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46 U.S.C. § 12103 — General eligibility requirements
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as otherwise provided, a certificate of documentation for a vessel may be issued under this chapter only if the vessel is—
(1) wholly owned by one or more individuals or entities described in subsection (b);
(2) at least 5 net tons as measured under part J of this subtitle; and
(3) not documented under the laws of a foreign country.
**(b) Eligible Owners.—** For purposes of subsection (a)(1), the following are eligible owners:
(1) An individual who is a citizen of the United States.
(2) An association, trust, joint venture, or other entity if—
(A) each of its members is a citizen of the United States; and
(B) it is capable of holding title to a vessel under the laws of the United States or a State.
(3) A partnership if—
(A) each general partner is a citizen of the United States; and
(B) the controlling interest in the partnership is owned by citizens of the United States.
(4) A corporation if—
(A) it is incorporated under the laws of the United States or a State;
(B) its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and
(C) no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum.
(5) The United States Government.
(6) The government of a State.
**(c) Temporary Certificates Prior to Measurement.—** Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.
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Stable record: federal_law:legal_authorities:record_usc_5dc28a31b8366f64e5ad0ed9
Source file: Laws/federal/codes/united-states-code/title-46/section-12103-general-eligibility-requirements--27f9517592.md
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Source location: Title 46, Chapter 121, § 12103; chapter-121-documentation-of-vessels.md
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**(a) In General.—** Except as otherwise provided, a certificate of documentation for a vessel may be issued under this chapter only if the vessel is—
(1) wholly owned by one or more individuals or entities described in subsection (b);
(2) at least 5 net tons as measured under part J of this subtitle; and
(3) not documented under the laws of a foreign country.
**(b) Eligible Owners.—** For purposes of subsection (a)(1), the following are eligible owners:
(1) An individual who is a citizen of the United States.
(2) An association, trust, joint venture, or other entity if—
(A) each of its members is a citizen of the United States; and
(B) it is capable of holding title to a vessel under the laws of the United States or a State.
(3) A partnership if—
(A) each general partner is a citizen of the United States; and
(B) the controlling interest in the partnership is owned by citizens of the United States.
(4) A corporation if—
(A) it is incorporated under the laws of the United States or a State;
(B) its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and
(C) no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum.
(5) The United States Government.
(6) The government of a State.
**(c) Temporary Certificates Prior to Measurement.—** Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in [section 12152 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12152&num=0&edition=prelim), the Secretary, on receipt of a proper application, shall issue a certificate of documentation or a temporary certificate of documentation for a vessel satisfying the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim). The certificate shall contain each endorsement under subchapter II of this chapter for which the owner applies and the vessel is eligible.
**(b) Temporary Certificates for Recreational Vessels.—** The Secretary may delegate, subject to the supervision and control of the Secretary and under terms prescribed by regulation, to private entities determined and certified by the Secretary to be qualified, the authority to issue a temporary certificate of documentation for a recreational vessel eligible under [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim). A temporary certificate issued under this subsection is valid for not more than 30 days.
**(c) Information To Be Included in Certificate.—** A 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) Procedures To Ensure Integrity and Accuracy.—** The Secretary shall prescribe procedures to ensure the integrity of, and the accuracy of information contained in, certificates of documentation.
**(e) Effective Period.—**
(1) **In general.—** — Except as provided in paragraphs (2) and (3), a certificate of documentation issue
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements.—** A registry endorsement may be issued for a vessel that satisfies the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim).
**(b) Authorized Activity.—** A vessel for which a registry endorsement is issued may engage in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef.
**(c) Certain Vessels Owned by Trusts.—**
(1) **Nonapplication of beneficiary citizenship requirement.—** — For the issuance of a certificate of documentation with only a registry endorsement, the beneficiaries of a trust are not required to be citizens of the United States if the trust qualifies under paragraph (2) and the vessel is subject to a charter to a citizen of the United States.
(2) **Requirements for trust to qualify.—**
(A) *In general.—* — Subject to subparagraph (B), a trust qualifies under this paragraph with respect to a vessel only if—
(i) each trustee 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) *Authority of non-citizens.—* — If any person that is not a citizen of the United States has authority to direct or participate in
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12111
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements.—** A coastwise endorsement may be issued for a vessel that—
(1) satisfies the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim);
(2)
(A) was built in the United States; or
(B) if not built in the United States—
(i) was captured in war by citizens of the United States and lawfully condemned as prize;
(ii) was adjudged to be forfeited for a breach of the laws of the United States; or
(iii) qualifies as a wrecked vessel under [section 12107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12107&num=0&edition=prelim); and
(3) otherwise qualifies under the laws of the United States to engage in the coastwise trade.
