CHAPTER 12 — REGULATION OF VESSELS IN DOMESTIC COMMERCE

CROSS REFERENCES

Custody and storage of vessels, vehicles, merchandise and baggage seized under laws relating to registering, enrolling, or licensing of vessels, see section 1605 of Title 19, Customs Duties.

§ 251. Vessels employed in coasting trade or fisheries

(a) Landing of catch of fish by foreign-flag vessels

Except as otherwise provided by treaty or convention to which the United States is a party, no foreign-flag vessel shall, whether documented as a cargo vessel or otherwise, land in a port of the United States its catch of fish taken on board such vessels on the high seas or fish products processed therefrom, or any fish or fish products taken on board such vessel on the high seas from a vessel engaged in fishing operations or in the processing of fish or fish products. The Secretary of Commerce may issue any regulations that the Secretary considers necessary to obtain information on the transportation of fish products by vessels of the United States for foreign fish processing vessels to points in the United States.

(b) Sale or transfer for immediate consumption

Subsection (a) of this section shall not be deemed to prohibit the landing by a foreign-flag vessel of not more than fifty feet overall length in a port of the Virgin Islands of the United States for immediate consumption in such islands of its catch of fresh fish, whole or with the heads, viscera, or fins removed, but not frozen, otherwise processed, or further advanced. No fish landed under this authorization shall be sold or transferred except for immediate consumption. Sale or transfer to an agent, representative, or employee of a freezer or cannery shall be deemed to be prohibited in the absence of satisfactory evidence that such sale or transfer is for immediate consumption. For the purposes of this subsection, the term "immediate consumption" shall not preclude the freezing, smoking, or other processing of such fresh fish by the ultimate consumer thereof.

(c) Forfeitures and penalties

Any fish landed in the Virgin Islands of the United States which are retained, sold, or transferred other than as authorized in subsection (b) of this section shall be liable to forfeiture and any person or persons retaining, selling, transferring, purchasing, or receiving such fish shall severally be liable to a penalty of $1,000 for each offense, in addition to any other penalty provided in law.

(R.S. § 4311; Sept. 2, 1950, ch. 842, 64 Stat. 577; Pub. L. 87-220, § 1, Sept. 13, 1961, 75 Stat. 493; Pub. L. 96-61, § 2, Aug. 15, 1979, 93 Stat. 407; Pub. L. 96-594, title I, § 126(b), Dec. 24, 1980, 94 Stat. 3459; Pub. L. 100-239, § 8(a), Jan. 11, 1988, 101 Stat. 1783.)

Codification

R.S. § 4311 derived from acts Feb. 18, 1793, ch. 8, § 1, 1 Stat. 305; Apr. 18, 1874, ch. 110, 18 Stat. 31.

AMENDMENTS

1988--Subsec. (a). Pub. L. 100-239 inserted at end "The Secretary of Commerce may issue any regulations that the Secretary considers necessary to obtain information on the transportation of fish products by vessels of the United States for foreign fish processing vessels to points in the United States."

1980--Subsec. (a). Pub. L. 96-594 struck out provisions relating to vessels entitled to privileges of vessels employed in coasting trade or fisheries, and provisions defining "fisheries".

1979--Subsec. (a). Pub. L. 96-61 inserted provision defining "fisheries".

1961--Pub. L. 87-220 designated existing provisions as subsec. (a), and added subsecs. (b) and (c).

1950--Act Sept. 2, 1950, inserted second sentence to increase protection to American fishermen.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 128 of Pub. L. 96-594 provided in part that the amendment made by Pub. L. 96-594 is effective on first day of eighteenth month following December 1980.

LANDING OF CATCH OF FISH BY FOREIGN VESSELS

Provisions of this section prohibiting the landing of fish in United States ports by foreign-flag vessels direct from fishing grounds unaffected by Pub. L. 87-814, see section 6 of Pub. L. 87-814, set out as a note under section 951 of Title 16, Conservation.

CROSS REFERENCES

Exemption from requirements of this section--

Canal boats or boats employed on internal waters or canals of any state, see section 336 of this Appendix.
Entry and clearance fees and tonnage taxes, enrolled, licensed, or registered vessels, see sections 111, 122, and 123 of this Appendix.

§ 251a. Remission or mitigation of fines, penalties or forfeitures

Any fine, penalty, or forfeiture incurred under the provisions of this Act shall be subject to remission or mitigation in accordance with section 2107(b) of title 46.

(Pub. L. 87-220, § 2, Sept. 13, 1961, 75 Stat. 493.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 87-220, Sept. 13, 1961, 75 Stat. 493, which enacted this section and section 251b of this Appendix, and amended section 251 of this Appendix. For complete classification of this Act to the Code, see Tables.

