1625-0027 Stat/Authority

§ 12301

TITLE 46—SHIPPING
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.

Page 144

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

CHAPTER REFERRED TO IN OTHER SECTIONS
Revised section

This chapter is referred to in sections 2101, 2102, 12501,
13102, 13103, 30101 of this title; section 1903 of Appendix
to this title; title 16 sections 1802, 2432, 5502; title 19 section 1704; title 33 section 2602.

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

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 section 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
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

Page 145

§ 12309

TITLE 46—SHIPPING

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,
and shall be the size, color, and type as may be
prescribed by the Secretary. No other number
may be carried on the forward half of the vessel.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 591.)
HISTORICAL AND REVISION NOTES
Revised section
12305 ............................................

Source section (U.S. Code)
46:1470

Section 12305 describes the manner in which a number
must be displayed on a vessel, and prohibits the display
of other numbers on the forward half of the vessel.

§ 12306. Safety certificates
When a State is the authority issuing a number under this chapter, it may require that the
individual in charge of a numbered vessel have a
valid safety certificate issued under conditions
set by the issuing authority, except when the
vessel is subject to manning requirements under
part F of this subtitle.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 591.)
HISTORICAL AND REVISION NOTES
Revised section
12306 ............................................

Source section (U.S. Code)
46:1471

Section 12306 authorizes a State that is an issuing authority to require a numbered vessel operator to hold
a valid safety certificate, unless the vessel is subject to
manning requirements under part F of this subtitle.

§ 12307. Regulations on numbering and fees
The authority issuing a number under this
chapter may prescribe regulations and establish
fees to carry out the intent of this chapter. The
fees shall apply equally to residents and nonresidents of the State. A State issuing authority
may impose only conditions for vessel numbering that are—
(1) prescribed by this chapter or regulations
of the Secretary about the standard numbering 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
12307 ............................................

Source section (U.S. Code)
46:1472

Section 12307 provides the States or the Secretary
with the authority to prescribe regulations and establish fees for carrying out the requirements of this chapter. The fee must apply equally to residents and nonresidents of the State in which the vessel is numbered.

§ 12308. Providing vessel numbering and registration information
A person may request from an authority issuing a number under this chapter the numbering
and registration information of a vessel that is
retrievable from vessel numbering system
records of the issuing authority. When the issuing authority is satisfied that the request is reasonable and related to a boating safety purpose,
the information shall be provided on paying the
cost of retrieving and providing the information
requested.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 592.)
HISTORICAL AND REVISION NOTES
Revised section
12308 ............................................

Source section (U.S. Code)
46:1473

Section 12308 requires the number issuing authority
to supply for a fee, numbering and registration information 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 regulation prescribed under this chapter is liable to
the United States Government for a civil penalty of not more than $1,000. If the violation involves 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 Secretary may refer the matter of collection of the
penalty directly to the United States magistrate
of the jurisdiction in which the person liable
may be found for collection procedures under supervision of the district court and under an
order issued by the court delegating this authority under section 636(b) of title 28.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 592.)
HISTORICAL AND REVISION NOTES
Revised section
12309(a) ........................................
12309(b) ........................................
12309(c) ........................................

Source section (U.S. Code)
46:1483
46:1484(b)
46:1484(d)

Section 12309 provides for civil and criminal penalties
for violation of the vessel numbering provisions in this
title.
CHANGE OF NAME
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate
judge pursuant to section 321 of Pub. L. 101–650, set out
as a note under section 631 of Title 28, Judiciary and
Judicial Procedure.

§ 12501

TITLE 46—SHIPPING

CHAPTER 125—VESSEL IDENTIFICATION
SYSTEM
Sec.

12501.
12502.
12503.
12504.
12505.
12506.
12507.

Establishment of a vessel identification system.
Identification numbers, signal letters, and
markings.
Information available to the system.
Information available from the system.
Fees.
Delegation of authority.
Penalties.
HISTORICAL AND REVISION NOTES

Section 101 of H.R. 3105, as amended, adds a new chapter 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 follows.
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 31321, 31322 of
this title; title 33 sections 1321, 2602.

§ 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.

Page 146

(Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102
Stat. 4735; 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 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 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,