46 U.S.C. § 2101 — General definitions

Page 18 TITLE 46—SHIPPING § 2101 1 See References in Text note below. Chapter Sec. 83. Masters and Officers .......................... 8301 85. Pilots ...................................................... 8501 87. Unlicensed Personnel ........................ 8701 89. Small Vessel Manning ........................ 8901 91. Tank Vessel Manning Standards .... 9101 93. Great Lakes Pilotage .......................... 9301 PART G—MERCHANT SEAMEN PROTECTION AND RELIEF 101. General .................................................. 10101 103. Foreign and Intercoastal Voyages .. 10301 105. Coastwise Voyages .............................. 10501 106. Fishing Voyages ................................... 10601 107. Effects of Deceased Seamen ............. 10701 109. Proceedings on Unseaworthiness ... 10901 111. Protection and Relief ......................... 11101 112. Merchant Mariner Benefits .............. 11201 113. Official Logbooks ................................ 11301 115. Offenses and Penalties ...................... 11501 PART H—IDENTIFICATION OF VESSELS 121. Documentation of Vessels ................. 12101 123. Numbering Undocumented Vessels 12301 125. Vessel Identification System ............ 12501 PART I—STATE BOATING SAFETY PROGRAMS 131. Recreational Boating Safety ............ 13101 PART J—MEASUREMENT OF VESSELS 141. General .................................................. 14101 143. Convention Measurement ................. 14301 145. Regulatory Measurement .................. 14501 147. Penalties ................................................ 14701 PART K—NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES 151. National Maritime Transportation Advisory Committees ...................... 15101 Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, div. K, title CXVI, § 11607(b), Dec. 23, 2022, 136 Stat. 4151, added item 49. 2018—Pub. L. 115–282, title VI, § 601(b), Dec. 4, 2018, 132 Stat. 4289, added item for part K. 2006—Pub. L. 109–304, § 15(1), Oct. 6, 2006, 120 Stat. 1702, in each chapter item, capitalized first letter of each word containing 4 or more letters, struck out item for chapter 39 ‘‘Carriage of animals’’, and substituted ‘‘Uninspected Commercial Fishing Industry Vessels’’ for ‘‘Fish processing vessels’’ in item 45. 2000—Pub. L. 106–398, § 1 [[div. A], title X, § 1087(g)(6)], Oct. 30, 2000, 114 Stat. 1654, 1654A–294, substituted ‘‘mar- iner benefits’’ for ‘‘Mariner Benefits’’ in item 112. 1998—Pub. L. 105–368, title IV, § 402(b), Nov. 11, 1998, 112 Stat. 3337, added item 112. 1996—Pub. L. 104–324, title VI, § 602(b), Oct. 19, 1996, 110 Stat. 3930, added item 32. 1992—Pub. L. 102–587, title V, § 5304, Nov. 4, 1992, 106 Stat. 5083, added item 47. 1988—Pub. L. 100–710, title I, § 101(b), Nov. 23, 1988, 102 Stat. 4738, added item 125. Pub. L. 100–424, § 6(b), Sept. 9, 1988, 102 Stat. 1592, added item 106. 1986—Pub. L. 99–509, title V, § 5101(1), Oct. 21, 1986, 100 Stat. 1913, inserted items for parts C and J. 1985—Pub. L. 99–36, § 1(a)(9)(A), May 15, 1985, 99 Stat. 67, substituted ‘‘Merchant Seamen Licenses, Certifi- cations, and’’ for ‘‘Licenses, Certificates, and Merchant Mariners’ ’’ in heading for part E. 1984—Pub. L. 98–364, title IV, § 402(7)(A), July 17, 1984, 98 Stat. 446, inserted ‘‘generally’’ in item 41, reenacted item 43 without change, and added item 45. PART A—GENERAL PROVISIONS HISTORICAL AND REVISION NOTES Part A contains general provisions that apply throughout the subtitle and provisions that apply gen- erally to the operation of all vessels. CHAPTER 21—GENERAL Sec. 2101. General definitions. 2102. Limited definitions. 2103. Superintendence of the merchant marine. 2104. Delegation. 2105. Report. 2106. Liability in rem. 2107. Civil penalty procedures. [2108. Repealed.] 2109. Public vessels. 2110. Fees. 2111. Pay for overtime services. 2112. Authority to change working hours. 2113. Authority to exempt certain vessels. 2114. Protection of seamen against discrimination. 2115. Civil penalty to enforce alcohol and dan- gerous drug testing. 2116. Marine safety strategy, goals, and perform- ance assessments. 2117. Termination for unsafe operation. 2118. Establishment of equipment standards. HISTORICAL AND REVISION NOTES Chapter 21 contains definitions that are general in nature and applicable to all references within Subtitle II—Vessels and Seamen. The chapter provides the basic authority and responsibility for the enforcement and administration of this subtitle with appropriate delega- tion and reporting requirements. Editorial Notes AMENDMENTS 2010—Pub. L. 111–281, title V, § 522(b), title VI, § 608(b), Oct. 15, 2010, 124 Stat. 2957, 2968, added items 2116 to 2118. 2008—Pub. L. 110–181, div. C, title XXXV, § 3529(a)(1), Jan. 28, 2008, 122 Stat. 603, struck out item 2108 ‘‘Refund of penalties’’. 1996—Pub. L. 104–324, title III, § 303(b), Oct. 19, 1996, 110 Stat. 3917, added item 2115. 1990—Pub. L. 101–508, title X, § 10401(b), Nov. 5, 1990, 104 Stat. 1388–398, substituted ‘‘Fees’’ for ‘‘Fees prohib- ited’’ in item 2110. 1984—Pub. L. 98–557, § 13(b), Oct. 30, 1984, 98 Stat. 2864, added item 2114. § 2101. General definitions In this subtitle— (1) ‘‘associated equipment’’— (A) means— (i) a system, accessory, component, or appurtenance of a recreational vessel; or (ii) a marine safety article intended for use on board a recreational vessel; but (B) with the exception of emergency loca- tor beacons for recreational vessels oper- ating beyond 3 nautical miles from the base- lines from which the territorial sea of the United States is measured or beyond 3 nau- tical miles from the coastline of the Great Lakes, does not include radio equipment. (2) ‘‘Coast Guard’’ means the organization established and continued under section 1 1 of title 14. Page 19 TITLE 46—SHIPPING § 2101 (3) ‘‘Commandant’’ means the Commandant of the Coast Guard. (4) ‘‘commercial service’’ includes any type of trade or business involving the transpor- tation of goods or individuals, except service performed by a combatant vessel. (5) ‘‘consideration’’ means an economic ben- efit, inducement, right, or profit including pe- cuniary payment accruing to an individual, person, or entity, but not including a vol- untary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies. (6) ‘‘crude oil’’ means a liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added. (7) ‘‘crude oil tanker’’ means a tanker en- gaged in the trade of carrying crude oil. (8) ‘‘dangerous drug’’ means a narcotic drug, a controlled substance, or a controlled sub- stance analog (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)). (9) ‘‘discharge’’, when referring to a sub- stance discharged from a vessel, includes spill- ing, leaking, pumping, pouring, emitting, emptying, or dumping, however caused. (10) ‘‘ferry’’ means a vessel that is used on a regular schedule— (A) to provide transportation only between places that are not more than 300 miles apart; and (B) to transport only— (i) passengers; or (ii) vehicles, or railroad cars, that are being used, or have been used, in trans- porting passengers or goods. (11) ‘‘fish’’ means finfish, mollusks, crusta- ceans, and all other forms of marine animal and plant life, except marine mammals and birds. (12) ‘‘fishing vessel’’ means a vessel that commercially engages in the catching, taking, or harvesting of fish or an activity that can reasonably be expected to result in the catch- ing, taking, or harvesting of fish. (13) ‘‘fish processing vessel’’ means a vessel that commercially prepares fish or fish prod- ucts other than by gutting, decapitating, gilling, skinning, shucking, icing, freezing, or brine chilling. (14) ‘‘fish tender vessel’’ means a vessel that commercially supplies, stores, refrigerates, or transports fish, fish products, or materials di- rectly related to