**(b) Authorized Activity.—** Subject to the laws of the United States regulating the coastwise trade, a vessel for which a coastwise endorsement is issued may engage in the coastwise trade.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12112
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements.—** A fishery endorsement may be issued for a vessel that—
(1) satisfies the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim) and, if owned by an entity, the entity satisfies the ownership requirements in subsection (c);
(2) was built in the United States;
(3) if rebuilt, was rebuilt in the United States;
(4) was not forfeited to the United States Government after July 1, 2001, for a breach of the laws of the United States; and
(5) otherwise qualifies under the laws of the United States to engage in the fisheries.
**(b) Authorized Activity.—**
(1) **In general.—** — Subject to the laws of the United States regulating the fisheries, a vessel for which a fishery endorsement is issued may engage in the fisheries.
(2) **Use by prohibited persons.—** — A fishery endorsement is invalid immediately if the vessel for which it is issued is used as a fishing vessel while it 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.
**(c) Ownership Requirements for Entities.—**
(1) **In general.—** — A vessel owned by an entity is eligible for a fishery endorsement only if at least 75 percent of the interest in the entity, at each tier of ownership and in the aggregate, is owned and controlled by citizens of the United States.
(2) **Determining 75 percent interest.—** — In determining whether at least 75 percent of the interest in the entity is owned and controlled by citizens of the United States under paragraph (1), the Secretary shall apply [section 50501(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-sectio
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12113
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements.—** A recreational endorsement may be issued for a vessel that satisfies the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim).
**(b) Authorized Activity.—** A vessel operating under a recreational endorsement may be operated only for pleasure.
**(c) Application of Customs Laws.—** A vessel for which a recreational endorsement is issued may proceed between a port of the United States and a port of a foreign country without entering or clearing with the Secretary of Homeland Security. However, a recreational vessel is subject to the requirements for reporting arrivals under section 433 of the Tariff Act of 1930 ([19 U.S.C. 1433](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1433&num=0&edition=prelim)), and individuals on the vessel are subject to applicable customs regulations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—** The Secretary 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 and meeting the ownership requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim).
**(b) Authorized Activity.—** Subject to limitations the Secretary may prescribe, a vessel documented under this section may proceed to the United States and engage en route in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef.
**(c) Application of United States Jurisdiction and Laws.—** A vessel documented under this section is subject to the jurisdiction and laws of the United States. However, if the Secretary considers it to be in the public interest, the Secretary 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.
**(d) Surrender of Certificate.—** On the vessel’s arrival in the United States, the certificate of documentation shall be surrendered as provided by regulations prescribed by the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12115
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Endorsements.—** A vessel satisfying the requirements of subsection (b) may be issued—
(1) a coastwise endorsement to engage in the coastwise trade of fisheries products between places in Guam, American Samoa, and the Northern Mariana Islands; or
(2) 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.
**(b) Requirements.—** An endorsement may be issued under subsection (a) for a vessel that—
(1) satisfies the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim);
(2) was not built in the United States, except that for an endorsement under subsection (a)(2), the vessel must not have been built or rebuilt in the United States;
(3) is less than 200 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage as measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim); and
(4) otherwise qualifies under the laws of the United States to engage in the coastwise trade or the fisheries, as the case may be.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12116
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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)** A documented vessel may be sold by order of a district court only to—
(1) a person eligible to own a documented vessel under [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim); or
(2) a mortgagee of that vessel.
**(b)** When a vessel is sold to a mortgagee not eligible to own a documented vessel—
(1) the vessel must be held by the mortgagee for resale;
(2) the vessel held by the mortgagee is subject to chapter 563 of this title; and
(3) the sale of the vessel to the mortgagee is not a sale to a person not a citizen of the United States under [section 12132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12132&num=0&edition=prelim).
**(c)** Unless waived by the Secretary of Transportation, a person purchasing a vessel by court order under subsection (a)(1) of this section or from a mortgagee under subsection (a)(2) of this section must document the vessel under chapter 121 of this title.
**(d)** The vessel may be operated by the mortgagee not eligible to own a documented vessel only with the approval of the Secretary of Transportation.
**(e)** A sale of a vessel contrary to this section is void.
**(f)** This section does not apply to a documented vessel that has been operated only for pleasure.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 31329
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), the Secretary shall issue, and may from time to time amend or repeal, regulations necessary to implement subchapters I through III and this subchapter.
**(b) Consultation.—** In the exercise of the regulatory authority under subchapters I through III and this subchapter, the Secretary shall consult with, and receive and consider the views of all interested persons, including—
(1) interested Federal departments and agencies;
(2) officials of State and local governments;
(3) representatives of the maritime community;
(4) representatives of port and harbor authorities or associations;
(5) representatives of environmental groups;
(6) any other interested persons who are knowledgeable or experienced in dealing with problems involving vessel safety, port and waterways safety, and protection of the marine environment; and
(7) advisory committees consisting of all interested segments of the public when the establishment of such committees is considered necessary because the issues involved are highly complex or controversial.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 70034
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