"Section 2107(b) of title 46" substituted in text for "section 5294 of the Revised Statutes, as amended (46 U.S.C. 7)" on authority of Pub. L. 98-89, § 2(b), Aug. 26, 1983, 97 Stat. 598, section 1 of which enacted Title 46, Shipping.

§ 251b. Regulations

The Secretary of the Treasury may issue such regulations as he deems necessary for the enforcement of the provisions of this Act.

(Pub. L. 87-220, § 3, Sept. 13, 1961, 75 Stat. 493.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 87-220, Sept. 13, 1961, 75 Stat. 493, which enacted this section and section 251a of this Appendix, and amended section 251 of this Appendix. For complete classification of this Act to the Code, see Tables.

§ 262. Trade of documented vessel not to defraud revenue laws

No documented vessel shall be employed in any trade whereby the revenue laws of the United States shall be defrauded.

(R.S. § 4320; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 251; Jan. 16, 1895, ch. 24, § 3, 28 Stat. 625; Pub. L. 96-594, title I, § 126(c), Dec. 24, 1980, 94 Stat. 3459.)

Codification

R.S. § 4320 derived from act Feb. 18, 1793, ch. 8, § 4, 1 Stat. 306.

R.S. § 4320, as originally enacted, was as follows: "In order to the licensing of any vessel for carrying on the coasting-trade or fisheries, the husband, or managing owner, together with the master thereof, with one or more sureties to the satisfaction of the collector granting the same, shall become bound to pay to the United States, if such vessel be of the burden of five tons and less than twenty tons, the sum of one hundred dollars; and if twenty tons and not exceeding thirty tons, the sum of two hundred dollars; and if above thirty tons and not exceeding sixty tons, the sum of five hundred dollars; and if above sixty tons, the sum of one thousand dollars, in case it shall appear, within two years from the date of the bond, that such vessel has been employed in any trade whereby the revenue of the United States has been defrauded, during the time the license granted to such vessel remained in force. The master of such vessel shall also swear that he is a citizen of the United States, and that such license shall not be used for any other vessel or any other employment than that for which it is specially granted, or in any trade or business whereby the revenue of the United States may be defrauded; and if such vessel be less than twenty tons burden, the husband or managing owner shall swear that she is wholly the property of citizens of the United States; whereupon it shall be the duty of the collector of the district comprehending the port whereto such vessel may belong, the duty of six cents per ton being first paid, to grant a license."

It was amended by act Feb. 27, 1877, by striking out "the duty of six cents per ton being first paid."

It was amended generally by act Jan. 16, 1895.

AMENDMENTS

1980--Pub. L. 96-594 substituted "documented" for "licensed", and struck out provisions respecting oaths required of master, etc.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 128 of Pub. L. 96-594 provided in part that the amendment made by Pub. L. 96-594 is effective on first day of eighteenth month following December 1980.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this Appendix.

§ 277. Inspection of documents

Any officer concerned in the collection of the revenue may at all times inspect the certificate of documentation of any documented vessel or any document in lieu thereof; and if the master or other person in charge or command of any such vessel shall not exhibit the same, when required by such officer, unless the vessel is one which by regulation of the Secretary of Transportation is not required to have its certificate of documentation or document in lieu thereof on board, such master or person in charge or command shall be liable to a penalty of $100, unless the failure to do so is willful, in which case he shall be liable to a penalty of $1,000 and to a fine of not more than $1,000 or imprisonment for not more than one year, or both.

(R.S. § 4336; Aug. 5, 1935, ch. 438, title III, § 312, 49 Stat. 528; Pub. L. 85-237, § 2, Aug. 30, 1957, 71 Stat. 518; Pub. L. 103-182, title VI, § 686(a)(5), Dec. 8, 1993, 107 Stat. 2220.)

Codification

R.S. § 4336 derived from act Feb. 18, 1793, ch. 8, § 13, 1 Stat. 309.

AMENDMENTS

1993--Pub. L. 103-182 substituted "certificate of documentation of any documented vessel" for "register or enrollment or license of any vessel" and "Secretary of Transportation is not required to have its certificate of documentation" for "Secretary of the Treasury is not required to have its register or enrollment or license".

1957--Pub. L. 85-237 provided for penalties against other officer in charge or command of vessel and by excepting vessels which are not required by regulation of the Secretary of the Treasury to exhibit their documents on board.

1935--Act Aug. 5, 1935, provided for inspection of register or any document and punishment for willful failure to exhibit document.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this Appendix.

§ 289. Transportation of passengers in foreign vessels

No foreign vessel shall transport passengers between ports or places in the United States, either directly or by way of a foreign port, under a penalty of $200 for each passenger so transported and landed.

