Part H—Identification of Vessels
Part Referred to in Other Sections
This part is referred to in
CHAPTER 121 —DOCUMENTATION OF VESSELS
Amendments
1998—
1996—
1992—
1990—
1989—
1988—
1985—
Chapter Referred to in Other Sections
This chapter is referred to in
§12101. Definitions and related terms in other laws
(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
(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
[(3) Repealed.
(4) "yacht" means a recreational vessel even if not documented.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 12101 | 46:65w |
Section 12101 defines the types of certificates of documentation that are used in this chapter, and in other laws, regulations, document rulings or other official acts referring to the documentation of a vessel.
Amendments
1996—Subsec. (b)(3).
1989—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4), (5).
1988—
1985—Par. (5).
1984—Par. (6).
Effective Date of 1989 Amendment
Section 309 of
"(a)
"(b)
"(1) The amendments made by section 1(a)(2) [probably means section 301(a)(2) of
"(2) The amendments made by section 1(a)(3) [probably means section 301(a)(3) of
Use of Foreign Registry Oil Spill Response Vessels
Section 1117 of
"(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."
§12102. Vessels eligible for documentation
(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 is not eligible for a fishery endorsement under
(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.
(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.
(
Amendment of Subsection (c)
(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
(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 use by a mortgagee under paragraph (4) of loan covenants approved by the Secretary.
(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)(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
(D) The issuance, assignment, or transfer of an instrument or evidence of indebtedness contrary to this paragraph is voidable by the Secretary.
(5) 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 (
(6) A vessel greater than 165 feet in registered length, of more than 750 gross registered tons, 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
(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 (
| Revised section | Source section (U.S. Code) |
|---|---|
| 12102 | 46:65b |
Section 12102 provides that vessels of at least five net tons, not registered under the laws of a foreign nation, are eligible for documentation if certain ownership requirements are met, and lists the ownership requirements.
References in Text
The Merchant Marine Act, 1936, referred to in subsec. (d)(4), is act June 29, 1936, ch. 858,
Amendments
1998—Subsec. (a).
Subsec. (a)(4).
1996—Subsec. (d).
1989—Subsec. (a).
Subsecs. (b), (c).
1988—
1986—
Effective Date of 1998 Amendment
Effective Date of 1989 Amendment
Amendments by section 301(a)(2) of
Effective Date of 1988 Amendment
Amendment by
Regulations; Enforcement of Standard
"(b)
"(c)
"(2) After October 1, 2001, transfers of ownership and control of vessels subject to
"(d)
"(e)
Inapplicability of Subsection (c)(6) to Certain Menhaden Fisheries
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
Applicability of Subsection (b)
Section 7(b) of
"(1) was documented under
"(2) was contracted for purchase for use as a fishing, fish tender, or fish processing vessel in the navigable waters of the United States or the Exclusive Economic Zone, if the purchase is shown by the contract or similarly reliable evidence acceptable to the Secretary to have been made for the purpose of using the vessel in the fisheries."
[
Temporary Restriction on Documentation of Foreign-Built Fish Processing Vessels
Section Referred to in Other Sections
This section is referred to in
§12103. Certificates of documentation
(a) Except as provided in
(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.
(
| 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
1992—Subsec. (a).
1989—Subsec. (a).
Subsec. (b).
1988—Subsec. (a).
Subsec. (c)(1).
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
§12104. Effect of documentation
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.
(
| 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).
1985—Par. (2).
§12105. Registry endorsements
(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.
(
| 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—
Subsec. (a).
Subsec. (b).
Subsecs. (c), (d).
"(c) On application of the owner of a vessel that qualifies for a coastwise license under
"(d) Except as provided in
1988—Subsec. (c).
Effective Date of 1988 Amendment
Amendment by
Savings Provision
Section Referred to in Other Sections
This section is referred to in
§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 200 gross tons as measured under
(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
(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
(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
(
| 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 subsecs. (d)(2) and (e)(1)(C), (4), is classified to sections 802 and 803 of the Appendix to this title.
Amendments
1996—Subsec. (c)(1).
Subsec. (e).
1990—Subsec. (d).
1989—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1988—Subsec. (b).
"(1) the coastwise trade; and
"(2) the fisheries."
Subsec. (d).
1984—Subsec. (c).
Effective Date of 1990 Amendment
Amendment by
Administrative Process for Jones Act Waivers
"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
"(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.
