NOTE

This section is based on title 46, U.S.C., 1964 ed., § 269 (R.S. § 4327; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "officer or employee" and "such officer or employee" have been substituted for "collector" and "the collector," respectively, in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs.]" The words "for the initial issuance of a license" have been substituted for "hereinbefore required" to eliminate the ambiguity caused by the lack of an antecedent for "hereinbefore required."

SEC. 241. RENEWAL WHEN VESSEL IN DISTRICT OTHER THAN THAT COMPREHENDING HER HOME PORT.-Whenever it becomes necessary for any vessel of the United States [navigating the waters of the United States, and] being in a district other than that [to which such vessel belongs] comprehending her home port to procure her enrollment and license, or license, or renewal thereof, the same proceedings may be had in the district in which the vessel then is[,] as are required by law on application for such enrollment and license, or license, or renewal thereof, as the case may be, in the district [to which such vessel belongs] comprehending her home port, excepting the enrollment of the vessel and the issuance of the enrollment and license or license [;]. [and the] The officer or employee before whom such proceeding is had shall certify the same to the [collector of officer or employee designated by the Secretary for that purpose in the district [to which such vessel belongs] comprehending her home port, who shall thereupon duly enroll the vessel and issue the enrollment and license or license in the same form as if the application had originally been made in his office [;], and shall either deliver the enrollment and license or license to the owner or forward it [by mail] to the officer or employee who certified to him the preliminary proceedings[:], [and] in [the] which latter case such officer or employee shall deliver the enrollment and license or license to the owner or master of the vessel.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 270 (R.S. § 4328; Apr. 17, 1874, c. 106, 18 Stat. 30; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "comprehending her home port" have been substituted for "to which such vessel belongs" in three places consistent with section 203 of this act and for the reasons stated in the penultimate paragraph of the note thereto.

The words "enrollment and license or" have been inserted before "license" in four places for the reason stated in the last paragraph of the note to section 236 of this act.

The words "officer or employee designated by the Secretary for that purpose in" have been substituted for "collector of" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

The words "by mail" have been deleted to recognize that delivery may be made by pouch or other means in addition to mail.

Changes have been made in phraseology as required in the context of this act.

SEC. 242. CHANGE OF MASTER OF ENROLLED AND LICENSED OR LICENSED VESSEL TO BE REPORTED; ENDORSEMENT OF CHANGE ON DOCUMENT; ALTERNATE MASTERS. (a) Whenever the master of any

enrolled and licensed or licensed vessel, ferryboats excepted, is changed, the new master[,] or in [case of] his absence, the owner or one of the owners thereof, shall report such change to the [collector residing] officer or employee designated by the Secretary for that purpose at the port where the [same happens] change occurs, [if there be one; otherwise] or if the change occurs elsewhere than at a port, or there is no such officer or employee at the port where the change occurs, then to the [collector residing officer or employee so designated at [any] the first port where [such] the vessel [next] arrives at which there is such an officer or employee [,]. [who, upon] Upon the oath of [such] the new master, or, in [case of his absence, of the owner, that such master is a citizen of the United States, and that such vessel shall not, while such enrollment and license or license continues in force, be employed in any manner whereby the revenue of the United States may be defrauded, such officer or employee shall [indorse] endorse such change on the enrollment and license or license, with the name of the new master. Whenever such change is not reported and [indorsed] endorsed as herein required, such vessel, if found carrying on the coasting trade or fisheries, shall be subject to pay the same fees and tonnage as a vessel of the United States having a register, and the new master shall be liable to a penalty of $10.

(b) [Provided, That the] The Secretary [of the Treasury] may authorize the endorsement of not more than two alternate masters in addition to the one already endorsed on the enrollment and license or license, whenever in his judgment the condition of employment of the vessel warrants such action[:].

(c) [Provided further, That in] In the case of vessels navigated within the limits of the harbor of any town or city, the name of the owner or some responsible person acting for the owner who otherwise meets all requirements of the laws of the United States with regard to masters[] may be endorsed or the enrollment and license or license of such vessel, although not actually employed thereon [, in accordance with rules and regulations prescribed by the Secretary of the Treasury:].

(d) [And provided further, That in] In the case of [unrigged] vessels not self-propelled which are not required by law to have on board a certificate of inspection, the name of the owner or any responsible person acting for the owner who otherwise meets all requirements of the laws of the United States with regard to masters [] may be endorsed on the enrollment and license or license of such [unrigged] vessel, although not actually employed on board the vessel[:].