(June 19, 1886, ch. 421, § 8, 24 Stat. 81; Feb. 17, 1898, ch. 26, § 2, 30 Stat. 248.)

AMENDMENTS

1886--Act Feb. 17, 1898, amended section generally, increasing from $2 to $200 the penalty for transporting passengers in foreign vessels.

CROSS REFERENCES

Remission or mitigation of fines, see section 320 of this Appendix.

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

Transportation of passengers and merchandise in Canadian vessels between points in Alaska and United States, see section 289b of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 289a, 320 of this Appendix.

§ 289a. Transportation of passengers in Canadian vessels between Rochester and Alexandria Bay

Until such time as passenger service shall be established by vessels of the United States between the port of Rochester, New York, and the port of Alexandria Bay, New York, the Commissioner of Customs is authorized in his discretion to issue annually permits to Canadian passenger vessels to transport passengers between these ports; such Canadian vessels holding such permits not to be subject to the provisions of section 289 of this Appendix.

(Apr. 26, 1938, ch. 174, 52 Stat. 223; 1946 Reorg. Plan No. 3, § 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to 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. Commissioner of Customs, referred to in text, is an officer of Department the Treasury.

"Commissioner of Customs" substituted in text for "Secretary of Commerce" on authority of Reorg. Plan No. 3 of 1946, § 101-104, set out as a note preceding section 3 of this Appendix.

ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY

Administrative delegation of functions by Secretary of the Treasury, see note set out preceding section 3 of this Appendix.

§ 289b. Transportation of passengers and merchandise in Canadian vessels between points in Alaska and United States

Notwithstanding the provisions of law of the United States restricting to vessels of the United States the transportation of passengers and merchandise directly or indirectly from any port in the United States to another port of the United States, passengers may be transported on Canadian vessels between ports in southeastern Alaska, and passengers and merchandise may be transported on Canadian vessels between Hyder, Alaska, and other points in southeastern Alaska, and between Hyder, Alaska, and other points in the United States outside Alaska, either directly or via a foreign port, or for any part of the transportation until the Secretary of Transportation determines that United States-flag service is available to provide such transportation.

(Pub. L. 87-77, June 30, 1961, 75 Stat. 196; Pub. L. 97-31, § 12(22), Aug. 6, 1981, 95 Stat. 155.)

AMENDMENTS

1981--Pub. L. 97-31 substituted "Secretary of Transportation" for "Secretary of Commerce".

PRIOR PROVISIONS

Temporary provisions which authorized transportation of passengers and merchandise in Canadian vessels between points in Alaska and United States, were contained in the following acts:

Apr. 5, 1960, Pub. L. 86-410, 74 Stat. 16.

July 31, 1959, Pub. L. 86-126, 73 Stat. 272.

June 30, 1958, Pub. L. 85-473, 72 Stat. 244.

July 11, 1957, Pub. L. 85-103, 71 Stat. 294.

Apr. 18, 1956, ch. 207, 70 Stat. 114.

May 7, 1955, ch. 35, 69 Stat. 47.

June 29, 1954, ch. 413, 68 Stat. 321.

July 16, 1953, ch. 201, 67 Stat. 175.

June 11, 1952, ch. 391, 66 Stat. 133.

June 27, 1951, ch. 153, 65 Stat. 90.

June 29, 1950, ch. 409, 64 Stat. 301.

Aug. 22, 1949, ch. 493, 63 Stat. 622.

§ 289c. Transportation of passengers between Puerto Rico and other United States ports; foreign-flag vessels; unavailability of United States flag service

(a) Authorization of transportation

Notwithstanding any other provision of law, passengers may be transported on passenger vessels not qualified to engage in the coastwise trade between ports in Puerto Rico and other ports in the United States, directly or by way of a foreign port, except as otherwise provided in this section.

(b) Notification by Secretary; termination of services

(1) Upon a showing to the Secretary of Transportation, by the vessel owner or charterer, that service aboard a United States passenger vessel qualified to engage in the coastwise trade is being offered or advertised pursuant to a Certificate of Financial Responsibility for Indemnification of Passengers for Nonperformance of Transportation (46 App. U.S.C. 817e) from the Federal Maritime Commission for service in the coastwise trade between ports in Puerto Rico and other ports in the United States, the Secretary shall notify the owner or operator of each vessel transporting passengers under authority of this section that he shall, within 270 days after notification, terminate all such service. Coastwise privileges granted to every owner or operator under this section shall expire on the 270th day following the Secretary's notification.

