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46 U.S.C. § 12116 — Limited endorsements for Guam, American Samoa, and Northern Mariana Islands

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 12116 — Limited endorsements for Guam, American Samoa, and Northern Mariana Islands

**(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.

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Stable record: federal_law:legal_authorities:record_usc_8c79a342b165dcfd033a1390
Source file: Laws/federal/codes/united-states-code/title-46/section-12116-limited-endorsements-for-guam-american-samoa-and-northern-mariana-island--dfe218041d.md
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Source location: Title 46, Chapter 121, § 12116; chapter-121-documentation-of-vessels.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14302 — Measurement

**(a)** The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter and the Convention. **(b)** A vessel measured under this chapter may not be required to be measured under another law. **(c)** Unless otherwise provided by law, the measurement of a vessel under this chapter applies to a law of the United States whose applicability depends on a vessel’s tonnage, if that law— (1) becomes effective after July 18, 1994; or (2) is in effect before July 19, 1994, is not enumerated in [section 14305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14305&num=0&edition=prelim), and is identified by the Secretary by regulation as a law to which this chapter applies.

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14302

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 12103 — General eligibility requirements

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12103

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14502 — Measurement

The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14502

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14104 — Measurement to determine application of a law

**(a)** When the application of a law of the United States to a vessel depends on the vessel’s tonnage, the vessel shall be measured under this part. **(b)** If a statute allows for an alternate tonnage to be prescribed under this section, the Secretary may prescribe it by regulation. Any such regulation shall be considered to be an interpretive regulation for purposes of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). Until an alternate tonnage is prescribed, the statutorily established tonnage shall apply to vessels measured under chapter 143 or chapter 145 of this title. **(c)** The head of each Federal agency shall ensure that regulations issued by the agency that specify particular tonnages comply with the alternate tonnages implemented by the Secretary.

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14104

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1331 — Definitions

In this subchapter: **(a) Outer Continental Shelf.—** The term “outer Continental Shelf” means— (1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and (2) does not include any area conveyed by Congress to a territorial government for administration; **(b) Secretary.—** The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), the term “Secretary” means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be. **(c) Lease.—** The term “lease” means any form of authorization which is issued under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1337&num=0&edition=prelim) or maintained under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim) and which authorizes exploration for, and development and production of, minerals. **(d) Person.—** The term “person” includes, in addition to a natural person, an association, a State, a political subdivision o

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1331

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14305 — Optional regulatory measurement

**(a)** On request of the owner of a vessel measured under this chapter that is of United States registry or nationality, or a vessel operated under the authority of the United States, the Secretary also shall measure the vessel under chapter 145 of this title. The tonnages determined under that chapter shall be used in applying— (1) parts A, B, C, E, F, and G of this subtitle and [section 12116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12116&num=0&edition=prelim); (2) section 3(d)(3) of the Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 903(d)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section903/d/3&num=0&edition=prelim)); (3) section 4 of the Bridge to Bridge Radiotelephone Act ([33 U.S.C. 1203(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1203/a&num=0&edition=prelim)); (4) section 4(a)(3) 11 See References in Text note below. of the Ports and Waterways Safety Act ([33 U.S.C. 1223(a)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1223/a/3&num=0&edition=prelim)); (5) [section 30524 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30524&num=0&edition=prelim); (6) sections 12118 and 12132 of this title; (7) [section 12139(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12139/b&num=0&edition=prelim); (8) sections 351, 352, 355, and 356 of the Ship Radio Act ([47 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section351&num=0&edition=prelim), 352, 354, and 354a); (9) section 403 of the Commercial Fishing Industry Vessel Act ([46 U.S.C. 3302](https://uscode.house.gov/view.xhtml?req=granule

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14305

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 12116 — Limited endorsements for Guam, Amer-

Page 213 TITLE 46—SHIPPING § 12117 Statutory Notes and Related Subsidiaries DOCUMENTATION OF RECREATIONAL VESSELS Pub. L. 115–282, title VIII, § 826, Dec. 4, 2018, 132 Stat. 4314, provided that: ‘‘Coast Guard personnel performing nonrecreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform recreational vessel documentation under section 12114 of such title in any fiscal year in which— ‘‘(1) funds available for Coast Guard operating ex- penses may not be used for expenses incurred for rec- reational vessel documentation; ‘‘(2) fees collected from owners of yachts and cred- ited to such use are insufficient to pay expenses of recreational vessel documentation; and ‘‘(3) there is a backlog of applications for rec- reational vessel documentation.’’ § 12115. Temporary endorsement for vessels pro- cured outside the United States (a) GENERAL AUTHORITY.—The Secretary and the Secretary of State, acting jointly, may pro- vide for the issuance of a certificate of docu- mentation with an appropriate endorsement for a vessel procured outside the United States and meeting the ownership requirements of section 12103 of this title. (b) AUTHORIZED ACTIVITY.—Subject to limita- tions the Secretary may prescribe, a vessel doc- umented 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 JURISDIC- TION 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 Sec- retary may suspend for a period of not more than 6 months the application of a ve

Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 12116

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