(e) [And provided further, That in] In the case of any vessel engaged in towing from any port or place embraced within the coastwise laws of the United States to any other port or place plying in whole or in part on inland rivers, canals, waterways, sounds, gulfs, lakes, and harbors, not carrying passengers nor proceeding directly or indirectly to any foreign port or place or to any port or place in noncontiguous territory of the United States, the name of the owner or some responsible person acting for the owner who otherwise meets all requirements of the laws of the United States with regard to masters [ may be endorsed on the enrollment and license or license of such vessel, although not actually employed thereon[, in accordance with rules and regulations prescribed by the Secretary of the Treasury].

[(b)] (f) In the case of those vessels on the enrollments and licenses or licenses of which there are endorsed the names of more than one

master, the master actually in charge of the vessel shall assume all of the duties and responsibilities imposed by any statute upon masters of vessels [,] and incur the liabilities provided by any law against masters of vessels during any period in which he is in charge of the vessel.

[(c) The term "unrigged vessel" as used in this section, means any vessel that is not self-propelled.]

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 276 (R.S. § 4335; May 31, 1939, c. 159, 53 Stat. 794; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; Aug. 30, 1957, Public Law 85-237, § 1, 71 Stat. 517; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "enrolled and licensed or" and "enrollment and license or" have been inserted, respectively, before "licensed" and "license" in this section for the reason stated in the last paragraph of the note to section 235 of this act.

The words "officer or employee designated by the Secretary for that purpose,” or variations thereof, have been substituted for "collector of customs" in two places in subsection (a), and have been used elsewhere in subsection (a) as the context requires, in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs.]"

The words "or if the change occurs elsewhere than at a port" have been inserted in subsection (a) to reflect a situation where the change of necessity may occur elsewhere than at a "port," for example, on the high seas.

The words "of the Treasury" following "Secretary" in subsection (b) have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act, and the words "in accordance with rules and regulations prescribed by the Secretary of the Treasury" in subsections (c) and (e) have been deleted as unnecessary in view of subsection (a) of section 103 of this act under which the Secretary is authorized generally to make such rules and regulations as may be necessary to carry out the provisions of this act.

The words "vessels not self-propelled" have been substituted for "unrigged vessels" in subsection (d) consistent with the definition of "unrigged vessel" found in former subsection (c). That subsection, which stated: "The term 'unrigged vessel' as used in this section, means any vessel that is not self-propelled.", has been deleted as surplusage.

Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 243. ENROLLED AND LICENSED OR LICENSED VESSEL UNLAWFULLY PROCEEDING ON FOREIGN VOYAGE; PENALTY.-If any enrolled and licensed or licensed vessel, [enrolled or licensed,] other than a yacht, shall proceed on a foreign voyage[,] without first giving up her enrollment and license or license to the [collector of officer or employee designated by the Secretary for that purpose in the district comprehending the port from which she is about to proceed on such voyage, and being duly registered by such [collector] officer or employee, [every] such vessel, together with her tackle, apparel, and furniture, and [the] any merchandise [so] imported therein, shall be liable to seizure and forfeiture.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 278 (R.S. § 4337; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "enrolled and licensed or licensed vessel" have been substituted for "vessel, enrolled or licensed," and the words "or license" have been inserted after

"enrollment and license" for the reason stated in the last paragraph of the note to section 235 of this act.

The words "other than a yacht" have been inserted after "vessel" consistent with R.S. § 4214, 46 U.S.C. 103 (subsec. (a) of sec. 801 of this act), which provides that an enrolled and licensed or licensed yacht may proceed to foreign ports while so documented.

The words "officer or employee designated by the Secretary for that purpose in" have been substituted for "collector of," and the words "officer or employee" for "collector," in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

Changes have been made in phraseology as required in the context of this act.

SEC. 244. CERTIFICATE FOR VESSEL PROCEEDING ON FOREIGN VOYAGE FROM PORT IN DISTRICT OTHER THAN DISTRICT IN WHICH DOCUMENTED.-If the port from which any enrolled and licensed or licensed vessel, [so enrolled or licensed] other than a yacht, is about to proceed on a foreign voyage is not within the district where such vessel is enrolled and licensed or licensed, the [collector of] officer or employee designated by the Secretary for that purpose in such district shall give to the master of such vessel a certificate[,] specifying that the enrollment and license or license of such vessel has been received by him, and the time when it was so received; which certificate shall afterward be delivered by the master to the [collector] officer or employee who may have granted such enrollment and license or license.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 279 (R.S. § 4338; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "enrolled and licensed or licensed" have been substituted for "so enrolled or licensed," the words "and licensed or licensed" added after "enrolled,' and the words "or license" added in two places after "enrollment and license" for the reason stated in the last paragraph of the note to section 236 of this act.