"The Secretary may revoke an endorsement issued under section 502, after notice and an opportunity for public comment, if the Secretary determines that the employment of the vessel in the coastwise trade has substantially changed since the issuance of the endorsement, and—
"(1) the vessel is employed other than as a small passenger vessel or an uninspected passenger vessel; or
"(2) the employment of the vessel adversely affects—
"(A) United States vessel builders; or
"(B) the coastwise trade business of any person who employs vessels built in the United States.
"SEC. 504. DEFINITIONS.
"In this title:
"(1)
"(2)
"(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)
"SEC. 505. SUNSET.
"(a)
"(b)
Study and Report on Financing Methods
Section 1113(f) of
"(1)
"(2)
Application of Weight Limitations to Northern Mariana Islands
Section 303 of
Section Referred to in Other Sections
This section is referred to in
[§12107. Repealed. Pub. L. 104–324, title XI, §1115(a), Oct. 19, 1996, 110 Stat. 3972 ]
Section,
§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
(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 (
(
| 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
Amendments
1996—Subsec. (c)(1).
Subsec. (d).
1989—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1988—Subsec. (a)(3), (4).
Subsec. (c)(2).
Subsec. (d).
1984—Subsec. (c).
Effective Date of 1996 Amendment
Section 101(a) [title II, §211(b)] of div. A of
Savings Provision
Section 4 of
"(a) Notwithstanding the requirements of section 12108(a)(2) and (3) of
"(1)(A) was documented under
"(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
"(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
Definitions
Section 6(d) of
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
Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "Act of 1986".
§12109. Recreational endorsements
(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 (
(c) A documented vessel operating under a recreational endorsement may be operated only for pleasure.
(
| 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).
1989—
Subsec. (a).
"(1) eligible for documentation; and
"(2) to be operated only for pleasure."
Subsec. (b).
Subsec. (c).
1988—Subsec. (c).
1986—Subsec. (b).
1985—
Effective Date of 1988 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§12110. Limitations on operations authorized by certificates
(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.
(
| 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).
"(1) when a vessel is operated after its endorsement has been denied or revoked under
"(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).
1992—Subsec. (c).
1989—Subsec.(a).
Subsec. (c).
1988—Subsec. (a).
1985—Subsecs. (a), (c).
Effective Date of 1988 Amendment
Amendment by
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
Section Referred to in Other Sections
This section is referred to in
§12111. Surrender and invalidation of certificates of documentation
(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
(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)
(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
(
| 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
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
1996—Subsec. (a)(2).
1988—
Effective Date of 1988 Amendment
Amendment by
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
Documentation Surrender and Invalidation
"(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."
§12112. Vessels procured outside the United States
(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
(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.
(
| 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).
Subsec. (b).
1988—
Effective Date of 1988 Amendment
Amendment by
1 So in original. Probably should be "jurisdiction".
[§§12113 to 12116. Repealed. Pub. L. 100–710, title I, §106(b)(5), Nov. 23, 1988, 102 Stat. 4752 ]
Section 12113,
Section 12114,
Section 12115,
Section 12116,
Effective Date of Repeal
Repeal effective Jan. 1, 1989, with certain exceptions and qualifications, see section 106 of
§12117. Recording of United States built vessels
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.
(
| 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—
Effective Date of 1988 Amendment
Amendment by
[§12118. Repealed. Pub. L. 100–710, title I, §106(b)(5), Nov. 23, 1988, 102 Stat. 4752 ]
Section,
Effective Date of Repeal
Repeal effective Jan. 1, 1989, with certain exceptions and qualifications, see section 106 of
§12119. List of documented vessels
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.
(
| 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—
Effective Date of 1988 Amendment
Amendment by
§12120. Reports
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.
(
| 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—
Effective Date of 1988 Amendment
Amendment by
[§12121. Repealed. Pub. L. 100–710, title I, §106(b)(5), Nov. 23, 1988, 102 Stat. 4752 ]
Section,
Effective Date of Repeal
Repeal effective Jan. 1, 1989, with certain exceptions and qualifications, see section 106 of
| 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.
§12122. Penalties
(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
(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 (
(
| 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).
1998—Subsec. (c).
1996—Subsec. (a).
Subsec. (b).
Subsec. (c).
1986—Subsec. (a).
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
§12123. Denial and revocation of endorsements
When the owner of a vessel fails to pay a civil penalty assessed by the Secretary, the Secretary may deny the issuance or renewal of an endorsement or revoke the endorsement on a certificate of documentation issued under this chapter.
