Statutory Regulation

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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 46USC12501]

TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part H--Identification of Vessels
CHAPTER 125--VESSEL IDENTIFICATION SYSTEM
Sec. 12501. Establishment of a vessel identification system
(a) The Secretary of Transportation shall establish 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 include information
prescribed by the Secretary including-(1) identifying a vessel;
(2) identifying the owner of the vessel, including-(A) the owner's social security number or, if that number is
not available, other means of identification acceptable to the
Secretary; 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 numbering for the vessel;
(3) identifying the State in which it is titled or numbered;
(4) indicating whether the vessel is numbered or titled, or
both;
(5) if titled in a State, indicating where evidence of a lien or
other security interest may be found against the vessel in that
State; and
(6) information assisting law enforcement officials.
(c) The Secretary may maintain information under this chapter in
connection with any other information system maintained by the
Secretary.
(Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat. 4735;
Pub. L. 101-225, title III, Sec. 302(1), Dec. 12, 1989, 103 Stat. 1922;
Pub. L. 101-595, title VI, Sec. 603(10), Nov. 16, 1990, 104 Stat. 2993.)

Historical and Revision Notes

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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 enforcement 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 information which is
required to be maintained by the Secretary. 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 transactions 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 Secretary, 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.

Amendments
1990--Subsec. (b)(2)(A). Pub. L. 101-595 amended subpar. (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).

Effective Date
Chapter effective Jan. 1, 1989, with certain exceptions and
qualifications, see section 107 of Pub. L. 100-710, set out as a note
under section 30101 of this title.

Records and Other Information; Establishment, Centralization and
Computerization
Section 104(e)(2) of title I of Pub. L. 100-710 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 30101 of this title] through September 30,
1993, the Secretary 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

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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, Compensation, Training,
Purchasing, or Deployment
Section 104(g) of Pub. L. 100-710 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 provisions 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), except to the
extent that appropriations are made available 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 relating 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 Security, and the
Department of Homeland Security Reorganization Plan of November 25,
2002, as modified, set out as a note under section 542 of Title 6.]

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 46USC12502]

TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part H--Identification of Vessels
CHAPTER 125--VESSEL IDENTIFICATION SYSTEM
Sec. 12502. Identification numbers, signal letters, and markings
(a) For the identification of a vessel of the United States, the
Secretary of Transportation-(1) shall maintain a unique numbering system 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 Secretary as the vessel's name of record; and
(4) may establish other identification markings.
(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 section, it may not be used
by another vessel.
(d) Once a documented vessel's name is established, 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.
(Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat. 4736.)

Historical and Revision Notes
Revised section 12502
Subsection (a) of this section requires the Secretary to maintain a
unique numbering system for vessels of the United States. The Secretary
may use existing vessel numbering systems such as the hull
identification number for this purpose, but must ensure that no two
existing vessels of the United States have the same number. The
Secretary should consider and propose the use of a 17-digit number to
implement this requirement. This subsection also requires the Secretary
to maintain a system of signal letters and to record vessel names for
documented vessels. The Secretary is authorized to establish other
vessel identification markings for vessels of the United States, such as
hailing ports.
Subsections (b), (c), (d), and (e) contain other requirements and
restrictions concerning vessel identification markings.
This section consolidates the requirements of sections 12114, 12115,
12116, and 12118 of title 46. For this reason, section 106 of this bill
repeals those sections.

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Vessels Not Having Unique Number; Applicability of Provisions for Number
Assignment
Section 104(f) of Pub. L. 100-710 provided that: ``Section
12502(a)(1) of title 46, United States Code (as enacted by section 101
of this Act), applies to a vessel of the United States that does not
have a unique number as prescribed by the Secretary of Transportation
under that section until the earlier of the following:
``(1) the next time the vessel is documented, numbered, or
titled.
``(2) January 1, 1995.''
Section Referred to in Other Sections
This section is referred to in section 12507 of this title; title 33
section 2602.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 46USC12503]

TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part H--Identification of Vessels
CHAPTER 125--VESSEL IDENTIFICATION SYSTEM
Sec. 12503. Information available to the system
(a) Except as provided in subsections (b) and (c) of this section, a
State or a State's delegee approved by the Secretary of Transportation
may make information available to the Secretary if, in a manner and form
prescribed by the Secretary, the State-(1) identifies the vessel;
(2) identifies the owner of the vessel, including by-(A) the owner's social security number or, if that number is
not available, other means of identification acceptable to the
Secretary; 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 numbering for the vessel;
(3) identifies the State in which it is titled or numbered;
(4) indicates whether the vessel is numbered or titled, or both;
(5) if titled in a State, indicates where evidence of a lien or
other security interest may be found against the vessel in that
State;
(6) includes information to assist law enforcement; and
(7) includes other information agreed to by the Secretary and
the State.
(b) Except as provided in subsection (c) of this section, the
Secretary also may accept information under conditions and in a manner
and form prescribed by the Secretary.
(c) The Secretary shall-(1) retain information on a vessel with a preferred mortgage
under section 31322(d) of this title that is no longer titled in a
State making information available to the Secretary under this
chapter until the mortgage is discharged or the vessel is sold; and
(2) accept information under section 31321(h) of this title only
if that information cannot be provided to a State.
(Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat. 4736;
Pub. L. 101-225, title III, Sec. 302(2), Dec. 12, 1989, 103 Stat. 1922;
Pub. L. 101-595, title VI, Sec. 603(10), Nov. 16, 1990, 104 Stat. 2993.)