fishing or the preparation of fish to or from a fishing, fish processing, or fish tender vessel or a fish processing facility. (15) ‘‘freight vessel’’ means a motor vessel of more than 15 gross tons as measured under section 14502 of this title, or an alternate ton- nage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title that carries freight for hire, except an oceanographic research vessel or an offshore supply vessel. (16) ‘‘Great Lakes barge’’ means a non-self- propelled vessel of at least 3,500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Sec- retary under section 14104 of this title oper- ating on the Great Lakes. (17) ‘‘hazardous material’’ means a liquid material or substance that is— (A) flammable or combustible; (B) designated a hazardous substance under section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321); or (C) designated a hazardous material under section 5103(a) of title 49. (18) ‘‘major conversion’’ means a conversion of a vessel that— (A) substantially changes the dimensions or carrying capacity of the vessel; (B) changes the type of the vessel; (C) substantially prolongs the life of the vessel; or (D) otherwise so changes the vessel that it is essentially a new vessel, as decided by the Secretary. (19) ‘‘marine environment’’ means— (A) the navigable waters of the United States and the land and resources in and under those waters; (B) the waters and fishery resources of an area over which the United States asserts exclusive fishery management authority; (C) the seabed and subsoil of the outer Continental Shelf of the United States, the resources of the Shelf, and the waters superjacent to the Shelf; and (D) the recreational, economic, and scenic values of the waters and resources referred to in subclauses (A)–(C) of this clause. (20) ‘‘mobile offshore drilling unit’’ means a vessel capable of engaging in drilling oper- ations for the exploration or exploitation of subsea resources. (21) ‘‘motor vessel’’ means a vessel propelled by machinery other than steam. (22) ‘‘nautical school vessel’’ means a vessel operated by or in connection with a nautical school or an educational institution under sec- tion 558 of title 40. (23) ‘‘navigable waters of the United States’’ includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988. (24) ‘‘oceanographic research vessel’’ means a vessel that the Secretary finds is being em- ployed only in instruction in oceanography or limnology, or both, or only in oceanographic or limnological research, including studies about the sea such as seismic, gravity meter, and magnetic exploration and other marine geophysical or geological surveys, atmos- pheric research, and biological research. (25) ‘‘offshore supply vessel’’ means a motor vessel that regularly carries goods, supplies, individuals in addition to the crew, or equip- ment in support of exploration, exploitation, or production of offshore mineral or energy re- sources. (26) ‘‘oil’’ includes oil of any type or in any form, including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes except dredged spoil. Page 20 TITLE 46—SHIPPING § 2101 (27) ‘‘oil spill response vessel’’ means a ves- sel that is designated in its certificate of in- spection as such a vessel, or that is adapted to respond to a discharge of oil or a hazardous material. (28) ‘‘overall in length’’ means— (A) for a foreign vessel or a vessel engaged on a foreign voyage, the greater of— (i) 96 percent of the length on a waterline at 85 percent of the least molded depth measured from the top of the keel (or on a vessel designed with a rake of keel, on a waterline parallel to the designed water- line); or (ii) the length from the fore side of the stem to the axis of the rudder stock on that waterline; and (B) for any other vessel, the horizontal dis- tance of the hull between the foremost part of the stem and the aftermost part of the stern, excluding fittings and attachments. (29) ‘‘passenger’’— (A) means an individual carried on the ves- sel except— (i) the owner or an individual representa- tive of the owner or, in the case of a vessel under charter, an individual charterer or individual representative of the charterer; (ii) the master; or (iii) a member of the crew engaged in the business of the vessel who has not contrib- uted consideration for carriage and who is paid for on board services; (B) on an offshore supply vessel, means an individual carried on the vessel except— (i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph; (ii) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner; (iii) an employee of the charterer, or of a subcontractor to the charterer, engaged in the business of the charterer; or (iv) an individual employed in a phase of exploration, exploitation, or production of offshore mineral or energy resources served by the vessel; (C) on a fishing vessel, fish processing ves- sel, or fish tender vessel, means an indi- vidual carried on the vessel except— (i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph; (ii) a managing operator; (iii) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner; (iv) an employee of the charterer, or of a subcontractor to the charterer, engaged in the business of the charterer; or (v) an observer or sea sampler on board the vessel pursuant to a requirement of State or Federal law; or (D) on a sailing school vessel, means an in- dividual carried on the vessel except— (i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph; (ii) an employee of the owner of the ves- sel engaged in the business of the owner, except when the vessel is operating under a demise charter; (iii) an employee of the demise charterer of the vessel engaged in the business of the demise charterer; or (iv) a sailing school instructor or sailing school student. (30) ‘‘passenger for hire’’ means a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel. (31) ‘‘passenger vessel’’ means a vessel of at least 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title— (A) carrying more than 12 passengers, in- cluding at least one passenger for hire; (B) that is chartered and carrying more than 12 passengers; (C) that is a submersible vessel carrying at least one passenger for hire; or (D) that is a ferry carrying a passenger. (32) ‘‘product carrier’’ means a tanker en- gaged in the trade of carrying oil except crude oil. (33) ‘‘public vessel’’ means a vessel that— (A) is owned, or demise chartered, and op- erated by the United States Government or a government of a foreign country; and (B) is not engaged in commercial service. (34) ‘‘recreational vessel’’ means a vessel— (A) being manufactured or operated pri- marily for pleasure; or (B) leased, rented, or chartered to another for the latter’s pleasure. (35) ‘‘recreational vessel manufacturer’’ means a person engaged in the manufacturing, construction, assembly, or importation of rec- reational vessels, components, or associated equipment. (36) ‘‘riding gang member’’ means an indi- vidual who— (A) has not been issued a merchant mar- iner document under chapter 73; (B) does not perform— (i) watchstanding, automated engine room duty watch, or personnel safety func- tions; or (ii) cargo handling functions, including any activity relating to the loading or un- loading of cargo, the operation of cargo-re- lated equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when the vessel is made fast or let go; (C) does not serve as part of the crew com- plement required under section 8101; (D) is not a member of the steward’s de- partment; and (E) is not a citizen or temporary or perma- nent resident of a country designated by the United States as a sponsor of terrorism or any other country that the Secretary, in Page 21 TITLE 46—SHIPPING § 2101 consultation with the Secretary of State and the heads of other appropriate United States agencies, determines to be a