to that certificate of documentation; or
(2) is placed under the command of a person not a citizen of the United States.
(b) An invalid certificate of documentation must be surrendered as provided by regulations prescribed by the Secretary of Transportation.
(c)(1) Notwithstanding subsection (a) of this section, until the certificate of documentation is surrendered with the approval of the Secretary, a documented vessel is deemed to continue to be documented under this chapter for purposes of—
(A) chapter 313 of this title for an instrument filed or recorded before the date of invalidation and an assignment after that date;
(B) sections 9 and 37(b) of the Shipping Act, 1916 (46 App. U.S.C. 808, 835(b));
(C) section 902 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1242); and
(D) any other law of the United States identified by the Secretary by regulation as a law to which the Secretary applies this subsection.
(2) This subsection does not apply when a vessel is forfeited or sold by order of a district court of the United States.
(3) The Secretary may approve the surrender of the certificate of documentation of a documented vessel covered by a mortgage filed or recorded under section 31321 of this title only if the mortgagee consents.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 100–710, title I, §103(a), Nov. 23, 1988, 102 Stat. 4749.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 12111 | 46:65o |
Under section 12111, a certificate of documentation becomes invalid if the vessel for which it is issued no longer meets the requirements for issuance of the certificate or is placed under the command of a person who is not a citizen of the United States. It also requires the surrender of invalid certificates but gives protection to preferred mortgages.
This amends section 12111 of title 46, United States Code, concerning surrendering and invalidation of certificates of documentation. This section clarifies the requirement that an invalid certificate of documentation must be surrendered to the Secretary. However, until the surrender is approved by the Secretary, the vessel is still a documented vessel for certain purposes such as for commercial instruments that have been recorded, foreign transfer restrictions, and requisitioning in time of war or national emergency. It also requires the Secretary to obtain the mortgagee's approval of the surrender if there is a mortgage on the vessel that has been filed or recorded with the Secretary.
Section 12111(c)(3) is changed to prohibit the approval of the surrendering of a certificate of documentation for any vessel with a mortgage filed or recorded with the Secretary, not just a vessel with a preferred mortgage.
1988—Pub. L. 100–710 substituted “Surrender and invalidation” for “Invalidation” in section catchline, added subsecs. (b) and (c), and struck out former subsec. (b) which read as follows: “Except as provided by section 30(O) of the Merchant Marine Act, 1920 (46 App. U.S.C. 961(a)), an invalid certificate of documentation shall be surrendered as provided by regulations prescribed by the Secretary.”
Amendment by Pub. L. 100–710 effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as an Effective Date note under section 30101 of this title.
Citizen of the United States to include an alien lawfully admitted for permanent residence, for purposes of applying this section to vessels operating in waters off the coast of California, subject to United States jurisdiction, see section 317 of Pub. L. 101–595, set out as a note under section 8103 of this title.
Pub. L. 101–225, title III, §301(b), Dec. 12, 1989, 103 Stat. 1922, provided that: “Section 12111(c)(3) of title 46, United States Code, does not apply to a mortgage that—
“(1) was filed or recorded before January 1, 1989; and
“(2) was not a preferred mortgage (as that term is defined in section 31301(6) of that title) on that date.”
(a) The Secretary of Transportation and the Secretary of State, acting jointly, may provide for the issuance of a certificate of documentation with an appropriate endorsement for a vessel procured outside the United States meeting the ownership requirements of section 12102 of this title.
(b) Subject to limitations the Secretary of Transportation may prescribe, a vessel for which a document is issued under this section may proceed to the United States and engage en route in the foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef. On the vessel's arrival in the United States, the document shall be surrendered as provided by regulations prescribed by the Secretary.
(c) A vessel for which a document is issued under this section is subject to the jursidiction 1 and laws of the United States. However, the Secretary of Transportation may suspend for a period of not more than 6 months, the application of a vessel inspection law carried out by the Secretary or regulations prescribed under that law if the Secretary considers the suspension to be in the public interest.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 100–710, title I, §104(a)(4), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, §301(a)(11), Dec. 12, 1989, 103 Stat. 1922.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 12112 | 46:65p |
Section 12112 authorizes the Secretary and the Secretary of State to provide for the issuance of an appropriate document for a vessel procured outside of the United States by a United States citizen. This enables the vessel to proceed directly to the United States and to trade en route, with the requirement that the document be surrendered upon the vessel's arrival in the United States. It also authorizes the Secretary to temporarily suspend application of those vessel inspection and measurement laws if the suspension is deemed to be in the public interest.
1989—Subsec. (a). Pub. L. 101–225, §301(a)(11)(A), substituted “a certificate of documentation with an appropriate endorsement” for “an appropriate document”.
Subsec. (b). Pub. L. 101–225, §301(a)(11)(B), substituted “a document” for “an appropriate document”.
1988—Pub. L. 100–710 inserted “of Transportation” after first reference to “Secretary” in subsecs. (a) to (c).
Amendment by Pub. L. 100–710 effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as an Effective Date note under section 30101 of this title.
1 So in original. Probably should be “jurisdiction”.
Section 12113, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 588, related to ports of documentation.
Section 12114, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589; Pub. L. 99–36, §1(a)(8), May 15, 1985, 99 Stat. 67, related to home ports.