(2) Upon a showing to the Secretary, by the vessel owner or charterer, that service aboard a United States passenger vessel not qualified to engage in the coastwise trade is being offered or advertised pursuant to a Certificate of Financial Responsibility for Indemnification of Passengers for Nonperformance of Transportation (46 App. U.S.C. 817e) from the Federal Maritime Commission for service in the coastwise trade between ports in Puerto Rico and other ports in the United States, the Secretary shall notify the owner or operator of each foreign-flag vessel transporting passengers under authority of this section that he shall, within 270 days after notification, terminate all such service. Coastwise privileges granted to every owner or operator of a foreign-flag vessel transporting passengers under authority of this section shall expire on the 270th day following the Secretary's notification.

(c) Extension of termination period

If, at the expiration of the 270-day period specified in subsections (b)(1) and (b)(2) of this section, the vessel that has been offering or advertising service pursuant to a certificate described in either of those subsections has not entered the coastwise passenger trade between ports in Puerto Rico and other ports in the United States, then the termination of service required by either of those subsections shall not be required until 90 days following the entry into that trade by the United States vessel.

(d) Reinstatement of coastwise privileges

Any coastwise privileges granted in this section that expire under subsection (b)(1) or (b)(2) of this section shall be reinstated upon a determination by the Secretary that the service on which the expiration of the privileges was based is no longer available.

(e) "Passenger vessel" defined

For the purposes of subsections (b)(1) and (b)(2) of this section, the term "passenger vessel" means any vessel of similar size or offering service comparable to any other vessel transporting passengers under authority of this section.

(Pub. L. 98-563, Oct. 30, 1984, 98 Stat. 2916.)

§ 290. Omitted

Codification

Section, act Feb. 17, 1898, ch. 26, § 1, 30 Stat. 248, related to transportation of merchandise in foreign vessels. See section 883 of this Appendix.

§ 291. Transshipment of imported merchandise intended for immediate exportation

Whenever merchandise is imported into the United States by sea for immediate exportation to a foreign port by sea, or by a river, the right to ascend or descend which for the purposes of commerce is secured by treaty to the citizens of the United States and the subjects of a foreign power, the Secretary of the Treasury is authorized to prescribe regulations for the transshipment and transportation of such merchandise.

(Feb. 17, 1898, ch. 26, § 3, 30 Stat. 248.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 446b of this Appendix.

§ 292. Vessels that may engage in dredging

(a) In general

Except as provided in subsection (b) of this section, a vessel may engage in dredging in the navigable waters of the United States only if--

(1) the vessel meets the requirements of section 883 of this Appendix and sections 802 and 803 of this Appendix for engaging in the coastwise trade;

(2) when chartered, the charterer of the vessel is a citizen of the United States under sections 802 and 803 of this Appendix for engaging in the coastwise trade; and

(3) for a vessel that is at least 5 net tons, the vessel is documented under chapter 121 of title 46 with a coastwise endorsement.

(b) Exception

A documented vessel with a registry endorsement may engage in the dredging of gold in Alaska.

(c) Penalty

When a vessel is operated in knowing violation of this section, that vessel and its equipment are liable to seizure by and forfeiture to the United States Government.

(May 28, 1906, ch. 2566, § 1, 34 Stat. 204; Pub. L. 102-587, title V, § 5501(a)(1), Nov. 4, 1992, 106 Stat. 5084.)

AMENDMENTS

1992--Pub. L. 102-587 amended section generally. Prior to amendment, section read as follows: "A foreign-built dredge shall not, under penalty of forfeiture, engage in dredging in the United States unless documented as a vessel of the United States."

NONAPPLICABILITY TO CERTAIN VESSELS

Section 5501(a)(2) of Pub. L. 102-587 provided that: "The amendment made by paragraph (1) [amending this section] does not apply to--

"(A)(i) the vessel STUYVESANT, official number 648540;

"(ii) any other hopper dredging vessel documented under chapter 121 of title 46, United States Code before the effective date of this Act [Nov. 4, 1992] and chartered to Stuyvesant Dredging Company or to an entity in which it has an ownership interest; however, this exception expires on December 3, 2022 or when the vessel STUYVESANT ceases to be documented under chapter 121, whichever first occurs; and

"(iii) any other non-hopper dredging vessel documented under chapter 121 and chartered to Stuyvesant Dredging Company or to an entity in which it has an ownership interest, as is necessary (a) to fulfill dredging obligations under a specific contract, including any extension periods; or (b) as temporary replacement capacity for a vessel which has become disabled but only for so long as the disability shall last and until the vessel is in a position to fully resume dredging operations; however, this exception expires on December 8, 2022 or when the vessel STUYVESANT ceases to be documented under chapter 121, whichever first occurs;

"(B) the vessel COLUMBUS, official number 590658, except that the vessel's certificate of documentation shall be endorsed to prohibit the vessel from engaging in the transportation of merchandise (except valueless material), including dredge material of value, between places within the navigable waters of the United States;

"(C) a vessel that is engaged in dredged material excavation if that excavation is not more than a minority of the total cost of the construction contract in which the excavation is a single, integral part, and the vessel is--

