46 U.S.C. 12103(b), General Eligibility Requirements

§ 12102

TITLE 46—SHIPPING

(2) COASTWISE ENDORSEMENT.—The terms ‘‘license’’, ‘‘enrollment and license’’, ‘‘license for
the coastwise (or coasting) trade’’, and ‘‘enrollment and license for the coastwise (or
coasting) trade’’ mean a certificate of documentation with a coastwise endorsement
issued under this chapter.
(3) YACHT.—The term ‘‘yacht’’ means a recreational vessel even if not documented.

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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.
(2) PROHIBITION.—Vessels operating under a
waiver issued under this subsection may not
engage in any coastwise transportation.

(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1491.)

(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.)

HISTORICAL AND REVISION NOTES

HISTORICAL AND REVISION NOTES

Revised
Section
12101(a) ......

12101(b) ......

Source (U.S. Code)
46:12101(a)(2).
46 App.:883 (2d proviso related to
meaning of ‘‘rebuilt’’).

Source (Statutes at Large)

Revised
Section
12102(a) ......

June 5, 1920, ch. 250, § 27 (2d
proviso related to meaning of ‘‘rebuilt’’), 41 Stat.
999; July 2, 1935, ch. 355, 49
Stat. 442; July 14, 1956, ch.
600, § 1, 70 Stat. 544; Pub.
L. 86–583, § 1, July 5, 1960,
74 Stat. 321; Pub. L.
100–239, § 6(c)(1), Jan. 11,
1988, 101 Stat. 1782.

46:12101(b).

In subsection (a), the words ‘‘its territories’’ and ‘‘or
its possessions’’ are omitted because of the definition of
‘‘United States’’ in chapter 1 of the revised title. The
words ‘‘(not including trust territories)’’ are omitted
because the Trust Territory of the Pacific Islands has
terminated. See 48 U.S.C. 1681 note prec.
Editorial Notes
PRIOR PROVISIONS
A prior section 12101, Pub. L. 98–89, Aug. 26, 1983, 97
Stat. 585; Pub. L. 98–364, title IV, § 402(16), July 17, 1984,
98 Stat. 450; Pub. L. 99–36, § 1(a)(7)(B), May 15, 1985, 99
Stat. 67; Pub. L. 100–239, § 3(2), (3), Jan. 11, 1988, 101 Stat.
1778; Pub. L. 101–225, title III, § 301(a)(1), Dec. 12, 1989,
103 Stat. 1920; Pub. L. 104–324, title XI, § 1115(b)(2), Oct.
19, 1996, 110 Stat. 3972, originally derived from section
65w of former Title 46, Shipping, related to definitions
and related terms in other laws, prior to the general
amendment of this chapter by Pub. L. 109–304. See this
section and section 108 of this title.

§ 12102. Vessels requiring documentation
(a) IN GENERAL.—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.
(b) VESSELS LESS THAN 5 NET TONS.—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.
(c) BARGES.—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.
(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 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

12102(b) ......
12102(c) ......

Source (U.S. Code)

Source (Statutes at Large)

46:12106(b).
46:12108(b).
46:12110(a).
46:12102(a) (related
to tonnage).
46:12110(b).

Editorial Notes
PRIOR PROVISIONS
A prior section 12102, Pub. L. 98–89, Aug. 26, 1983, 97
Stat. 585; Pub. L. 99–509, title V, § 5102(b)(6), Oct. 21,
1986, 100 Stat. 1927; Pub. L. 100–239, § 7(a), Jan. 11, 1988,
101 Stat. 1782; Pub. L. 100–710, title I, § 104(a)(4), (5), Nov.
23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III,
§ 301(a)(2), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 104–324,
title XI, § 1136(a), Oct. 19, 1996, 110 Stat. 3986; Pub. L.
105–277, div. C, title II, § 202(a), Oct. 21, 1998, 112 Stat.
2681–617; Pub. L. 105–383, title IV, §§ 401(a)(1), 421, Nov.
13, 1998, 112 Stat. 3424, 3439; Pub. L. 107–20, title II,
§ 2202(a), July 24, 2001, 115 Stat. 168; Pub. L. 107–206, title
I, § 1103, Aug. 2, 2002, 116 Stat. 884; Pub. L. 108–136, div.
C, title XXXV, § 3534(b)(1), Nov. 24, 2003, 117 Stat. 1818,
originally derived from section 65b of former Title 46,
Shipping, related to vessels eligible for documentation,
prior to the general amendment of this chapter by Pub.
L. 109–304. See this section and sections 12103, 12111, and
12113 of this title.
AMENDMENTS
2010—Subsec. (d). Pub. L. 111–281 added subsec. (d).
Statutory Notes and Related Subsidiaries
REGULATIONS
Pub. L. 111–281, title IX, § 901(c)(2), Oct. 15, 2010, 124
Stat. 3008, provided that: ‘‘The Secretary of the department in which the Coast Guard is operating shall, in
accordance with section 553 of title 5, United States
Code, and after public notice and comment, promulgate
regulations necessary and appropriate to implement
this subsection [amending this section]. The Secretary
may grant interim permits pending the issuance of
such regulations upon receipt of applications containing the required information.’’

§ 12103. General eligibility requirements
(a) IN GENERAL.—Except as otherwise provided, a certificate of documentation for a vessel may be issued under this chapter only if the
vessel is—
(1) wholly owned by one or more individuals
or entities described in subsection (b);
(2) at least 5 net tons as measured under part
J of this subtitle; and
(3) not documented under the laws of a foreign country.
(b) ELIGIBLE OWNERS.—For purposes of subsection (a)(1), the following are eligible owners:
(1) An individual who is a citizen of the
United States.

