the Secretary, subject to such regulations as he may prescribe. (c) Fees for change of name The Secretary may prescribe a reasonable fee for changing a documented vessel's name of record. (Pub. L. 96-594, title I, § 106, Dec. 24, 1980, 94 Stat. 3454.) § 65e. Certificate of documentation (a) Issuance upon application of owner Upon application by the owner of any vessel eligible for documentation, the Secretary shall issue a certificate of documentation of a type specified in section 65h, 65i, 65j, 65k or 651 of this title. (b) Form, etc., of application The Secretary may prescribe the form of, the manner of filing, and the information to be contained in, applications for certificates of documentation. (c) Contents Each certificate of documentation shall (1) contain the name, the home port, and a description of the vessel for which it is issued; (2) identify its owner; and (3) be in the form and contain any additional information prescribed by the Secretary. (d) Procedures insuring accuracy of information The Secretary shall, by regulation, prescribe procedures to insure the integrity of, and the accuracy of information contained in, certificates of documentation issued under this subchapter. (e) Availability for examination The owner and the master of each documented vessel shall make the vessel's certificate of documentation available for examination as the law may require or as the Secretary may prescribe. (Pub. L. 96-594, title I, § 107, Dec. 24, 1980, 94 Stat. 3454.) § 65f. Identification (a) Numbers The Secretary shall maintain a numbering system for the identification of documented vessels and shall assign a number to each documented vessel. (b) Signal letters The Secretary may maintain a system of signal letters for documented vessels. (c) Other markings The owner of each documented vessel shall affix to the vessel and maintain in the manner prescribed by the Secretary the number assigned under subsection (a) of this section and any other identification markings the Secretary may prescribe. (Pub. L. 96-594, title I, § 108, Dec. 24, 1980, 94 Stat. 3454.) § 65g. Evidentiary uses for documentation A certificate of documentation issued under this subchapter is (1) conclusive evidence of nationality for international purposes, but not in any proceeding conducted under the laws of the United States; (2) except in the case of a pleasure vessel license, conclusive evidence of qualification to be employed in a specified trade; and (3) not conclusive evidence of ownership in any proceeding in which ownership is in issue. (Pub. L. 96-594, title I, § 109, Dec. 24, 1980, 94 Stat. 3454.) § 65h. Registry (a) Issuance to vessel eligible for documentation A registry may be issued for any vessel that is eligible for documentation. (b) Employment of vessel in foreign trade or trade with Guam, etc. A vessel for which a registry is issued may be employed in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef. (c) Endorsement respecting employment in coastwise trade, Great Lakes trade, or fisheries Upon application of the owner of any vessel that qualifies for a coastwise license under section 651 of this title, a Great Lakes license under section 65j of this title, or a fishery license under section 65k of this title, the Secretary may issue a registry appropriately endorsed authorizing the vessel to be employed in the coastwise trade, the Great Lakes trade, or the fisheries, as the case may be. (d) Employment of foreign built registered vessel Except as provided in sections 65i, 65j, and 65k of this title, a foreign built vessel registered pursuant to this section may not engage in the coastwise trade, the Great Lakes trade, or the fisheries. (Pub. L. 96-594, title I, § 110, Dec. 24, 1980, 94 Stat. 3455.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 65e, 65i, 65j, 65k, 65w of this title. § 65i. Coastwise license; issuance; employment (a) A coastwise license or, as provided in section 65h(c) of this title, an appropriately endorsed registry, may be issued for any vessel that (1) is eligible for documentation; (2) was built in the United States (or in the case of a vessel not built in the United States, has been captured in war by citizens of the United States and lawfully condemned as prize, has been adjudged to be forfeited for a breach of the laws of the United States, or has qualified for documentation under section 14 of this title; and (3) otherwise qualifies under laws of the United States to be employed in the coastwise trade. (b) Only a vessel for which a coastwise license or an appropriately endorsed registry is issued § 65j. Great Lakes license; issuance; employment (a) A Great Lakes license, or, as provided in section 65h(c) of this title, an