"(i) built in the United States;

"(ii) a non-self-propelled mechanical clamshell dredging vessel; and

"(iii) owned or chartered by a corporation that had on file with the Secretary of Transportation, on August 1, 1989, the certificate specified in section 27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 883-1); or

"(D) any other documented vessel engaged in dredging and time chartered to an entity that, on August 1, 1989, was, and has continuously remained, the parent of a corporation that had on file with the Secretary of Transportation on August 1, 1989, a certificate specified in section 27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 883-1) if the vessel is--

"(i) not engaged in a federally funded navigation dredging project; and

"(ii) engaged only in dredging associated with, and integral to, accomplishment of that parent's regular business requirements."

§ 316. Use of foreign vessels in United States ports

(a) Towing vessels

It shall be unlawful for any vessel not wholly owned by a person who is a citizen of the United States within the meaning of the laws respecting the documentation of vessels and not having in force a certificate of documentation issued under section 12106 of title 46 to tow any vessel other than a vessel in distress, from any port or place in the United States, its Territories or possessions, embraced within the coastwise laws of the United States, to any other port or place within the same, either directly or by way of a foreign port or place, or to do any part of such towing, or to tow any such vessel, from point to point within the harbors of such places, or to tow any vessel transporting valueless material or any dredged material, regardless of whether it has commercial value, from a point or place in the United States or a point or place on the high seas within the Exclusive Economic Zone as defined in the Presidential Proclamation of March 10, 1983, to another point or place in the United States or a point or place on the high seas within that Exclusive Economic Zone. The owner and master of any vessel towing another vessel in violation of the provisions of this section shall each be liable to a fine of not less than $250 nor more than $1,000, which fines shall constitute liens upon the offending vessel enforceable through the district court of the United States for any district in which such vessel may be found, and clearance shall not be granted to such vessel until the fines have been paid. The towing vessel shall also be further liable to a penalty of $50 per ton on the measurement of every vessel towed in violation of this section, which sum may be recovered by way of libel or suit.

(b) "Person" defined

The term "person" as used in subsection (a) of this section, shall be held to include persons, firms, partnerships, associations, organizations, and corporations, doing business or existing under or by the authority of the laws of the United States, or of any State, Territory, district, or other subdivision thereof.

(c) Foreign railroad companies using ferries, tugboats, or towboats

Any foreign railroad company or corporation, whose road enters the United States by means of a ferry, tugboat, or towboat, may own such vessel and operate the same in connection with the water transportation of the passenger, freight, express, baggage, and mail cars used by such road, together with the passengers, freight, express matter, baggage, and mails transported in such cars, without being subject to any other or different restrictions than those imposed by law on any vessel of the United States entering ports of the United States from ports in the same foreign country: Provided, That except as authorized by section 883 of this Appendix, such ferry, tugboat, or towboat shall not, under penalty of forfeiture, be used in connection with the transportation of any merchandise shipped from any port or place in the United States, its Territories or possessions, embraced within the coastwise laws of the United States, to any other port or place within the same.

(d) Salvaging operations by foreign vessels

No foreign vessel shall, 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, except when authorized by a treaty or in accordance with the provisions of section 725 of this Appendix: Provided, however, That if, on investigation, the Commissioner of Customs is satisfied that no suitable vessel wholly owned by a person who is a citizen of the United States and documented under the laws of the United States or numbered pursuant to the Act of June 7, 1918, as amended (46 U.S.C. 288), is available in any particular locality he may authorize the use of a foreign vessel or vessels in salvaging operations in that locality and no penalty shall be incurred for such authorized use.

(e) Operations permitted by treaty

Nothing in this section shall be held or construed to prohibit or restrict any assistance to vessels or salvage operations authorized by 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 by the treaty between the United States and Mexico "to facilitate assistance to and salvage of vessels in territorial waters", signed at Mexico City, June 13, 1935 (49 Stat. 3359).

(R.S. § 4370; June 11, 1940, ch. 324, 54 Stat. 304; 1946 Reorg. Plan No. 3, § 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Pub. L. 99-307, § 10, May 19, 1986, 100 Stat. 447; Pub. L. 100-329, § 2, June 7, 1988, 102 Stat. 589; Pub. L. 104-324, title XI, § 1115(b)(3), Oct. 19, 1996, 110 Stat. 3972.)

REFERENCES IN TEXT

The Presidential Proclamation of March 10, 1983, referred to in subsec. (a), is Proc. No. 5030, Mar. 10, 1983, 48 F.R. 10605, which is set out as a note under section 1453 of Title 16, Conservation.

