46 U.S.C. § 12114 — Recreational endorsement

Page 212 TITLE 46—SHIPPING § 12114 serted cl. (i) designation before ‘‘the regional’’ and ‘‘and’’ after ‘‘authority;’’, and added cl. (ii). Subsec. (d)(2)(C). Pub. L. 112–213, § 307(2), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘the vessel is either a rebuilt vessel or a replacement vessel under section 208(g) of the Amer- ican Fisheries Act (title II of division C of Public Law 105–277; 112 Stat. 2681–627) and is eligible for a fishery endorsement under this section; or’’. 2010—Subsec. (d)(2)(A)(i). Pub. L. 111–281, § 602(a)(1), inserted ‘‘and’’ at the end. Subsec. (d)(2)(A)(ii). Pub. L. 111–281, § 602(a)(2), struck out ‘‘and’’ at the end. Subsec. (d)(2)(A)(iii). Pub. L. 111–281, § 602(a)(3), struck out cl. (iii) which read as follows: ‘‘if the fishery en- dorsement is invalidated after October 21, 1998, applica- tion is made for a new fishery endorsement within 15 business days of the invalidation; or’’. Subsec. (d)(2)(C), (D). Pub. L. 111–281, § 602(a)(4), (5), added subpars. (C) and (D). 2008—Subsec. (g). Pub. L. 110–181 inserted ‘‘and’’ after ‘‘Conservation’’. Statutory Notes and Related Subsidiaries INAPPLICABILITY OF SUBSECTION (d) TO CERTAIN MENHADEN FISHERIES Pub. L. 106–31, title III, § 3027(c), May 21, 1999, 113 Stat. 102, provided that: ‘‘The limitation on registered length contained in section 12102(c)(6) [now section 12113(d)] of title 46, United States Code, shall not apply to a vessel used solely in any menhaden fishery which is located in the Gulf of Mexico or along the Atlantic coast south of the area under the authority of the New England Fishery Management Council for so long as such vessel is used in such fishery.’’ EXCEPTION TO BUILD REQUIREMENT FOR PRIOR VESSELS Pub. L. 100–239, § 4, Jan. 11, 1988, 101 Stat. 1779, as amended by Pub. L. 101–225, title III, § 310, Dec. 12, 1989, 103 Stat. 1926, provided that: ‘‘(a) Notwithstanding the requirements of section 12108(a)(2) and (3) [now section 12113(a)(2) and (3)] of title 46, United States Code, a fishery license may be issued to a vessel that before July 28, 1987— ‘‘(1)(A) was documented under chapter 121 of that title; and ‘‘(B) was operated as a fish processing or fish tender vessel in the navigable waters of the United States or the exclusive economic zone; ‘‘(2) was a fish tender or fish processing vessel con- tracted to be purchased by a citizen of the United States, if the purchase is shown by contract or simi- larly reliable evidence acceptable to the Secretary to have been made for the purpose of using the vessel as a fish tender or fish processing vessel in the fisheries; ‘‘(3) was documented under chapter 121 of that title and— ‘‘(A) was rebuilt in a foreign country; or ‘‘(B) is subsequently rebuilt in the United States for use as a fish processing vessel; or ‘‘(4) was built in the United States and— ‘‘(A) is rebuilt in a foreign country under a con- tract entered into before 6 months after the date of enactment of this Act [Jan. 11, 1988], and was pur- chased or contracted to be purchased before July 28, 1987 with the intent that the vessel be used in the fisheries, if that intent is evidenced by— ‘‘(i) the contract itself; or ‘‘(ii) a ruling letter by the Coast Guard before July 29, 1987 under 46 C.F.R. § 67.21–1 or § 67.27–3 pursuant to a ruling request evidencing that in- tent; or ‘‘(B) is purchased for use as a fish processing ves- sel under a contract entered into after July 27, 1987, if— ‘‘(i) a contract to rebuild the vessel for use as a fish processing vessel was entered into before Sep- tember 1, 1987; and ‘‘(ii) that vessel is part of a specific business plan involving the conversion in foreign shipyards of a series of three vessels and rebuilding work on at least one of the vessels had begun before July 28, 1987. ‘‘(b) A vessel rebuilt under subsection (a)(3)(B) or (4) of this section must be redelivered to the owner before July 28, 1990. However, the Secretary may, on proof of circumstances beyond the control of the owner of a ves- sel affected by this section, extend the period for re- building in a foreign country permitted by this section. ‘‘(c)(1) Any fishery license or registry issued to a ves- sel built in a foreign country under this section shall be endorsed to restrict the vessel from catching, taking, or harvesting. ‘‘(2) Before being issued a fishery license, any vessel described in subsection (a)(2) of this section must be documented under an application for documentation acceptable to the Secretary filed before July 28, 1987, except that an alternative vessel of no greater tonnage than the vessel in the application may be substituted, if that substitution is made by the original applicant.’’ DEFINITIONS Pub. L. 100–239, § 6(d), Jan. 11, 1988, 101 Stat. 1782, pro- vided that: ‘‘The terms in this Act [see Tables for clas- sification] have the same meaning as in subtitle II [now also sections 114 and 115] of title 46, United States Code (as amended by this Act).’’ § 12114. Recreational endorsement (a) REQUIREMENTS.—A recreational endorse- ment may be issued for a vessel that satisfies the requirements of section 12103 of this title. (b) AUTHORIZED ACTIVITY.—A vessel operating under a recreational endorsement may be oper- ated only for pleasure. (c) APPLICATION OF CUSTOMS LAWS.—A vessel for which a recreational endorsement is issued may proceed between a port of the United States and a port of a foreign country without entering or clearing with the Secretary of Homeland Se- curity. However, a recreational vessel is subject to the requirements for reporting arrivals under section 433 of the Tariff Act of 1930 (19 U.S.C. 1433), and individuals on the vessel are subject to applicable customs regulations. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1498.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12114(a) ...... 46:12109(a). 12114(b) ...... 46:12109(c). 46:12110(c). 12114(c) ...... 46:12109(b). In subsection (c), the words ‘‘Secretary of Homeland Security’’ are substituted for ‘‘Customs Service’’ be- cause the functions of the Customs Service and of the Secretary of the Treasury relating thereto were trans- ferred to the Secretary of Homeland Security by sec- tion 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178). Editorial Notes PRIOR PROVISIONS A prior section 12114, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589; Pub. L. 99–36, § 1(a)(8), May 15, 1985, 99 Stat. 67, originally derived from section 65c of former Title 46, Shipping, related to home ports, prior to being repealed by Pub. L. 100–710, title I, §§ 106(b)(5), 107(a), Nov. 23, 1988, 102 Stat. 4752, effective Jan. 1, 1989. 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 vessel inspec- tion law carried out by the Secretary or regula- tions prescribed under that law. (d) SURRENDER OF CERTIFICATE.—On the ves- sel’s arrival in the United States, the certificate of documentation shall be surrendered as pro- vided by regulations prescribed by the Sec- retary. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1498.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12115(a) ...... 46:12112(a). 12115(b) ...... 46:12112(b) (1st sen- tence). 12115(c) ...... 46:12112(c). 12115(d) ...... 46:12112(b) (last sen- tence). Editorial Notes PRIOR PROVISIONS A prior section 12115, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589, originally derived from section 65d of former Title 46, Shipping, related to names of vessels, prior to being repealed by Pub. L. 100–710, title I, §§ 106(b)(5), 107(a), Nov. 23, 1988, 102 Stat. 4752, effective Jan. 1, 1989. § 12116. Limited endorsements for Guam, Amer- ican Samoa, and Northern Mariana Islands (a) ENDORSEMENTS.—A vessel satisfying the re- quirements 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 fish- ing in the territorial sea and fishery conserva- tion 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; (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, or an alter- nate tonnage as measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title; 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. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1499.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12116 .......... 46:12106(c). 46:12108(c). Editorial Notes PRIOR PROVISIONS A prior section 12116, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589, originally derived from section 65f of former Title 46, Shipping, related to numbers, signal letters, and identification markings, prior to being repealed by Pub. L. 100–710, title I, §§ 106(b)(5), 107(a), Nov. 23, 1988, 102 Stat. 4752, effective Jan. 1, 1989. Executive Documents TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. § 12117. Oil spill response vessels (a) REQUIREMENTS.—A coastwise endorsement may be issued for a vessel that— (1) satisfies the requirements for a coastwise endorsement, except for the ownership re- quirement otherwise applicable without re- gard to this section; (2) is owned by a not-for-profit oil spill re- sponse cooperative or by members of such a cooperative that dedicate the vessel to use by the cooperative; (3) is at least 50 percent owned by individ- uals or entities described in section 12103(b) of this title; and (4) is to be used only for— (i) deploying equipment, supplies, and per- sonnel to recover, contain, or transport oil discharged into the navigable waters of the United States or the exclusive economic zone; or (ii) training exercises to prepare to re- spond to such a discharge.