46 U.S.C. § 12112 — Coastwise endorsement

Page 209 TITLE 46—SHIPPING § 12113 AMENDMENTS 2008—Pub. L. 110–181, § 3525(b), repealed Pub. L. 109–241, § 310. See 2006 Amendment note below. Subsec. (d). Pub. L. 110–181, § 3525(a)(1), incorporated the substance of the amendment by Pub. L. 109–241, § 310, into this section by adding subsec. (d). See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construc- tion note preceding section 101 of this title. 2006—Pub. L. 109–241, § 310, which directed the amend- ment of former section 12105 of this title from which this section was derived in part, was repealed by Pub. L. 110–181, § 3525(b). See 2008 Amendment note for sub- sec. (d) and Historical and Revision notes above. § 12112. Coastwise endorsement (a) REQUIREMENTS.—A coastwise endorsement may be issued for a vessel that— (1) satisfies the requirements of section 12103 of this title; (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; 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 endorse- ment is issued may engage in the coastwise trade. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1495.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12112(a) ...... 46:12106(a). 12112(b) ...... 46:12106(b). In subsection (b), the word ‘‘only’’ is omitted because section 12102(a), as revised by the bill, contains a gen- eral requirement for appropriate documentation to en- gage in any trade. Editorial Notes PRIOR PROVISIONS A prior section 12112, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 100–710, title I, § 104(a)(4), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, § 301(a)(11), Dec. 12, 1989, 103 Stat. 1922, originally derived from section 65p of former Title 46, Shipping, related to vessels pro- cured outside the United States, prior to the general amendment of this chapter by Pub. L. 109–304. See sec- tion 12115 of this title. Statutory Notes and Related Subsidiaries CERTAIN VESSELS ENGAGED IN ALASKA COASTWISE TRADE Pub. L. 108–293, title VI, § 608(b), Aug. 9, 2004, 118 Stat. 1056, provided that: ‘‘(1) IN GENERAL.—Notwithstanding any other provi- sion of law, a person shall be treated as a citizen of the United States under section 12102(a) [now section 12103(a), (b)] of title 46, United States Code, section 2 of the Shipping Act, 1916 ([former] 46 U.S.C. App. 802) [see 46 U.S.C. 50501], and section 27 of the Merchant Marine Act, 1920 ([former] 46 U.S.C. App. 883) [see Disposition Table preceding section 101 of this title], for purposes of issuance of a coastwise endorsement under section 12106(e) of title 46, United States Code (as that section was in effect on the day before the date of enactment of this Act [Aug. 9, 2004]), for a vessel owned by the per- son on the date of enactment of this Act, or any re- placement vessel of a similar size and function, if the person— ‘‘(A) owned a vessel before January 1, 2001, that had a coastwise endorsement under [former] section 12106(e) of title 46, United States Code; and ‘‘(B) as of the date of the enactment of this Act [Aug. 9, 2004], derives substantially all of its revenue from leasing vessels engaged in the transportation or distribution of petroleum products and other cargo in Alaska. ‘‘(2) LIMITATION ON COASTWISE TRADE.—A vessel owned by a person described in paragraph (1) for which a coastwise endorsement is issued under [former] section 12106(e) of title 46, United States Code, may be em- ployed in the coastwise trade only within Alaska and in the coastwise trade to and from Alaska. ‘‘(3) TERMINATION.—The application of this subsection to a person described in paragraph (1) shall terminate if all of that person’s vessels described in paragraph (1) are sold to a person eligible to document vessels under section 12106(a) [now section 12112(a)] of title 46, United States Code.’’ § 12113. Fishery endorsement (a) REQUIREMENTS.—A fishery endorsement may be issued for a vessel that— (1) satisfies the requirements of section 12103 of this title and, if owned by an entity, the en- tity 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 ves- sel for which it is issued is used as a fishing vessel while it is chartered or leased to an in- dividual 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 de- termining whether at least 75 percent of the interest in the entity is owned and controlled by citizens of the United States under para- graph (1), the Secretary shall apply section 50501(d) of this title, except that for this pur- pose the terms ‘‘control’’ or ‘‘controlled’’— (A) include the right to—