security threat to the United States. (37) ‘‘sailing instruction’’ means teaching, research, and practical experience in operating vessels propelled primarily by sail and may in- clude— (A) any subject related to that operation and to the sea, including seamanship, navi- gation, oceanography, other nautical and marine sciences, and maritime history and literature; and (B) only when in conjunction with a sub- ject referred to in subclause (A) of this clause, instruction in mathematics and lan- guage arts skills to sailing school students having learning disabilities. (38) ‘‘sailing school instructor’’ means an in- dividual who is on board a sailing school ves- sel to provide sailing instruction, but does not include an operator or crewmember who is among those required to be on board the vessel to meet a requirement established under part F of this subtitle. (39) ‘‘sailing school student’’ means an indi- vidual who is on board a sailing school vessel to receive sailing instruction. (40) ‘‘sailing school vessel’’ means a vessel— (A) that is less than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under sec- tion 14302 of this title as prescribed by the Secretary under section 14104 of this title; (B) carrying more than 6 individuals who are sailing school instructors or sailing school students; (C) principally equipped for propulsion by sail, even if the vessel has an auxiliary means of propulsion; and (D) owned or demise chartered, and oper- ated by an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under section 501(a) of that Code, or by a State or political subdivision of a State, dur- ing times that the vessel is operated by the organization, State, or political subdivision only for sailing instruction. (41)(A) Subject to subparagraph (B), ‘‘sci- entific personnel’’ means individuals on board an oceanographic research vessel only to en- gage in scientific research, or to instruct or receive instruction in oceanography or lim- nology. (B)(i) Such term includes an individual who is on board an oceanographic research vessel only to— (I) engage in scientific research; (II) instruct in oceanography or limnology; or (III) receive instruction in oceanography or limnology. (ii) For purposes of clause (i), the age of an individual may not be considered in deter- mining whether the individual is described in such clause. (42) ‘‘seagoing barge’’ means a non-self-pro- pelled vessel of at least 100 gross tons as meas- ured under section 14502 of this title, or an al- ternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title making voy- ages beyond the Boundary Line. (43) ‘‘seagoing motor vessel’’ means a motor vessel of at least 300 gross tons as measured under section 14502 of this title, or an alter- nate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title making voyages be- yond the Boundary Line. (44) ‘‘Secretary’’ means the Secretary of the department in which the Coast Guard is oper- ating. (45) ‘‘sexual assault’’ means any form of abuse or contact as defined in chapter 109A of title 18, or a substantially similar offense under State, local, or Tribal law. (46) ‘‘sexual harassment’’ means— (A) conduct that— (i) involves unwelcome sexual advances, requests for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature if any— (I) submission to such conduct is made either explicitly or implicitly a term or condition of employment, pay, career, benefits, or entitlements of the indi- vidual; (II) submission to, or rejection, of such conduct by an individual is used as a basis for decisions affecting that individ- ual’s job, pay, career, benefits, or enti- tlements; (III) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or cre- ates an intimidating, hostile, or offen- sive work environment; or (IV) conduct may have been by an indi- vidual’s supervisor, a supervisor in an- other area, a co-worker, or another credentialed mariner; and (ii) is so severe or pervasive that a rea- sonable person would perceive, and the vic- tim does perceive, the environment as hos- tile or offensive; (B) any use or condonation associated with first-hand or personal knowledge, by any in- dividual in a supervisory or command posi- tion, of any form of sexual behavior to con- trol, influence, or affect the career, pay, ben- efits, entitlements, or employment of a sub- ordinate; and (C) any intentional or repeated unwelcome verbal comment or gesture of a sexual na- ture towards or about an individual by the individual’s supervisor, a supervisor in an- other area, a coworker, or another credentialed mariner. (47) ‘‘small passenger vessel’’ means a wing- in-ground craft, regardless of tonnage, car- rying at least one passenger for hire, and a vessel of less than 100 gross tons as measured under section 14502 of this title, or an alter- nate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title— (A) carrying more than 6 passengers, in- cluding at least one passenger for hire; Page 22 TITLE 46—SHIPPING § 2101 (B) that is chartered with the crew pro- vided or specified by the owner or the own- er’s representative and carrying more than 6 passengers; (C) that is chartered with no crew provided or specified by the owner or the owner’s rep- resentative and carrying more than 12 pas- sengers; (D) that is a submersible vessel carrying at least one passenger for hire; or (E) that is a ferry carrying more than 6 passengers. (48) ‘‘steam vessel’’ means a vessel propelled in whole or in part by steam, except a rec- reational vessel of not more than 40 feet in length. (49) ‘‘submersible vessel’’ means a vessel that is capable of operating below the surface of the water. (50) ‘‘tanker’’ means a self-propelled tank vessel constructed or adapted primarily to carry oil or hazardous material in bulk in the cargo spaces. (51) ‘‘tank vessel’’ means a vessel that is constructed or adapted to carry, or that car- ries, oil or hazardous material in bulk as cargo or cargo residue, and that— (A) is a vessel of the United States; (B) operates on the navigable waters of the United States; or (C) transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States. (52) ‘‘towing vessel’’ means a commercial vessel engaged in or intending to engage in the service of pulling, pushing, or hauling along side, or any combination of pulling, pushing, or hauling along side. (53) ‘‘uninspected passenger vessel’’ means an uninspected vessel— (A) of at least 100 gross tons as measured under section 14502 of this title, or an alter- nate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title— (i) carrying not more than 12 passengers, including at least one passenger for hire; or (ii) that is chartered with the crew pro- vided or specified by the owner or the own- er’s representative and carrying not more than 12 passengers; and (B) of less than 100 gross tons as measured under section 14502 of this title, or an alter- nate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title— (i) carrying not more than 6 passengers, including at least one passenger for hire; or (ii) that is chartered with the crew pro- vided or specified by the owner or the own- er’s representative and carrying not more than 6 passengers. (54) ‘‘uninspected vessel’’ means a vessel not subject to inspection under section 3301 of this title that is not a recreational vessel. (55) ‘‘vessel of war’’ means a vessel— (A) belonging to the armed forces of a country; (B) bearing the external marks distin- guishing vessels of war of that country; (C) under the command of an officer com- missioned by the government of that coun- try and whose name appears in the appro- priate service list or its equivalent; and (D) staffed by a crew under regular armed forces discipline. (56) ‘‘wing-in-ground craft’’ means a vessel that is capable of operating completely above the surface of the water on a dynamic air cushion created by aerodynamic lift due to the ground effect between the vessel and the wa- ter’s surface. