Imágenes de páginas
PDF
EPUB
[graphic]

ed for

Plan

rsection

84

mote t

[ocr errors]

ction

fected b

See

[ocr errors]

ject or citizen, the share or in zen of the United States sha such forfeiture, and the resid forfeited.

CODIFICATION

Forfeiture for chartering, sell mortgaging to noncitizen of Unit under foreign registry or flag, se title.

§ 42. Oath on entry as to ownersh

Upon the entry of every ve States from any foreign port, be at the port at which the ov part owners reside, such own shall make oath that the regi contains the name or names who are then owners of the part of such vessel has been s since the granting of such reg the case, and that no foreign has, to the best of his know any share, by way of trust, co erwise, in such vessel. If the c owner does not reside at the p vessel enters, the master shall like effect. If the owner, or p there is one, or the master, w owner, refuses so to swear, suc be entitled to the privileges o United States.

R.S. § 4173 derived from act Dec. 1 Stat. 295.

§§ 43 to 56. Repealed. Pub. L. 96 to 56. Dec. 24, 1980, 94 Stat. 34599.

Section 43, R.S. § 4174; July 5, 18 Stat. 119; June 30, 1932, ch. 314, §§ 5 415; May 27, 1936, ch. 463, § 1, 4 Reorg. Plan No. 3, § 101, eff. July 7875, 60 Stat. 1097, related to tran cate for cancellation.

Section 44, R.S. § 4176; July 5, 18 Stat. 119; June 30, 1932, ch. 314, §§ 5 415; May 27, 1936, ch. 463, § 1, 49 Reorg. Plan No. 3, § 101, eff. July 7875, 60 Stat. 1097, related to numbe

Section 45, R.S. § 4177; June 19, 18 Stat. 81; Feb. 14, 1903, ch. 552, § 10, 4, 1913, ch. 141, § 1, 37 Stat. 736; 194 3, § 101, eff. July 16, 1946, 11 F.R. 7 related to numbers for vessels.

Section 46, R.S. § 4178; Feb. 21, 18 Stat. 765; Jan. 20, 1897, ch. 67, 29 St names and home ports marked on bo

Section 47, act June 26, 1884, ch. 58, defined the term "home port" as of this title.

Section 48, acts Feb. 21, 1891, ch. 766; Jan. 20, 1897, ch. 67, 29 Stat. 49 marked on stem and stern posts. Alth act Feb. 21, 1891, was not repealed by has been omitted from the Code as

1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Sept. 21, 1959, Pub. L. 86-327, § 1, 73 Stat. 597, set forth provisions relating to registry of vessels, and vessels entitled to be registered.

Section 12, acts, Mar. 4, 1915, ch. 172, § 1, 38 Stat. 1193; June 30, 1932, ch. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, set forth provisions relating to provisional certificates of registry to vessels abroad.

EFFECTIVE DATE OF REPEAL

Sections 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.

§ 13. Foreign-built vessels admitted to American registry; coastwise trade

All foreign-built vessels admitted to American registry, owned on February 1, 1920, by persons citizens of the United States, and all foreignbuilt vessels owned by the United States on June 5, 1920, when sold and owned by persons citizens of the United States, may engage in the coastwise trade so long as they continue in such ownership, subject to the rules and regulations of such trade.

(June 5, 1920, ch. 250, § 22, 41 Stat. 997.)

CODIFICATION

Portions of the original text of this section omitted here repealed act Oct. 6, 1917, ch. 88, 40 Stat. 392, authorizing the United States Shipping Board to permit vessels of foreign registry and foreign built vessels admitted to American registry to engage in the coastwise trade during the war and for 120 days thereafter and to issue permits up to Feb. 1, 1922, for the carrying of passengers in foreign ships between Hawaii and the Pacific Coast.

CROSS REFERENCES

Transportation of merchandise between points in United States in other than domestic-built and documented vessels, see section 883 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 883 of this title.

