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46 U.S.C. § 31301 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this chapter—
(1) “acknowledge” means making—
(A) an acknowledgment or notarization before a notary public or other official authorized by a law of the United States or a State to take acknowledgments of deeds; or
(B) a certificate issued under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, 1961;
(2) “district court” means—
(A) a district court of the United States (as defined in [section 451 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim));
(B) the District Court of Guam;
(C) the District Court of the Virgin Islands;
(D) the District Court for the Northern Mariana Islands;
(E) the High Court of American Samoa; and
(F) any other court of original jurisdiction of a territory or possession of the United States;
(3) “mortgagee” means—
(A) a person to whom property is mortgaged; or
(B) when a mortgage on a vessel involves a trust, the trustee that is designated in the trust agreement;
(4) “necessaries” includes repairs, supplies, towage, and the use of a dry dock or marine railway;
(5) “preferred maritime lien” means a maritime lien on a vessel—
(A) arising before a preferred mortgage was filed under [section 31321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31321&num=0&edition=prelim);
(B) for damage arising out of maritime tort;
(C) for wages of a stevedore when employed directly by a person listed in [section 31341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31341&num=0&edition=prelim);
(D) for wages of the crew of the vessel;
(E) for general average; or
(F) for salvage, including contract salvage;
(6) “preferr
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Source file: Laws/federal/codes/united-states-code/title-46/section-31301-definitions--ecb198aba6.md
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Source location: Title 46, Chapter 313, § 31301; chapter-313-commercial-instruments-and-maritime-liens.md
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In this chapter—
(1) “acknowledge” means making—
(A) an acknowledgment or notarization before a notary public or other official authorized by a law of the United States or a State to take acknowledgments of deeds; or
(B) a certificate issued under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, 1961;
(2) “district court” means—
(A) a district court of the United States (as defined in [section 451 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim));
(B) the District Court of Guam;
(C) the District Court of the Virgin Islands;
(D) the District Court for the Northern Mariana Islands;
(E) the High Court of American Samoa; and
(F) any other court of original jurisdiction of a territory or possession of the United States;
(3) “mortgagee” means—
(A) a person to whom property is mortgaged; or
(B) when a mortgage on a vessel involves a trust, the trustee that is designated in the trust agreement;
(4) “necessaries” includes repairs, supplies, towage, and the use of a dry dock or marine railway;
(5) “preferred maritime lien” means a maritime lien on a vessel—
(A) arising before a preferred mortgage was filed under [section 31321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31321&num=0&edition=prelim);
(B) for damage arising out of maritime tort;
(C) for wages of a stevedore when employed directly by a person listed in [section 31341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31341&num=0&edition=prelim);
(D) for wages of the crew of the vessel;
(E) for general average; or
(F) for salvage, including contract salvage;
(6) “preferred mortgage”—
(A) means a mortgage that is a preferred mortgage under [section 31322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31322&num=0&edition=prelim); and
(B) also means in sections 31325 and 31326 of this title, a mortgage, hypothecation, or similar charge that is established as a security on a foreign vessel if the mortgage, hypothecation, or similar charge was executed under the laws of the foreign country under whose laws the ownership of the vessel is documented and has been registered under those laws in a public register at the port of registry of the vessel or at a central office; and
(7) “Secretary” means the Secretary of the Department of Homeland Security, unless otherwise noted.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this title:
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 451
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A bill of sale, conveyance, mortgage, assignment, or related instrument, whenever made, that includes any part of a documented vessel or a vessel for which an application for documentation is filed, must be filed with the Secretary to be valid, to the extent the vessel is involved, against any person except—
(A) the grantor, mortgagor, or assignor;
(B) the heir or devisee of the grantor, mortgagor, or assignor; and
(C) a person having actual notice of the sale, conveyance, mortgage, assignment, or related instrument.
(2) Each bill of sale, conveyance, mortgage, assignment, or related instrument that is filed in substantial compliance with this section is valid against any person from the time it is filed with the Secretary.
(3) The parties to an instrument or an application for documentation shall use diligence to ensure that the parts of the instrument or application for which they are responsible are in substantial compliance with the filing and documentation requirements.
(4) A bill of sale, conveyance, mortgage, assignment, or related instrument may be filed electronically under regulations prescribed by the Secretary.
**(b)** To be filed, a bill of sale, conveyance, mortgage, assignment, or related instrument must—
(1) identify the vessel;
(2) state the name and address of each party to the instrument;
(3) state, if a mortgage, the amount of the direct or contingent obligations (in one or more units of account as agreed to by the parties) that is or may become secured by the mortgage, excluding interest, expenses, and fees;
(4) state the interest of the grantor, mortgagor, or assignor in the vessel;
(5) state the interest sold, conveyed, mortgaged, or assigned; and
(6) be signed and acknowledged.
**(c)** If a bill of sale, conveyanc
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 31321
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The following persons are presumed to have authority to procure necessaries for a vessel:
(1) the owner;
(2) the master;
(3) a person entrusted with the management of the vessel at the port of supply; or
(4) an officer or agent appointed by—
(A) the owner;
(B) a charterer;
(C) an owner pro hac vice; or
(D) an agreed buyer in possession of the vessel.