(Added
Prior Provisions
A prior section 12123, added
Section Referred to in Other Sections
This section is referred to in
§12124. Surrender of title and number
(a) A documented vessel shall not be titled by a State or required to display numbers under
(b) The Secretary may approve the surrender under subsection (a) of a certificate of title for a vessel covered by a preferred mortgage under
(Added
CHAPTER 123 —NUMBERING UNDOCUMENTED VESSELS
Chapter Referred to in Other Sections
This chapter is referred to in
§12301. Numbering vessels
(a) An undocumented vessel equipped with propulsion machinery of any kind shall have a number issued by the proper issuing authority in the State in which the vessel principally is operated.
(b) The Secretary shall require an undocumented barge more than 100 gross tons operating on the navigable waters of the United States to be numbered.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 12301 | 46:1466 |
Section 12301 requires that undocumented vessels that are propelled by machinery be issued an identification number by the proper issuing authority in the State in which the vessel is primarily operated.
Amendments
1992—
§12302. Standard numbering system
(a) The Secretary shall prescribe by regulation a standard numbering system for vessels to which this chapter applies. On application by a State, the Secretary shall approve a State numbering system that is consistent with the standard numbering system. In carrying out its numbering system, a State shall adopt any definitions of relevant terms prescribed by regulations of the Secretary.
(b) A State with an approved numbering system is the issuing authority within the meaning of this chapter. The Secretary is the issuing authority in a State in which a State numbering system has not been approved.
(c) When a vessel is numbered in a State, it is deemed in compliance with the numbering system of a State in which it temporarily is operated.
(d) When a vessel is removed to a new State of principal operation, the issuing authority of that State shall recognize the validity of the number issued by the original State for 60 days.
(e) If a State has a numbering system approved after the Secretary issues a number, the State shall recognize the validity of the number issued by the Secretary for one year.
(f) When the Secretary decides that a State numbering system is not being carried out consistent with the standard numbering system or the State has changed the system without the Secretary's approval, the Secretary may withdraw approval after giving notice to the State, in writing, stating the reasons for the withdrawal.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 12302 | 46:1467 |
Section 12302 provides for a standard numbering system for undocumented vessels and for approval of State numbering systems by the Secretary. It also requires that a State, when implementing its numbering system, adopt any relevant terms required by the Secretary. In States without approved numbering systems, the Federal Government issues the numbers. This section also provides for the operation of a vessel in a State other than the one in which it was numbered.
§12303. Exemption from numbering requirements
(a) When the Secretary is the authority issuing a number under this chapter, the Secretary may exempt a vessel or class of vessels from the numbering requirements of this chapter under conditions the Secretary may prescribe.
(b) When a State is the issuing authority, it may exempt from the numbering requirements of this chapter a vessel or class of vessels exempted under subsection (a) of this section or otherwise as permitted by the Secretary.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 12303 | 46:1468 |
Section 12303 permits the Secretary and any State, when it is the issuing authority, to exempt vessels from the numbering requirements.
§12304. Certificates of numbers
(a) A certificate of number is granted for a number issued under this chapter. The certificate shall be pocketsized, shall be at all times available for inspection on the vessel for which issued when the vessel is in operation, and may be valid for not more than 3 years. The certificate of number for a vessel less than 26 feet in length and leased or rented to another for the latter's noncommercial operation of less than 7 days may be retained on shore by the vessel's owner or representative at the place from which the vessel departs or returns to the possession of the owner or the owner's representative. A vessel that does not have the certificate of number on board shall be identified when in operation, and comply with requirements, as the issuing authority prescribes.
(b) The owner of a vessel numbered under this chapter shall provide—
(1) the issuing authority notice of the transfer of any part of the owner's interest in the vessel or of the destruction or abandonment of the vessel, within a reasonable time after the transfer, destruction, or abandonment; and
(2) notice of a change of address within a reasonable time of the change, as prescribed by regulation.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 12304 | 46:1469 |
Section 12304 describes a certificate of number and stipulates when it must be carried on board a vessel. It also requires that the number issuing authority be notified when a boat is sold, transferred, destroyed, or abandoned, or when the owner's address changes.
§12305. Displaying numbers
A number required by this chapter shall be painted on, or attached to, each side of the forward half of the vessel for which it was issued, and shall be the size, color, and type as may be prescribed by the Secretary. No other number may be carried on the forward half of the vessel.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 12305 | 46:1470 |
Section 12305 describes the manner in which a number must be displayed on a vessel, and prohibits the display of other numbers on the forward half of the vessel.