§ 14. Wrecked vessels

The Commissioner of Customs may issue a register or enrollment for any vessel wrecked on the coasts of the United States or her possessions or adjacent waters, when purchased by a citizen or citizens of the United States and thereupon repaired in a shipyard in the United States or her possessions, if it shall be proved to the satisfaction of the Commissioner, if he deems it necessary, through a board of three appraisers appointed by him, that the said repairs put upon such vessels are equal to three times the appraised salved value of the vessel: Provided, That the expense of the appraisal provided for shall be borne by the owner of the vessel: Provided further, That if any of the material matters of fact sworn to or represented by the owner, or at his instance, to obtain the register of any vessel are not true, there shall be a forfeiture to the United States of the vessel in respect to which the oath shall have

1

'So in original. Probably should be "vessel".

Page 8

been made, together with tackle, apparel, and furniture thereof.

(R.S. § 4136; Feb. 24, 1915, ch. 57, 38 Stat. 812; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

CODIFICATION

R.S. § 4136 derived from acts Dec. 23, 1852, ch. 4, 10 Stat. 149; July 23, 1866, ch. 213, 14 Stat. 212.

R.S. § 4136 was repealed by act Feb. 22, 1906, ch. 500, 34 Stat. 17, and was re-enacted and revised by act Feb. 24, 1915.

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. The Commissioner of Customs, referred to in this section, is an officer of the Treasury Department.

"Commissioner of Customs" was substituted for "Secretary of Commerce" on authority of Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title.

ADMINISTRATIVE DELEGATION OF FUNCTIONS BY
SECRETARY OF THE TREASURY

Administrative delegation of functions by Secretary of the Treasury, see note set out under section 1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 65i, 65j, 65k of this title.

§§ 15 to 40. Repealed. Pub. L. 96-594, title I, § 127, Dec. 24, 1980, 94 Stat. 3459

Section 15, R.S. § 4137, related to registers issued for vessels owned by corporations.

Section 16, R.S. § 4138, related to new registry on death of officer of corporation.

Section 17, R.S. § 4141, related to places of registration.

Section 18, acts Feb. 16, 1925, ch. 235, § 1, 43 Stat. 947; May 17, 1932, ch. 190, 47 Stat. 158; June 30, 1932, ch. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; July 12, 1960, Pub. L. 86-624, § 34, 74 Stat. 421; Aug. 6, 1981, Pub. L. 97-31, § 12(20), 95 Stat. 155, related to home ports of vessels of the United States.

Section 19, R.S. § 4142, related to oath for registry by owner of vessel.

Section 20, R.S. § 4139; June 24, 1902, ch. 1155, § 1, 32 Stat. 398, related to oath by corporate officer or agent of owner of vessel.

Section 21, R.S. § 4143, related to forfeiture for false swearing in the oath of the owner.

Section 22, R.S. § 4144, related to the oath by the master for registry.

Section 23, R.S. § 4146; Jan. 16, 1895, ch. 24, § 2, 28 Stat. 624; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to surrender of certificate of registry on loss of vessel, or purchase by foreigner.

Section 24, R.S. § 4147, set forth provisions relating to necessity of certificate of principal or master carpenter.

Section 25, R.S. § 4155; Jan. 16, 1895, ch. 24, § 1, 28 Stat. 624, set forth provisions respecting the form of the register.

Section 26, R.S. § 4156, set forth provisions relating to variations for the certificate of registry.

Section 27, R.S. § 4157; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to furnishing blank certificates of registry.

Section 28, R.S. § 4158; July 5, 1884, ch. 221, § 2, 23 Stat. 119; Feb. 14, 1903, ch. 552, §§ 4, 10, 32 Stat. 826, 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740; June 30, 1932, ch. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, set forth provisions relating to issuance of forms respecting certificates of registry.

Section 29, R.S. §4159, set forth requirements respecting registry of vessels upon purchase.

Section 30, R.S. § 4160, set forth provisions relating to surrender of certificate by purchaser.

Section 31, R.S. § 4161, set forth provisions relating to registry by agent or attorney upon purchase of vessel.

Section 32, R.S. § 4162, set forth provisions relating to surrender of certificate granted to agent or attor ney under section 31 of this title.

Section 33, R.S. § 4163, related to forfeiture for false swearing by agent or attorney.

Section 34, R.S. § 4164; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, set forth provisions relating to registry on sale under legal process.

Section 35, R.S. § 4166; Pub. L. 87-157, Aug. 17, 1967, 75 Stat. 392, set forth provisions relating to documentation of vessels sold or transferred outside the United States.

