Stat/Auth

Page 169

§ 12301

TITLE 46—SHIPPING

corporating the definition of ‘‘Secretary’’ in section
2101 of title 46. The functions of the Secretary of the
Treasury relating to the Coast Guard previously were
transferred to the Secretary of Transportation by section 6(b) of the Department of Transportation Act
(Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 938). The Coast
Guard and the functions of the Secretary of Transportation relating to the Coast Guard were again transferred to the Department of Homeland Security by section 888(b) of the Homeland Security Act of 2002 (Pub.
L. 107–296, Nov. 25, 2002, 116 Stat. 2135). The words ‘‘rebuilt outside the United States’’ are substituted for
‘‘and any part of the rebuilding, including the construction of major components of the hull and superstructure of the vessel, is not effected within the
United States, its Territories (not including trust territories) or its possessions’’ because of the definition of
‘‘rebuilt’’ in section 12101, and the definition of ‘‘United
States’’ in chapter 1, of the revised title.

under this section, the owner of a documented
vessel for which a fishery endorsement has been
issued is liable to the Government for a civil
penalty of not more than $100,000 for each day
the vessel engages in fishing (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802))
within the exclusive economic zone, if the owner
or the representative or agent of the owner
knowingly falsified or concealed a material fact,
or knowingly made a false statement or representation, about the eligibility of the vessel
under section 12113(c) or (d) of this title in applying for or applying to renew the fishery endorsement.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1508.)
HISTORICAL AND REVISION NOTES

AMENDMENTS
2008—Pub. L. 110–181, § 3525(b), repealed Pub. L.
109–241, § 308. See 2006 Amendment note below.
Subsec. (a). Pub. L. 110–181, § 3525(a)(2), incorporated
the substance of the amendment by Pub. L. 109–241,
§ 308, into this section by substituting ‘‘charterers, and
mortgagees’’ for ‘‘and charterers’’. See 2006 Amendment
note below and section 18(a) of Pub. L. 109–304, set out
as a Legislative Purpose and Construction note preceding section 101 of this title.
2006—Pub. L. 109–241, § 308, which directed the amendment of former section 12120 of this title from which
subsec. (a) of this section was derived, was repealed by
Pub. L. 110–181, § 3525(b). See 2008 Amendment note for
subsec. (a) and Historical and Revision notes above.

SUBCHAPTER IV—PENALTIES
§ 12151. Penalties
(a) IN GENERAL.—A person that violates this
chapter or a regulation prescribed under this
chapter is liable to the United States Government for a civil penalty of not more than $10,000.
Each day of a continuing violation is a separate
violation.
(b) SEIZURE AND FORFEITURE OF VESSELS.—A
vessel and its equipment are liable to seizure by
and forfeiture to the Government if—
(1) the owner of the vessel or the representative or agent of the owner knowingly falsifies
or conceals a material fact, or knowingly
makes a false statement or representation,
about the documentation of the vessel or in
applying for documentation of the vessel;
(2) a certificate of documentation is knowingly and fraudulently used for the vessel;
(3) the vessel is operated after its endorsement has been denied or revoked under section
12152 of this title;
(4) the vessel is employed in a trade without
an appropriate endorsement;
(5) the vessel has only a recreational endorsement and is operated other than for
pleasure;
(6) the vessel is a documented vessel and is
placed under the command of a person not a
citizen of the United States, except as authorized by section 12131(b) of this title; or
(7) the vessel is rebuilt outside the United
States and a report of the rebuilding is not
submitted as required by section 12139(b) of
this title.
(c) ENGAGING IN FISHING AFTER FALSIFYING
ELIGIBILITY.—In addition to other penalties

Revised
Section

Source (U.S. Code)

12151(a) ......
12151(b) ......

46:12122(a).
46:12122(b).
46 App.:14 (last proviso).

46 App.:883a (2d, last
sentences).
12151(c) ......

Source (Statutes at Large)

R.S. § 4136 (last proviso);
Feb. 24, 1915, ch. 57, 38
Stat. 812; Pub. L. 103–182,
title VI, § 686(a)(4), Dec. 8,
1993, 107 Stat. 2220.
July 14, 1956, ch. 600, § 2 (2d,
last sentences), 70 Stat.
544; Pub. L. 86–583, § 2,
July 5, 1960, 74 Stat. 321.

46:12122(c).

In subsection (b), in restating 46 App. U.S.C. 883a (2d,
last sentences), the penalty of $200 for the owner and
master of the vessel is omitted because subsection (a)
provides a general civil penalty for violation of this
chapter. The authority to remit or mitigate a penalty
under section 2107(b) is omitted because section 2107(b)
applies to subtitle II and this section is in subtitle II.

§ 12152. Denial or revocation of endorsement for
non-payment of civil penalty
If the owner of a vessel fails to pay a civil penalty imposed by the Secretary, the Secretary
may deny the issuance or renewal of an endorsement, or revoke the endorsement, on a certificate of documentation issued for the vessel
under this chapter.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1508.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

12152 ..........