§12306. Safety certificates
When a State is the authority issuing a number under this chapter, it may require that the individual in charge of a numbered vessel have a valid safety certificate issued under conditions set by the issuing authority, except when the vessel is subject to manning requirements under part F of this subtitle.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 12306 | 46:1471 |
Section 12306 authorizes a State that is an issuing authority to require a numbered vessel operator to hold a valid safety certificate, unless the vessel is subject to manning requirements under part F of this subtitle.
§12307. Regulations on numbering and fees
The authority issuing a number under this chapter may prescribe regulations and establish fees to carry out the intent of this chapter. The fees shall apply equally to residents and nonresidents of the State. A State issuing authority may impose only conditions for vessel numbering that are—
(1) prescribed by this chapter or regulations of the Secretary about the standard numbering system; or
(2) related to proof of payment of State or local taxes.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 12307 | 46:1472 |
Section 12307 provides the States or the Secretary with the authority to prescribe regulations and establish fees for carrying out the requirements of this chapter. The fee must apply equally to residents and nonresidents of the State in which the vessel is numbered.
§12308. Providing vessel numbering and registration information
A person may request from an authority issuing a number under this chapter the numbering and registration information of a vessel that is retrievable from vessel numbering system records of the issuing authority. When the issuing authority is satisfied that the request is reasonable and related to a boating safety purpose, the information shall be provided on paying the cost of retrieving and providing the information requested.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 12308 | 46:1473 |
Section 12308 requires the number issuing authority to supply for a fee, numbering and registration information to any person, upon request, if the request is reasonable and related to boating safety.
§12309. Penalties
(a) A person willfully violating this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both.
(b) A person violating this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $1,000. If the violation involves the operation of a vessel, the vessel also is liable in rem for the penalty.
(c) When a civil penalty of not more than $200 has been assessed under this chapter, the Secretary may refer the matter of collection of the penalty directly to the United States magistrate judge of the jurisdiction in which the person liable may be found for collection procedures under supervision of the district court and under an order issued by the court delegating this authority under
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 12309(a) | 46:1483 |
| 12309(b) | 46:1484(b) |
| 12309(c) | 46:1484(d) |
Section 12309 provides for civil and criminal penalties for violation of the vessel numbering provisions in this title.
Change of Name
"United States magistrate judge" substituted for "United States magistrate" in subsec. (c) pursuant to section 321 of
CHAPTER 125 —VESSEL IDENTIFICATION SYSTEM
Historical and Revision Notes
Section 101 of H.R. 3105, as amended, adds a new
Chapter Referred to in Other Sections
This chapter is referred to in
§12501. Establishment of a vessel identification system
(a) The Secretary of Transportation shall establish a vessel identification system to make available information under
(1) the ownership of documented vessels;
(2) the ownership of vessels numbered under
(3) the ownership of vessels titled under the law of a State.
(b) The vessel identification system shall include information prescribed by the Secretary including—
(1) identifying a vessel;
(2) identifying the owner of the vessel, including—
(A) the owner's social security number or, if that number is not available, other means of identification acceptable to the Secretary; or
(B) for an owner other than an individual—
(i) the owner's taxpayer identification number; or
(ii) if the owner 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 owner and who signed the application for documentation or numbering for the vessel;
(3) identifying the State in which it is titled or numbered;
(4) indicating whether the vessel is numbered or titled, or both;
(5) if titled in a State, indicating where evidence of a lien or other security interest may be found against the vessel in that State; and
(6) information assisting law enforcement officials.
(c) The Secretary may maintain information under this chapter in connection with any other information system maintained by the Secretary.
(
Historical and Revision Notes
Revised section 12501
Subsection (a) of section 12501 requires the Secretary of Transportation to establish a system of information concerning vessels of the United States for law enforcement and other purposes. The Secretary is required to make available information from the system relating to the ownership of vessels documented under
Subsection (b) lists the vessel identification information which is required to be maintained by the Secretary. The Secretary has the authority to prescribe other information to be maintained in addition to the items listed. For example, the Secretary may identify vessels issued fisheries permits by the Department of Commerce. The Secretary may also monitor transactions involving vessels that require approval by the Secretary under section 9 of the Shipping Act, 1916 (46 App. U.S.C. 808) before interest or control in the vessel may be transferred to a noncitizen.
