US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Part H. Chapter 121: Documentation of Vessels

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-CITE-

46 USC CHAPTER 121 - DOCUMENTATION OF VESSELS 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

CHAPTER 121 - DOCUMENTATION OF VESSELS

-MISC1-

Sec.

12101. Definitions and related terms in other laws.

12102. Vessels eligible for documentation.

12103. Certificates of documentation.

12103a. Issuance of temporary certificate of documentation by

third parties.

12104. Effect of documentation.

12105. Registry endorsements.

12106. Coastwise endorsements.

[12107. Repealed.]

12108. Fishery endorsements.

12109. Recreational endorsements.

12110. Limitations on operations authorized by certificates.

12111. Surrender and invalidation of certificates of

documentation.

12112. Vessels procured outside the United States.

[12113 to 12116. Repealed.]

12117. Recording of United States built vessels.

[12118. Repealed.]

12119. List of documented vessels.

12120. Reports.

[12121. Repealed.]

12122. Penalties.

12123. Denial and revocation of endorsements.

12124. Surrender of title and number.

AMENDMENTS

2002 - Pub. L. 107-295, title IV, Sec. 422(b)(2), Nov. 25, 2002,

116 Stat. 2125, added item 12103a.

1998 - Pub. L. 105-383, title IV, Sec. 401(b), Nov. 13, 1998, 112

Stat. 3425, added item 12124.

1996 - Pub. L. 104-324, title VII, Sec. 746(a)(2), title XI, Sec.

1115(b)(1), Oct. 19, 1996, 110 Stat. 3943, 3972, struck out item

12107 "Great Lakes endorsements" and struck out item 12123 "Denial

and revocation of endorsements" appearing first.

1992 - Pub. L. 102-587, title V, Sec. 5213(b), Nov. 4, 1992, 106

Stat. 5077, added item 12123.

Pub. L. 102-388, title III, Sec. 348(c)(2), Oct. 6, 1992, 106

Stat. 1554, added item 12123.

1990 - Pub. L. 101-595, title VI, Sec. 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, Sec. 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, Sec. 103(b), Nov. 23, 1988, 102

Stat. 4749, substituted "Surrender and invalidation" for

"Invalidation" in item 12111.

Pub. L. 100-239, Sec. 3(1), Jan. 11, 1988, 101 Stat. 1778,

substituted "Definitions and related" for "Related" in item 12101.

1985 - Pub. L. 99-36, Sec. 1(a)(7)(A), May 15, 1985, 99 Stat. 67,

substituted "Recreational" for "Pleasure" in item 12109.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2101, 3316, 3703a, 14301,

14304, 14501, 14504, 30101, 31322, 31325, 31329, 31343, 70108 of

this title; sections 146, 292, 808, 808a, 1187, 1187a, 1187c, 1903

of Appendix to this title; title 7 section 1638a; title 15 section

1175; title 16 sections 1802, 2432, 4714, 5502; title 19 sections

128, 131, 3203; title 40 section 558.

-End-

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46 USC Sec. 12101 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12101. Definitions and related terms in other laws

-STATUTE-

(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) Repealed. Pub. L. 104-324, title XI, Sec. 1115(b)(2), Oct.

19, 1996, 110 Stat. 3972.]

(4) "yacht" means a recreational vessel even if not documented.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 98-364, title

IV, Sec. 402(16), July 17, 1984, 98 Stat. 450; Pub. L. 99-36, Sec.

1(a)(7)(B), May 15, 1985, 99 Stat. 67; Pub. L. 100-239, Sec. 3(2),

(3), Jan. 11, 1988, 101 Stat. 1778; Pub. L. 101-225, title III,

Sec. 301(a)(1), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 104-324,

title XI, Sec. 1115(b)(2), Oct. 19, 1996, 110 Stat. 3972.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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12101 46:65w

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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.

AMENDMENTS

1996 - Subsec. (b)(3). Pub. L. 104-324 struck out par. (3) which

read as follows: " '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."

1989 - Subsec. (b)(1). Pub. L. 101-225, Sec. 301(a)(1)(A),

substituted "registry endorsement as" for "registry as".

Subsec. (b)(2). Pub. L. 101-225, Sec. 301(a)(1)(B), substituted

"coastwise endorsement" for "coastwise license".

Subsec. (b)(3). Pub. L. 101-225, Sec. 301(a)(1)(C), substituted

"Great Lakes endorsement" for "Great Lakes license".

Subsec. (b)(4), (5). Pub. L. 101-225, Sec. 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).

EFFECTIVE DATE OF 1989 AMENDMENT

Section 309 of Pub. L. 101-225 provided that:

"(a) In General. - Except as provided in subsection (b), the

amendments made by this Act [see Tables for classification] take

effect on the date of the enactment of this Act [Dec. 12, 1989].

"(b) Exceptions. -

"(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."

USE OF FOREIGN REGISTRY OIL SPILL RESPONSE VESSELS

Section 1117 of Pub. L. 104-324 provided that: "Notwithstanding

any other provision of law, an oil spill response vessel documented

under the laws of a foreign country may operate in waters of the

United States on an emergency and temporary basis, for the purpose

of recovering, transporting, and unloading in a United States port

oil discharged as a result of an oil spill in or near those waters,

if -

"(1) an adequate number and type of oil spill response vessels

documented under the laws of the United States cannot be engaged

to recover oil from an oil spill in or near those waters in a

timely manner, as determined by the Federal On-Scene Coordinator

for a discharge or threat of a discharge of oil; and

"(2) that foreign country has by its laws accorded to vessels

of the United States the same privileges accorded to vessels of

that foreign country under this section."

-End-

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46 USC Sec. 12102 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12102. Vessels eligible for documentation

-STATUTE-

(a) A vessel of at least 5 net tons that is not registered under

the laws of a foreign country 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 chief executive officer, by whatever

title, 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, partnership, association,

trust, joint venture, limited liability company, limited liability

partnership, or any other entity is not eligible for a fishery

endorsement under section 12108 of this title unless at least 75

per centum of the interest in such entity, at each tier of

ownership of such entity and in the aggregate, is owned and

controlled by citizens of the United States.