Section 36, R.S. § 4167, set forth provisions relating to oath on loss of registry and grant of new registry. Section 37, R.S. § 4168, set forth provisions relating to surrender of certificate obtained on loss of original. Section 38, R.S. § 4169, set forth penalties for not obtaining new registry.

Section 39, R.S. § 4170; July 5, 1884, ch. 221, § 2, 23 Stat. 118; June 30, 1932, ch. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, set forth provisions relating to obtaining a new registry on sale or alteration of vessel. Section 40, R.S. § 4171; July 5, 1884, ch. 221, § 2, 23 Stat. 118; June 30, 1932, ch. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to change of master and indorsement on certificate of registry.

EFFECTIVE DATE OF REPEAL

Sections 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.

§41. Failure to report sale to foreigners

If any vessel registered as a vessel of the United States shall be sold or transferred, in whole or in part, by way of trust, confidence, or otherwise, to a subject or citizen of any foreign prince or state, and such sale or transfer shall not be made known, as hereinbefore directed, such vessel, together with her tackle, apparel, and furniture, shall be forfeited. If such vessel, however, be so owned in part only, and it is made to appear to the jury before whom the trial for such forfeiture is had that any other owner of such vessel, being a citizen of the United States, was wholly ignorant of the sale or transfer to or ownership of such foreign sub

ject or citizen, the share or interest of such citizen of the United States shall not be subject to such forfeiture, and the residue only shall be so forfeited.

(R.S. § 4172.)

CODIFICATION

R.S. § 4172 derived from act Dec. 31, 1792, ch. 1, § 16, 1 Stat. 295.

CROSS REFERENCES

Forfeiture for chartering, selling, transferring, or mortgaging to noncitizen of United States or placing under foreign registry or flag, see section 808 of this title.

§ 42. Oath on entry as to ownership

Upon the entry of every vessel of the United States from any foreign port, if the same shall be at the port at which the owner or any of the part owners reside, such owner or part owner shall make oath that the register of such vessel contains the name or names of all the persons who are then owners of the vessel; or if any part of such vessel has been sold or transferred since the granting of such register, that such is the case, and that no foreign subject or citizen has, to the best of his knowledge and belief, any share, by way of trust, confidence, or otherwise, in such vessel. If the owner or any part owner does not reside at the port at which such vessel enters, the master shall make oath to the like effect. If the owner, or part owner, where there is one, or the master, where there is no owner, refuses so to swear, such vessel shall not be entitled to the privileges of a vessel of the United States.

(R.S. § 4173.)

CODIFICATION

R.S. § 4173 derived from act Dec. 31, 1792, ch. 1, § 17, 1 Stat. 295.

§§ 43 to 56. Repealed. Pub. L. 96-594, title I, § 127, Dec. 24, 1980, 94 Stat. 3459

Section 43, R.S. § 4174; July 5, 1884, ch. 221, § 2, 23 Stat. 119; June 30, 1932, ch. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to transmission of certificate for cancellation.

Section 44, R.S. § 4176; July 5, 1884, ch. 221, § 2, 23 Stat. 119; June 30, 1932, ch. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to numbering registers.

Section 45, R.S. § 4177; June 19, 1886, ch. 421, § 6. 24 Stat. 81; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to numbers for vessels.

Section 46, R.S. § 4178; Feb. 21, 1891, ch. 250, § 1, 26 Stat. 765; Jan. 20, 1897, ch. 67, 29 Stat. 491, related to names and home ports marked on bow and stern.

Section 47, act June 26, 1884, ch. 121, § 21, 23 Stat. 58, defined the term "home port" as used in section 46 of this title.

Section 48, acts Feb. 21, 1891, ch. 250, § 2, 26 Stat. 766; Jan. 20, 1897, ch. 67, 29 Stat. 492, related to draft marked on stem and stern posts. Although section 2 of act Feb. 21, 1891, was not repealed by Pub. L. 96-594, it has been omitted from the Code as repealed as the

probable intent of Congress in view of repeal of act Jan. 20, 1897, which had amended act Feb. 21, 1891, generally.

Section 49, acts May 28, 1908, ch. 212, § 7, 35 Stat. 426; June 30, 1932, ch. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, set forth provisions respecting private signals and registry of such signals.

Section 50, R.S. § 4179, related to change of name of documented vessel.