Act of June 7, 1918, referred to in subsec. (d), was classified to section 288 of former Title 46, Shipping, and was repealed by Pub. L. 85-911, § 12, Sept. 2, 1958, 72 Stat. 1758, eff. Apr. 1, 1960. Provisions relating to numbering of vessels are contained in section 12301 et seq. of Title 46, Shipping.

Codification

R.S. § 4370 derived from acts July 18, 1866, ch. 201, § 21, 14 Stat. 183; Feb. 25, 1867, ch. 78, 14 Stat. 410.

AMENDMENTS

1996--Subsec. (a). Pub. L. 104-324 struck out "or 12107" after "section 12106".

1988--Subsec. (a). Pub. L. 100-329 inserted provision at end of first sentence relating to transportation of valueless material or any dredged material, regardless of commercial value.

1986--Subsec. (a). Pub. L. 99-307 substituted "a certificate of documentation issued under section 12106 or 12107 of title 46" for "a certificate of registry, a certificate of enrollment, or a license, issued pursuant to title 48 or title 50 of the Revised Statutes or a certificate of award of number issued pursuant to the Act of June 7, 1918, as amended (46 U.S.C. 288)," and "a vessel in distress" for "a vessel of foreign registry, or a vessel in distress".

1940--Act June 11, 1940, designated existing provisions as subsec. (a), expanded coverage to include all vessels and increased the penalties for violations, and added subsecs. (b) to (e).

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to 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 text, is an officer of Department of the Treasury.

"Commissioner of Customs" substituted for "Secretary of Commerce" in subsec. (d) on authority of Reorg. Plan No. 3 of 1946, § 101-104, set out as a note preceding section 3 of this Appendix.

ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY

Administrative delegation of functions by Secretary of the Treasury, see note set out preceding section 3 of this Appendix.

NONAPPLICABILITY OF PUB. L. 100-329 TO CERTAIN VESSEL

Amendment by Pub. L. 100-329 not applicable to a vessel engaged in the transportation of valueless material or valueless dredged material and owned or chartered by a corporation that had on file with Secretary of Transportation on Aug. 1, 1989, the certificate specified in section 883-1 of this Appendix, see section 5501(c) of Pub. L. 102-587, set out as a note under section 883 of this Appendix.

FEDERAL RULES OF CIVIL PROCEDURE

Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.

CROSS REFERENCES

Canadian vessels aiding vessels wrecked or disabled in United States waters, see section 725 of this Appendix.

Corporation meeting certain conditions deemed citizen for purposes of this section, see section 883-1 of this Appendix.

Definition of enrollment, license, or register with respect to vessel documentation, see section 12101 of Title 46, Shipping.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 883-1 of this Appendix.

§ 319. Civil penalties for trading without required certificate of documentation

Whenever a vessel, entitled to be documented and not so documented, is employed in a trade for which certificates of documentation are issued under the vessel documentation laws, other than a trade covered by a registry, the vessel is liable to a civil penalty of $500 for each port at which it arrives without the proper certificate of documentation, and if it has on board any merchandise of foreign growth or manufacture (sea stores excepted), or any taxable domestic spirits, wines, or other alcoholic liquors, on which the duties or taxes have not been paid or secured to be paid, the vessel, together with its equipment and cargo, is liable to seizure and forfeiture. Marks, labels, brands, or stamps, indicative of foreign origin, upon or accompanying merchandise or containers of merchandise found on board such vessel, shall be prima facie evidence of the foreign origin of such merchandise.

(June 19, 1886, ch. 421, § 7, 24 Stat. 81; Aug. 5, 1935, ch. 438, title III, § 314, 49 Stat. 529; Pub. L. 96-594, title I, § 126(e), Dec. 24, 1980, 94 Stat. 3459.)

AMENDMENTS

1980--Pub. L. 96-594 substituted provisions relating to violations and penalties for employment in a trade of a vessel entitled to be documented but not so documented for provisions relating to fines and penalties for trading without a license by a vessel twenty tons or upward, and struck out provisions respecting expiration of a license while a vessel is at sea.

1935--Act Aug. 5, 1935, provided for forfeiture, to deem marks, etc., prima facie evidence of foreign origin of merchandise, and to substitute "said fine or forfeiture" for "said fine of $30" in last sentence.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 128 of Pub. L. 96-594 provided in part that the amendment made by Pub. L. 96-594 is effective on first day of eighteenth month following December 1980.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 320 of this Appendix.

§ 320. Remission or mitigation of fines

The fines imposed by sections 5 1 and 6 1 of this act and sections 289 and 319 of this Appendix shall be subject to remission or mitigation by the Commissioner of Customs when the offense was not willfully committed, under such regulations and methods of ascertaining the facts as may seem to him advisable.
__________
1 See References in Text note below.