(2) The Secretary shall apply section 2(c) of the Shipping Act,

1916 (46 App. U.S.C. 802(c)) in determining under this subsection

whether at least 75 per centum of the interest in a corporation,

partnership, association, trust, joint venture, limited liability

company, limited liability partnership, or any other entity is

owned and controlled by citizens of the United States. For the

purposes of this subsection and of applying the restrictions on

controlling interest in section 2(c) of such Act, the terms

"control" or "controlled" -

(A) shall include -

(i) the right to direct the business of the entity which owns

the vessel;

(ii) the right to limit the actions of or replace the chief

executive officer, a majority of the board of directors, any

general partner, or any person serving in a management capacity

of the entity which owns the vessel; or

(iii) the right to direct the transfer, operation or manning

of a vessel with a fishery endorsement; and

(B) shall not include the right to simply participate in the

activities under subparagraph (A), or the exercise of rights

under loan or mortgage covenants by a mortgagee eligible to be a

preferred mortgagee under section 31322(a) of this title,

provided that a mortgagee not eligible to own a vessel with a

fishery endorsement may only operate such a vessel to the extent

necessary for the immediate safety of the vessel or for repairs,

drydocking or berthing changes.

(3) A fishery endorsement for a vessel that is chartered or

leased to an individual who is not a citizen of the United States

or to an entity that is not eligible to own a vessel with a fishery

endorsement and used as a fishing vessel shall be invalid

immediately upon such use.

(4) The requirements of this subsection shall not apply to a

vessel when it is engaged in fisheries in the exclusive economic

zone under the authority of the Western Pacific Fishery Management

Council established under section 302(a)(1)(H) of the

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1852(a)(1)(H)) or to a purse seine vessel when it is engaged in

tuna fishing in the Pacific Ocean outside the exclusive economic

zone of the United States or pursuant to the South Pacific Regional

Fisheries Treaty, provided that the owner of the vessel continues

to comply with the eligibility requirements for a fishery

endorsement under the federal (!1) law that was in effect on

October 1, 1998. A fishery endorsement issued by the Secretary

pursuant to this paragraph shall be valid for engaging only in

fisheries in the exclusive economic zone under the authority of

such Council, in such tuna fishing in the Pacific Ocean, or

pursuant to such Treaty.

(5) A vessel greater than 165 feet in registered length, of more

than 750 gross registered tons (as measured under chapter 145 of

title 46) or 1,900 gross registered tons as (!2) measured under

chapter 143 of that title), or that has an engine or engines

capable of producing a total of more than 3,000 shaft horsepower is

not eligible for a fishery endorsement under section 12108 of this

title unless -

(A)(i) a certificate of documentation was issued for the vessel

and endorsed with a fishery endorsement that was effective on

September 25, 1997;

(ii) the vessel is not placed under foreign registry after the

date of the enactment of the American Fisheries Act; and

(iii) in the event of the invalidation of the fishery

endorsement after the date of the enactment of the American

Fisheries Act, application is made for a new fishery endorsement

within fifteen (15) business days of such invalidation; or

(B) the owner of such vessel demonstrates to the Secretary that

the regional fishery management council of jurisdiction

established under section 302(a)(1) of the Magnuson-Stevens

Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1))

has recommended after the date of the enactment of the American

Fisheries Act, and the Secretary of Commerce has approved,

conservation and management measures in accordance with such Act

to allow such vessel to be used in fisheries under such council's

authority.

(d)(1) For the issuance of a certificate of documentation with

only a registry endorsement, subsection (a)(2)(A) of this section

does not apply to a beneficiary of a trust that is qualified under

paragraph (2) of this subsection if the vessel is subject to a

charter to a citizen of the United States.

(2)(A) Subject to subparagraph (B) of this paragraph, a trust is

qualified under this paragraph with respect to a vessel only if -

(i) each of the trustees is a citizen of the United States; and

(ii) the application for documentation of the vessel includes

the affidavit of each trustee stating that the trustee is not

aware of any reason involving a beneficiary of the trust that is

not a citizen of the United States, or involving any other person

that is not a citizen of the United States, as a result of which

the beneficiary or other person would hold more than 25 percent

of the aggregate power to influence or limit the exercise of the

authority of the trustee with respect to matters involving any

ownership or operation of the vessel that may adversely affect

the interests of the United States.

(B) If any person that is not a citizen of the United States has

authority to direct or participate in directing a trustee for a

trust in matters involving any ownership or operation of the vessel

that may adversely affect the interests of the United States or in

removing a trustee for a trust without cause, either directly or

indirectly through the control of another person, the trust is not

qualified under this paragraph unless the trust instrument provides

that persons who are not citizens of the United States may not hold

more than 25 percent of the aggregate authority to so direct or

remove a trustee.

(3) Paragraph (2) of this subsection shall not be considered to

prohibit a person who is not a citizen of the United States from

holding more than 25 percent of the beneficial interest in a trust.

(4) If a person chartering a vessel from a trust that is

qualified under paragraph (2) of this subsection is a citizen of

the United States under section 2 of the Shipping Act, 1916 (46

App. U.S.C. 802), then the vessel is deemed to be owned by a

citizen of the United States for purposes of that section and

related laws, except for subtitle B of title VI of the Merchant

Marine Act, 1936.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 99-509, title

V, Sec. 5102(b)(6), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100-239,

Sec. 7(a), Jan. 11, 1988, 101 Stat. 1782; Pub. L. 100-710, title I,

Sec. 104(a)(4), (5), Nov. 23, 1988, 102 Stat. 4750; Pub. L.

101-225, title III, Sec. 301(a)(2), Dec. 12, 1989, 103 Stat. 1920;

Pub. L. 104-324, title XI, Sec. 1136(a), Oct. 19, 1996, 110 Stat.

3986; Pub. L. 105-277, div. C, title II, Sec. 202(a), Oct. 21,

1998, 112 Stat. 2681-617; Pub. L. 105-383, title IV, Secs.

401(a)(1), 421, Nov. 13, 1998, 112 Stat. 3424, 3439; Pub. L.

107-20, title II, Sec. 2202(a), July 24, 2001, 115 Stat. 168; Pub.

L. 107-206, title I, Sec. 1103, Aug. 2, 2002, 116 Stat. 884.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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12102 46:65b

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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.

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the American Fisheries Act, referred

to in subsec. (c)(5), is the date of enactment of title II of div.

C of Pub. L. 105-277, which was approved Oct. 21, 1998.

Such Act, referred to in subsec. (c)(5)(B), probably means the

Magnuson-Stevens Fishery Conservation and Management Act, Pub. L.