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 501; Pub. L. 98–364, title IV, § 402(1), July 17, 1984, 98 Stat. 445; Pub. L. 98–454, title III, § 301(a), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 98–557, § 34(a), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99–307, § 1(1), (2), May 19, 1986, 100 Stat. 444; Pub. L. 99–509, title V, § 5102(b)(1), Oct. 21, 1986, 100 Stat. 1926; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99–640, §§ 10(b)(1), 11(a), 13(d), Nov. 10, 1986, 100 Stat. 3549–3551; Pub. L. 100–239, § 6(a)(1), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 100–424, § 8(c)(1), Sept. 9, 1988, 102 Stat. 1593; Pub. L. 100–710, title I, § 104(a)(1), (2), Nov. 23, 1988, 102 Stat. 4749; Pub. L. 101–225, title II, § 209, Dec. 12, 1989, 103 Stat. 1913; Pub. L. 101–380, title IV, § 4103(a)(2)(A), Aug. 18, 1990, 104 Stat. 511; Pub. L. 101–595, title VI, § 603(1), Nov. 16, 1990, 104 Stat. 2993; Pub. L. 102–587, title V, § 5208(a), Nov. 4, 1992, 106 Stat. 5075; Pub. L. 103–206, title V, §§ 502–510, Dec. 20, 1993, 107 Stat. 2439–2441; Pub. L. 103–272, § 5(l), July 5, 1994, 108 Stat. 1375; Pub. L. 104–324, title VII, § 709, title XI, § 1104(a), Oct. 19, 1996, 110 Stat. 3934, 3966; Pub. L. 105–383, title III, § 301(b)(1), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 107–217, § 3(m)(1), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 107–295, title IV, § 419, Nov. 25, 2002, 116 Stat. 2124; Pub. L. 109–241, title III, §§ 301, 312(b), July 11, 2006, 120 Stat. 526, 533; Pub. L. 109–304, § 15(2), Oct. 6, 2006, 120 Stat. 1702; Pub. L. 111–281, title VI, §§ 617(a)(1)(A), 618, Oct. 15, 2010, 124 Stat. 2972, 2975; Pub. L. 111–330, § 1(9), Dec. 22, 2010, 124 Stat. 3570; Pub. L. 115–232, div. C, title XXXV, § 3541(a)(1), Aug. 13, 2018, 132 Stat. 2322; Pub. L. 115–282, title V, § 515, Dec. 4, 2018, 132 Stat. 4279; Pub. L. 117–263, div. K, title CXVI, § 11601(a), Dec. 23, 2022, 136 Stat. 4145.) HISTORICAL AND REVISION NOTES A number of definitions are provided because of the need to define jurisdictional and applicability limits of various sections to the many types and classes of ves- sels. Revised section Source section (U.S. Code) 2101(1) .......................................... 46:1452(8) 2101(2) .......................................... .............................................. 2101(3) .......................................... .............................................. 2101(4) .......................................... 14:1 2101(5) .......................................... 46:391a(2)(H) 2101(6) .......................................... .............................................. 2101(7) .......................................... 46:391a(2)(S) 2101(8) .......................................... 46:391a(2)(N) 2101(9) .......................................... 46:391a(2)(A) 2101(10) ........................................ 46:65(1) 2101(11) ........................................ 46:65(2) 2101(12) ........................................ 46:391a(2)(B) 46:597 46:599 2101(13) ........................................ 46:404 46:390(e) 2101(14) ........................................ 46:391a(2)(C) 2101(15) ........................................ 46:391a(2)(D) Page 23 TITLE 46—SHIPPING § 2101 Revised section Source section (U.S. Code) 2101(16) ........................................ 46:361 46:367 46:404 2101(17) ........................................ 46:404 46:1295f(c) 46:1295g(e)(1) 2101(18) ........................................ 46:441(1) 2101(19) ........................................ 46:404–1(1) 2101(20) ........................................ 46:391a(2)(E) 2101(21) ........................................ 46:390(a) 46:404–1(4) 46:1452(5) 2101(22) ........................................ 46:391(c) 2101(23) ........................................ 46:391a(2)(O) 2101(24) ........................................ 46:391a(2)(G) 2101(25) ........................................ 46:1452(1)(A), (B) 2101(26) ........................................ 46:1452(7) 2101(27) ........................................ 46:390(f) 2101(28) ........................................ 46:390(h) 2101(29) ........................................ 46:390(i) 2101(30) ........................................ 46:390(g) 2101(31) ........................................ 46:441(2) 2101(32) ........................................ 46:395(e) 2101(33) ........................................ 46:367 2101(34) ........................................ 33:151 46:216(b) 46:239a(b) 46:390(d) 46:391a(2)(I) 46:405(b)(1)(A) 46:481(a) 46:672(a) 46:1452(9) 2101(35) ........................................ 46:390(b) 2101(36) ........................................ .............................................. 2101(37) ........................................ 46:361 2101(38) ........................................ 46:391a(2)(M) 2101(39) ........................................ 46:391a(3) 2101(40) ........................................ 46:405 2101(41) ........................................ 46:1452(3) 2101(42) ........................................ 46:1452(1)(C) 2101(43) ........................................ 46:526 2101(44) ........................................ .............................................. 2101(45) ........................................ 1:3 46:1452(2) 2101(46) ........................................ 46:391a(2)(L) Section 2101(1) defines the type of ‘‘associated equip- ment’’ that is involved in the use of recreational boats that are subject to Federal regulatory authority. This equipment is subject to a number of controls under fed- erally established construction and performance stand- ards. Radio equipment is exempt from these regulatory controls, since this equipment continues to be regu- lated by the Federal Communications Commission. Section 2101(2) defines ‘‘barge’’ as a vessel that is non-self-propelled and that is often pushed ahead, towed alongside, or towed astern on a hawser by a tow- ing vessel. It does not include a vessel that is propelled by sail only. Section 2101(3) defines ‘‘boundary line’’ for the estab- lishment of jurisdictional parameters for various mari- time safety laws. Public Law 96–324, codified at 33 U.S.C. 151, permits the Secretary to establish appro- priate identifiable lines dividing inland waters of the U.S. from the high seas for the purpose of determining the applicability of these laws. These laws will now be included within subtitle II of title 46—Shipping. These lines may not be located more than twelve nautical miles seaward of the baseline from which the terri- torial sea is measured and may differ in position for the purposes of different parts or sections of subtitle II. Section 2101(4) defines ‘‘Coast Guard’’. Section 2101(5) provides that wherever the term ‘‘commercial service’’ is used it is to include all vessels except those that are primarily used for combatant purposes. This is to make sure that vessels that are en- gaged in the transportation of goods or individuals are subject to the applicable maritime and environmental safety laws, even if they are sovereign controlled ves- sels. Section 2101(6) defines ‘‘consular officer’’ as one who has authority to issue visas. Traditionally this person is knowledgeable and familiar with the maritime safety and seamen’s welfare laws. Section 2101(7) defines ‘‘crude oil’’ because certain equipment requirements like inert gas systems, seg- regated ballast tanks, crude oil washing systems or special ballast arrangements are applicable only to tank vessels that carry crude oil. Crude oil is still in- cluded within the definition of ‘‘hazardous material’’ and ‘‘oil’’. Section 2101(8) defines a ‘‘crude