§12106. Coastwise endorsements

(a) A certificate of documentation may be endorsed with a coastwise endorsement for a vessel that-

(1) is eligible for documentation;

(2)(A) was built in the United States; or

(B) if not built in the United States, was captured in war by citizens of the United States and lawfully condemned as prize, was adjudged to be forfeited for a breach of the laws of the United States, or qualified for documentation under section 4136 of the Revised Statutes (46 App. U.S.C. 14); and

(3) otherwise qualifies under laws of the United States to be employed in the coastwise trade.

(b) Subject to the laws of the United States regulating the coastwise trade, only a vessel for which a certificate of documentation with a coastwise endorsement is issued may be employed in the coastwise trade.

(c) A coastwise endorsement to engage in the coastwise trade of fisheries products between places in Guam, American Samoa, and the Northern Mariana Islands may be issued for a vessel that-

(1) is less than two hundred gross tons;

(2) was not built in the United States;

(3) is eligible for documentation; and

(4) otherwise qualifies under the laws of the United States to be employed in the coastwide trade.

(d)(1) A vessel may be issued a certificate of documentation with a coastwise endorsement if-

(A) the vessel is owned by a not-for-profit oil spill response cooperative or by members of such a cooperative who dedicate the vessel to use by the cooperative;

(B) the vessel is at least 50 percent owned by persons or entities described in section 12102(a) of this title;

(C) the vessel otherwise qualifies under section 12106 to be employed in the coastwise trade; and

(D) use of the vessel is restricted to-

(i) the deployment of equipment, supplies, and personnel to recover, contain, or transport oil discharged into the navigable waters of the United States, or within the Exclusive Economic Zone, or

(ii) for training exercises to prepare to respond to such a discharge.

(2) For purposes of the first proviso of section 27 of the Merchant Marine Act, 1920, section 2 of the Shipping Act of 1916, and section 12102(a) of this title, a vessel meeting the criteria of this subsection shall be considered to be owned exclusively by citizens of the United States.

( Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 586 ; Pub. L. 98–454, title III, §301(b), Oct. 5, 1984, 98 Stat. 1734 ; Pub. L. 100–239, §6(a)(2), (3), Jan. 11, 1988, 101 Stat. 1781 ; Pub. L. 101–225, title III, §301(a)(6), Dec. 12, 1989, 103 Stat. 1921 ; Pub. L. 101–380, title IV, §4205, Aug. 18, 1990, 104 Stat. 533 .)

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.

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 subsec. (d)(2), is classified to sections 802 and 803 of the Appendix to this title.

Amendments

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

1989-Pub. L. 101–225, §301(a)(6)(E), substituted "endorsements" for "licenses and registry" in section catchline.

Subsec. (a). Pub. L. 101–225, §301(a)(6)(A), substituted "certificate of documentation may be endorsed with a coastwise endorsement" for "coastwise license or, as provided in section 12105(c) of this title, an appropriately endorsed registry, may be issued".

Subsec. (b). Pub. L. 101–225, §301(a)(6)(B), substituted "certificate of documentation with a coastwise endorsement" for "coastwise license or an appropriately endorsed registry".

Subsec. (c). Pub. L. 101–225, §301(a)(6)(C), substituted "endorsement" for "license".

Subsec. (d). Pub. L. 101–225, §301(a)(6)(D), struck out subsec. (d) which read as follows: "On application of the owner of a vessel that qualifies for a Great Lakes license under section 12107 or a fishery license under section 12108 of this title, the Secretary may issue an endorsement authorizing the vessel to be employed in the Great Lakes trade or fisheries, as the case may be."

1988-Subsec. (b). Pub. L. 100–239, §6(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Subject to the laws of the United States regulating the coastwise trade and the fisheries, only a vessel for which a coastwise license or an appropriately endorsed registry is issued may be employed in-

"(1) the coastwise trade; and

"(2) the fisheries."

Subsec. (d). Pub. L. 100–239, §6(a)(3), added subsec. (d).

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

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.

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.]

Section Referred to in Other Sections

This section is referred to in sections 12101, 12103, 14305 of this title; section 316 of Appendix to this title.