94-265, Apr. 13, 1976, 90 Stat. 331, as amended, which is

classified principally to chapter 38 (Sec. 1801 et seq.) of Title

16, Conservation. For complete classification of this Act to the

Code, see Short Title note set out under section 1801 of Title 16

and Tables.

The Merchant Marine Act, 1936, referred to in subsec. (d)(4), is

act June 29, 1936, ch. 858, 49 Stat. 1985, as amended. Subtitle B

of title VI of the Act is classified generally to part B (Sec. 1187

et seq.) of subchapter VI of chapter 27 of Title 46, Appendix,

Shipping. For complete classification of this Act to the Code, see

section 1245 of Title 46, Appendix, and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (c)(5). Pub. L. 107-206, which directed amendment

of title II of division C of Public Law 105-277 by substituting "of

more than 750 gross registered tons (as measured under chapter 145

of title 46) or 1,900 gross registered tons as measured under

chapter 143 of that title)" for "of more than 750 gross registered

tons" each place appearing, was executed by amending subsec. (c)(5)

of this section, to reflect the probable intent of Congress. See

1998 Amendment note below.

2001 - Subsec. (c)(2)(B). Pub. L. 107-20, Sec. 2202(a)(1),

substituted "or the exercise of rights under loan or mortgage

covenants by a mortgagee eligible to be a preferred mortgagee under

section 31322(a) of this title, provided that a mortgagee not

eligible to own a vessel with a fishery endorsement may only

operate such a vessel to the extent necessary for the immediate

safety of the vessel or for repairs, drydocking or berthing

changes" for "or the use by a mortgagee under paragraph (4) of loan

covenants approved by the Secretary".

Subsec. (c)(4) to (6). Pub. L. 107-20, Sec. 2202(a)(2), which

directed amendment of subsec. (c) "by striking paragraph (4) and

renumbering the remaining paragraph accordingly", was executed by

striking par. (4) and redesignating pars. (5) and (6) as (4) and

(5), respectively, to reflect the probable intent of Congress.

Prior to amendment, par. (4) read as follows:

"(4)(A) An individual or entity that is otherwise eligible to own

a vessel with a fishery endorsement shall be ineligible by reason

of an instrument or evidence of indebtedness, secured by a mortgage

of the vessel to a trustee eligible to own a vessel with a fishery

endorsement that is issued, assigned, transferred or held in trust

for a person not eligible to own a vessel with a fishery

endorsement, unless the Secretary determines that the issuance,

assignment, transfer, or trust arrangement does not result in an

impermissible transfer of control of the vessel and that the

trustee -

"(i) is organized as a corporation, and is doing business,

under the laws of the United States or of a State;

"(ii) is authorized under those laws to exercise corporate

trust powers;

"(iii) is subject to supervision or examination by an official

of the United States Government or a State;

"(iv) has a combined capital and surplus (as stated in its most

recent published report of condition) of at least $3,000,000; and

"(v) meets any other requirements prescribed by the Secretary.

"(B) A vessel with a fishery endorsement may be operated by a

trustee only with the approval of the Secretary.

"(C) A right under a mortgage of a vessel with a fishery

endorsement may be issued, assigned, or transferred to a person not

eligible to be a mortgagee of that vessel under section 31322(a)(4)

of this title only with the approval of the Secretary.

"(D) The issuance, assignment, or transfer of an instrument or

evidence of indebtedness contrary to this paragraph is voidable by

the Secretary."

1998 - Subsec. (a). Pub. L. 105-383, Sec. 401(a)(1), struck out

"or is not titled in a State" after "a foreign country" in

introductory provisions.

Subsec. (a)(4). Pub. L. 105-383, Sec. 421, struck out "president

or other" after "a State, whose" and inserted ", by whatever

title," after "chief executive officer".

Subsec. (c). Pub. L. 105-277, Sec. 202(a), as amended by Pub. L.

107-206, amended subsec. (c) generally. Prior to amendment, subsec.

(c) read as follows:

"(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."

1996 - Subsec. (d). Pub. L. 104-324 added subsec. (d).

1989 - Subsec. (a). Pub. L. 101-225, Sec. 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, Sec. 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, Sec. 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.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-20, title II, Sec. 2202(d), July 24, 2001, 115 Stat.

170, provided that: "Section 31322 of title 46, United States Code

as amended in this section, and as amended by section 202(b) of the

American Fisheries Act (Public Law 105-277, division C, title II)

shall not take effect until April 1, 2003, nor shall the Secretary

of Transportation, in determining whether a vessel owner complies

with the requirements of section 12102(c) of title 46, United

States Code, consider the citizenship status of a lender, in its

capacity as a lender with respect to that vessel owner, until after

April 1, 2003."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-277, div. C, title II, Sec. 203(a), Oct. 21, 1998,

112 Stat. 2681-619, provided that: "The amendments made by section

202 [amending this section and section 31322 of this title] shall

take effect on October 1, 2001."

EFFECTIVE DATE OF 1989 AMENDMENT

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.

EFFECTIVE DATE OF 1988 AMENDMENT

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.

REGULATIONS; ENFORCEMENT OF STANDARD

Pub. L. 105-277, div. C, title II, Sec. 203(b)-(e), Oct. 21,

1998, 112 Stat. 2681-619, provided that:

"(b) Regulations. - Final regulations to implement this subtitle

[subtitle I (Secs. 201-204) of title II of div. C of Pub. L.

105-277, amending this section and sections 12122 and 31322 of this

title, enacting provisions set out as notes under this section and

section 2101 of this title, and repealing provisions set out as a

note under this section] shall be published in the Federal Register

by April 1, 2000. Letter rulings and other interim interpretations

about the effect of this subtitle and amendments made by this

subtitle on specific vessels may not be issued prior to the

publication of such final regulations. The regulations to implement

this subtitle shall prohibit impermissible transfers of ownership

or control, specify any transactions which require prior approval

of an implementing agency, identify transactions which do not

require prior agency approval, and to the extent practicable,

minimize disruptions to the commercial fishing industry, to the

traditional financing arrangements of such industry, and to the

opportunity to form fishery cooperatives.