oil tanker’’ as one en- gaged in carrying crude oil. The definition does not in- clude a tank barge since a tanker is defined as a self- propelled tank vessel. See also 2101(38). Section 2101(9) makes it clear that the term ‘‘dis- charge’’ when referring to a substance that emanates from a vessel and is related to the marine environ- mental laws concerning pollution by oil or hazardous substances. Section 2101(10) defines a ‘‘documented vessel’’ as any vessel of the United States that has been issued a cer- tificate of documentation that might include a reg- ister, enrollment, license, or enrollment and license for various trades. Section 2101(11) lists what is included in the term ‘‘fisheries’’ for the purpose of documentation of vessels and is intended to be all-inclusive of the numerous types of fishing activities. Section 2101(12) defines ‘‘foreign vessel’’ as any for- eign flag or foreign operated vessel that is operated under the jurisdiction or authority of a government other than the United States. Section 2101(13) defines a ‘‘freight vessel’’ as a motor vessel or any vessel propelled by diesel or other inter- nal combustion engines and that carries freight for hire. Section 2101(14) defines ‘‘hazardous materials’’ as a broad range of materials that are not only flammable or combustible but are also designated under related maritime safety and environmental laws. Section 2101(15) defines ‘‘marine environment’’ as an all-inclusive term that was developed to cover land and water areas that could be affected by pollution from all vessels and not only tank vessels. Section 2101(16) defines ‘‘motor vessel’’ as a vessel propelled by machinery other than steam to make it clear that these vessels are not steam vessels. Section 2101(17) defines ‘‘nautical school vessel’’ as a vessel that can be a privately owned and operated as well as a publicly owned and operated school vessel. Section 2101(18) defines ‘‘oceanographic research ves- sel’’ as a vessel employed in oceanography or limnology research or instruction. It is defined because this type of vessel, while not inspected and certified as such, is subject to a number of special statutory and regulatory requirements. Section 2101(19) defines ‘‘offshore supply vessel’’ as a class of vessel that is limited by tonnage and its em- ployment in the mineral and oil industry and while so employed it is not a small passenger vessel. Section 2101(20) defines ‘‘oil’’ to include oil of any type, in any form, or in any mixture. This is the defini- tion that originated with marine environment and pol- lution laws and continues the definition that was adopted by port and tanker safety laws. Section 2101(21) defines the term ‘‘passengers’’ in re- lation to various types of vessels. Due to the com- plexity of existing laws with respect to the definitions of ‘‘passenger’’ on various categories of vessels and the need to not make any changes of a substantive nature that could be construed as controversial, four defini- tions of ‘‘passenger’’ have been included. Section 2101(22) defines ‘‘passenger vessel’’ as one that is at least 100 gross tons and carries at least one passenger for hire. Section 2101(23) defines ‘‘product carrier’’ as a tanker that is engaged in carrying oil. This definition when read with the definition of tanker means that it is a self-propelled vessel. A tank barge carrying oil prod- ucts is a tank vessel but is not subject to the special standards or requirements for a product carrier. Section 2101(24) defines a ‘‘public vessel’’ as a govern- mental vessel that is not in commercial service. It should be noted that a sovereign-controlled foreign-flag vessel that is engaged in commercial service is not a public vessel and is subject to maritime safety and en- vironment laws. Page 24 TITLE 46—SHIPPING § 2101 Section 2101(25) defines a ‘‘recreational vessel’’ as a class of vessel whose primary purpose is for pleasure. These vessels while not subject to inspection are sub- ject to certain requirements of law to improve boating safety. Section 2101(26) defines a ‘‘recreational vessel manu- facturer’’ as one that is involved with not only the rec- reational vessels themselves but also with their compo- nents or associated equipment. Section 2101(27), (28), (29), and (30) provides a number of definitions that define the type of instruction, in- structor, student, and vessel that is involved in the teaching of sailing. Section 2101(31) defines ‘‘scientific personnel’’ as indi- viduals engaged in oceanography or limnology because they are specially treated under various maritime safe- ty requirements. Section 2101(32) defines a ‘‘seagoing barge’’ as a vessel that is at least 100 gross tons making voyages to sea be- yond the boundary line. Section 2101(33) defines a ‘‘seagoing motor vessel’’ as a vessel that must be a motor vessel, as defined in 2101(15), of at least 300 gross tons making voyages to sea beyond the boundary line. Section 2101(34) defines ‘‘Secretary’’ so that maritime safety and seamen’s welfare jurisdiction remains with- in the Coast Guard at all times. Section 2101(35) defines ‘‘small passenger vessel’’ as one that is less than 100 gross tons carrying more than six passengers as defined in section 2101(21). Section 2101(36) defines ‘‘State’’ as a State, territory or possession of the United States and is used to estab- lish jurisdictional limits for the application of the var- ious maritime safety and environmental safety laws of this subtitle. This definition is further limited by defi- nitions in section 2102 that relate to recreational boat- ing safety and facility improvement programs. Section 2101(37) defines a ‘‘steam vessel’’ as a vessel propelled by steam. However, steam vessels of not more than 40 feet that are used exclusively for pleasure are not included. Section 2101(38) defines ‘‘tanker’’ as a self-propelled tank vessel that has been constructed or primarily adapted to carry oil or hazardous material in bulk in the cargo spaces. This vessel is a subclass of tank ves- sel, which is defined in section 2101(39). This subclass definition is necessary because certain statutory min- imum requirements that are consistent with inter- nationally accepted standards are solely applicable to these vessels. Section 2101(39) defines a ‘‘tank vessel’’ as a vessel carrying oil or hazardous materials in bulk or residue including a tanker as defined in section 2101(38). Section 2101(40) defines ‘‘towing vessel’’ as a vessel in commercial service that pushes, pulls, or tows along- side and includes what is traditionally known as a tug. Section 2101(41) defines ‘‘undocumented’’ which, in part, facilitates the classification of vessels that may be numbered by the proper issuing authority in a State. Section 2101(42) defines an ‘‘uninspected passenger vessel’’ as a vessel carrying six or less passengers. Section 2101(43) defines an ‘‘uninspected vessel’’ as a vessel not subject to inspection and certification by the Coast Guard under section 3301. Recreational vessels and inland towing vessels are typical uninspected ves- sels. Section 2101(44) defines ‘‘United States’’ to establish geographical boundaries for the applicability of the various maritime safety and environmental safety laws of this subtitle. This definition is further limited by definitions in section 2102 that relate to recreational boating safety and facility improvement programs. Section 2101(45) makes it clear that ‘‘vessel’’ as used in this subtitle has the same meaning as is provided in section 3 of title 1, of the U.S.C. Section 2101(46) defines ‘‘vessel of the United States’’ as a vessel that is documented or numbered under the laws of the United States. A documented vessel and those vessels that are numbered by a State or Federal authority are afforded the protection of the laws of the United States. Editorial Notes REFERENCES IN TEXT Section 1 of title 14, referred to in par. (2), was redes- ignated section 101 of title 14 by Pub. L. 115–282, title I, § 103(b), Dec. 4, 2018, 132 Stat. 4195, and references to sec- tion 1 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. Presidential Proclamation No. 5928, referred to in par. (23), is set out under section 1331 of Title 43, Public Lands. AMENDMENTS 2022—Pars. (45) to (56). Pub. L. 117–263 added pars. (45) and (46) and redesignated former pars. (45) to (54) as (47) to (56), respectively. 