Page 205

(2) An association, trust, joint venture, or
other entity if—
(A) each of its members is a citizen of the
United States; and
(B) it is capable of holding title to a vessel
under the laws of the United States or a
State.
(3) A partnership if—
(A) each general partner is a citizen of the
United States; and
(B) the controlling interest in the partnership is owned by citizens of the United
States.
(4) A corporation if—
(A) it is incorporated under the laws of the
United States or a State;
(B) its chief executive officer, by whatever
title, and the chairman of its board of directors are citizens of the United States; and
(C) no more of its directors are noncitizens
than a minority of the number necessary to
constitute a quorum.
(5) The United States Government.
(6) The government of a State.
(c) TEMPORARY CERTIFICATES PRIOR TO
UREMENT.—Notwithstanding subsection

MEAS(a)(2),
the Secretary may issue a temporary certificate
of documentation for a vessel before it is measured.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1492.)
HISTORICAL AND REVISION NOTES
Revised
Section
12103(a) ......
12103(b) ......
12103(c) ......

§ 12105

TITLE 46—SHIPPING

Source (U.S. Code)

Source (Statutes at Large)

46:12102(a) (less
ownership), (b)
(1st sentence).
46:12102(a) (related
to ownership)
46:12102(b) (last sentence).

Editorial Notes
PRIOR PROVISIONS
A prior section 12103, Pub. L. 98–89, Aug. 26, 1983, 97
Stat. 585; Pub. L. 100–710, title I, § 104(a)(4), (6), Nov. 23,
1988, 102 Stat. 4750; Pub. L. 101–225, title III, § 301(a)(3),
Dec. 12, 1989, 103 Stat. 1920; Pub. L. 102–388, title III,
§ 348(c)(1), Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102–587,
title V, § 5213(a)(1), Nov. 4, 1992, 106 Stat. 5077; Pub. L.
107–295, title IV, § 422(a), Nov. 25, 2002, 116 Stat. 2125,
originally derived from section 65e of former Title 46,
Shipping, related to certificates of documentation,
prior to the general amendment of this chapter by Pub.
L. 109–304. See sections 12104, 12105, and 12133 of this
title.
A prior section 12103a, added Pub. L. 107–295, title IV,
§ 422(b)(1), Nov. 25, 2002, 116 Stat. 2125, related to
issuance of temporary certificate of documentation by
third parties, prior to the general amendment of this
chapter by Pub. L. 109–304. See section 12105 of this
title.

§ 12104. Applications for documentation
(a) IN GENERAL.—An application for a certificate of documentation or endorsement under
this chapter must be filed by the owner of the
vessel. The application must be filed in the manner, be in the form, and contain the information
prescribed by the Secretary.
(b) APPLICANT’S IDENTIFYING INFORMATION.—
The Secretary shall require the applicant to provide—

(1) if the applicant is an individual, the individual’s social security number; or
(2) if the applicant is an entity—
(A) the entity’s taxpayer identification
number; or
(B) if the entity does not have a taxpayer
identification number, the social security
number of an individual who is a corporate
officer, general partner, or individual trustee of the entity and who signs the application.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1493.)
HISTORICAL AND REVISION NOTES
Revised
Section
12104(a) ......
12104(b) ......

Source (U.S. Code)

Source (Statutes at Large)

46:12103(a) (related
to filing by
owner), (b)(1).
46:12103(b)(2).

Editorial Notes
PRIOR PROVISIONS
A prior section 12104, Pub. L. 98–89, Aug. 26, 1983, 97
Stat. 586; Pub. L. 99–36, § 1(a)(7)(B), May 15, 1985, 99 Stat.
67; Pub. L. 101–225, title III, § 301(a)(4), Dec. 12, 1989, 103
Stat. 1920, originally derived from section 65g of former
Title 46, Shipping, related to effect of documentation,
prior to the general amendment of this chapter by Pub.
L. 109–304. See section 12134 of this title.

§ 12105. Issuance of documentation
(a) IN GENERAL.—Except as provided in section
12152 of this title, the Secretary, on receipt of a
proper application, shall issue a certificate of
documentation or a temporary certificate of
documentation for a vessel satisfying the requirements of section 12103 of this title. The certificate shall contain each endorsement under
subchapter II of this chapter for which the
owner applies and the vessel is eligible.
(b) TEMPORARY CERTIFICATES FOR RECREATIONAL VESSELS.—The Secretary may delegate, subject to the supervision and control of
the Secretary and under terms prescribed by
regulation, to private entities determined and
certified by the Secretary to be qualified, the
authority to issue a temporary certificate of
documentation for a recreational vessel eligible
under section 12103 of this title. A temporary
certificate issued under this subsection is valid
for not more than 30 days.
(c) INFORMATION TO BE INCLUDED IN CERTIFICATE.—A certificate of documentation shall—
(1) identify and describe the vessel;
(2) identify the owner of the vessel; and
(3) contain additional information prescribed
by the Secretary.
(d) PROCEDURES TO ENSURE INTEGRITY AND ACCURACY.—The Secretary shall prescribe procedures to ensure the integrity of, and the accuracy of information contained in, certificates of
documentation.
(e) EFFECTIVE PERIOD.—
(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), a certificate of documentation issued under this part is valid for a 1-year
period and may be renewed for additional 1year periods.
(2) RECREATIONAL VESSELS.—