"(c) Vessels Measuring 100 Feet and Greater. - (1) The

Administrator of the Maritime Administration shall administer

section 12102(c) of title 46, United States Code, as amended by

this subtitle, with respect to vessels 100 feet or greater in

registered length. The owner of each such vessel shall file a

statement of citizenship setting forth all relevant facts regarding

vessel ownership and control with the Administrator of the Maritime

Administration on an annual basis to demonstrate compliance with

such section. Regulations to implement this subsection shall

conform to the extent practicable with the regulations establishing

the form of citizenship affidavit set forth in part 355 of title

46, Code of Federal Regulations, as in effect on September 25,

1997, except that the form of the statement under this paragraph

shall be written in a manner to allow the owner of each such vessel

to satisfy any annual renewal requirements for a certificate of

documentation for such vessel and to comply with this subsection

and section 12102(c) of title 46, United States Code, as amended by

this Act, and shall not be required to be notarized.

"(2) After October 1, 2001, transfers of ownership and control of

vessels subject to section 12102(c) of title 46, United States

Code, as amended by this Act, which are 100 feet or greater in

registered length, shall be rigorously scrutinized for violations

of such section, with particular attention given to leases,

charters, mortgages, financing, and similar arrangements, to the

control of persons not eligible to own a vessel with a fishery

endorsement under section 12102(c) of title 46, United States Code,

as amended by this Act, over the management, sales, financing, or

other operations of an entity, and to contracts involving the

purchase over extended periods of time of all, or substantially

all, of the living marine resources harvested by a fishing vessel.

"(d) Vessels Measuring Less Than 100 Feet. - The Secretary of

Transportation shall establish such requirements as are reasonable

and necessary to demonstrate compliance with section 12102(c) of

title 46, United States Code, as amended by this Act, with respect

to vessels measuring less than 100 feet in registered length, and

shall seek to minimize the administrative burden on individuals who

own and operate such vessels.

"(e) Endorsements Revoked. - The Secretary of Transportation

shall revoke the fishery endorsement of any vessel subject to

section 12102(c) of title 46, United States Code, as amended by

this Act, whose owner does not comply with such section."

INAPPLICABILITY OF SUBSECTION (C)(5) TO CERTAIN MENHADEN FISHERIES

Pub. L. 106-31, title III, Sec. 3027(c), May 21, 1999, 113 Stat.

102, provided that: "The limitation on registered length contained

in section 12102(c)(6) [now section 12102(c)(5)] of title 46,

United States Code, shall not apply to a vessel used solely in any

menhaden fishery which is located in the Gulf of Mexico or along

the Atlantic coast south of the area under the authority of the New

England Fishery Management Council for so long as such vessel is

used in such fishery."

APPLICATION OF SECTION TO FISHING VESSELS IN CALIFORNIA

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.

APPLICABILITY OF SUBSECTION (B)

Section 7(b) of Pub. L. 100-239 provided that subsec. (b) of this

section applied to vessels issued a fishery license after July 28,

1987, with exceptions for certain vessels documented under this

chapter or contracted for purchase for use as fishing or fish

processing vessels, prior to repeal by Pub. L. 105-277, div. C,

title II, Sec. 204, Oct. 21, 1998, 112 Stat. 2681-620, effective

Oct. 1, 2001.

TEMPORARY RESTRICTION ON DOCUMENTATION OF FOREIGN-BUILT FISH

PROCESSING VESSELS

Pub. L. 100-111, Aug. 20, 1987, 101 Stat. 733, as amended by Pub.

L. 100-151, Sec. 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12103a, 12106, 12112,

12122, 31322, 31329 of this title; section 1704 of Appendix to this

title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

(!2) So in original. Probably should be "(as".

-End-

-CITE-

46 USC Sec. 12103 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12103. Certificates of documentation

-STATUTE-

(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, or a temporary 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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 100-710, title

I, Sec. 104(a)(4), (6), Nov. 23, 1988, 102 Stat. 4750; Pub. L.

101-225, title III, Sec. 301(a)(3), Dec. 12, 1989, 103 Stat. 1920;

Pub. L. 102-388, title III, Sec. 348(c)(1), Oct. 6, 1992, 106 Stat.

1554; Pub. L. 102-587, title V, Sec. 5213(a)(1), Nov. 4, 1992, 106

Stat. 5077; Pub. L. 107-295, title IV, Sec. 422(a), Nov. 25, 2002,

116 Stat. 2125.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

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.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-295 inserted ", or a temporary

certificate of documentation," after "certificate 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, Sec. 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, Sec. 301(a)(3)(B), designated

existing provisions as par. (1) and added par. (2).

1988 - Subsec. (a). Pub. L. 100-710, Sec. 104(a)(4), inserted "of

Transportation" after "Secretary".

Subsec. (c)(1). Pub. L. 100-710, Sec. 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".

EFFECTIVE DATE OF 1989 AMENDMENT

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.

EFFECTIVE DATE OF 1988 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12103a of this title.

-End-

-CITE-

46 USC Sec. 12103a 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12103a. Issuance of temporary certificate of documentation by

third parties

-STATUTE-

(a) The Secretary of the department in which the Coast Guard is

operating may delegate, subject to the supervision and control of

the Secretary and under terms set out by regulation, to private

entities determined and certified by the Secretary to be qualified,

the authority to issue a temporary certificate of documentation for

a recreational vessel if the applicant for the certificate of

documentation meets the requirements set out in sections 12102 and

12103 of this chapter.

(b) A temporary certificate of documentation issued under section

12103(a) and subsection (a) of this section is valid for up to 30

days from issuance.

-SOURCE-

(Added Pub. L. 107-295, title IV, Sec. 422(b)(1), Nov. 25, 2002,

116 Stat. 2125.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

46 USC Sec. 12104 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12104. Effect of documentation

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 586; Pub. L. 99-36, Sec.

1(a)(7)(B), May 15, 1985, 99 Stat. 67; Pub. L. 101-225, title III,

Sec. 301(a)(4), Dec. 12, 1989, 103 Stat. 1920.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

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.

AMENDMENTS

1989 - Par. (2). Pub. L. 101-225 substituted "endorsement" for

"vessel license".

1985 - Par. (2). Pub. L. 99-36 substituted "recreational" for

"pleasure".

-End-

-CITE-

46 USC Sec. 12105 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12105. Registry endorsements

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 586; Pub. L. 100-710, title

I, Sec. 104(a)(4), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101-225,

title III, Sec. 301(a)(5), Dec. 12, 1989, 103 Stat. 1920.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

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.