**(b)** A person tortiously or unlawfully in possession or charge of a vessel has no authority to procure necessaries for the vessel.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 31341
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle—
(1) “associated equipment”—
(A) means—
(i) a system, accessory, component, or appurtenance of a recreational vessel; or
(ii) a marine safety article intended for use on board a recreational vessel; but
(B) with the exception of emergency locator beacons for recreational vessels operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes, does not include radio equipment.
(2) “Coast Guard” means the organization established and continued under [section 101 of title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section101&num=0&edition=prelim).
(3) “Commandant” means the Commandant of the Coast Guard.
(4) “commercial service” includes any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel.
(5) “consideration” means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies.
(6) “crude oil” means a liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added.
(7) “crude oil tanker” means a tanker engaged in the trade of carrying crude oil.
(8) “dangerous drug” means a narcotic drug, a controlled substance, or a controlled substance analog (as defined in section 102 of the Com
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A preferred mortgage is a mortgage, whenever made, that—
(1) includes the whole of the vessel;
(2) is filed in substantial compliance with [section 31321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31321&num=0&edition=prelim);
(3)
(A) covers a documented vessel; or
(B) covers a vessel for which an application for documentation is filed that is in substantial compliance with the requirements of chapter 121 of this title and the regulations prescribed under that chapter; and
(4) with respect to a vessel with a fishery endorsement that is 100 feet or greater in registered length, has as the mortgagee—
(A) a person eligible to own a vessel with a fishery endorsement under [section 12113(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12113/c&num=0&edition=prelim);
(B) a State or federally chartered financial institution that is insured by the Federal Deposit Insurance Corporation;
(C) a farm credit lender established under title 12, chapter 23 of the United States Code;
(D) a commercial fishing and agriculture bank established pursuant to State law;
(E) a commercial lender organized under the laws of the United States or of a State and eligible to own a vessel for purposes of documentation under [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim); or
(F) a mortgage trustee under subsection (f) of this section.
**(b)** Any indebtedness secured by a preferred mortgage that is filed or recorded under this chapter, or that is subject to a mortgage, security agreement, or instruments granting a security interest that is deemed to be a preferred mortgage under subsection
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 31322
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Restrictions.—**
(1) **In General.—** — Except as otherwise provided in this section, [section 12119 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12119&num=0&edition=prelim), or section 611 of the Merchant Marine Act, 1936, a person may not, without the approval of the Secretary of Transportation—
(A) sell, lease, charter, deliver, or in any other manner transfer, or agree to sell, lease, charter, deliver, or in any other manner transfer, to a person not a citizen of the United States, an interest in or control of—
(i) a documented vessel owned by a citizen of the United States; or
(ii) a vessel last documented under the laws of the United States; or
(B) place under foreign registry, or operate under the authority of a foreign country, a documented vessel or a vessel last documented under the laws of the United States.
(2) **Exceptions.—** — Paragraph (1)(A) does not apply to a vessel that has been operated only for pleasure or only as a fishing vessel, fish processing vessel, or fish tender vessel (as defined in [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101&num=0&edition=prelim)).
**(b) Approval Before Documentation.—** To promote financing with respect to a vessel to be documented under chapter 121 of this title, the Secretary may grant approval under subsection (a) before the vessel is documented.
**(c) Exceptions.—** Notwithstanding any other provision of this subtitle, the Merchant Marine Act, 1936, or any contract with the Secretary made under this subtitle or that Act, a person may place a vessel under foreign registry without the approval of the Secretary if—
(1)
(A) the Secretary, in conjunction with the Secretary of Defens
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 56101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case—
(1) in which the foreign state has waived its immunity either explicitly or by implication, notwithstanding any withdrawal of the waiver which the foreign state may purport to effect except in accordance with the terms of the waiver;
(2) in which the action is based upon a commercial activity carried on in the United States by the foreign state; or upon an act performed in the United States in connection with a commercial activity of the foreign state elsewhere; or upon an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the United States;
(3) in which rights in property taken in violation of international law are in issue and that property or any property exchanged for such property is present in the United States in connection with a commercial activity carried on in the United States by the foreign state; or that property or any property exchanged for such property is owned or operated by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States;
(4) in which rights in property in the United States acquired by succession or gift or rights in immovable property situated in the United States are in issue;
(5) not otherwise encompassed in paragraph (2) above, in which money damages are sought against a foreign state for personal injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the sc
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1605
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Transportation shall establish a vessel identification system to make available information under [section 12503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12503&num=0&edition=prelim) for use by the public for law enforcement and other purposes relating to—
(1) the ownership of documented vessels;
(2) the ownership of vessels numbered under chapter 123 of this title; and
(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12501
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12502
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsections (b) and (c) of this section, a State or a State’s delegate 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 [section 31322(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31322/d&num=0&edition=prelim) that is no longer titled in a State making information available to the Secretary under this chapter until the mortgage is discharged or
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12503
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