2018—Pub. L. 115–232 added undesignated par. defining ‘‘Commandant’’ after par. (4), substituted period for semicolon at end of par. (14), and redesignated pars. (1) to (48) as (1) to (54), respectively. Par. (41). Pub. L. 115–282 designated existing provi- sions as subpar. (A), inserted ‘‘Subject to subparagraph (B),’’ before ‘‘ ‘scientific personnel’ ’’ and added subpar. (B). 2010—Par. (1)(B). Pub. L. 111–281, § 618, as amended by Pub. L. 111–330, inserted ‘‘with the exception of emer- gency locator beacons for recreational vessels oper- ating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is meas- ured or beyond 3 nautical miles from the coastline of the Great Lakes,’’ before ‘‘does not include’’. Par. (19). Pub. L. 111–281, § 617(a)(1)(A), struck out ‘‘of more than 15 gross tons but less than 500 gross tons as measured under section 14502 of this title, or an alter- nate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘means a motor vessel’’. 2006—Pars. (2) to (3a). Pub. L. 109–304, § 15(2)(A), struck out pars. (2), (3), and (3a), which defined ‘‘barge’’, ‘‘Boundary Line’’, and ‘‘citizen of the United States’’, respectively. See sections 102, 103, and 104 of this title. Par. (6). Pub. L. 109–304, § 15(2)(A), struck out par. (6) which read as follows: ‘‘ ‘consular officer’ means an offi- cer or employee of the United States Government des- ignated under regulations to grant visas.’’ See section 105 of this title. Par. (8a). Pub. L. 109–304, § 15(2)(B), inserted ‘‘Preven- tion’’ after ‘‘Abuse’’. Pars. (10), (10a). Pub. L. 109–304, § 15(2)(A), struck out pars. (10) and (10a) which defined ‘‘documented vessel’’ and ‘‘Exclusive Economic Zone’’, respectively. See sec- tions 106 and 107 of this title. Par. (10b). Pub. L. 109–241, § 301(a), added par. (10b). Par. (12). Pub. L. 109–304, § 15(2)(A), struck out par. (12) which read as follows: ‘‘ ‘foreign vessel’ means a vessel of foreign registry or operated under the author- ity of a country except the United States.’’ See section 110 of this title. Par. (17b). Pub. L. 109–304, § 15(2)(A), struck out par. (17b) which read as follows: ‘‘ ‘numbered vessel’ means a vessel for which a number has been issued under chapter 123 of this title.’’ See section 111 of this title. Par. (18). Pub. L. 109–304, § 15(2)(C), struck out ‘‘those’’ after ‘‘including’’. Par. (22)(D). Pub. L. 109–241, § 301(b), added subpar. (D). Par. (26a). Pub. L. 109–241, § 312(b), added par. (26a). Par. (34). Pub. L. 109–304, § 15(2)(D), struck out ‘‘, except in part H,’’ before ‘‘means’’ and substituted ‘‘Secretary of’’ for ‘‘head of’’. Par. (35)(E). Pub. L. 109–241, § 301(c), added subpar. (E). Par. (36). Pub. L. 109–304, § 15(2)(A), struck out par. (36) which read as follows: ‘‘ ‘State’ means a State of the United States, Guam, Puerto Rico, the Virgin Is- lands, American Samoa, the District of Columbia, the Page 25 TITLE 46—SHIPPING § 2101 Northern Mariana Islands, and any other territory or possession of the United States.’’ See section 112 of this title. Par. (41). Pub. L. 109–304, § 15(2)(A), struck out par. (41) which read as follows: ‘‘ ‘undocumented’ means not having and not required to have a document issued under chapter 121 of this title.’’ See section 113 of this title. Pars. (44) to (46). Pub. L. 109–304, § 15(2)(A), struck out pars. (44) to (46), which defined ‘‘United States’’, ‘‘ves- sel’’, and ‘‘vessel of the United States’’, respectively. See sections 114, 115, and 116 of this title. 2002—Par. (17). Pub. L. 107–217 substituted ‘‘section 558 of title 40’’ for ‘‘section 13 of the Coast Guard Au- thorization Act of 1986’’. Par. (35). Pub. L. 107–295, § 419(a), inserted ‘‘a wing-in- ground craft, regardless of tonnage, carrying at least one passenger for hire, and’’ after ‘‘ ‘small passenger vessel’ means’’ in introductory provisions. Par. (48). Pub. L. 107–295, § 419(b), added par. (48). 1998—Pars. (17a), (17b). Pub. L. 105–383 added par. (17a) and redesignated former par. (17a) as (17b). 1996—Par. (13). Pub. L. 104–324, § 709(1), inserted ‘‘as measured under section 14502 of this title, or an alter- nate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘15 gross tons’’. Par. (13a). Pub. L. 104–324, § 709(2), inserted ‘‘as meas- ured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘3,500 gross tons’’. Par. (19). Pub. L. 104–324, § 709(3), inserted ‘‘as meas- ured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘500 gross tons’’. Par. (20a). Pub. L. 104–324, § 1104(a)(2), added par. (20a). Former par. (20a) redesignated (20b). Par. (20b). Pub. L. 104–324, § 1104(a)(1), redesignated par. (20a) as (20b). Par. (22). Pub. L. 104–324, § 709(4), inserted ‘‘as meas- ured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘100 gross tons’’. Par. (30)(A). Pub. L. 104–324, § 709(5), inserted ‘‘as measured under section 14502 of this title, or an alter- nate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘500 gross tons’’. Par. (32). Pub. L. 104–324, § 709(6), inserted ‘‘as meas- ured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘100 gross tons’’. Par. (33). Pub. L. 104–324, § 709(7), inserted ‘‘as meas- ured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘300 gross tons’’. Par. (35). Pub. L. 104–324, § 709(8), inserted ‘‘as meas- ured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘100 gross tons’’. Par. (42). Pub. L. 104–324, § 709(9), inserted ‘‘as meas- ured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘100 gross tons’’ in subpars. (A) and (B). 1994—Par. (14)(C). Pub. L. 103–272 substituted ‘‘section 5103(a) of title 49’’ for ‘‘section 104 of the Hazardous Ma- terials Transportation Act (49 App. U.S.C. 1803)’’. 1993—Par. (5a). Pub. L. 103–206, § 507, added par. (5a). Par. (19). Pub. L. 103–206, § 508, inserted ‘‘individuals in addition to the crew,’’ after ‘‘supplies,’’ and struck out ‘‘and is not a small passenger vessel’’ after ‘‘re- sources’’. Par. (21). Pub. L. 103–206, § 502, amended par. (21) gen- erally, substituting subpars. (A) to (D) defining ‘‘pas- senger’’ for former subpars. (A) to (F) defining ‘‘pas- senger’’. Par. (21a). Pub. L. 103–206, § 506, added par. (21a). Par. (22). Pub. L. 103–206, § 503, amended par. (22) gen- erally. Prior to amendment, par. (22) read as follows: ‘‘ ‘passenger vessel’ means a vessel of at least 100 gross tons carrying at least one passenger for hire.’’ Par. (30)(B). Pub. L. 103–206, § 509, substituted ‘‘more than 6’’ for ‘‘at least 6’’. Par. (35). Pub. L. 103–206, § 504, amended par. (35) gen- erally. Prior to amendment, par. (35) read as follows: ‘‘ ‘small passenger vessel’ means a vessel of less than 100 gross tons carrying more than 6 passengers (as de- fined in clause (21)(B) and (C) of this section).’’ Par. (37a). Pub. L. 103–206, § 510, added par. (37a). Par. (42). Pub. L. 103–206, § 505, amended par. (42) gen- erally. Prior to amendment, par. (42) read as follows: ‘‘ ‘uninspected passenger vessel’ means an uninspected vessel carrying not more than 6 passengers.’’ 1992—Par. (13a). Pub. L. 102–587 added par. (13a). 1990—Par. (8a). Pub. L. 101–380 added par. (8a). Par. (14)(C). Pub. L. 101–595 substituted ‘‘(49 App. U.S.C. 1803)’’ for ‘‘(49 U.S.C. 1803)’’. 1989—Par. (17a). Pub. L. 101–225 added par. (17a). 