appropriately endorsed registry, may be issued for any vessel that (1) is eligible for documentation; (2) was built in the United States (or in the case of a vessel not built in the United States, has been captured in war by citizens of the United States and lawfully condemned as prize, has been adjudged to be forfeited for a breach of the laws of the United States, or has qualified for documentation under section 14 of this title; and (3) otherwise qualifies under the laws of the United States to be employed in the coastwise trade. (b) Only a vessel for which a Great Lakes license or an appropriately endorsed registry is issued may, on the Great Lakes and their tributary and connecting waters and subject to the laws of the United States regulating those trades, be employed in (1) the coastwise trade; (2) trade with Canada; and (3) the fisheries. (Pub. L. 96-594, title I, § 112, Dec. 24, 1980, 94 Stat. 3455.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 65e, 65h, 65w of this title. § 65k. Fishery license; issuance; employment (a) A fishery license, or, as provided in section 65h(c) of this title, an appropriately endorsed registry, may be issued for any vessel that (1) is eligible for documentation; (2) was built in the United States (or in the case of a vessel not built in the United States, has been captured in war by citizens of the United States and lawfully condemned as prize, has been adjudged to be forfeited for a breach of the laws of the United States, or has qualified for documentation under section 14 of this title; and (3) otherwise qualifies under the laws of the United States to be employed in the fisheries. (b) Subject to the laws of the United States regulating the fisheries, only a vessel for which a fishery license or an appropriately endorsed registry is issued may be employed in that trade. (Pub. L. 96-594, title I, § 113, Dec. 24, 1980, 94 Stat. 3456.) § 651. Pleasure vessel license § 65n A pleasure vessel license may be issued for any vessel that (1) is eligible for documentation, and (2) is to be used exclusively for pleasure. (b) United States Customs Service clearance A licensed pleasure vessel may proceed from or to any port of the United States and to any foreign port without entering or clearing with the United States Customs Service. (c) Fees for issuance, etc. Notwithstanding any other law, the Secretary may prescribe reasonable fees for issuing, renewing, or replacing a pleasure vessel license; or for providing any other service in connection with a pleasure vessel license. The fees shall be based on the costs of the service provided. (Pub. L. 96-594, title I, § 114, Dec. 24, 1980, 94 Stat. 3456.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 65e of this title. § 65m. Trade limitations (a) Employment pursuant to certificate of documentation; exemptions A vessel may not be employed in any trade other than a trade covered by the certificate of documentation issued for that vessel. A documented pleasure vessel may not be used for purposes other than pleasure. However, any certificate of documentation may, under regulations prescribed by the Secretary, be exchanged for any other type of certificate of documentation, or appropriately endorsed for any trade, for which the vessel qualifies. (b) Undocumented non-self-propelled vessel A non-self-propelled vessel which is qualified to be employed in the coastwise trade may, without being documented, be employed in that trade within a harbor or on the rivers or inland lakes of the United States, or on the internal waters or canals of any State. (c) Violations; penalties Whenever a vessel is employed in a trade that is not covered by the certificate of documentation issued for that vessel or a documented pleasure vessel is used other than for pleasure, the vessel, together with its equipment, is liable to seizure by and forfeiture to the United States. (d) Command of documented vessel A documented vessel may not be placed under the command of a person other than a citizen of the United States. (Pub. L. 96-594, title I, § 115, Dec. 24, 1980, 94 Stat. 3456.) § 65n. Unlawful activities; penalties (a) Whenever the owner of a vessel knowingly falsifies or conceals a material fact, or makes a false statement or representation in connection with the documentation of his vessel under this subchapter, in addition to any other penalty provided by law, that vessel, together with its equipment, is liable to seizure by and forfeiture to the United States. (b) Whenever a certificate of documentation is knowingly and fraudulently used for any vessel, that vessel, together with its equipment, is liable to seizure by and forfeiture to the United States. (Pub. L. 96-594, title I, § 116, Dec. 24, 