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46 U.S.C. § 80104 — Salvaging operations by foreign vessels
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition.—** Except as provided in this section or [section 80105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section80105&num=0&edition=prelim), a foreign vessel may not, under penalty of forfeiture, engage in salvaging operations on the Atlantic or Pacific coast of the United States, in any portion of the Great Lakes or their connecting or tributary waters, including any portion of the Saint Lawrence River through which the international boundary line extends, or in territorial waters of the United States on the Gulf of Mexico.
**(b) When Suitable Vessel Not Available.—** The Secretary of Homeland Security may authorize a foreign vessel to engage in salvaging operations in a particular locality if, on investigation, the Secretary is satisfied that there is not available in that locality a suitable vessel that is—
(1) owned only by citizens of the United States (including a Bowaters corporation under [section 12118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12118&num=0&edition=prelim)); and
(2) documented under chapter 121 of this title or numbered under chapter 123 of this title.
**(c) Operations Authorized by Treaty.—** This section does not prohibit or restrict assistance to vessels or salvaging operations authorized by treaty, including—
(1) article II of the Treaty between the United States and Great Britain concerning reciprocal rights for United States and Canada in the conveyance of prisoners and wrecking and salvage, signed at Washington, May 18, 1908 (35 Stat. 2036); or
(2) the Treaty between the United States of America and Mexico to facilitate assistance to and salvage of vessels in territorial waters, signed at Mexico City, June 13, 1935 (49 Stat. 3359).
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Stable record: federal_law:legal_authorities:record_usc_7d77f35a065cd6d8628a246b
Source file: Laws/federal/codes/united-states-code/title-46/section-80104-salvaging-operations-by-foreign-vessels--87fb55d4b7.md
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Source location: Title 46, Chapter 801, § 80104; chapter-801-wrecks-and-salvage.md
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**(a) Prohibition.—** Except as provided in this section or [section 80105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section80105&num=0&edition=prelim), a foreign vessel may not, under penalty of forfeiture, engage in salvaging operations on the Atlantic or Pacific coast of the United States, in any portion of the Great Lakes or their connecting or tributary waters, including any portion of the Saint Lawrence River through which the international boundary line extends, or in territorial waters of the United States on the Gulf of Mexico.
**(b) When Suitable Vessel Not Available.—** The Secretary of Homeland Security may authorize a foreign vessel to engage in salvaging operations in a particular locality if, on investigation, the Secretary is satisfied that there is not available in that locality a suitable vessel that is—
(1) owned only by citizens of the United States (including a Bowaters corporation under [section 12118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12118&num=0&edition=prelim)); and
(2) documented under chapter 121 of this title or numbered under chapter 123 of this title.
**(c) Operations Authorized by Treaty.—** This section does not prohibit or restrict assistance to vessels or salvaging operations authorized by treaty, including—
(1) article II of the Treaty between the United States and Great Britain concerning reciprocal rights for United States and Canada in the conveyance of prisoners and wrecking and salvage, signed at Washington, May 18, 1908 (35 Stat. 2036); or
(2) the Treaty between the United States of America and Mexico to facilitate assistance to and salvage of vessels in territorial waters, signed at Mexico City, June 13, 1935 (49 Stat. 3359).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Canadian vessels and wrecking equipment may give aid to Canadian or other vessels and property wrecked, disabled, or in distress in the waters of the United States contiguous to Canada, including—
(1) the canal and improvement of the waters between Lake Erie and Lake Huron; and
(2) the Saint Marys River and canal.
**(b) Reciprocity.—** This section does not apply after the President proclaims that privileges reciprocal to those under subsection (a) have been withdrawn or rendered inoperative by the Government of Canada.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 80105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Bowaters corporation.—** — The term “Bowaters corporation” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that—
(A) the corporation is incorporated under the laws of the United States or a State;
(B) a majority of the officers and directors of the corporation are individuals who are citizens of the United States;
(C) at least 90 percent of the employees of the corporation are residents of the United States;
(D) the corporation is engaged primarily in a manufacturing or mineral industry in the United States;
(E) the total book value of the vessels owned by the corporation is not more than 10 percent of the total book value of the assets of the corporation; and
(F) the corporation buys or produces in the United States at least 75 percent of the raw materials used or sold in its operations.
(2) **Parent.—** — The term “parent” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that the corporation—
(A) is incorporated under the laws of the United States or a State; and
(B) controls, directly or indirectly, at least 50 percent of the voting stock of a Bowaters corporation.
(3) **Subsidiary.—** — The term “subsidiary” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that the corporation—
(A) is incorporated under the laws of the United States or a State; and
(B) has at least 50 percent of its voting stock controlled, directly or indirectly, by a Bowaters corporation or its parent.
**(b) Deemed Cit
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12118
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Federal law — U.S. Code and appendices · legal_authorities
Page 600
TITLE 46—SHIPPING
§ 80101
authorized to enforce applicable provisions
of United States law;
(B) classed by and designed in accordance
with the rules of a classification society;
(C) lawfully operated in government-regu-
lated or licensed activity, including com-
merce, research, or exploration; or
(D) equipped with and using an operable
automatic
identification
system,
vessel
monitoring system, or long range identifica-
tion and tracking system.
(2) PRODUCTION OF DOCUMENTS.—The defenses
provided by this subsection are proved conclu-
sively by the production of—
(A) government documents evidencing the
vessel’s nationality at the time of the of-
fense, as provided in article 5 of the 1958
Convention on the High Seas;
(B) a certificate of classification issued by
the vessel’s classification society upon com-
pletion of relevant classification surveys and
valid at the time of the offense; or
(C) government documents evidencing li-
censure, regulation, or registration for re-
search or exploration.
(d) CIVIL PENALTY.—A person violating this
section shall be liable to the United States for a
civil penalty of not more than $1,000,000.
(Added Pub. L. 110–407, title II, § 202(a), Oct. 13,
2008, 122 Stat. 4299.)
Subtitle VIII—Miscellaneous
Chapter
Sec.
801.
Wrecks and Salvage ............................
80101
803.
Ice and Derelicts .................................
80301
805.
Safe Containers for International
Cargo ..................................................
80501
CHAPTER 801—WRECKS AND SALVAGE
Sec.
80101.
Vessel stranded on foreign coast.
[80102.
Repealed.]
80103.
Property on Florida coast to be taken to port
of entry.
80104.
Salvaging operations by foreign vessels.
80105.
Canadian vessels aiding vessels in United
States
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 80104
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