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Historical and Revision Notes
Revised section 12503
Subsection (a) of section 12503 allows a State or approved State
delegee to make vessel identification information available to the
Secretary. Participation in the system is voluntary on the part of a
State. A benefit to boat purchasers and financiers in States with
approved titling systems participating in this system is that vessel
mortgages or financing instruments made in those States are deemed to be
preferred mortgages under chapter 313 of title 46, United States Code
(as codified and enacted by this Act).
Under subsection (a), the Secretary may prescribe the manner and
form in which the information is made available by the States. In this
regard, the Committee intends that the Secretary employ the most
efficient, up-to-date computer technology in maintaining information
made available from the States to avoid duplication of effort in
maintaining information and to reduce the costs of the system. In
addition to the vessel identification information made available by
States under paragraphs (1)-(6), the Secretary and a State may agree
that the State make available other information. For example, the
purpose for which a vessel is routinely used would be valuable
information for the system.
The Committee intends that most of the information in the system
will become available directly and exclusively from the States to the
greatest extent possible. However, under subsection (b), the Secretary
may accept information from others under conditions and in a manner and
form prescribed by the Secretary. Thus, if the Secretary discovers a
valuable and reliable source of data that can be conveniently made
available to the system, the Secretary can approve it.
Under paragraph (c)(1), the Secretary must maintain information on a
State-titled vessel with a preferred mortgage that moves to a
nonparticipating, nontitle State, until the mortgage is discharged or
the vessel is sold. Under paragraph (c)(2), the Secretary must accept
information submitted under section 31321 of title 46 (as enacted by
this Act) concerning a discharge of a preferred mortgage on a vessel
title under State law. This would be necessary if the vessel moves to a
nonparticipating State, and information on that vessel would not be
provided to the system by that State. This subsection will allow the
Secretary to keep the vessel information system current on these matters
and purge files no longer required to be maintained.

Amendments
1990--Subsec. (a)(2)(A). Pub. L. 101-595 amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: ``the
owner's social security number; or''.
1989--Subsec. (a)(2). Pub. L. 101-225 amended par. (2) generally,
adding subpars. (A) and (B).
Section Referred to in Other Sections
This section is referred to in sections 12501, 12504, 12505 of this
title.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 46USC12504]

TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part H--Identification of Vessels
CHAPTER 125--VESSEL IDENTIFICATION SYSTEM
Sec. 12504. Information available from the system
For law enforcement or other purposes and under conditions
prescribed by the Secretary of Transportation, the Secretary-(1) shall make available information in the vessel
identification system to a State making information available under
section 12503(a) of this title; and
(2) may make available information in the vessel identification
system to others.
(Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat. 4736;
Pub. L. 101-225, title III, Sec. 302(3), Dec. 12, 1989, 103 Stat. 1923.)

Historical and Revision Notes
Revised section 12504
This section requires that the Secretary make available information
maintained in the vessel identification system to a State participating
in the system for law enforcement or other purposes. The Secretary may
make available information in the system to others, under conditions the
Secretary may prescribe. At first, the Secretary may elect to deal only
with the States. However, the Committee firmly expects that information
will be made available through computer terminals in satellite offices
or direct computer access by modem. In this manner, boating
organizations or financial or documentation services could retrieve data
without paper transactions for a fee.

Amendments
1989--Pub. L. 101-225 substituted ``Secretary of Transportation, the
Secretary'' for ``Secretary, the Secretary of Transportation''.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 46USC12505]

TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part H--Identification of Vessels
CHAPTER 125--VESSEL IDENTIFICATION SYSTEM
Sec. 12505. Fees
(a) The Secretary of Transportation may charge a fee under section
9701 of title 31 for providing information to or requesting information
from the vessel identification system, except to-(1) an agency; or
(2) a State making information available to the Secretary under
section 12503(a) of this title.
(b) The Secretary shall deposit amounts transferred or collected
under this section in the general fund of the Treasury as proprietary
receipts of the Secretary and ascribed to the vessel identification
system.
(Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat. 4737;
Pub. L. 101-595, title VI, Sec. 603(11), Nov. 16, 1990, 104 Stat. 2993.)