1980, 94 Stat. 3457.) § 650. Invalidation of certificate of documentation; surrender (a) A certificate of documentation is invalid if the vessel for which it is issued (1) no longer meets the requirements of this Act and the regulations prescribed thereunder pertaining to that certificate of documentation; or (2) is placed under the command of a person who is not a citizen of the United States. (b) Except as provided by subsection (o) of section 30 of the Act of June 5, 1920, as amended (46 U.S.C. 961(a)), an invalid certificate of documentation shall be surrendered in accordance with regulations prescribed by the Secretary. (Pub. L. 96-594, title I, § 117, Dec. 24, 1980, 94 Stat. 3457.) REFERENCES IN TEXT This Act, referred to in subsec. (a)(1), probably means title I of Pub. L. 96-594, Dec. 24, 1980, 94 Stat. 3453, known as the Vessel Documentation Act, which is classified principally to this subchapter. For complete classification of title I to the Code, see Short Title note set out under section 65 of this title and Tables. Subsection (o) of section 30 of the Act of June 5, 1920, as amended (46 U.S.C. 961(a)), referred to in subsec. (b), probably means subsection O of section 30 of act June 5, 1920, ch. 250, 41 Stat. 1004, which is classified to section 961 of this title. § 65p. Vessels procured outside of United States (a) Issuance of documents The Secretary and the Secretary of State, acting jointly, may provide for the issuance of an appropriate document for any vessel procured outside the United States that meets the ownership requirements of section 65b of this title. (b) Trade authorizations; surrender of documents upon arrival in United States Subject to any limitations the Secretary may prescribe, a vessel for which an appropriate document is issued under this section may proceed to the United States and engage en route in the foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef. Upon the vessel's arrival in the United States the document shall be surrendered in accordance with regulations prescribed by the Secretary. (c) Jurisdiction and laws of United States; suspension of inspection requirements A vessel for which a document is issued under this section is subject to the jurisdiction and laws of the United States. However, the Secretary may suspend for a period not to exceed six months the application of any vessel inspection law administered by him, or any regulation issued thereunder, if he considers the suspension to be in the public interest. (Pub. L. 96-594, title I, § 118, Dec. 24, 1980, 94 Stat. 3457.) § 65q. Recording and certifying information respecting vessels built in United States The Secretary may provide for the recording and certifying of any information pertaining to vessels built in the United States that he considers to be in the public interest. (Pub. L. 96-594, title I, § 119, Dec. 24, 1980, 94 Stat. 3457.) § 65r. Registration of funnel marks and house flags The Secretary shall provide for the registration of funnel marks and house flags by owners of vessels. (Pub. L. 96-594, title I, § 120, Dec. 24, 1980, 94 Stat. 3457.) § 65s. Publication of list of documented vessels The Secretary shall publish periodically a list of all documented vessels together with any information pertaining to them that he considers pertinent or useful. (Pub. L. 96-594, title I, § 121, Dec. 24, 1980, 94 Stat. 3457.) § 65t. Reports by owners and masters of documented vessels To insure compliance with this subchapter and the laws governing the qualifications of vessels to engage in the coastwise trade and the fisheries, the Secretary may require owners and masters of documented vessels to submit reports in any reasonable form and manner he may prescribe. (Pub. L. 96-594, title I, § 122, Dec. 24, 1980, 94 Stat. 3458.) § 65u. Civil penalties (a) Procedures, amount, etc. Any person who is found by the Secretary, after notice and an opportunity for a hearing, to have violated this subchapter or a regulation issued hereunder shall be liable to the United States for a civil penalty, not to exceed $500 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of the penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of the penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. (b) Compromise, modification, or remission The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty under this section. (c) Reference to Attorney General for collection If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in any appropriate district court of the United States. (Pub. L. 96-594, title I, § 123, Dec. 24, 1980, 94 Stat. 3458.) § 65v. Delegations and regulations The Secretary may (1) delegate, and authorize successive redelegations of, any of the duties or