46 U.S.C. § 12102 — Vessels requiring documentation
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 219 words · no verdicts yet
Most vessels need a certificate of documentation with the right trade endorsement. Only then can they operate in that trade. Small vessels under 5 net tons, and certain barges on inland waters, don't need documentation. A limited aquaculture waiver also exists, but coastwise trade still isn't allowed under it.
(a) In General
Except as otherwise provided, a vessel* may only engage in a trade if it has been issued a certificate of documentation with an endorsement for that trade, under this chapter.
(b) Vessels Less Than 5 Net Tons
A vessel under 5 net tons may engage in a trade without being documented, as long as it otherwise meets that trade's requirements.
(c) Barges
A barge* qualified for the coastwise trade may engage in that trade without being documented, on rivers, harbors, lakes (except the Great Lakes), canals, and inland waters.
(d) Aquaculture Waiver
(1) Permitting of nonqualified vessels to perform certain aquaculture support operations. Notwithstanding section 12113 and any other law, the Secretary of Transportation may waive the documentation rule for a documented vessel* with a registry* endorsement, or a foreign-flag vessel, to be used to treat aquaculture fish for disease or parasites, or protect them from other health threats. The Secretary may do this only after publishing a notice in the Federal Register* and finding that no suitable U.S. vessel is available to perform the service.
(2) Prohibition. A vessel operating under this waiver may not engage in any coastwise transportation.
Except as otherwise provided, a vessel* may engage in a trade only if the vessel has been issued a certificate of documentation with an endorsement for that trade under this chapter.
A vessel of less than 5 net tons may engage in a trade without being documented if the vessel otherwise satisfies the requirements to engage in the particular trade.
A barge* qualified to engage in the coastwise trade may engage in the coastwise trade, without being documented, on rivers, harbors, lakes (except the Great Lakes), canals, and inland waters.
Notwithstanding section 12113 and any other law, the Secretary of Transportation may issue a waiver allowing a documented vessel* with a registry* endorsement or a foreign flag vessel to be used in operations that treat aquaculture fish for or protect aquaculture fish from disease, parasitic infestation, or other threats to their health if the Secretary finds, after publishing a notice in the Federal Register*, that a suitable vessel of the United States* is not available that could perform those services.
Vessels operating under a waiver issued under this subsection may not engage in any coastwise transportation.
Source credit: (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1492; Pub. L. 111–281, title IX, § 901(c)(1), Oct. 15, 2010, 124 Stat. 3008.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1492
- 2010Amended · Pub. L. 111-281 · 124 Stat. 3008
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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