§12108. Fishery endorsements

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

(1) is eligible for documentation;

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

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

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

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

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

(c) A fishery endorsement to engage in fishing in the territorial sea and fishery conservation zone adjacent to Guam, American Samoa, and the Northern Mariana Islands may be issued to a vessel that-

(1) is less than 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.

( Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 587 ; Pub. L. 98–454, title III, §301(c), Oct. 5, 1984, 98 Stat. 1734 ; Pub. L. 100–239, §§3(4), (5), 6(a)(6), Jan. 11, 1988, 101 Stat. 1779 , 1782; Pub. L. 101–225, title III, §301(a)(8), Dec. 12, 1989, 103 Stat. 1921 ; Pub. L. 104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009 , 3009-41; Pub. L. 104–324, title III, §301(e), title VII, §744, Oct. 19, 1996, 110 Stat. 3917 , 3942.)

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.

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 (§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.

Amendments

1996-Subsec. (c)(1). Pub. L. 104–324, §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, §301(e), added subsec. (d).

1989-Pub. L. 101–225, §301(a)(8)(F), substituted "endorsements" for "licenses and registry" in section catchline.

Subsec. (a). Pub. L. 101–225, §301(a)(8)(A), (B), in introductory provisions substituted "certificate of documentation may be endorsed with a fishery endorsement" for "fishery license or, as provided in section 12105(c) of this title, an appropriately endorsed registry, may be issued" and in par. (1) struck out "and" after semicolon.

Subsec. (b). Pub. L. 101–225, §301(a)(8)(C), substituted "certificate of documentation with a fishery endorsement" for "fishery license or an appropriately endorsed registry".

Subsec. (c). Pub. L. 101–225, §301(a)(8)(D), which directed substitution of "endorsement" for "license" in subsec. (C), was executed by making substitution in subsec. (c) as the probable intent of Congress.

Subsec. (d). Pub. L. 101–225, §301(a)(8)(E), struck out subsec. (d) which read as follows: "On application of the owner of a vessel that qualifies for a coastwise license under section 12106 or a Great Lakes license under section 12107 of this title, the Secretary may issue an endorsement authorizing the vessel to be employed in the coastwise trade or the Great Lakes trade, as the case may be."

1988-Subsec. (a)(3), (4). Pub. L. 100–239, §3(4), added par. (3) and redesignated former par. (3) as (4).

Subsec. (c)(2). Pub. L. 100–239, §3(5), substituted "built or rebuilt" for "built".

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

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

Effective Date of 1996 Amendment

Section 101(a) [title II, §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, §310, Dec. 12, 1989, 103 Stat. 1926 , provided that:

"(a) Notwithstanding the requirements of section 12108(a)(2) and (3) of title 46, United States Code, a fishery license may be issued to a vessel that before July 28, 1987-

"(1)(A) was documented under chapter 121 of that title; and

"(B) was operated as a fish processing or fish tender vessel in the navigable waters of the United States or the exclusive economic zone;

"(2) was a fish tender or fish processing vessel contracted to be purchased by a citizen of the United States, if the purchase is shown by contract or similarly reliable evidence acceptable to the Secretary to have been made for the purpose of using the vessel as a fish tender or fish processing vessel in the fisheries;

"(3) was documented under chapter 121 of that title and-

"(A) was rebuilt in a foreign country; or

"(B) is subsequently rebuilt in the United States for use as a fish processing vessel; or

"(4) was built in the United States and-

"(A) is rebuilt in a foreign country under a contract entered into before 6 months after the date of enactment of this Act [Jan. 11, 1988], and was purchased or contracted to be purchased before July 28, 1987 with the intent that the vessel be used in the fisheries, if that intent is evidenced by-

"(i) the contract itself; or

"(ii) a ruling letter by the Coast Guard before July 29, 1987 under 46 C.F.R. §67.21–1 or §67.27–3 pursuant to a ruling request evidencing that intent; or

"(B) is purchased for use as a fish processing vessel under a contract entered into after July 27, 1987, if-

"(i) a contract to rebuild the vessel for use as a fish processing vessel was entered into before September 1, 1987; and

"(ii) that vessel is part of a specific business plan involving the conversion in foreign shipyards of a series of three vessels and rebuilding work on at least one of the vessels had begun before July 28, 1987.

"(b) A vessel rebuilt under subsection (a)(3)(B) or (4) of this section must be redelivered to the owner before July 28, 1990. However, the Secretary may, on proof of circumstances beyond the control of the owner of a vessel affected by this section, extend the period for rebuilding in a foreign country permitted by this section.

"(c)(1) Any fishery license or registry issued to a vessel built in a foreign country under this section shall be endorsed to restrict the vessel from catching, taking, or harvesting.

"(2) Before being issued a fishery license, any vessel described in subsection (a)(2) of this section must be documented under an application for documentation acceptable to the Secretary filed before July 28, 1987, except that an alternative vessel of no greater tonnage than the vessel in the application may be substituted, if that substitution is made by the original applicant."

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."

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)."

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.

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.

Section Referred to in Other Sections

This section is referred to in sections 12102, 12103, 14305 of this title; title 16 sections 973g, 4107.

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