46 U.S.C. § 31341 — Persons presumed to have authority to

Page 287 TITLE 46—SHIPPING § 31342 (3) A vessel involved in a violation under sec- tion 31329 of this title and its equipment may be seized by, and forfeited to, the Government. (c) If a person not an individual violates this section, the president or chief executive of the person also is subject to any penalty provided under this section. (Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4747; Pub. L. 104–324, title XI, § 1113(b)(2), Oct. 19, 1996, 110 Stat. 3970; Pub. L. 111–281, title IX, § 913(a)(1), (d), Oct. 15, 2010, 124 Stat. 3017.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 31330(a) ........................................ 46:941(b) (1st sentence) 31330(b) ........................................ New 31330(c) ........................................ 46:941(b) (1st sentence) Section 31330(a) provides for criminal penalties for not disclosing obligations, incurring contractual obli- gations in violation of section 31323(b), and filing a mortgage made not in good faith. This subsection makes a substantive change to law by adding civil pen- alties and by making it a crime to record with the Sec- retary of Transportation a mortgage made not in good faith with the intent to hinder an existing or future creditor of the mortgagor or a lienor of the vessel. This is done since the affidavit of good faith has been elimi- nated from the elements of a preferred mortgage. Section 31330(b) adds criminal and civil penalties for violating the sale and trust requirements under sec- tions 31328 and 31329. It also makes a vessel and its equipment involved in those violations subject to sei- zure by the Government. Section 31330(c) makes the president or chief execu- tive officer of a corporation or association liable as a mortgagor for the penalties under this section. HOUSE FLOOR STATEMENT Subsection (a) of this section adds criminal and civil penalties for a preferred mortgagor’s failure to carry out certain requirements under chapter 313 of title 46 (as enacted by this Act). Editorial Notes AMENDMENTS 2010—Subsec. (a)(1)(B). Pub. L. 111–281, § 913(d)(1)(A), inserted ‘‘or’’ after semicolon. Subsec. (a)(1)(C). Pub. L. 111–281, § 913(d)(1)(B), sub- stituted ‘‘Secretary.’’ for ‘‘Secretary; or’’. Pub. L. 111–281, § 913(a)(1), struck out ‘‘of Transpor- tation’’ after ‘‘Secretary’’. Subsec. (a)(1)(D). Pub. L. 111–281, § 913(d)(1)(C), struck out subpar. (D) which read as follows: ‘‘with intent to defraud, does not comply with section 31321(h) of this title.’’ Subsec. (a)(2)(B) to (D). Pub. L. 111–281, § 913(d)(2), in- serted ‘‘or’’ at end of subpar. (B), substituted ‘‘faith.’’ for ‘‘faith; or’’ at end of subpar. (C), and struck out sub- par. (D) which read as follows: ‘‘does not comply with section 31321(h) of this title.’’ 1996—Subsec. (b). Pub. L. 104–324 struck out ‘‘31328 or’’ before ‘‘31329’’ in pars. (1) to (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title. SUBCHAPTER III—MARITIME LIENS § 31341. Persons presumed to have authority to procure necessaries (a) The following persons are presumed to have authority to procure necessaries for a ves- sel: (1) the owner; (2) the master; (3) a person entrusted with the management of the vessel at the port of supply; or (4) an officer or agent appointed by— (A) the owner; (B) a charterer; (C) an owner pro hac vice; or (D) an agreed buyer in possession of the vessel. (b) A person tortiously or unlawfully in pos- session or charge of a vessel has no authority to procure necessaries for the vessel. (Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4748; Pub. L. 101–225, title III, § 303(5), Dec. 12, 1989, 103 Stat. 1924.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 31341(a) ........................................ 46:972 (1st sentence), 973 31341(b) ........................................ 46:972 (2d sentence) Section 31341(a) lists those persons who are presumed to have authority to procure necessaries for a vessel. These include the owner, master, or a manager at the port of supply; and an officer or agent appointed by the owner, charterer, owner pro hac vice, or buyer in posses- sion of the vessel. This subsection makes no sub- stantive change to law. Section 31341(b) provides that any person that is tortiously or unlawfully in possession of or in charge of a vessel has no authority to procure necessaries. This subsection makes no substantive change to law. Editorial Notes AMENDMENTS 1989—Subsec. (a)(3). Pub. L. 101–225 substituted ‘‘man- agement’’ for ‘‘mangement’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title. § 31342. Establishing maritime liens (a) Except as provided in subsection (b) of this section, a person providing necessaries to a ves- sel on the order of the owner or a person author- ized by the owner— (1) has a maritime lien on the vessel; (2) may bring a civil action in rem to enforce the lien; and (3) is not required to allege or prove in the action that credit was given to the vessel. (b) This section does not apply to a public ves- sel. (Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4748; Pub. L. 101–225, title III, § 303(6), Dec. 12, 1989, 103 Stat. 1924.)