Source (Statutes at Large)

46:12123.

CHAPTER 123—NUMBERING
UNDOCUMENTED VESSELS
Sec.

12301.
12302.
12303.
12304.
12305.
12306.
12307.
12308.
12309.

Numbering vessels.
Standard numbering system.
Exemption from numbering requirements.
Certificates of numbers.
Displaying numbers.
Safety certificates.
Regulations on numbering and fees.
Providing vessel numbering and registration
information.
Penalties.

§ 12301. Numbering vessels
(a) An undocumented vessel equipped with
propulsion machinery of any kind shall have a
number issued by the proper issuing authority

§ 12302

TITLE 46—SHIPPING

in the State in which the vessel principally is
operated.
(b) The Secretary shall require an undocumented barge more than 100 gross tons operating
on the navigable waters of the United States to
be numbered.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 590; Pub. L.
102–587, title V, § 5305, Nov. 4, 1992, 106 Stat. 5083.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

12301 ............................................

46:1466

Section 12301 requires that undocumented vessels
that are propelled by machinery be issued an identification number by the proper issuing authority in the
State in which the vessel is primarily operated.

Page 170

tion also provides for the operation of a vessel in a
State other than the one in which it was numbered.

§ 12303. Exemption from numbering requirements
(a) When the Secretary is the authority issuing a number under this chapter, the Secretary
may exempt a vessel or class of vessels from the
numbering requirements of this chapter under
conditions the Secretary may prescribe.
(b) When a State is the issuing authority, it
may exempt from the numbering requirements
of this chapter a vessel or class of vessels exempted under subsection (a) of this section or
otherwise as permitted by the Secretary.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 591.)
HISTORICAL AND REVISION NOTES

AMENDMENTS
1992—Pub. L. 102–587 designated existing provisions as
subsec. (a) and added subsec. (b).

§ 12302. Standard numbering system
(a) The Secretary shall prescribe by regulation
a standard numbering system for vessels to
which this chapter applies. On application by a
State, the Secretary shall approve a State numbering system that is consistent with the standard numbering system. In carrying out its numbering system, a State shall adopt any definitions of relevant terms prescribed by regulations of the Secretary.
(b) A State with an approved numbering system is the issuing authority within the meaning
of this chapter. The Secretary is the issuing authority in a State in which a State numbering
system has not been approved.
(c) When a vessel is numbered in a State, it is
deemed in compliance with the numbering system of a State in which it temporarily is operated.
(d) When a vessel is removed to a new State of
principal operation, the issuing authority of
that State shall recognize the validity of the
number issued by the original State for 60 days.
(e) If a State has a numbering system approved after the Secretary issues a number, the
State shall recognize the validity of the number
issued by the Secretary for one year.
(f) When the Secretary decides that a State
numbering system is not being carried out consistent with the standard numbering system or
the State has changed the system without the
Secretary’s approval, the Secretary may withdraw approval after giving notice to the State,
in writing, stating the reasons for the withdrawal.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 590.)
HISTORICAL AND REVISION NOTES
Revised section
12302 ............................................

Source section (U.S. Code)
46:1467

Section 12302 provides for a standard numbering system for undocumented vessels and for approval of State
numbering systems by the Secretary. It also requires
that a State, when implementing its numbering system, adopt any relevant terms required by the Secretary. In States without approved numbering systems,
the Federal Government issues the numbers. This sec-

Revised section
12303 ............................................

Source section (U.S. Code)
46:1468

Section 12303 permits the Secretary and any State,
when it is the issuing authority, to exempt vessels from
the numbering requirements.

§ 12304. Certificates of numbers
(a) A certificate of number is granted for a
number issued under this chapter. The certificate shall be pocketsized, shall be at all times
available for inspection on the vessel for which
issued when the vessel is in operation, and may
be valid for not more than 3 years. The certificate of number for a vessel less than 26 feet in
length and leased or rented to another for the
latter’s noncommercial operation of less than 7
days may be retained on shore by the vessel’s
owner or representative at the place from which
the vessel departs or returns to the possession of
the owner or the owner’s representative. A vessel that does not have the certificate of number
on board shall be identified when in operation,
and comply with requirements, as the issuing
authority prescribes.
(b) The owner of a vessel numbered under this
chapter shall provide—
(1) the issuing authority notice of the transfer of any part of the owner’s interest in the
vessel or of the destruction or abandonment of
the vessel, within a reasonable time after the
transfer, destruction, or abandonment; and
(2) notice of a change of address within a
reasonable time of the change, as prescribed
by regulation.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 591.)
HISTORICAL AND REVISION NOTES
Revised section
12304 ............................................

Source section (U.S. Code)
46:1469

Section 12304 describes a certificate of number and
stipulates when it must be carried on board a vessel. It
also requires that the number issuing authority be notified when a boat is sold, transferred, destroyed, or
abandoned, or when the owner’s address changes.

§ 12305. Displaying numbers
A number required by this chapter shall be
painted on, or attached to, each side of the forward half of the vessel for which it was issued,