Section 51, acts Feb. 19, 1920, ch. 83, § 1, 41 Stat. 436; June 30, 1932, ch. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to authority to change names of vessels. Section 52, acts Feb. 19, 1920, ch. 83, § 2, 41 Stat. 437; June 30, 1932, ch. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, set forth provisions respecting rules and regulations, evidence, and orders for change of name.

Section 53, act Feb. 19, 1920, ch. 83, § 3, 41 Stat. 437, related to fees for privilege of securing change of

name.

Section 54, R.S. § 4180, related to oath to obtain record of vessel owned by foreigner.

Section 55, R.S. § 4182; July 5, 1884, ch. 221, § 2, 23 Stat. 119; June 30, 1932, ch. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, set forth provisions relating to grant of certificate of record.

Section 56, R.S. § 4183; July 5, 1884, ch. 221, § 2, 23 Stat. 119; June 30, 1932, ch. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to change of master or name of recorded vessel and indorsement on certificate of record.

EFFECTIVE DATE OF REPEAL

Sections 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.

§ 57. Production of certificate on entry

The master or other person having the command or charge of any vessel, recorded in pursuance of title 48 of the Revised Statutes, shall, on entry of such vessel, produce the certificate of such record to the collector of the district where she is so entered; and in default thereof the vessel shall not be entitled to the privileges of a recorded vessel. (R.S. § 4184.)

REFERENCES IN TEXT

Title 48 of the Revised Statutes, referred to in text, consists of R.S. §§ 4131 to 4305. For complete classification of R.S. §§ 4131 to 4305 to the Code, see Tables.

CODIFICATION

R.S. § 4184 derived from act Dec. 31, 1792, ch. 1, § 24, 1 Stat. 297.

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to

Title 5, Government Organization and Employees. All functions of the offices eliminated were already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

§ 58. Repealed. Pub. L. 96-594, title I, § 127, Dec. 24, 1980, 94 Stat. 3459

Section, R.S. § 4187; June 17, 1930, ch. 497, title IV, §§ 523, 651(a)(1), 46 Stat. 740, 762; Aug. 8, 1953, ch. 397, § 2(d), 67 Stat. 508, set forth provisions relating to penalties for misconduct by officers.

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.

§ 59. Penalty for neglect by officers

If any person authorized and required by title 48 of the Revised Statutes to perform, as an officer, any act or thing, willfully neglects to do or perform the same according to the true intent and meaning of title 48 of the Revised Statutes, he shall, if not subject to the penalty and disqualification prescribed in section 58 of this title, be punishable by a fine of $500 for the first offense, and by a like fine for the second offense, and shall thenceforth be rendered incapable of holding any office of trust or profit under the United States. (R.S. § 4188.)

REFERENCES IN TEXT

Title 48 of the Revised Statutes, referred to in text, consists of R.S. §§ 4131 to 4305. For complete classification of R.S. §§ 4131 to 4305 to the Code, see Tables.

Section 58 of this title, referred to in text, was repealed by Pub. L. 96-594, title I, § 127, Dec. 24, 1980, 94 Stat. 3459.

CODIFICATION

R.S. § 4188 derived from act Dec. 31, 1792, ch. 1, § 26, 1 Stat. 298.

§§ 60 to 63. Repealed. Pub. L. 96-594, title I, § 127, Dec. 24, 1980, 94 Stat. 3459

Section 60, R.S. § 4189; Aug. 5, 1935, ch. 438, title III, § 310, 49 Stat. 528, set forth penalties for fraudulent registry.

Section 61, R.S. § 4190, related to vessels issued documents of title.

Section 62, R.S. § 4191, related to making or issuing forged papers.

Section 63, acts July 9, 1912, ch. 220, 37 Stat. 189; June 30, 1932, ch. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, set forth provisions relating to notation of rebuilding of unrigged wooden vessels.

EFFECTIVE DATE OF REPEAL

Sections 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.

SUBCHAPTER II-DOCUMENTATION

§ 65. Definitions

As used in this subchapter

(1) "documented vessel" means a vessel for which a certificate of documentation has been issued under this subchapter;

(2) “fisheries” includes the planting, cultivation, catching, taking, or harvesting of fish, shellfish, marine animals, pearls, shells, or marine vegetation at any place within the fishery conservation zone established by section 1811 of title 16; and

(3) "Secretary" means the Secretary of the department in which the Coast Guard is operating.