Subsection (c) clarifies that the Secretary has the flexibility to maintain this system in connection with any other information system maintained by the Secretary, including the Federal Aviation Administration system containing aircraft ownership information. This would also permit the Secretary to combine various systems and data bases maintained by the Secretary such as documentation and numbering of vessels, and safety, casualty, and law enforcement statistics.
Amendments
1990—Subsec. (b)(2)(A).
1989—Subsec. (b)(2).
Effective Date
Chapter effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of
Records and Other Information; Establishment, Centralization and Computerization
Section 104(e)(2) of title I of
"(A) collected under
"(B) transferred to or collected by the Secretary under
Personnel and Equipment; Recruitment, Compensation, Training, Purchasing, or Deployment
Section 104(g) of
§12502. Identification numbers, signal letters, and markings
(a) For the identification of a vessel of the United States, the Secretary of Transportation—
(1) shall maintain a unique numbering system and assign a number to each vessel of the United States;
(2) may maintain a system of signal letters for a documented vessel;
(3) shall record a name selected by the owner of a documented vessel approved by the Secretary as the vessel's name of record; and
(4) may establish other identification markings.
(b) The manufacturer or owner of a vessel shall affix to the vessel and maintain in the manner prescribed by the Secretary the number assigned and any other markings the Secretary may require.
(c) Once a number is assigned under this section, it may not be used by another vessel.
(d) Once a documented vessel's name is established, the name may not be changed without the approval of the Secretary.
(e) A person may not tamper with or falsify a number or other marking required under this section.
(
Historical and Revision Notes
Revised section 12502
Subsection (a) of this section requires the Secretary to maintain a unique numbering system for vessels of the United States. The Secretary may use existing vessel numbering systems such as the hull identification number for this purpose, but must ensure that no two existing vessels of the United States have the same number. The Secretary should consider and propose the use of a 17-digit number to implement this requirement. This subsection also requires the Secretary to maintain a system of signal letters and to record vessel names for documented vessels. The Secretary is authorized to establish other vessel identification markings for vessels of the United States, such as hailing ports.
Subsections (b), (c), (d), and (e) contain other requirements and restrictions concerning vessel identification markings.
This section consolidates the requirements of
Vessels Not Having Unique Number; Applicability of Provisions for Number Assignment
Section 104(f) of
"(1) the next time the vessel is documented, numbered, or titled.
"(2) January 1, 1995."
Section Referred to in Other Sections
This section is referred to in
§12503. Information available to the system
(a) Except as provided in subsections (b) and (c) of this section, a State or a State's delegee approved by the Secretary of Transportation may make information available to the Secretary if, in a manner and form prescribed by the Secretary, the State—
(1) identifies the vessel;
(2) identifies the owner of the vessel, including by—
(A) the owner's social security number or, if that number is not available, other means of identification acceptable to the Secretary; or
(B) for an owner other than an individual—
(i) the owner's taxpayer identification number; or
(ii) if the owner 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 owner and who signed the application for documentation or numbering for the vessel;
(3) identifies the State in which it is titled or numbered;
(4) indicates whether the vessel is numbered or titled, or both;
(5) if titled in a State, indicates where evidence of a lien or other security interest may be found against the vessel in that State;
(6) includes information to assist law enforcement; and
(7) includes other information agreed to by the Secretary and the State.
(b) Except as provided in subsection (c) of this section, the Secretary also may accept information under conditions and in a manner and form prescribed by the Secretary.
(c) The Secretary shall—
(1) retain information on a vessel with a preferred mortgage under
(2) accept information under
(
Historical and Revision Notes
Revised section 12503
Subsection (a) of section 12503 allows a State or approved State delegee to make vessel identification information available to the Secretary. Participation in the system is voluntary on the part of a State. A benefit to boat purchasers and financiers in States with approved titling systems participating in this system is that vessel mortgages or financing instruments made in those States are deemed to be preferred mortgages under
Under subsection (a), the Secretary may prescribe the manner and form in which the information is made available by the States. In this regard, the Committee intends that the Secretary employ the most efficient, up-to-date computer technology in maintaining information made available from the States to avoid duplication of effort in maintaining information and to reduce the costs of the system. In addition to the vessel identification information made available by States under paragraphs (1)–(6), the Secretary and a State may agree that the State make available other information. For example, the purpose for which a vessel is routinely used would be valuable information for the system.