1988—Par. (10a). Pub. L. 100–239 added par. (10a). Par. (14a). Pub. L. 100–424 added par. (14a). Par. (34). Pub. L. 100–710, § 104(a)(1), inserted ‘‘, except in part H,’’ before ‘‘means’’. Par. (46). Pub. L. 100–710, § 104(a)(2), inserted ‘‘or titled under the law of a State’’ before period at end. 1986—Par. (11b). Pub. L. 99–640, § 10(b)(1), inserted ‘‘freezing,’’. Par. (14)(C). Pub. L. 99–307, § 1(1), substituted ‘‘Mate- rials’’ for ‘‘Material’’. Par. (15a). Pub. L. 99–640, § 11(a), added par. (15a). Par. (17). Pub. L. 99–640, § 13(d), inserted ‘‘or an edu- cational institution under section 13 of the Coast Guard Authorization Act of 1986’’. Par. (20a). Pub. L. 99–509, § 5102(b)(1)(A), added par. (20a). Par. (21)(A)(ii). Pub. L. 99–307, § 1(2)(A), inserted ‘‘or other individual engaged in the business of the vessel who has not contributed consideration for carriage on board the vessel’’ after ‘‘crewmember’’. Par. (21)(B). Pub. L. 99–307, § 1(2)(D), struck out ‘‘or a sailing school vessel,’’ after ‘‘passenger vessel’’. Par. (21)(B)(v) to (vii). Pub. L. 99–307, § 1(2)(B), added cls. (v) and (vi) and struck out former cls. (v) to (vii) which read as follows: ‘‘(v) a guest on board a vessel that is being operated only for pleasure, or a guest on board a sailing school vessel, who has not contributed consideration for car- riage on board; ‘‘(vi) an individual on board a towing vessel of at least 50 gross tons who has not contributed consider- ation for carriage on board; or ‘‘(vii) a sailing school instructor or sailing school stu- dent.’’ Par. (21)(F). Pub. L. 99–307, § 1(2)(C), added subpar. (F). Par. (30)(D). Pub. L. 99–514 substituted ‘‘Internal Rev- enue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. Par. (47). Pub. L. 99–509, § 5102(b)(1)(B), added par. (47). 1984—Par. (3a). Pub. L. 98–454 added par. (3a). Par. (11). Pub. L. 98–364, § 402(1)(A), substituted ‘‘ ‘fish’ means finfish, mollusks, crustaceans, and all other forms of marine animal and plant lift, except marine mammals and birds’’ for ‘‘ ‘fisheries’ includes planting, cultivating, catching, taking, or harvesting fish, shell- fish, marine animals, pearls, shells, or marine vegeta- tion at a place in the fishery conservation zone estab- lished by section 101 of the Magnuson Fishery Con- servation and Management Act of 1976 (16 U.S.C. 1811)’’, which is now covered in section 12101 of this title. Pars. (11a) to (11c). Pub. L. 98–364, § 402(1)(B), added pars. (11a) to (11c). Par. (21)(B). Pub. L. 98–557, § 34(a)(1), inserted ref- erence to a sailing school vessel in provisions preceding cl. (i). Par. (21)(E). Pub. L. 98–364, § 402(1)(C), added subpar. (E). Page 26 TITLE 46—SHIPPING § 2101 Par. (27). Pub. L. 98–557, § 34(a)(2), designated existing provisions as subpar. (A) and added subpar. (B). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, pro- vided that the amendment made by section 1(9) is effec- tive with the enactment of Pub. L. 111–281. EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–587, title V, § 5208(c), (d), Nov. 4, 1992, 106 Stat. 5076, provided that: ‘‘(c) For Great Lakes barges placed in operation after the date of enactment of this Act [Nov. 4, 1992], the amendments made by this section [amending this sec- tion and section 3301 of this title] take effect on the date of enactment of this Act. ‘‘(d)(1) For Great Lakes barges in operation on the date of enactment of this Act, the amendments made by this section take effect one year after the date of en- actment of this Act. ‘‘(2) The Secretary of Transportation may impose reasonable interim requirements to assure safe oper- ation of the barges affected by paragraph (1).’’ EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–710 effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as an Effective Date note under section 31301 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. TOWING VESSELS OPERATING OUTSIDE BOUNDARY LINE Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], § 8402, Jan. 1, 2021, 134 Stat. 4720, provided that: ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘Boundary Line’ has the meaning given the term in section 103 of title 46, United States Code; ‘‘(2) the term ‘Officer in Charge, Marine Inspection’ has the meaning given the term in section 3305(d)(4) of title 46, United States Code; and ‘‘(3) the term ‘Secretary’ means the Secretary of the Department in which the Coast Guard is oper- ating. ‘‘(b) INTERIM EXEMPTION.—A towing vessel described in subsection (c) and a response vessel included on a vessel response plan are exempt from any additional re- quirements of subtitle II of title 46, United States Code, and chapter I of title 33 and chapter I of title 46, Code of Federal Regulations (as in effect on the date of the enactment of this Act [Jan. 1, 2021]), that would result solely from such vessel operating outside the Boundary Line, if— ‘‘(1) the vessel is— ‘‘(A) operating outside the Boundary Line solely to perform regular harbor assist operations; or ‘‘(B) listed as a response vessel on a vessel re- sponse plan and is operating outside the Boundary Line solely to perform duties of a response vessel; ‘‘(2) the vessel is approved for operations outside the Boundary Line by the Officer in Charge, Marine Inspection and the Coast Guard Marine Safety Cen- ter; and ‘‘(3) the vessel has sufficient manning and life- saving equipment for all persons on board, in accord- ance with part 15 and section 141.225 of title 46, Code of Federal Regulations (or any successor regulation). ‘‘(c) APPLICABILITY.—This section applies to a towing vessel— ‘‘(1) that is subject to inspection under chapter 33 of title 46, United States Code, and subchapter M of chapter I of title 46, Code of Federal Regulations (or any successor regulation); ‘‘(2) with only ‘Lakes, Bays, and Sounds’ or ‘Rivers’ routes recorded on such vessel’s certificate of inspec- tion pursuant to section 136.230 of title 46, Code of Federal Regulations (or any successor regulation); ‘‘(3) that, with respect to a vessel described in sub- section (b)(1)(A), is operating as a harbor assist vessel and regularly engaged in harbor assist operations, in- cluding the docking, undocking, mooring, unmooring, and escorting of vessels with limited maneuver- ability; and ‘‘(4) that, with respect to a vessel that is described in subsection (b)(1)(B), is listed— ‘‘(A) on a vessel response plan under part 155 of title 33, Code of Federal Regulations, on the date of approval of the vessel response plan; or ‘‘(B) by name or reference in the vessel response plan’s geographic-specific appendix on the date of approval of the vessel response plan. ‘‘(d) LIMITATIONS.—A vessel exempted under sub- section (b) is subject to the following operating limita- tions: ‘‘(1) The voyage of a vessel described in subsection (b)(1)(A) shall— ‘‘(A) be less than 12 hours in total duration; ‘‘(B) originate and end in the inspection zone of a single Officer in Charge, Marine Inspection; and ‘‘(C) occur no further than 10 nautical miles from the Boundary Line. ‘‘(2) The voyage of a vessel described in subsection (b)(1)(B) shall— ‘‘(A) originate and end in the inspection zone of a single Officer in Charge, Marine Inspection; and ‘‘(B) either— ‘‘(i) in the case of a voyage in the territorial waters of Alaska, Guam, Hawaii, American Samoa, and the Northern Mariana Islands, have sufficient manning as determined by the Sec- retary; or ‘‘(ii) be less than 12 hours. ‘‘(e) SAFETY.— ‘‘(1) SAFETY RESTRICTIONS.—The Officer in Charge, Marine Inspection for an inspection zone may restrict operations under the interim exemption provided under subsection (b) for safety purposes. ‘‘(2) COMPREHENSIVE LISTS.—The Officer in Charge, Marine Inspection for an inspection zone shall main- tain and periodically update a comprehensive list of all towing vessels described in subsection (c) that op- erate in the inspection zone. ‘‘(3) NOTIFICATION.