Historical and Revision Notes
Revised section 12505
This section contains the authority for the Secretary to charge a
fee under the user charge law, 31 U.S.C. 9701, for providing information
to or requesting information from the vessel identification system. Fees
may not be charged under this subsection to an agency or a State that is
participating in the vessel identification system maintained by the
Secretary.
Under subsection (b) of this section, the Secretary may collect an
annual fee of not more than $1.00 from the owner of a vessel of the
United States under 31 U.S.C. 9701 for the vessel identification system.
Since vessel owners will benefit from the vessel identification system,
such as from documentation of ownership data and stolen vessel tracking,
this fee is designed as a maintenance charge to owners for this service.
The collection of the annual fee may be delayed by the Secretary, and an
agency, State, or person may be employed to collect the fee under
subsection (c). The Committee expects that the Secretary will make
agreements with States to collect this fee at the time of vessel
registrations. The term of these registrations varies from one to three
years as permitted by chapter 123 of title 46.
Under subsection (d) of this section, if a State is employed to
collect the fee, the State may retain one-half of the amounts collected,
and must transfer the remainder to the Secretary. The amounts retained
by a State may be used to cover the costs of making vessel
identification information available to the Secretary. This includes

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upgrading or establishing titling systems as well as making improvements
and other changes to vessel numbering systems to make information
available. Because States are allowed to make improvements to their
vessel titling and numbering systems with the amounts retained under
this section, the costs of those programs may decrease. This could
result in a corresponding decrease in State numbering fees and offset
vessel identification system fees paid by vessel owners.

Amendments
1990--Subsec. (b). Pub. L. 101-595 redesignated subsec. (e) as (b)
and struck out former subsec. (b) which read as follows: ``In addition
to any fee under subsection (a) of this section, the Secretary may
collect an annual fee of not more than $1.00 from the owner of each
vessel of the United States under section 9701 of title 31 for
maintaining the vessel identification system. However, the collection of
that fee may be delayed under conditions prescribed by the Secretary.''
Subsecs. (c), (d). Pub. L. 101-595 struck out subsecs. (c) and (d)
which read as follows:
``(c) The Secretary may employ any agency, State, or person to
collect the fee established under subsection (b) of this section.
``(d) If a State is employed to collect a fee under subsection (c)
of this section, the State may retain one-half of the amounts collected.
A State shall transfer one-half of the amounts collected under
subsection (b) of this section to the Secretary.''
Subsec. (e). Pub. L. 101-595 redesignated subsec. (e) as (b).
Subsec. (f). Pub. L. 101-595 struck out subsec. (f) which read as
follows: ``The amounts retained by a State under this section may be
used to make information available to the Secretary and to pay
incremental administrative costs.''

Annual Fee Prior to Jan. 1, 1992
Section 104(e)(1) of Pub. L. 100-710 provided that: ``Before January
1, 1992, the annual fee under section 12505 of title 46, United States
Code (as enacted by section 101 of this Act), is $1.00.''
Section Referred to in Other Sections
This section is referred to in sections 12506, 12507 of this title.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 46USC12506]

TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part H--Identification of Vessels
CHAPTER 125--VESSEL IDENTIFICATION SYSTEM
Sec. 12506. Delegation of authority
The Secretary of Transportation may delegate to an agency, a State,
or a qualified person the authority to-(1) establish and maintain the vessel identification system; and
(2) charge fees under section 12505 of this title to a person
making information available to or requesting information from the
vessel identification system.
(Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat. 4737.)

Historical and Revision Notes
Revised section 12506
This section allows the Secretary to delegate the authority to
establish and maintain the vessel identification system to an agency, a
State, or a qualified person. The Secretary may also delegate the
authority to charge fees under section 12505 for requesting information
from or making information available to the vessel identification
system.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 46USC12507]

TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part H--Identification of Vessels
CHAPTER 125--VESSEL IDENTIFICATION SYSTEM
Sec. 12507. Penalties
(a) A person shall be fined under title 18, imprisoned for not more
than 2 years, or both, if the person with the intent to defraud-(1) provides false information to the Secretary of
Transportation or a State issuing authority regarding the
identification of a vessel under this chapter; or
(2) tampers with, removes, or falsifies the unique vessel
identification number assigned to a vessel under section 12502 of
this title.
(b) A person is liable to the United States Government for a civil
penalty of not more than $10,000 if the person-(1) provides false information to the Secretary or a State
issuing authority regarding the identification of a vessel under
this chapter;
(2) violates section 12502 of this title; or
(3) fails to comply with requirements prescribed by the
Secretary under section 12505 of this title.
(c) A vessel involved in a violation of this chapter, or regulation
under this chapter, and its equipment, may be seized by, and forfeited
to, the Government.
(d) If a person, not an individual, is involved in a violation of
this chapter, the president or chief executive of the person also is
subject to any penalty provided under this section.
(Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat. 4737.)

Historical and Revision Notes
Revised section 12507
This section establishes criminal and civil penalties for certain
violations of chapter 125 of title 46 (as enacted by this Act).

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