46 U.S.C. § 80104 — Salvaging operations by foreign vessels

Page 600 TITLE 46—SHIPPING § 80101 authorized to enforce applicable provisions of United States law; (B) classed by and designed in accordance with the rules of a classification society; (C) lawfully operated in government-regu- lated or licensed activity, including com- merce, research, or exploration; or (D) equipped with and using an operable automatic identification system, vessel monitoring system, or long range identifica- tion and tracking system. (2) PRODUCTION OF DOCUMENTS.—The defenses provided by this subsection are proved conclu- sively by the production of— (A) government documents evidencing the vessel’s nationality at the time of the of- fense, as provided in article 5 of the 1958 Convention on the High Seas; (B) a certificate of classification issued by the vessel’s classification society upon com- pletion of relevant classification surveys and valid at the time of the offense; or (C) government documents evidencing li- censure, regulation, or registration for re- search or exploration. (d) CIVIL PENALTY.—A person violating this section shall be liable to the United States for a civil penalty of not more than $1,000,000. (Added Pub. L. 110–407, title II, § 202(a), Oct. 13, 2008, 122 Stat. 4299.) Subtitle VIII—Miscellaneous Chapter Sec. 801. Wrecks and Salvage ............................ 80101 803. Ice and Derelicts ................................. 80301 805. Safe Containers for International Cargo .................................................. 80501 CHAPTER 801—WRECKS AND SALVAGE Sec. 80101. Vessel stranded on foreign coast. [80102. Repealed.] 80103. Property on Florida coast to be taken to port of entry. 80104. Salvaging operations by foreign vessels. 80105. Canadian vessels aiding vessels in United States waters. 80106. International agreement on derelicts. 80107. Salvors of life to share in remuneration. Editorial Notes AMENDMENTS 2008—Pub. L. 110–375, § 1(2), Oct. 8, 2008, 122 Stat. 4055, struck out item 80102 ‘‘License to salvage on Florida coast’’. § 80101. Vessel stranded on foreign coast (a) DUTIES OF CONSULAR OFFICER.—When a ves- sel of the United States is stranded on a coast of a foreign country, the consular officer in that country shall take proper measures, to the ex- tent the laws of that country allow, to— (1) save and secure the vessel and property on the vessel; and (2) prepare an inventory of the property that is saved. (b) DELIVERY TO OWNER.—After deducting the expenses, the consular officer shall deliver the property, with an inventory, to the owner of the property. (c) LIMITATION ON TAKING POSSESSION.—A con- sular officer may not take possession of prop- erty under this section when the owner, master, or consignee is present or able to take posses- sion of the property. (Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1690.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 80101 .......... 46 App.:721. R.S. § 4238. In this section, the words ‘‘consular officer’’ are sub- stituted for ‘‘Consuls and vice consuls’’ and ‘‘consul or vice consul’’ for consistency in the revised title. Subsection (a)(1) is substituted for ‘‘as well for the purpose of saving the vessels, their cargoes and appur- tenances, as for storing and securing the effects and merchandise saved’’ to eliminate unnecessary words. [§ 80102. Repealed. Pub. L. 110–375, § 1(1), Oct. 8, 2008, 122 Stat. 4055] Section, Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1690, related to license to salvage on Florida coast. § 80103. Property on Florida coast to be taken to port of entry (a) IN GENERAL.—Property taken from a wreck, the sea, or a key or shoal, on the coast of Florida and within the jurisdiction of the United States, shall be brought to a port of entry of the United States. (b) SEIZURE AND FORFEITURE.—A vessel trans- porting property described in subsection (a) to a foreign port may be seized by, and forfeited to, the United States Government. A forfeiture under this subsection accrues half to the in- former and half to the Government. (Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1690.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 80103 .......... 46 App.:722. R.S. § 4239. 46 App.:723. R.S. § 4240. In subsection (a), the words ‘‘of any description what- soever’’ are omitted as unnecessary. In subsection (b), the words ‘‘transporting property described in subsection (a) of this section’’ are sub- stituted for ‘‘which shall be engaged or employed in carrying or transporting any property whatsoever, taken from any wreck, from the sea, or from any of the keys or shoals, within the jurisdiction of the United States, on the coast of Florida’’ to eliminate unneces- sary words. The words ‘‘may be seized by, and forfeited to, the United States Government’’ are substituted for ‘‘shall . . . be forfeited’’ for consistency in the revised title. The words ‘‘together with her tackle, apparel, and furniture’’ are omitted as unnecessary. The words ‘‘ac- crues half to the informer and half to the Government’’ are substituted for ‘‘one moiety to the informer and the other to the United States’’ to use more commonly un- derstood language. § 80104. Salvaging operations by foreign vessels (a) PROHIBITION.