(June 19, 1886, ch. 421, § 9, 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, § 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

REFERENCES IN TEXT

Section 5 of this act, referred to in text, is section 5 of act June 19, 1886, which was classified to section 77 of former Title 46, Shipping, and was repealed by Pub. L. 99-509, title V, § 5104(b), Oct. 21, 1986, 100 Stat. 1928, and reenacted by section 5101(3) thereof as sections 14502 and 14512 of Title 46, Shipping.

Section 6 of this act, referred to in text, is section 6 of act June 19, 1886, which was classified to section 45 of former Title 46 and was repealed by Pub. L. 96-594, title I, § 127, Dec. 24, 1980, 94 Stat. 3459.

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to 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. Commissioner of Customs, referred to in text, is an officer of Department of the Treasury.

"Commissioner of Customs" substituted in text for "Secretary of Commerce" on authority of Reorg. Plan No. 3 of 1946, § 101-104, set out as a note preceding section 3 of this Appendix.

Upon incorporation into the Code, "Secretary of Commerce" substituted for "Secretary of the Treasury" to conform to acts Feb. 14, 1903, and Mar. 4, 1913.

ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY

Administrative delegation of functions by Secretary of the Treasury, see note set out preceding section 3 of this Appendix.

CROSS REFERENCES

Forfeitures, see sections 5601 et seq. and 7301 et seq. of Title 26, Internal Revenue Code.

Jurisdiction, fine, penalty or forfeiture, see section 1355 of Title 28, Judiciary and Judicial Procedure.

Mitigation, refunding and remission of penalties under laws relating to vessels, seamen, and customs, see sections 2107(b) and 2108 of Title 46, Shipping, and section 1618 of Title 19, Customs Duties.

§ 321. Penalty for illegal enrollment or license

Every collector, who knowingly makes any record of enrollment or license of any vessel, and every other officer, or person, appointed by or under them, who makes any record, or grants any certificate or other document whatever, contrary to the true intent and meaning of title 50 of the Revised Statutes, or takes any other or greater fees than are by title 50 of the Revised Statutes allowed, or receives for any service performed pursuant to title 50 of the Revised Statutes, any reward or gratuity, and every surveyor, or other person appointed to measure vessels, who willfully delivers to any collector or such officer or employee as the Secretary of the Treasury shall designate a false description of any vessel, to be enrolled or licensed, in pursuance of title 50 of the Revised Statutes, shall be liable to a penalty of $500, and be rendered incapable of serving in any office of trust or profit under the United States.

(R.S. § 4373; June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740; Aug. 8, 1953, ch. 397, § 2(d), 67 Stat. 508.)

REFERENCES IN TEXT

Title 50 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 50 of the Revised Statutes, consisting of R.S. § 4311 to 4390. For complete classification of R.S. § 4311 to 4390 to the Code, see Tables.

Codification

R.S. 4373 derived from act Feb. 18, 1793, ch. 8, § 29, 1 Stat. 315.

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than Dec. 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 offices eliminated were already vested in 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.

Upon incorporation into the Code, "comptroller of customs" substituted for "naval officer" to conform to act Sept. 21, 1922, ch. 356, § 523, 42 Stat. 974, which was repealed by section 651(a)(1) of act June 17, 1930. Section 523 of act June 17, 1930, classified to section 1523 of Title 19, Customs Duties, continued naval officers of customs as comptrollers of customs. Section 523 of act June 17, 1930, was amended by act Aug. 8, 1953, which omitted references to comptrollers of customs and substituted reference to Secretary of the Treasury or such officer or employee as he shall designate. The words "such officer or employee as the Secretary of the Treasury shall designate" were substituted for "comptrollers of customs" to reflect such change.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this Appendix.

Definition of enrollment or license with respect to vessel documentation, see section 12101 of Title 46, Shipping.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 322 of this Appendix.

§ 322. Penalty for malfeasance

Every person, authorized and required by title 50 of the Revised Statutes to perform any act or thing as an officer, who willfully neglects or refuses to do and perform the same, according to the true intent and meaning of title 50 of the Revised Statutes, shall, if not subject to the penalty and disqualifications prescribed in section 321 of this Appendix, be liable to a penalty of $500 for the first offense, and of like sum for the second offense, and shall, after conviction for the second offense, be rendered incapable of holding any office of trust or profit under the United States.

(R.S. § 4374.)

REFERENCES IN TEXT

Title 50 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 50 of the Revised Statutes, consisting of R.S. § 4311 to 4390. For complete classification of R.S. § 4311 to 4390 to the Code, see Tables.

Codification

R.S. § 4374 derived from act Feb. 18, 1793, ch. 8, § 29, 1 Stat. 315.