(Pub. L. 96-594, title I, § 102, Dec. 24, 1980, 94 Stat. 3453.)

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this title", meaning 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 below and Tables.

EFFECTIVE DATE

Section 128 of title I of Pub. L. 96-594 provided that: "This title [see Short Title note below] shall be effective on the first day of the eighteenth month following the month in which enacted [December 1980]."

SHORT TITLE

Section 101 of title I of Pub. L. 96-594 provided that: "This title [enacting this subchapter, amending sections 221, 251, 262, 319, and 325 of this title, and repealing sections 4, 11, 12, 15 to 40, 43 to 56, 58, 60 to 63, 74, 103, 105, 107 to 109, 252 to 255, 258 to 260, 263 to 272, 275, 276, 278 to 280, 318, 332, 334, 335, 493, and 496 of this title] may be cited as the 'Vessel Documentation Act'."

REPEAL OF PREDECESSOR PROVISIONS; SAVINGS

PROVISIONS

Section 127 of title I of Pub. L. 96-594 provided in part that: "The following laws [sections 4, 11, 12, 15 to 40, 43 to 56, 58, 60 to 63, 74, 103, 105, 107 to 109, 252 to 255, 258 to 260, 263 to 272, 275, 276, 278 to 280, 318, 332, 334, 335, 493, and 496 of this title] are repealed, except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this title [see Effective Date note above]."

865a. Ports of documentation

The Secretary shall designate ports of documentation in the United States where vessels may be documented and instruments affecting title to, or interest in, documented vessels may be recorded. The Secretary shall specify the geographic area to be served by each designated port, and he may discontinue, relocate, or designate additional ports of documentation.

(Pub. L. 96-594, title I, § 103, Dec. 24, 1980, 94

Stat.3453.)

8656. Vessels eligible for documentation

Any vessel of at least five net tons that is not registered under the laws of a foreign country is eligible for documentation if it is owned by(1) an individual who is a citizen of the United States, or an association, trust, joint venture, or other entity capable of holding title to a vessel, under the law of the United States, of any State, territory, or possession of the United States, of the District of Co

§ 65d

lumbia, or of the Commonwealth of Puerto Rico, all of the members of which are citizens of the United States;

(2) a partnership whose general partners are citizens of the United States, and the controlling interest in the partnership is owned by citizens of the United States;

(3) a corporation created under the laws of the United States, or any State, territory, or possession thereof, or of the District of Columbia, or the Commonwealth of Puerto Rico; whose president or other chief executive officer and chairman of its board of directors are citizens of the United States and no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum;

(4) the United States Government; or

(5) the government of any State, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(Pub. L. 96-594, title I, § 104, Dec. 24, 1980, 94 Stat. 3453; Pub. L. 97-136, § 10, Dec. 29, 1981, 95 Stat. 1707.)

AMENDMENTS

1981-Par. (1). Pub. L. 97-136 inserted ", or an association, trust, joint venture, or other entity capable of holding title to a vessel, under the law of the United States, of any State, territory, or possession of the United States, of the District of Columbia, or of the Commonwealth of Puerto Rico, all of the members of which are citizens of the United States".

Par. (2). Pub. L. 97-136 substituted "whose general partners are citizens of the United States, and the controlling interest in the partnership is owned by" for "or association whose members are all".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 65p of this title.

§ 65c. Home ports; approval for change

(a) With the approval of the Secretary and subject to such regulations as he may prescribe, the port of documentation selected by an owner for the documentation of his vessel shall be the vessel's home port.

(b) Once a vessel's home port has been fixed as provided in subsection (a) of this section, it may not be changed without the approval of the Secretary, subject to such regulations as he may prescribe.

(Pub. L. 96-594, title I, § 105, Dec. 24, 1980, 94 Stat. 3454.)

§ 65d. Name of vessel

(a) Owner to provide; name of record

At the time of application for initial documentation of a vessel, the owner shall provide a name for the vessel. Subject to the approval of the Secretary and upon the issuance of a certificate of documentation, that name shall become the vessel's name of record.

(b) Approval for change

Once a vessel's name of record has been fixed as provided in subsection (a) of this section, it shall not be changed without the approval of

« AnteriorContinuar »