—Except as provided in this section or section 80105 of this title, a foreign vessel may not, under penalty of forfeiture, en- gage in salvaging operations on the Atlantic or Page 601 TITLE 46—SHIPPING § 80107 Pacific coast of the United States, in any por- tion of the Great Lakes or their connecting or tributary waters, including any portion of the Saint Lawrence River through which the inter- national boundary line extends, or in territorial waters of the United States on the Gulf of Mex- ico. (b) WHEN SUITABLE VESSEL NOT AVAILABLE.— The Secretary of Homeland Security may au- thorize a foreign vessel to engage in salvaging operations in a particular locality if, on inves- tigation, the Secretary is satisfied that there is not available in that locality a suitable vessel that is— (1) owned only by citizens of the United States (including a Bowaters corporation under section 12118 of this title); and (2) documented under chapter 121 of this title or numbered under chapter 123 of this title. (c) OPERATIONS AUTHORIZED BY TREATY.—This section does not prohibit or restrict assistance to vessels or salvaging operations authorized by treaty, including— (1) article II of the Treaty between the United States and Great Britain concerning reciprocal rights for United States and Canada in the conveyance of prisoners and wrecking and salvage, signed at Washington, May 18, 1908 (35 Stat. 2036); or (2) the Treaty between the United States of America and Mexico to facilitate assistance to and salvage of vessels in territorial waters, signed at Mexico City, June 13, 1935 (49 Stat. 3359). (Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1691.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 80104(a) ...... 46 App.:316(d) (words before pro- viso). R.S. § 4370(d), (e); June 11, 1940, ch. 324, 54 Stat. 305. 80104(b) ...... 46 App.:316(d) (pro- viso). 80104(c) ...... 46 App.:316(e). In subsection (a), the words ‘‘authorized by a treaty’’ are omitted because they are restated in subsection (c). In subsection (b), before paragraph (1), the Secretary of Homeland Security is substituted for the Commis- sioner of Customs because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178). The func- tions of the Commissioner of Customs previously were vested in the Secretary of the Treasury under section 321(c) of title 31. For prior related transfers of func- tions, see the transfer of functions note under 46 App. U.S.C. 316. The words ‘‘and no penalty shall be incurred for such authorized use’’ are omitted as unnecessary. In subsection (b)(1), the words ‘‘(including a Bowaters corporation under section 12118 of this title)’’ are added because the source for section 12118 (46 App. U.S.C. 883–1) provides that a corporation meeting the require- ments of that section is also a citizen of the United States under 46 App. U.S.C. 316, restated in part in this section. Subsection (b)(2) is substituted for ‘‘documented under the laws of the United States or numbered pursu- ant to the Act of June 7, 1918, as amended (46 U.S.C. 288)’’ to refer to the current provisions on documenta- tion and numbering. In subsection (c), the words ‘‘authorized by treaty, in- cluding’’ are added because the words ‘‘authorized by a treaty’’ are omitted from subsection (a). § 80105. Canadian vessels aiding vessels in United States waters (a) IN GENERAL.—Canadian vessels and wreck- ing equipment may give aid to Canadian or other vessels and property wrecked, disabled, or in distress in the waters of the United States contiguous to Canada, including— (1) the canal and improvement of the waters between Lake Erie and Lake Huron; and (2) the Saint Marys River and canal. (b) RECIPROCITY.—This section does not apply after the President proclaims that privileges re- ciprocal to those under subsection (a) have been withdrawn or rendered inoperative by the Gov- ernment of Canada. (Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1691.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 80105 .......... 46 App.:725. June 19, 1878, ch. 324, 20 Stat. 175; May 24, 1890, ch. 292, 26 Stat. 120; Mar. 3, 1893, ch. 211, § 1 (last par. under heading ‘‘Depart- ment of State’’), 27 Stat. 683. In subsection (a), before paragraph (1), the word ‘‘equipment’’ is substituted for ‘‘appurtenance’’ to use more commonly understood language. The words ‘‘and assistance’’ are omitted as unnecessary. Subsection (b) is substituted for ‘‘this section shall cease to be in force and effect from and after the date of the proclamation of the President of the United States to the effect that said reciprocol privilege has been withdrawn, revoked, or rendered inoperative by the said Government of the Dominion of Canada’’ to eliminate unnecessary words. § 80106. International agreement on derelicts The President may make an international agreement with other governments interested in the navigation of the North Atlantic Ocean, pro- viding for the reporting, marking, and removal of dangerous wrecks, derelicts, and other men- aces to navigation outside the coast waters of the countries bordering the North Atlantic Ocean. (Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1691.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 80106 .......... 46 App.:726. Oct. 31, 1893, No. 13, 28 Stat. 13. § 80107. Salvors of life to share in remuneration (a) ENTITLEMENT OF SALVORS.—A salvor of human life, who gave aid following an accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor for sal- vaging the vessel or other property or pre- venting or minimizing damage to the environ- ment. (b) COMMON OWNERSHIP OF VESSELS.—The right to remuneration for aid or salvage services is not affected by common ownership of the vessels giving and receiving the aid or salvage services.