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46 U.S.C. § 80104 — Salvaging operations by foreign vessels

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 262 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section generally bars foreign vessels from salvage operations in specified United States waters, but allows a limited exception and preserves treaty-authorized assistance.

(a) Prohibition. Unless this section or section 80105 allows it, a foreign vessel may not, under penalty of forfeiture, conduct salvage operations on the Atlantic or Pacific coasts, in the Great Lakes or connecting or tributary waters including the part of the Saint Lawrence River containing the international boundary, or in United States territorial waters of the Gulf of Mexico.

(b) When Suitable Vessel Not Available. The Secretary of Homeland Security may authorize a foreign vessel to salvage in a particular place if an investigation shows that the place has no suitable vessel that is owned only by United States citizens, including a Bowaters corporation under section 12118, and documented under chapter 121 or numbered under chapter 123.

(c) Operations Authorized by Treaty. This section does not prohibit or restrict assistance or salvage authorized by treaty, including article II of the 1908 United States-Great Britain treaty concerning reciprocal United States-Canada rights in prisoners, wrecking, and salvage, and the 1935 United States-Mexico treaty concerning assistance to and salvage of vessels in territorial waters.

the actual law source: uscode.house.gov ↗public domain
(a)Prohibition.—

Except as provided in this section or section 80105 of this title, a foreign vessel may not, under penalty of forfeiture, engage in salvaging operations on the Atlantic or Pacific coast of the United States, in any portion of the Great Lakes or their connecting or tributary waters, including any portion of the Saint Lawrence River through which the international boundary line extends, or in territorial waters of the United States on the Gulf of Mexico.

(b)When Suitable Vessel Not Available.—

The Secretary of Homeland Security may authorize a foreign vessel to engage in salvaging operations in a particular locality if, on investigation, the Secretary is satisfied that there is not available in that locality a suitable vessel that is—

(1)

owned only by citizens of the United States (including a Bowaters corporation under section 12118 of this title); and

(2)

documented under chapter 121 of this title or numbered under chapter 123 of this title.

(c)Operations Authorized by Treaty.—

This section does not prohibit or restrict assistance to vessels or salvaging operations authorized by treaty, including—

(1)

article II of the Treaty between the United States and Great Britain concerning reciprocal rights for United States and Canada in the conveyance of prisoners and wrecking and salvage, signed at Washington, May 18, 1908 (35 Stat. 2036); or

(2)

the Treaty between the United States of America and Mexico to facilitate assistance to and salvage of vessels in territorial waters, signed at Mexico City, June 13, 1935 (49 Stat. 3359).

Source credit: (Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1691.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1691

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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