Section 12115, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589, related to names of vessels.
Section 12116, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589, related to numbers, signal letters, and identification markings.
Repeal effective Jan. 1, 1989, with certain exceptions and qualifications, see section 106 of Pub. L. 100–710, set out as a Repeals and Savings Provisions note preceding section 2101 of this title and section 107 of Pub. L. 100–710, set out as an Effective Date note under section 30101 of this title.
The Secretary of Transportation may provide for the recording and certifying of information about vessels built in the United States that the Secretary considers to be in the public interest.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589; Pub. L. 100–710, title I, §104(a)(4), Nov. 23, 1988, 102 Stat. 4750.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 12117 | 46:65q |
Section 12117 authorizes the Secretary to provide for the recording and certifying of that information pertaining to vessels built in the United States that is considered to be in the public interest.
1988—Pub. L. 100–710 inserted “of Transportation” after first reference to “Secretary”.
Amendment by Pub. L. 100–710 effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as an Effective Date note under section 30101 of this title.
Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589, related to registration of funnel marks and house flags.
Repeal effective Jan. 1, 1989, with certain exceptions and qualifications, see section 106 of Pub. L. 100–710, set out as a Repeals and Savings Provisions note preceding section 2101 of this title and section 107 of Pub. L. 100–710, set out as an Effective Date note under section 30101 of this title.
The Secretary of Transportation shall publish periodically a list of all documented vessels and information about those vessels that the Secretary considers pertinent or useful. The list shall contain a notation clearly indicating all vessels classed by the American Bureau of Shipping.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589; Pub. L. 100–710, title I, §104(a)(4), Nov. 23, 1988, 102 Stat. 4750.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 12119 | 46:65s 46:881 |
Section 12119 requires the Secretary to publish a list of all documented vessels and pertinent and useful information about the vessels, including a notation of which vessels are classed by the American Bureau of Shipping.
1988—Pub. L. 100–710 inserted “of Transportation” after first reference to “Secretary”.
Amendment by Pub. L. 100–710 effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as an Effective Date note under section 30101 of this title.
To ensure compliance with this chapter and laws governing the qualifications of vessels to engage in the coastwise trade and the fisheries, the Secretary of Transportation may require owners and masters of documented vessels to submit reports in any reasonable form and manner the Secretary may prescribe.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589; Pub. L. 100–710, title I, §104(a)(4), Nov. 23, 1988, 102 Stat. 4750.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 12120 | 46:65t |
Section 12120 authorizes the Secretary to require masters and owners of documented vessels to submit reports to ensure compliance with this chapter and with the laws governing the qualifications required of vessels engaging in the coastwise trade and fisheries. These reports are for keeping the vessel data current and certificates of documentation up to date.
1988—Pub. L. 100–710 inserted “of Transportation” after first reference to “Secretary”.
Amendment by Pub. L. 100–710 effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as an Effective Date note under section 30101 of this title.
Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589, authorized the Secretary to prescribe regulations to carry out this chapter.
Repeal effective Jan. 1, 1989, with certain exceptions and qualifications, see section 106 of Pub. L. 100–710, set out as a Repeals and Savings Provisions note preceding section 2101 of this title and section 107 of Pub. L. 100–710, set out as an Effective Date note under section 30101 of this title.
| Revised section | Source section (U.S. Code) |
|---|---|
| 12121 | 46:65v(2) |
Section 12121 gives the Secretary authority to prescribe regulations to carry out this chapter.
(a) A person that violates this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $500. Each day of continuing violation is a separate violation.
(b) When the owner of a vessel knowingly falsifies or conceals a material fact, or makes a false statement or representation about the documentation of the vessel, that vessel and its equipment are liable to seizure by and forfeiture to the United States Government.
(c) When a certificate of documentation is knowingly and fraudulently used for a vessel, that vessel and its equipment are liable to seizure by and forfeiture to the Government.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 590; Pub. L. 99–307, §1(16), May 19, 1986, 100 Stat. 446.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 12122(a) | 46:65u(a) |
| 12122(b) | 46:65n(a) |
| 12122(c) | 46:65n(b) |
Section 12122 provides a civil penalty of not more than $500 for each violation of this chapter. It also provides for seizure and forfeiture of a vessel for false statements or representations in connection with the documentation of vessels and for fraudulent use of a certificate of documentation.
1986—Subsec. (a). Pub. L. 99–307 inserted provision that each day of continuing violation is a separate violation.
The Secretary of Transportation is authorized to deny the issuance or renewal of a trade or recreational endorsement on a certificate of documentation issued under this chapter and to revoke such endorsement if that vessel's owner has not paid an assessment of a civil penalty after final agency action for a violation of law for which an assessment has been made by the Secretary.
(Added Pub. L. 102–388, title III, §348(a), Oct. 6, 1992, 106 Stat. 1554.)
This section is referred to in sections 12103, 12110 of this title.
1 Another section 12123 is set out after this section.
When the owner of a vessel fails to pay a civil penalty assessed by the Secretary, the Secretary may deny the issuance or renewal of an endorsement or revoke the endorsement on a certificate of documentation issued under this chapter.
(Added Pub. L. 102–587, title V, §5213(a)(3), Nov. 4, 1992, 106 Stat. 5077.)
This section is referred to in sections 12103, 12110 of this title.