The Committee intends that most of the information in the system will become available directly and exclusively from the States to the greatest extent possible. However, under subsection (b), the Secretary may accept information from others under conditions and in a manner and form prescribed by the Secretary. Thus, if the Secretary discovers a valuable and reliable source of data that can be conveniently made available to the system, the Secretary can approve it.
Under paragraph (c)(1), the Secretary must maintain information on a State-titled vessel with a preferred mortgage that moves to a nonparticipating, nontitle State, until the mortgage is discharged or the vessel is sold. Under paragraph (c)(2), the Secretary must accept information submitted under
Amendments
1990—Subsec. (a)(2)(A).
1989—Subsec. (a)(2).
Section Referred to in Other Sections
This section is referred to in
§12504. Information available from the system
For law enforcement or other purposes and under conditions prescribed by the Secretary of Transportation, the Secretary—
(1) shall make available information in the vessel identification system to a State making information available under
(2) may make available information in the vessel identification system to others.
(
Historical and Revision Notes
Revised section 12504
This section requires that the Secretary make available information maintained in the vessel identification system to a State participating in the system for law enforcement or other purposes. The Secretary may make available information in the system to others, under conditions the Secretary may prescribe. At first, the Secretary may elect to deal only with the States. However, the Committee firmly expects that information will be made available through computer terminals in satellite offices or direct computer access by modem. In this manner, boating organizations or financial or documentation services could retrieve data without paper transactions for a fee.
Amendments
1989—
§12505. Fees
(a) The Secretary of Transportation may charge a fee under
(1) an agency; or
(2) a State making information available to the Secretary under
(b) The Secretary shall deposit amounts transferred or collected under this section in the general fund of the Treasury as proprietary receipts of the Secretary and ascribed to the vessel identification system.
(
Historical and Revision Notes
Revised section 12505
This section contains the authority for the Secretary to charge a fee under the user charge law,
Under subsection (b) of this section, the Secretary may collect an annual fee of not more than $1.00 from the owner of a vessel of the United States under
Under subsection (d) of this section, if a State is employed to collect the fee, the State may retain one-half of the amounts collected, and must transfer the remainder to the Secretary. The amounts retained by a State may be used to cover the costs of making vessel identification information available to the Secretary. This includes upgrading or establishing titling systems as well as making improvements and other changes to vessel numbering systems to make information available. Because States are allowed to make improvements to their vessel titling and numbering systems with the amounts retained under this section, the costs of those programs may decrease. This could result in a corresponding decrease in State numbering fees and offset vessel identification system fees paid by vessel owners.
Amendments
1990—Subsec. (b).
Subsecs. (c), (d).
"(c) The Secretary may employ any agency, State, or person to collect the fee established under subsection (b) of this section.
"(d) If a State is employed to collect a fee under subsection (c) of this section, the State may retain one-half of the amounts collected. A State shall transfer one-half of the amounts collected under subsection (b) of this section to the Secretary."
Subsec. (e).
Subsec. (f).
Annual Fee Prior to Jan. 1, 1992
Section 104(e)(1) of
Section Referred to in Other Sections
This section is referred to in
§12506. Delegation of authority
The Secretary of Transportation may delegate to an agency, a State, or a qualified person the authority to—
(1) establish and maintain the vessel identification system; and
(2) charge fees under
(
Historical and Revision Notes
Revised section 12506
This section allows the Secretary to delegate the authority to establish and maintain the vessel identification system to an agency, a State, or a qualified person. The Secretary may also delegate the authority to charge fees under section 12505 for requesting information from or making information available to the vessel identification system.
§12507. Penalties
(a) A person shall be fined under title 18, imprisoned for not more than 2 years, or both, if the person with the intent to defraud—
(1) provides false information to the Secretary of Transportation or a State issuing authority regarding the identification of a vessel under this chapter; or
(2) tampers with, removes, or falsifies the unique vessel identification number assigned to a vessel under
(b) A person is liable to the United States Government for a civil penalty of not more than $10,000 if the person—
(1) provides false information to the Secretary or a State issuing authority regarding the identification of a vessel under this chapter;
(2) violates
(3) fails to comply with requirements prescribed by the Secretary under
(c) A vessel involved in a violation of this chapter, or regulation under this chapter, and its equipment, may be seized by, and forfeited to, the Government.
(d) If a person, not an individual, is involved in a violation of this chapter, the president or chief executive of the person also is subject to any penalty provided under this section.
(
Historical and Revision Notes
Revised section 12507
This section establishes criminal and civil penalties for certain violations of