46 U.S.C. § 12501 — Establishment of a vessel identification

Page 224 TITLE 46—SHIPPING § 12308 fees shall apply equally to residents and non- residents of the State. A State issuing authority may impose only conditions for vessel num- bering that are— (1) prescribed by this chapter or regulations of the Secretary about the standard num- bering system; or (2) related to proof of payment of State or local taxes. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 591.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 12307 ............................................ 46:1472 Section 12307 provides the States or the Secretary with the authority to prescribe regulations and estab- lish fees for carrying out the requirements of this chap- ter. The fee must apply equally to residents and non- residents of the State in which the vessel is numbered. § 12308. Providing vessel numbering and reg- istration information A person may request from an authority issuing a number under this chapter the num- bering and registration information of a vessel that is retrievable from vessel numbering sys- tem records of the issuing authority. When the issuing authority is satisfied that the request is reasonable and related to a boating safety pur- pose, the information shall be provided on pay- ing the cost of retrieving and providing the in- formation requested. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 592.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 12308 ............................................ 46:1473 Section 12308 requires the number issuing authority to supply for a fee, numbering and registration infor- mation to any person, upon request, if the request is reasonable and related to boating safety. § 12309. Penalties (a) A person willfully violating this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both. (b) A person violating this chapter or a regula- tion prescribed under this chapter is liable to the United States Government for a civil pen- alty of not more than $1,000. If the violation in- volves the operation of a vessel, the vessel also is liable in rem for the penalty. (c) When a civil penalty of not more than $200 has been assessed under this chapter, the Sec- retary may refer the matter of collection of the penalty directly to the United States magistrate judge of the jurisdiction in which the person lia- ble may be found for collection procedures under supervision of the district court and under an order issued by the court delegating this author- ity under section 636(b) of title 28. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 592; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 12309(a) ........................................ 46:1483 HISTORICAL AND REVISION NOTES—CONTINUED Revised section Source section (U.S. Code) 12309(b) ........................................ 46:1484(b) 12309(c) ........................................ 46:1484(d) Section 12309 provides for civil and criminal penalties for violation of the vessel numbering provisions in this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in subsec. (c) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. CHAPTER 125—VESSEL IDENTIFICATION SYSTEM Sec. 12501. Establishment of a vessel identification sys- tem. 12502. Identification numbers, signal letters, and markings. 12503. Information available to the system. 12504. Information available from the system. 12505. Fees. 12506. Delegation of authority. 12507. Penalties. HISTORICAL AND REVISION NOTES Section 101 of H.R. 3105, as amended, adds a new chap- ter 125 to title 46, United States Code, to establish a vessel identification system for all vessels of the United States. This would include vessels documented under chapter 121 of title 46, numbered under chapter 123 of that title, or titled under the law of a State. This new chapter consists of new sections 12501–12507 as fol- lows. § 12501. Establishment of a vessel identification system (a) The Secretary of Transportation shall es- tablish a vessel identification system to make available information under section 12503 of this title for use by the public for law enforcement and other purposes relating to— (1) the ownership of documented vessels; (2) the ownership of vessels numbered under chapter 123 of this title; and (3) the ownership of vessels titled under the law of a State. (b) The vessel identification system shall in- clude information prescribed by the Secretary including— (1) identifying a vessel; (2) identifying the owner of the vessel, in- cluding— (A) the owner’s social security number or, if that number is not available, other means of identification acceptable to the Sec- retary; or (B) for an owner other than an individual— (i) the owner’s taxpayer identification number; or (ii) if the owner does not have a taxpayer identification number, the social security number of an individual who is a corporate officer, general partner, or individual trustee of the owner and who signed the application for documentation or num- bering for the vessel; Page 225 TITLE 46—SHIPPING § 12502 (3) identifying the State in which it is titled or numbered; (4) indicating whether the vessel is num- bered or titled, or both; (5) if titled in a State, indicating where evi- dence of a lien or other security interest may be found against the vessel in that State; and (6) information assisting law enforcement of- ficials. (c) The Secretary may maintain information under this chapter in connection with any other information system maintained by the Sec- retary. (Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4735; amended Pub. L. 101–225, title III, § 302(1), Dec. 12, 1989, 103 Stat. 1922; Pub. L. 101–595, title VI, § 603(10), Nov. 16, 1990, 104 Stat. 2993.) HISTORICAL AND REVISION NOTES Revised section 12501 Subsection (a) of section 12501 requires the Secretary of Transportation to establish a system of information concerning vessels of the United States for law enforce- ment and other purposes. The Secretary is required to make available information from the system relating to the ownership of vessels documented under chapter 121 of title 46, numbered under chapter 123 of that title, and titled under the law of a State. The information is available under section 12503 for use by the public, similarly under the Ship Mortgage Act, 1920. Subsection (b) lists the vessel identification informa- tion which is required to be maintained by the Sec- retary. The Secretary has the authority to prescribe other information to be maintained in addition to the items listed. For example, the Secretary may identify vessels issued fisheries permits by the Department of Commerce. The Secretary may also monitor trans- actions involving vessels that require approval by the Secretary under section 9 of the Shipping Act, 1916 (46 App. U.S.C. 808) before interest or control in the vessel may be transferred to a noncitizen. Subsection (c) clarifies that the Secretary has the flexibility to maintain this system in connection with any other information system maintained by the Sec- retary, including the Federal Aviation Administration system containing aircraft ownership information. This would also permit the Secretary to combine various systems and data bases maintained by the Secretary such as documentation and numbering of vessels, and safety, casualty, and law enforcement statistics. Editorial Notes AMENDMENTS 1990—Subsec. (b)(2)(A). Pub. L. 101–595 amended sub- par. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘the owner’s social security number; or’’. 1989—Subsec. (b)(2). Pub. L. 101–225 amended par. (2) generally, adding subpars. (A) and (B). 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. RECORDS AND OTHER INFORMATION; ESTABLISHMENT, CENTRALIZATION AND COMPUTERIZATION Pub. L. 100–710, title I, § 104(e)(2), Nov. 23, 1988, 102 Stat. 4751, provided that: ‘‘To establish, centralize, and computerize records and other information maintained under chapters 121, 125, and 313 of title 46, United States Code, from the effective date of this title [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] through September 30, 1993, the Sec- retary of Transportation shall spend (out of amounts appropriated for the Department of Transportation under an appropriations law) not less than an amount that is equal to the amounts estimated to be— ‘‘(A) collected under section 9701 of title 31, United States Code, for fees paid for services and things of value provided under chapter 313 of title 46, United States Code (as enacted by section 101 of this Act), and for documenting vessels under chapter 121 of title 46; and ‘‘(B) transferred to or collected by the Secretary under chapter 125 of title 46, United States Code (as enacted by section 101 of this Act).’’ PERSONNEL AND EQUIPMENT; RECRUITMENT, COMPENSA- TION, TRAINING, PURCHASING, OR DEPLOYMENT Pub. L. 100–710, title I, § 104(g), Nov. 23, 1988, 102 Stat. 4751, provided that: ‘‘Nothing in this section [amending sections 2101, 2110, 12102, 12103, 12105, 12110, 12112, 12117, 12119, and 12120 of this title and sections 808, 1242, and 1271 of the Appendix to this title, and enacting provi- sions set out as notes under sections 12501, 12502, and 12505 of this title] requires the Coast Guard to recruit, compensate, train, purchase, or deploy any personnel or equipment to carry out chapter 125 of title 46, United States Code (as enacted by section 101 of this Act), ex- cept to the extent that appropriations are made avail- able in an appropriations law for the Department of Transportation.’’ [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.] § 12502. Identification numbers, signal letters, and markings (a) For the identification of a vessel of the United States, the Secretary of Transpor- tation— (1) shall maintain a unique numbering sys- tem and assign a number to each vessel of the United States; (2) may maintain a system of signal letters for a documented vessel; (3) shall record a name selected by the owner of a documented vessel approved by the Sec- retary as the vessel’s name of record; and (4) may establish other identification mark- ings. (b) The manufacturer or owner of a vessel shall affix to the vessel and maintain in the manner prescribed by the Secretary the number assigned and any other markings the Secretary may require. (c) Once a number is assigned under this sec- tion, it may not be used by another vessel. (d) Once a documented vessel’s name is estab- lished, the name may not be changed without the approval of the Secretary. (e) A person may not tamper with or falsify a number or other marking required under this section. (Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4736.)