AMENDMENTS

1989 - Pub. L. 101-225, Sec. 301(a)(5)(D), inserted

"endorsements" after "Registry" in section catchline.

Subsec. (a). Pub. L. 101-225, Sec. 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, Sec. 301(a)(5)(B), inserted

"endorsement" after "registry".

Subsecs. (c), (d). Pub. L. 101-225, Sec. 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".

EFFECTIVE DATE OF 1988 AMENDMENT

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.

SAVINGS PROVISION

Pub. L. 100-239, Sec. 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12101, 12103 of this

title; section 1187a of Appendix to this title.

-End-

-CITE-

46 USC Sec. 12106 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12106. Coastwise endorsements

-STATUTE-

(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 200 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;

(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.

(e)(1) A certificate of documentation for a vessel may be

endorsed with a coastwise endorsement if -

(A) the vessel is eligible for documentation;

(B) the person that owns the vessel, a parent entity of that

person, or a subsidiary of a parent entity of that person, is

primarily engaged in leasing or other financing transactions;

(C) the vessel is under a demise charter to a person that

certifies to the Secretary that the person is a citizen of the

United States for engaging in the coastwise trade under section 2

of the Shipping Act, 1916;

(D) the demise charter is for a period of at least 3 years or a

shorter period as may be prescribed by the Secretary; and

(E) the vessel is otherwise eligible for documentation under

this section.

(2) The demise charter and any amendments to that charter shall

be filed with the certificate required by this subsection, or

within 10 days following the filing of an amendment to the charter,

and such charter and amendments shall be made available to the

public.

(3) Upon termination by a demise charterer required under

paragraph (1)(C), the coastwise endorsement of the vessel may, in

the sole discretion of the Secretary, be continued after the

termination for default of the demise charter for a period not to

exceed 6 months on such terms and conditions as the Secretary may

prescribe.

(4) For purposes of section 2 of the Shipping Act, 1916, and

section 12102(a) of this title, a vessel meeting the criteria of

this subsection is deemed to be owned exclusively by citizens of

the United States.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 586; Pub. L. 98-454, title

III, Sec. 301(b), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 100-239,

Sec. 6(a)(2), (3), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 101-225,

title III, Sec. 301(a)(6), Dec. 12, 1989, 103 Stat. 1921; Pub. L.

101-380, title IV, Sec. 4205, Aug. 18, 1990, 104 Stat. 533; Pub. L.

104-324, title VII, Sec. 743, title XI, Sec. 1113(d), Oct. 19,

1996, 110 Stat. 3942, 3971.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

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.

-REFTEXT-

REFERENCES IN TEXT

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 subsecs.

(d)(2) and (e)(1)(C), (4), is classified to sections 802 and 803 of

the Appendix to this title.

-MISC2-

AMENDMENTS

1996 - Subsec. (c)(1). Pub. L. 104-324, Sec. 743, substituted

"200 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" for

"two hundred gross tons".

Subsec. (e). Pub. L. 104-324, Sec. 1113(d), added subsec. (e).

1990 - Subsec. (d). Pub. L. 101-380 added subsec. (d).

1989 - Pub. L. 101-225, Sec. 301(a)(6)(E), substituted

"endorsements" for "licenses and registry" in section catchline.

Subsec. (a). Pub. L. 101-225, Sec. 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, Sec. 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, Sec. 301(a)(6)(C), substituted

"endorsement" for "license".

Subsec. (d). Pub. L. 101-225, Sec. 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, Sec. 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, Sec. 6(a)(3), added subsec. (d).

1984 - Subsec. (c). Pub. L. 98-454 added subsec. (c).

EFFECTIVE DATE OF 1990 AMENDMENT

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.

ADMINISTRATIVE PROCESS FOR JONES ACT WAIVERS

Pub. L. 105-383, title V, Nov. 13, 1998, 112 Stat. 3445, as

amended by Pub. L. 107-295, title II, Sec. 207(c), Nov. 25, 2002,

116 Stat. 2097, provided that:

"SEC. 501. FINDINGS.

"The Congress finds that -

"(1) current coastwise trade laws provide no administrative

authority to waive the United-States-built requirement of those

laws for the limited carriage of passengers for hire on vessels

built or rebuilt outside the United States;

"(2) requests for such waivers require the enactment of

legislation by the Congress;

"(3) each Congress routinely approves numerous such requests

for waiver and rarely rejects any such request; and

"(4) the review and approval of such waiver requests is a

ministerial function which properly should be executed by an

administrative agency with appropriate expertise.

"SEC. 502. ADMINISTRATIVE WAIVER OF COASTWISE TRADE LAWS.

"Notwithstanding sections 12106 and 12108 of title 46, United

States Code, section 8 of the Act of June 19, 1886 (46 U.S.C. App.

289), and section 27 of the Merchant Marine Act, 1920 (46 U.S.C.

App. 883), the Secretary of Transportation may issue a certificate

of documentation with appropriate endorsement for employment in the

coastwise trade as a small passenger vessel or an uninspected

passenger vessel for an eligible vessel authorized to carry no more

than 12 passengers for hire if the Secretary, after notice and an

opportunity for public comment, determines that the employment of

the vessel in the coastwise trade will not adversely affect -

"(1) United States vessel builders; or

"(2) the coastwise trade business of any person who employs

vessels built in the United States in that business.

"SEC. 503. REVOCATION.

"(a) Revocation for Fraud. - The Secretary shall revoke a

certificate or an endorsement issued under section 502, after

notice and an opportunity for a hearing, if the Secretary

determines that the certificate or endorsement was obtained by

fraud.

"(b) Application With Criminal Penalties. - Nothing in this

section affects -

"(1) the criminal prohibition on fraud and false statements

provided by section 1001 of title 18, United States Code; or

"(2) any other authority of the Secretary to revoke a

certificate or endorsement issued under section 502 of this Act.

"SEC. 504. DEFINITIONS.

"In this title:

"(1) Secretary. - The term 'Secretary' means the Secretary of

Transportation.

"(2) Eligible vessel. - The term 'eligible vessel' means a

vessel that -

"(A) was not built in the United States and is at least 3

years of age; or

"(B) if rebuilt, was rebuilt outside the United States at

least 3 years before the certification requested under section

502, if granted, would take effect.