§ 323. Penalty for forgery and alteration

Every person who forges, counterfeits, erases, alters, or falsifies any enrollment, license, certificate, permit, or other document, mentioned or required in title 50 of the Revised Statutes, to be granted by any officer of the revenue, such person, so offending, shall be liable to a penalty of $500.

(R.S. § 4375.)

REFERENCES IN TEXT

Title 50 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 50 of the Revised Statutes, consisting of R.S. § 4311 to 4390. For complete classification of R.S. § 4311 to 4390 to the Code, see Tables.

Codification

R.S. § 4375 derived from act Feb. 18, 1793, ch. 8, § 30, 1 Stat. 316.

CROSS REFERENCES

Definition of enrollment or license with respect to vessel documentation, see section 12101 of Title 46, Shipping.

Ship's papers, counterfeiting and forgery, see section 507 of Title 18, Crimes and Criminal Procedure.

§ 324. Penalty for obstructing officers

Every person who assaults, resists, obstructs, or hinders any officer in the execution of any Act or law relating to the enrollment, registry, or licensing of vessels, or of title 50 of the Revised Statutes, or of any of the powers or authorities vested in him by any such Act or law, shall, for every such offense, for which no other penalty is particularly provided, be liable to a penalty of $500.

(R.S. § 4376.)

REFERENCES IN TEXT

Title 50 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 50 of the Revised Statutes, consisting of R.S. § 4311 to 4390. For complete classification of R.S. § 4311 to 4390 to the Code, see Tables.

Codification

R.S. § 4376 derived from act Feb. 18, 1793, ch. 8, § 31, 1 Stat. 316.

CROSS REFERENCES

Assault, penalty, see section 111 et seq. of Title 18, Crimes and Criminal Procedure.

§ 326. Exemption from forfeiture

Any merchandise on board any vessel which belongs, in good faith, to any person other than the master, owner, or mariners of such vessel, and upon which the duties have been paid, or secured according to law, shall be exempted from any forfeiture under title 50 of the Revised Statutes.

(R.S. § 4378.)

REFERENCES IN TEXT

Title 50 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 50 of the Revised Statutes, consisting of R.S. § 4311 to 4390. For complete classification of R.S. § 4311 to 4390 to the Code, see Tables.

Codification

R.S. § 4378 derived from act Feb. 18, 1793, ch. 8, § 33, 1 Stat. 316.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this Appendix.

§ 327. Notice of seizure

In every case where a forfeiture of any vessel or merchandise shall accrue, it shall be the duty of the collector or other proper officer, who shall give notice of the seizure of such vessel or of such merchandise, to insert in the same advertisement the name and the place of residence of the person to whom any such vessel and merchandise belonged or were consigned, at the time of such seizure, if the same be known to him.

(R.S. § 4379.)

Codification

R.S. § 4379 derived from act Feb. 18, 1793, ch. 8, § 28, 1 Stat. 315.

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than Dec. 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 offices eliminated were already vested in 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.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this Appendix.

§ 328. Recovery of forfeitures and penalties

All penalties and forfeitures which shall be incurred by virtue of title 50 of the Revised Statutes may be sued for, prosecuted, and recovered as penalties and forfeitures incurred by virtue of the laws relating to the collection of duties, and shall be appropriated in like manner; except when otherwise expressly prescribed.

(R.S. § 4380.)

REFERENCES IN TEXT

Title 50 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 50 of the Revised Statutes, consisting of R.S. § 4311 to 4390. For complete classification of R.S. § 4311 to 4390 to the Code, see Tables.

Codification

R.S. § 4380 derived from act Feb. 18, 1793, ch. 8, § 35, 1 Stat. 317.

CROSS REFERENCES

Enforcement of penalties and forfeitures under the customs laws, see section 1581 et seq. of Title 19, Customs Duties.

§ 336. Canal boats exempt from enrollment, license, and customs fees

The act to which this is a supplement shall not be so construed as to extend the provisions of the said act to canal boats or boats employed on the internal waters or canals of any State; and all such boats, excepting only such as are provided with sails or propelling machinery of their own adapted to lake or coastwise navigation, and excepting such as are employed in trade with the Canadas, shall be exempt from the provisions of the said act, and from the payment of all customs and other fees under any act of Congress.

(Apr. 18, 1874, ch. 110, 18 Stat. 31.)

REFERENCES IN TEXT

The act to which this is a supplement, and the said act, referred to in text, mean act Feb. 18, 1793, ch. 8, 1 Stat. 305, entitled "An Act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same", which was incorporated into the Revised Statutes of 1878 as R.S. § 919, 923, 938, 941, 4311, 4312, 4319 to 4327, 4331 to 4338, 4349 to 4356, 4359 to 4369, 4371 to 4381, 4383, and 4385. For complete classification of such sections of the Revised Statutes to the Code, see Tables.



























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