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46 U.S.C. § 12102 — Vessels requiring documentation
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as otherwise provided, a vessel may engage in a trade only if the vessel has been issued a certificate of documentation with an endorsement for that trade under this chapter.
**(b) Vessels Less Than 5 Net Tons.—** A vessel of less than 5 net tons may engage in a trade without being documented if the vessel otherwise satisfies the requirements to engage in the particular trade.
**(c) Barges.—** A barge qualified to engage in the coastwise trade may engage in the coastwise trade, without being documented, on rivers, harbors, lakes (except the Great Lakes), canals, and inland waters.
**(d) Aquaculture Waiver.—**
(1) **Permitting of nonqualified vessels to perform certain aquaculture support operations.—** — Notwithstanding section 12113 and any other law, the Secretary of Transportation may issue a waiver allowing a documented vessel with a registry endorsement or a foreign flag vessel to be used in operations that treat aquaculture fish for or protect aquaculture fish from disease, parasitic infestation, or other threats to their health if the Secretary finds, after publishing a notice in the Federal Register, that a suitable vessel of the United States is not available that could perform those services.
(2) **Prohibition.—** — Vessels operating under a waiver issued under this subsection may not engage in any coastwise transportation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12102
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Stable record: federal_law:legal_authorities:record_usc_e04143188ceb28b82c9a45e2
Source file: Laws/federal/codes/united-states-code/title-46/section-12102-vessels-requiring-documentation--7d7d0220ce.md
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Passage SHA-256: 716b771d2fd2693737b02c82bc5b3d403894f557869aa6f11700363fb7870d11
Source location: Title 46, Chapter 121, § 12102; chapter-121-documentation-of-vessels.md
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**(a) In General.—** Except as otherwise provided, a vessel may engage in a trade only if the vessel has been issued a certificate of documentation with an endorsement for that trade under this chapter.
**(b) Vessels Less Than 5 Net Tons.—** A vessel of less than 5 net tons may engage in a trade without being documented if the vessel otherwise satisfies the requirements to engage in the particular trade.
**(c) Barges.—** A barge qualified to engage in the coastwise trade may engage in the coastwise trade, without being documented, on rivers, harbors, lakes (except the Great Lakes), canals, and inland waters.
**(d) Aquaculture Waiver.—**
(1) **Permitting of nonqualified vessels to perform certain aquaculture support operations.—** — Notwithstanding section 12113 and any other law, the Secretary of Transportation may issue a waiver allowing a documented vessel with a registry endorsement or a foreign flag vessel to be used in operations that treat aquaculture fish for or protect aquaculture fish from disease, parasitic infestation, or other threats to their health if the Secretary finds, after publishing a notice in the Federal Register, that a suitable vessel of the United States is not available that could perform those services.
(2) **Prohibition.—** — Vessels operating under a waiver issued under this subsection may not engage in any coastwise transportation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** After January 12, 2007, a Council may submit, and the Secretary may approve, for a fishery that is managed under a limited access system, a limited access privilege program to harvest fish if the program meets the requirements of this section.
**(b) No creation of right, title, or interest** Limited access privilege, quota share, or other limited access system authorization established, implemented, or managed under this chapter—
(1) shall be considered a permit for the purposes of sections 1857, 1858, and 1859 of this title;
(2) may be revoked, limited, or modified at any time in accordance with this chapter, including revocation if the system is found to have jeopardized the sustainability of the stock or the safety of fishermen;
(3) shall not confer any right of compensation to the holder of such limited access privilege, quota share, or other such limited access system authorization if it is revoked, limited, or modified;
(4) shall not create, or be construed to create, any right, title, or interest in or to any fish before the fish is harvested by the holder; and
(5) shall be considered a grant of permission to the holder of the limited access privilege or quota share to engage in activities permitted by such limited access privilege or quota share.