"(3) Small passenger vessel; uninspected passenger vessel;

passenger for hire. - The terms 'small passenger vessel',

'uninspected passenger vessel', and 'passenger for hire' have the

meaning given such terms by section 2101 of title 46, United

States Code.

"SEC. 505. SUNSET.

[Repealed. Pub. L. 107-295, title II, Sec. 207(c)(1), Nov. 25,

2002, 116 Stat. 2097.]"

[Pub. L. 107-295, title II, Sec. 207(c)(1), Nov. 25, 2002, 116

Stat. 2097, provided that: "Section 505 of the Coast Guard

Authorization Act of 1998 [Pub. L. 105-383] ([formerly] 46 U.S.C.

12106 note) is repealed. The repeal of section 505 shall have no

effect on the validity of any certificate or endorsement issued

under section 502 of that Act [set out above].]

STUDY AND REPORT ON FINANCING METHODS

Section 1113(f) of Pub. L. 104-324 provided that:

"(1) Study. - The Secretary of Transportation shall conduct a

study of the methods for leasing, demise chartering, and financing

of vessels operating in the coastal trades of other countries and

whether the laws of other countries provide reciprocity for United

States banks, leasing companies, or other financial institutions

with respect to the rights granted under the amendment made by

subsection (d) [amending this section]. The study shall develop

recommendations whether additional laws requiring reciprocity

should be considered for non-United States banks, leasing

companies, or other financial institutions.

"(2) Report. - The Secretary shall submit to the Congress a

report 1 year after the date of enactment of this Act [Oct. 19,

1996] of the results of the study required under paragraph (1),

including recommendations developed in the study."

APPLICATION OF WEIGHT LIMITATIONS TO NORTHERN MARIANA ISLANDS

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.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12101, 12103, 14305 of

this title; sections 316, 808 of Appendix to this title.

-End-

-CITE-

46 USC Sec. 12107 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

[Sec. 12107. Repealed. Pub. L. 104-324, title XI, Sec. 1115(a),

Oct. 19, 1996, 110 Stat. 3972]

-MISC1-

Section, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 587; Pub. L.

100-239, Sec. 6(a)(4), (5), Jan. 11, 1988, 101 Stat. 1782; Pub. L.

101-225, title III, Sec. 301(a)(7), Dec. 12, 1989, 103 Stat. 1921,

related to requirements for Great Lakes endorsement and

significance of certificate of documentation with Great Lakes

endorsement.

-End-

-CITE-

46 USC Sec. 12108 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12108. Fishery endorsements

-STATUTE-

(a) A certificate of documentation may be endorsed with a fishery

endorsement for a vessel that -

(1) is eligible for documentation;

(2) was built in the United States;

(3) if rebuilt, was rebuilt in the United States;

(4) was not forfeited to the United States Government after

July 1, 2001, for a breach of the laws of the United States; and

(5) 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 200 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;

(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.

(d) A vessel purchased by the Secretary of Commerce through a

fishing capacity reduction program under the Magnuson-Stevens

Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) or

section 308 of the Interjurisdictional Fisheries Act (!1) (16

U.S.C. 4107) is not eligible for a fishery endorsement, and any

fishery endorsement issued for that vessel is invalid.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 587; Pub. L. 98-454, title

III, Sec. 301(c), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 100-239,

Secs. 3(4), (5), 6(a)(6), Jan. 11, 1988, 101 Stat. 1779, 1782; Pub.

L. 101-225, title III, Sec. 301(a)(8), Dec. 12, 1989, 103 Stat.

1921; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.

211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41; Pub. L. 104-324,

title III, Sec. 301(e), title VII, Sec. 744, Oct. 19, 1996, 110

Stat. 3917, 3942; Pub. L. 107-295, title IV, Sec. 409, Nov. 25,

2002, 116 Stat. 2117.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

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.

-REFTEXT-

REFERENCES IN TEXT

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in subsec. (d), is Pub. L. 94-265, Apr. 13, 1976, 90

Stat. 331, as amended, which is classified principally to chapter

38 (Sec. 1801 et seq.) of Title 16, Conservation. For complete

classification of this Act to the Code, see Short Title note set

out under section 1801 of Title 16 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(2). Pub. L. 107-295, Sec. 409(1), added par.

(2) and struck out former par. (2) which read as follows:

"(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);".

Subsec. (a)(4), (5). Pub. L. 107-295, Sec. 409(2)-(4), added par.

(4) and redesignated former par. (4) as (5).

1996 - Subsec. (c)(1). Pub. L. 104-324, Sec. 744, substituted

"200 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" for

"two hundred gross tons".

Subsec. (d). Pub. L. 104-208, which directed the substitution of

"Magnuson-Stevens Fishery Conservation and Management Act" for

"Magnuson Fishery Conservation and Management Act", was executed by

making the substitution for "Magnuson Fishery Conservation

Management Act" to reflect the probable intent of Congress.

Pub. L. 104-324, Sec. 301(e), added subsec. (d).

1989 - Pub. L. 101-225, Sec. 301(a)(8)(F), substituted

"endorsements" for "licenses and registry" in section catchline.

Subsec. (a). Pub. L. 101-225, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 3(4), added

par. (3) and redesignated former par. (3) as (4).

Subsec. (c)(2). Pub. L. 100-239, Sec. 3(5), substituted "built or

rebuilt" for "built".

Subsec. (d). Pub. L. 100-239, Sec. 6(a)(6), added subsec. (d).

1984 - Subsec. (c). Pub. L. 98-454 added subsec. (c).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

SAVINGS PROVISION

Section 4 of Pub. L. 100-239, as amended by Pub. L. 101-225,

title III, Sec. 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. Sec. 67.21-1 or Sec. 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."

EXTENSION OF PERIOD FOR REBUILDING VESSELS IN FOREIGN COUNTRIES

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."

-CROSS-

DEFINITIONS

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)."

-MISC3-

APPLICATION OF WEIGHT LIMITATIONS TO NORTHERN MARIANA ISLANDS

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.

-EXEC-

TERRITORIAL SEA OF UNITED STATES

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12102, 12103, 14305 of

this title; title 16 sections 973g, 4107.

-FOOTNOTE-

(!1) So in original. Probably should be "Act of 1986".

-End-

-CITE-

46 USC Sec. 12109 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12109. Recreational endorsements

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 587; Pub. L. 99-36, Sec.