powers conferred on him by this subchapter; and (2) prescribe regulations to carry out this subchapter. (Pub. L. 96-594, title I, § 124, Dec. 24, 1980, 94 Stat. 3458.) § 65w. Applicability of terms With respect to the documentation of a vessel whenever used in any law, regulation, document ruling, or other official act (1) "certificate of registry", "registry", and "register" mean a registry as provided for in section 65h of this title; (2) "license", "enrollment and license", "license for the coastwise (or coasting) trade", and "enrollment and license for the coastwise (or coasting) trade” mean a coastwise license as provided for in section 65i of this title; (3) "enrollment and license to engage in the foreign and coastwise (or coasting) trade on the northern, northeastern, and northwestern frontiers, otherwise than by sea" means a Great Lakes license as provided for in section 65j of this title; (4) "license for the fisheries" and "enrollment and license for the fisheries" mean a fishery license as provided for in section 65k of this title; and (5) "yacht" means a pleasure vessel whether or not documented. (Pub. L. 96-594, title I, § 125, Dec. 24, 1980, 94 Stat. 3458.) SUBCHAPTER III-MEASUREMENT used exclusively for pleasure, shall be measured as prescribed in sections 75 and 77 of this title, and to the extent applicable, as prescribed in sections 83 to 83k of this title; if (1) it engages or intends to engage in an international voyage by sea; or (2) it is at least twenty-four meters in length and is self-propelled. (c) Voluntary measurement; determinations of gross and net tonnages A vessel not required to be measured under subsection (b) of this section may be so measured if requested by its owner. A vessel not measured under subsection (b) of this section shall be assigned gross and net tonnages by the Secretary which are functions of its length, breadth, depth, and other dimensions, including appropriate coefficients. The Secretary shall prescribe the manner in which dimensions are measured and which coefficients are appropriate. The resulting gross tonnages, taken as a group, shall reasonably reflect the relative internal volumes of the vessels measured, and the resulting net tonnages shall be in approximately the same ratios to corresponding gross tonnages as are the net and gross tonnages of comparable vessels measured under subsection (b) of this section. In accordance with regulations issued under this subsection, the Secretary may determine the gross and net tonnages of a vessel which is representative of a designated class, model, or type and may assign those gross and net tonnages to other vessels of the same class, model, or type. (d) Remeasurement A vessel shall be remeasured if— (1) the vessel is altered or the use of its space is changed so that its gross or net tonnage is affected; (2) having been measured under subsection (c) of this section, the vessel becomes, by use or alteration, subject to subsection (b) of this section; or (3) having been measured under subsection (b) of this section and not required to be so measured, the owner requests that the vessel be measured under subsection (c) of this section. Except as provided in this subsection, a vessel that has been measured is not required to be remeasured to obtain another document. (e) Regulations The Secretary shall make such regulations as may be necessary to carry out the provisions of this section and sections 72, 74, 75, and 77 of this title. (R.S. 4148; Pub. L. 89-476, § 1, June 29, 1966, 80 Stat. 229; Pub. L. 96-594, title II, § 202, Dec. 24, 1980, 94 Stat. 3461.) REFERENCES IN TEXT Section 74 of this title, referred to in subsec. (e), was repealed by Pub. L. 96-594, title I, § 127, Dec. 24, 1980, 94 Stat. 3459. CODIFICATION R.S. § 4148 derived from acts Dec. 31, 1792, ch. 1, § 6, 1 Stat. 290; May 6, 1864, ch. 83, § 1, 13 Stat. 69. AMENDMENTS 1980-Subsec. (a). Pub. L. 96-594 substituted provisions relating to mandatory measurement requirement by the Secretary of the department in which the Coast Guard is operating for provisions relating to admeasurement by the Secretary of the Treasury. Subsec. (b). Pub. L. 96-594 substituted provisions setting forth statutory provisions applicable to measurement for provisions relating to admeasurement of pleasure vessels and determination of gross and net tonnages. Subsec. (c). Pub. L. 96-594 substituted provisions relating to voluntary measurement and determinations of gross and net tonnages for provisions relating to admeasurement of vessels not documented for use exclusively as pleasure vessels. Subsec. (d). Pub. L. 96-594 substituted provisions relating to remeasurement of vessels for provisions relating to readmeasurement involving changes in tonnage. Subsec. (e). Pub. L. 96-594 substituted provisions relating to regulations implementing measurement requirements for provisions relating to optional redetermination of vessels previously admeasured. Subsec. (f). Pub. L. 96-594 struck out subsec. (f), which related to promulgation of implementing measurement regulations. See subsec. (e) of this section. 