**(c) Requirements for limited access privileges**
(1) **In general** — Any limited access privilege program to harvest fish submitted by a Council or approved by the Secretary under this section shall—
(A) if established in a fishery that is overfished or subject to a rebuilding plan, assist in its rebuilding;
(B) if established in a fishery that is determined by the Secretary or the Council to have over-capacity, contribute to reducing capacity;
(C) promote—
(i) fishing safety;
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1853a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
In this chapter:
(1) **Bulk cargo.—** — The term “bulk cargo” means cargo that is loaded and carried in bulk without mark or count.
(2) **Contractor.—** — The term “contractor” means an owner or operator of a vessel that enters into an operating agreement for the vessel with the Secretary under section 53103.
(3) **Fleet.—** — The term “Fleet” means the Maritime Security Fleet established under section 53102(a).
(4) **Foreign commerce.—** — The term “foreign commerce” means—
(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and
(B) commerce or trade between foreign countries.
(5) **Participating fleet vessel.—** — The term “participating fleet vessel” means any vessel that—
(A) on October 1, 2015—
(i) meets the requirements of paragraph (1), (2), (3), or (4) of section 53102(c); and
(ii) is less than 20 years of age if the vessel is a tank vessel, or is less than 25 years of age for all other vessel types; and
(B) on December 31, 2014, is covered by an operating agreement under this chapter.
(6) **Person.—** — The term “person” includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country.
(7) **Product tank vessel.—** — The term “product tank vessel” means a double hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products.
(8) **Secretary.—** — The term “Secretary” means the Secretary of Transportation.
(9) **Tank vessel.—** — The term “tank vessel” has the meaning that term has under [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 53101
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary and the Secretary of Defense may each prescribe rules as necessary to carry out their respective responsibilities under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 53110
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Federal law — U.S. Code and appendices · legal_authorities
Page 204
TITLE 46—SHIPPING
§ 12101
L. 107–20, July 24, 2001, 115 Stat. 155; Pub. L. 107–206,
Aug. 2, 2002, 116 Stat. 820; Pub. L. 107–295, Nov. 25, 2002,
116 Stat. 2064; Pub. L. 108–136, Nov. 24, 2003, 117 Stat.
1392; Pub. L. 108–293, Aug. 9, 2004, 118 Stat. 1028; Pub. L.
109–241, July 11, 2006, 120 Stat. 516. This chapter is
shown here, however, as having been enacted by Pub. L.
109–304, § 5, Oct. 6, 2006, 120 Stat. 1491, without reference
to those intervening amendments because of the gen-
eral amendment of this chapter by Pub. L. 109–304.
AMENDMENTS
2021—Pub.
L.
116–283,
div.
G,
title
LVXXXIII
[LXXXIII], § 8320(b), Jan. 1, 2021, 134 Stat. 4701, which di-
rected amendment of ‘‘the analysis for subchapter I of
chapter 121’’ of this title by adding at the end item
12108 ‘‘Authority to extend duration of vessel certifi-
cates’’, was executed by adding item 12108 after item
12107 in this analysis to reflect the probable intent of
Congress.
2012—Pub. L. 112–213, title III, § 308(b), Dec. 20, 2012,
126 Stat. 1566, added item 12140.
Statutory Notes and Related Subsidiaries
TRANSPARENCY
Pub. L. 115–282, title V, § 516(a), Dec. 4, 2018, 132 Stat.
4279, provided that: ‘‘The Commandant of the Coast
Guard shall publish any letter of determination issued
by the Coast Guard National Vessel Documentation
Center after the date of the enactment of this Act [Dec.
4, 2018] on the National Vessel Documentation Center
website not later than 30 days after the date of issuance
of such letter of determination.’’
SUBCHAPTER I—GENERAL
§ 12101. Definitions
(a) REBUILT
IN
THE UNITED STATES.—In this
chapter, a vessel is deemed to have been rebuilt
in the United States only if the entire rebuild-
ing, including the construction of any major
component of the hull
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 12102
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.