The words "other than a yacht" have been inserted after "vessel" in the introductory clause for the reason stated in the second paragraph of the note to section 243 of this act.

The words "officer or employee designated by the Secretary for that purpose in" have been substituted for "collector of," and the words "officer or employee" for "collector," in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector of [customs]."

SEC. 245. REGISTERED VESSELS IN DOMESTIC TRADE.-Whenever any registered vessel of the United States [, registered according to law, is employed in going from [any] one [district] port or place in the United States, her territories, Districts, or possessions, or the Commonwealth of Puerto Rico, to any other [district] such port or place, such vessel [,] and the master thereof, with the goods she may have on board previous to her departure from the [district] port or place where she may be, and also upon her arrival [in] at [any other district such other port or place, shall be subject [], except as to the payment of fees)], to the same regulations, provisions, penalties, and forfeitures, and the like duties are imposed on like officers, as are provided for vessels enrolled and licensed or licensed for carrying on the coasting trade. [Nothing herein contained shall be construed to extend] The provisions of this section shall not apply to registered

vessels of the United States having on board merchandise of foreign growth or manufacture[,] brought into the United States[,] in such Vessel, from a foreign port, and on which the duties have not been paid according to law.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 307 (R.S. § 4361; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The word "district" as used in the Revised Statutes corresponded generally to "port of entry" instead of referring to a geographical area including several ports of entry as at the present time. Chapter 1, title XXXIV, of the Revised Statutes provided, inter alia, for 14 collection districts in Maine, 11 in Massachusetts, 5 in Connecticut, 3 in Rhode Island, 10 in New York, 6 in New Jersey, 3 in Maryland, and 7 in Virginia, for a total of 59 "districts" in those 8 States alone, each district and its single port of entry being designated in the statute. The result was that the various provisions of law imposing requirements on vessels moving between district and district in effect imposed requirements on vessels moving between various ports of entry.

R.S. § 2517 and related statutes were superseded by the plan for reorganization of the Customs Service transmitted to Congress by the President on Mar. 3, 1913 under act Aug. 24, 1912, c. 355, § 1, 37 Stat. 434, 19 U.S.C. 1, under which the entire United States was divided into 49 collection districts, each with a number of ports of entry, which districts and ports might from time to time be changed by the President or otherwise by law (act Aug. 1, 1914, c. 233, § 1, 38 Stat. 623; May 29, 1928, c. 901, § 1(19), 45 Stat. 907, 19 U.S.C. 2). Under 1965 Reorgnization Plan No. 1, the Secretary of the Treasury is authorized generally to establish regions, districts, and ports.

As the concept of "district" corresponding to "port" inherent in the Revised Statutes necessarily has changed with the evolution of the organization of the Customs Service as it exists today, administrative interpretation of the term "district" as used in R.S. § 4361, 46 U.S.C. 307 (this section), relating to coastwise procedures applicable to registered vessels, recognized that "district" in the context means "port" or "point." The words "port or place" have, therefore, been substituted for "district" in four places in this section. The relevant sections of the Customs Regulations and the words used therein are summarized below: 4.80-Vessels entitled to engage in coastwise trade

"Points in the United States embraced within the coastwise laws, including points within a harbor."

4.81-Reports of arrivals and departures in coastwise trade

"Between points in the United States.”

"One port in the United States to any other such port except * * * to a port in noncontiguous territory."

4.82-Touching at foreign port while in coastwise trade

"Between ports in the United States."

4.83-Trade between United States ports on the Great Lakes and other ports of the United States

"From or to a port of the United States on the Great Lakes to or from any other port of the United States via the St. Lawrence River." 4.84-Trade with noncontiguous territory

"From a port in any State or the District of Columbia to any noncontiguous territory of the United States (including Puerto Rico), or from Puerto Rico to any State or the District of Columbia or any other noncontiguous territory."

4.85-Vessels with residue cargo for domestic ports

"From port to port."

"From one domestic port to another."

4.86-Intercoastal residue-cargo procedure; optional ports

"At a port or ports on the opposite coast or on the Great Lakes."

4.87-Vessels proceeding foreign via domestic ports

"Port to port in the United States."

4.88-Vessels with residue cargo for foreign ports

"Proceeding to other ports in the United States."

4.89-Vessels in foreign trade proceeding via domestic ports and touching at intermediate foreign ports

"From port to port in the United States."