1(a)(7)(C), May 15, 1985, 99 Stat. 67; Pub. L. 99-570, title III,

Sec. 3151, Oct. 27, 1986, 100 Stat. 3207-94; Pub. L. 100-710, title

I, Sec. 106(b)(5), Nov. 23, 1988, 102 Stat. 4752; Pub. L. 101-225,

title III, Sec. 301(a)(9), Dec. 12, 1989, 103 Stat. 1921; Pub. L.

101-595, title VI, Sec. 603(9), Nov. 16, 1990, 104 Stat. 2993.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

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.

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-595 substituted "on board that

recreational vessel" for "aboard such a pleasure vessel".

1989 - Pub. L. 101-225, Sec. 301(a)(9)(D), substituted

"endorsements" for "vessel licenses" in section catchline.

Subsec. (a). Pub. L. 101-225, Sec. 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, Sec. 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, Sec. 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.

EFFECTIVE DATE OF 1988 AMENDMENT

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.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12103 of this title.

-End-

-CITE-

46 USC Sec. 12110 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12110. Limitations on operations authorized by certificates

-STATUTE-

(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 with only a recreational endorsement may not be

operated other than for pleasure.

(d) A documented vessel, other than a vessel with only a

recreational endorsement, may be placed under the command only of a

citizen of the United States.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 99-36, Sec.

1(a)(7)(D), May 15, 1985, 99 Stat. 67; Pub. L. 100-710, title I,

Sec. 104(a)(4), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101-225,

title III, Sec. 301(a)(10), Dec. 12, 1989, 103 Stat. 1922; Pub. L.

102-388, title III, Sec. 348(b), Oct. 6, 1992, 106 Stat. 1554; Pub.

L. 102-587, title V, Sec. 5213(a)(2), Nov. 4, 1992, 106 Stat. 5077;

Pub. L. 104-324, title III, Sec. 301(c), (d)(1), Oct. 19, 1996, 110

Stat. 3916.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

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.

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-324, Sec. 301(c), amended subsec.

(c) generally. Prior to amendment, subsec. (c) read as follows: "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."

Subsec. (d). Pub. L. 104-324, Sec. 301(d)(1), inserted ", other

than a vessel with only a recreational endorsement," after "A

documented vessel".

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, Sec. 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, Sec. 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".

EFFECTIVE DATE OF 1988 AMENDMENT

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.

APPLICATION OF SECTION TO FISHING VESSELS IN CALIFORNIA

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12111 of this title.

-End-

-CITE-

46 USC Sec. 12111 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12111. Surrender and invalidation of certificates of

documentation

-STATUTE-

(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 in violation of section 12110(d) of this title.

(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.

(d)(1) The Secretary shall not refuse to approve the surrender of

the certificate of documentation for a vessel solely on the basis

that a notice of a claim of a lien on the vessel has been recorded

under section 31343(a) of this title.

(2) The Secretary may condition approval of the surrender of the

certificate of documentation for a vessel over 1,000 gross tons.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 100-710, title

I, Sec. 103(a), Nov. 23, 1988, 102 Stat. 4749; Pub. L. 104-324,

title III, Sec. 301(d)(2)(A), Oct. 19, 1996, 110 Stat. 3916; Pub.

L. 107-295, title II, Sec. 205(c), Nov. 25, 2002, 116 Stat. 2096.)

-MISC1-

HISTORICAL AND REVISION NOTES

1983 ACT

--------------------------------------------------------------------

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.

1988 ACT

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.

HOUSE FLOOR STATEMENT

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.

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-295 added subsec. (d).

1996 - Subsec. (a)(2). Pub. L. 104-324 inserted "in violation of

section 12110(d) of this title" before period at end.

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."

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-295, title II, Sec. 205(e), Nov. 25, 2002, 116 Stat.

2096, provided that: "This section [amending this section, sections

31325 and 31343 of this title, and section 808 of the Appendix to

this title] shall take effect January 1, 2003."

EFFECTIVE DATE OF 1988 AMENDMENT

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.

APPLICATION OF SECTION TO FISHING VESSELS IN CALIFORNIA

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.

DOCUMENTATION SURRENDER AND INVALIDATION

Pub. L. 101-225, title III, Sec. 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."

-End-

-CITE-

46 USC Sec. 12112 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12112. Vessels procured outside the United States

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 100-710, title

I, Sec. 104(a)(4), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101-225,

title III, Sec. 301(a)(11), Dec. 12, 1989, 103 Stat. 1922.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

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.

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-225, Sec. 301(a)(11)(A),

substituted "a certificate of documentation with an appropriate

endorsement" for "an appropriate document".

Subsec. (b). Pub. L. 101-225, Sec. 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).

EFFECTIVE DATE OF 1988 AMENDMENT

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.

-FOOTNOTE-

(!1) So in original. Probably should be "jurisdiction".

-End-

-CITE-

46 USC Secs. 12113 to 12116 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

[Secs. 12113 to 12116. Repealed. Pub. L. 100-710, title I, Sec.

106(b)(5), Nov. 23, 1988, 102 Stat. 4752]

-MISC1-

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, Sec. 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.

EFFECTIVE DATE OF REPEAL

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.

-End-

-CITE-

46 USC Sec. 12117 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12117. Recording of United States built vessels

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 589; Pub. L. 100-710, title

I, Sec. 104(a)(4), Nov. 23, 1988, 102 Stat. 4750.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

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.

AMENDMENTS

1988 - Pub. L. 100-710 inserted "of Transportation" after first

reference to "Secretary".

EFFECTIVE DATE OF 1988 AMENDMENT

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.

-End-

-CITE-

46 USC Sec. 12118 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

[Sec. 12118. Repealed. Pub. L. 100-710, title I, Sec. 106(b)(5),

Nov. 23, 1988, 102 Stat. 4752]

-MISC1-

Section, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 589, related to

registration of funnel marks and house flags.

EFFECTIVE DATE OF REPEAL

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.

-End-

-CITE-

46 USC Sec. 12119 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12119. List of documented vessels

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 589; Pub. L. 100-710, title

I, Sec. 104(a)(4), Nov. 23, 1988, 102 Stat. 4750.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

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.

AMENDMENTS

1988 - Pub. L. 100-710 inserted "of Transportation" after first

reference to "Secretary".

EFFECTIVE DATE OF 1988 AMENDMENT

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.