—Not later than 24 hours prior to intended operations outside of the Boundary Line, a towing vessel exempted under subsection (b) shall no- tify the Office in Charge, Marine Inspection for the inspection zone of such operations. Such notification shall include— ‘‘(A) the date, time, and length of voyage; ‘‘(B) a crew list, with each crew member’s creden- tials and work hours; and ‘‘(C) an attestation from the master of the towing vessel that the vessel has sufficient manning and lifesaving equipment for all persons on board. ‘‘(f) BRIEFING.—Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the following: ‘‘(1) The impacts of the interim exemption provided under this section. Page 27 TITLE 46—SHIPPING § 2102 ‘‘(2) Any safety concerns regarding the expiration of such interim exemption. ‘‘(3) Whether such interim exemption should be ex- tended. ‘‘(g) TERMINATION.—The interim exemption provided under subsection (b) shall terminate on the date that is 2 years after the date of the enactment of this Act.’’ FISHING AND FISH TENDER VESSELS Pub. L. 103–206, title III, § 321, Dec. 20, 1993, 107 Stat. 2427, provided that: ‘‘(a) In this section, ‘fish tender vessel’, ‘fishing ves- sel’, and ‘tank vessel’ have the meanings given those terms under section 2101 of title 46, United States Code. ‘‘(b) A fishing vessel or fish tender vessel of not more than 750 gross tons, when engaged only in the fishing industry, shall not be deemed to be a tank vessel for the purposes of any law. ‘‘(c)(1) This section does not affect the authority of the Secretary of Transportation under chapter 33 of title 46, United States Code, to regulate the operation of the vessels listed in subsection (b) to ensure the safe carriage of oil and hazardous substances. ‘‘(2) This section does not affect the requirement for fish tender vessels engaged in the Aleutian trade to comply with chapters 33, 45, 51, 81, and 87 of title 46, United States Code, as provided in the Aleutian Trade Act of 1990 (Public Law 101–595) [see Short Title of 1990 Amendment note set out under section 101 of this title].’’ APPLICABILITY DATE FOR REVISED REGULATIONS Pub. L. 103–206, title V, § 513, Dec. 20, 1993, 107 Stat. 2443, provided that: ‘‘(a) APPLICABILITY DATE FOR CERTAIN CHARTERED VESSELS.—Revised regulations governing small pas- senger vessels and passenger vessels (as the definitions of those terms in section 2101 of title 46, United States Code, are amended by this Act) shall not, before the date that is 6 months after the date of enactment of this Act [Dec. 20, 1993], apply to such vessels when char- tered with no crew provided. ‘‘(b) EXTENSION OF PERIOD.—The Secretary of the de- partment in which the Coast Guard is operating shall extend for up to 30 additional months or until issuance of a certificate of inspection, whichever occurs first, the period of inapplicability specified in subsection (a) if the owner of the vessel concerned carries out the pro- visions of subsection (c) to the satisfaction of the Sec- retary. ‘‘(c) CONDITIONS FOR EXTENSION.—To receive an exten- sion authorized by subsection (b), the owner of the ves- sel shall— ‘‘(1) make application for inspection with the Coast Guard within 6 months after the date of enactment of this Act [Dec. 20, 1993]; ‘‘(2) make the vessel available for examination by the Coast Guard prior to the carriage of passengers; ‘‘(3)(A) correct especially any hazardous conditions involving the vessel’s structure, electrical system, and machinery installation, such as (i) grossly inad- equate, missing, unsound, or severely deteriorated frames or major structural members; (ii) wiring sys- tems or electrical appliances without proper ground- ing or overcurrent protection; and (iii) significant fuel or exhaust system leaks; ‘‘(B) equip the vessel with lifesaving and fire fight- ing equipment, or the portable equivalent, required for the route and number of persons carried; and ‘‘(C) verify through stability tests, calculations, or other practical means (which may include a history of safe operations) that the vessel’s stability is satis- factory for the size, route, and number of passengers; and ‘‘(4) develop a work plan approved by the Coast Guard to complete in a good faith effort all require- ments necessary for issuance of a certificate of in- spection as soon as practicable. ‘‘(d) OPERATION OF VESSEL DURING EXTENSION PE- RIOD.—The owner of a vessel receiving an extension under this section shall operate the vessel under the conditions of route, service, number of passengers, manning, and equipment as may be prescribed by the Coast Guard for the extension period.’’ TANK VESSEL DEFINITION CLARIFICATION Pub. L. 102–587, title V, § 5209, Nov. 4, 1992, 106 Stat. 5076, as amended by Pub. L. 105–383, title IV, § 422, Nov. 13, 1998, 112 Stat. 3439; Pub. L. 111–281, title VI, § 617(a)(1)(B), Oct. 15, 2010, 124 Stat. 2972, provided that: ‘‘(a) In this section, ‘offshore supply vessel’, ‘fish ten- der vessel’, ‘fishing vessel’, and ‘tank vessel’ have the meanings given those terms under section 2101 of title 46, United States Code. ‘‘(b) The following vessels are deemed not to be a tank vessel for the purposes of any law: ‘‘(1) An offshore supply vessel of less than 500 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 of such title as prescribed by the Secretary under section 14104 of such title. ‘‘(2) A fishing or fish tender vessel of not more than 750 gross tons that transfers without charge to a fish- ing vessel owned by the same person. ‘‘(3) A vessel— ‘‘(A) configured, outfitted, and operated primarily for dredging operations; and ‘‘(B) engaged in dredging operations which trans- fers fuel to other vessels engaged in the same dredg- ing operations without charge. ‘‘(c)(1) This section does not affect the authority of the Secretary of Transportation under chapter 33 of title 46, United States Code, to regulate the operation of the vessels listed in subsection (b) to ensure the safe carriage of oil and hazardous substances. ‘‘(2) This section does not affect the requirement for fish tender vessels engaged in the Aleutian trade to comply with chapters 33, 45, 51, 81, and 87 of title 46, United States Code, as provided in the Aleutian Trade Act of 1990 ([title VI of] Public Law 101–595) [see Short Title of 1990 Amendment note set out under section 101 of this title]. ‘‘(d) Current regulations governing the vessels in sub- section (b) remain in effect.’’ DEFINITIONS OF TERMS USED IN TITLE II OF PUB. L. 115–265 Pub. L. 115–265, title II, § 203, Oct. 11, 2018, 132 Stat. 3745, provided that: ‘‘In this title [see section 201 of Pub. L. 115–265, set out as a Short Title of 2018 Amend- ment note under section 101 of this title]: ‘‘(1) COMMANDANT.—The term ‘Commandant’ means the Commandant of the Coast Guard. ‘‘(2) RECOGNIZED ORGANIZATION.—The term ‘recog- nized organization’ has the meaning given that term in section 2.45–1 of title 46, Code of Federal Regula- tions, as in effect on the date of the enactment of this Act [Oct. 11, 2018]. ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating.’’ § 2102. Limited definitions In chapters 33, 45, 51, 81, and 87 of this title, ‘‘Aleutian trade’’ means the transportation of cargo (including fishery related products) for hire on board a fish tender vessel to or from a place in Alaska west of 153 degrees west lon- gitude and east of 172 degrees east longitude, if that place receives weekly common carrier serv- ice by water, to or from a place in the United States (except a place in Alaska). (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 505; Pub. L. 98–369, div. A, title X, § 1011(a), July 18, 1984, 98 Stat. 1013; Pub. L. 99–509, title V, § 5102(b)(2), Oct. 21, 1986, 100 Stat. 1926; Pub. L. 101–595, title VI, § 602(a), Nov. 16, 1990, 104 Stat. 2990; Pub. L.