1966-Subsec. (a). Pub. L. 89-476 denominated existing provisions as subsec. (a) and, as so denominated, charged the Secretary of the Treasury with the responsibility for the admeasurement of vessels, inserted reference to mandatory readmeasurement under subsec. (c) and optional readmeasurement under subsec. (b) and struck out provisions excusing measurement of United States vessels previously registered unless the vessel has undergone some alteration as to her burden subsequent to the time of her former registry. See subsec. (d) of this section. Subsecs. (b) to (f). Pub. L. 89-476 added subsecs. (b) to (f). EFFECTIVE DATE OF 1980 AMENDMENT Section 204 of title II of Pub. L. 96-594 provided that: "The provisions of this title [amending this section and enacting provisions set out as notes under this section] shall take effect on the first day of the twelfth month following the month in which enacted [December 1980]." EFFECTIVE DATE OF 1966 AMENDMENT Section 3 of Pub. L. 89-476 provided that: "This Act [amending sections 71 and 77 of this title and repealing sections 73, 76, 78, 79, and 273 of this title] shall take effect upon the expiration of ninety days after the date of its enactment [June 29, 1966]." SHORT TITLE OF 1980 AMENDMENT Section 201 of title II of Pub. L. 96-594 provided that: "This Act [probably should be 'this title', which amended this section and enacted provisions set out as notes under this section] may be cited as the "Tonnage Measurement Simplification Act"." APPLICABILITY OF TONNAGE MEASUREMENT Section 203 of title II of Pub. L. 96-594 provided that: "A vessel measured prior to the effective date of this title [see Effective Date of 1980 Amendment note above] under sections 4151 and 4153 of the Revised Statutes of the United States, as amended [sections 75 and 77 of this title], is considered as having been measured under section 4148(b) of the Revised Statutes of the United States, as amended by this Act [subsec. (b) of this section]." SECTION REFERRED TO IN OTHER SECTIONS § 72. Evidence of admeasurement The Secretary of the Treasury shall prescribe how evidence of admeasurement shall be given. (R.S. 4149; Pub. L. 89-219, § 9, Sept. 29, 1965, 79 Stat. 892.) CODIFICATION R.S. § 4149 derived from act Dec. 31, 1792, ch. 1, § 6, 1 Stat. 290. AMENDMENTS 1965-Pub. L. 89-219 substituted provisions authorizing the Secretary of the Treasury to prescribe how evidence of admeasurement shall be given, for provisions which authorized the officer or person by whom a measurement is made to grant a certificate of particulars as to the vessel measured, specified in detail the contents of such certificate, and required the owner, master, or agent of such vessel to countersign the certificate. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 25, 71 of this title. § 73. Repealed. Pub. L. 89-476, § 2(c), June 29, 1966, 80 Stat. 230 Section, R.S. § 4181, required the collector of customs to cause vessels to be surveyed or measured and required the person performing the measurement to grant a certificate thereof with the certificate to be countersigned by the builder and the owner or the master in testimony of the truth of the particulars contained therein. EFFECTIVE DATE OF REPEAL Repeal of section effective upon the expiration of ninety days after June 29, 1966, see section 3 of Pub. L. 89-476, set out as an Effective Date of 1966 Amendment note under section 71 of this title. § 74. Repealed. Pub. L. 96-594, title I, § 127, Dec. 24, 1980, 94 Stat. 3459 Section, R.S. § 4150; Pub. L. 89-219, § 10, Sept. 29, 1965, 79 Stat. 892, required specification of dimensions in vessel's marine document and set forth manner of measurement. EFFECTIVE DATE OF REPEAL Section repealed effective on the first day of the eighteenth month following December, 1980, see section 128 of Pub. L. 96-594, set out as an Effective Date note under section 65 of this title. § 75. Cabins or staterooms excluded from measurement No part of any vessel shall be required by section 74 of this title to be measured or registered for tonnage that is used for cabins or staterooms, and constructed entirely above the first deck, which is not a deck to the hull. (R.S. § 4151.) CODIFICATION R.S. § 4151 derived from act Feb. 28, 1865, ch. 70, 13 Stat. 444. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 83a of this title. |