INVENTORY OF VESSELS FOR CABLE LAYING, MAINTENANCE, AND REPAIR

Pub. L. 107-295, title IV, Sec. 403, Nov. 25, 2002, 116 Stat.

2114, provided that:

"(a) Inventory. - The Secretary of Transportation shall develop,

maintain, and periodically update an inventory of vessels that are

documented under chapter 121 of title 46, United States Code, are

200 feet or more in length, and have the capability to lay,

maintain, or repair a submarine cable, without regard to whether a

particular vessel is classified as a cable ship or cable vessel.

"(b) Vessel information. - For each vessel listed in the

inventory, the Secretary shall include in the inventory -

"(1) the name, length, beam, depth, and other distinguishing

characteristics of the vessel;

"(2) the abilities and limitations of the vessel with respect

to the laying, maintaining, and repairing of a submarine cable;

and

"(3) the name and address of the person to whom inquiries

regarding the vessel may be made.

"(c) Publication. - The Secretary shall -

"(1) not later than 60 days after the date of enactment of this

Act [Nov. 25, 2002], publish in the Federal Register a current

inventory developed under subsection (a); and

"(2) every 6 months thereafter, publish in the Federal Register

an updated inventory."

-End-

-CITE-

46 USC Sec. 12120 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12120. Reports

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 589; Pub. L. 100-710, title

I, Sec. 104(a)(4), Nov. 23, 1988, 102 Stat. 4750.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

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.

AMENDMENTS

1988 - Pub. L. 100-710 inserted "of Transportation" after first

reference to "Secretary".

EFFECTIVE DATE OF 1988 AMENDMENT

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.

-End-

-CITE-

46 USC Sec. 12121 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

[Sec. 12121. Repealed. Pub. L. 100-710, title I, Sec. 106(b)(5),

Nov. 23, 1988, 102 Stat. 4752]

-MISC1-

Section, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 589, authorized

the Secretary to prescribe regulations to carry out this chapter.

EFFECTIVE DATE OF REPEAL

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.

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

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.

-End-

-CITE-

46 USC Sec. 12122 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12122. Penalties

-STATUTE-

(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 $10,000. Each day

of continuing violation is a separate violation.

(b) A vessel and its equipment are liable to seizure by and

forfeiture to the United States Government -

(1) when the owner of a vessel or the representative or agent

of the owner knowingly falsifies or conceals a material fact, or

knowingly makes a false statement or representation about the

documentation or when applying for documentation of the vessel;

(2) when a certificate of documentation is knowingly and

fraudulently used for a vessel;

(3) when a vessel is operated after its endorsement has been

denied or revoked under section 12123 of this title;

(4) when a vessel is employed in a trade without an appropriate

trade endorsement;

(5) when a documented vessel with only a recreational

endorsement is operated other than for pleasure; or

(6) when a documented vessel, other than a vessel with only a

recreational endorsement, is placed under the command of a person

not a citizen of the United States.

(c) In addition to penalties under subsections (a) and (b), the

owner of a documented vessel for which a fishery endorsement has

been issued is liable to the United States Government for a civil

penalty of up to $100,000 for each day in which such vessel has

engaged in fishing (as such term is defined in section 3 of the

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1802)) within the exclusive economic zone of the United States, if

the owner or the representative or agent of the owner knowingly

falsified or concealed a material fact, or knowingly made a false

statement or representation, with respect to the eligibility of the

vessel under section 12102(c) of this title in applying for or

applying to renew such fishery endorsement.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 590; Pub. L. 99-307, Sec.

1(16), May 19, 1986, 100 Stat. 446; Pub. L. 104-324, title III,

Sec. 301(a), (b), Oct. 19, 1996, 110 Stat. 3916; Pub. L. 105-277,

div. C, title II, Sec. 203(f), Oct. 21, 1998, 112 Stat. 2681-620;

Pub. L. 106-31, title III, Sec. 3027(b), May 21, 1999, 113 Stat.

101.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

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.

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-31, which directed the insertion

of a comma after "representations", was executed by inserting the

comma after "representation", to reflect the probable intent of

Congress.

1998 - Subsec. (c). Pub. L. 105-277 added subsec. (c).

1996 - Subsec. (a). Pub. L. 104-324, Sec. 301(a), substituted

"$10,000" for "$500".

Subsec. (b). Pub. L. 104-324, Sec. 301(b)(1), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "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."

Subsec. (c). Pub. L. 104-324, Sec. 301(b)(2), struck out subsec.

(c) which read as follows: "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."

1986 - Subsec. (a). Pub. L. 99-307 inserted provision that each

day of continuing violation is a separate violation.

APPLICATION OF SECTION TO FISHING VESSELS IN CALIFORNIA

Citizen of the United States to include an alien lawfully

admitted for permanent residence, for purposes of applying subsec.

(b) of 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, as amended, set out as a note under section

8103 of this title.

-End-

-CITE-

46 USC Sec. 12123 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12123. Denial and revocation of endorsements

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 102-587, title V, Sec. 5213(a)(3), Nov. 4, 1992, 106

Stat. 5077.)

-MISC1-

PRIOR PROVISIONS

A prior section 12123, added Pub. L. 102-388, title III, Sec.

348(a), Oct. 6, 1992, 106 Stat. 1554, related to the denial and

revocation of trade or recreational endorsement upon failure of

vessel's owner to pay assessment of civil penalty for violation of

law, prior to repeal by Pub. L. 104-324, title VII, Sec. 746(a)(1),

Oct. 19, 1996, 110 Stat. 3943.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12103, 12122 of this

title.

-End-

-CITE-

46 USC Sec. 12124 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 121 - DOCUMENTATION OF VESSELS

-HEAD-

Sec. 12124. Surrender of title and number

-STATUTE-

(a) A documented vessel shall not be titled by a State or

required to display numbers under chapter 123, and any certificate

of title issued by a State for a documented vessel shall be

surrendered in accordance with regulations prescribed by the

Secretary of Transportation.

(b) The Secretary may approve the surrender under subsection (a)

of a certificate of title for a vessel covered by a preferred

mortgage under section 31322(d) of this title only if the mortgagee

consents.

-SOURCE-

(Added Pub. L. 105-383, title IV, Sec. 401(a)(2), Nov. 13, 1998,

112 Stat. 3424.)

-End-